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Backup Documents 04/27/2010 Item #16B 516B MEMORANDUM Date: April 27, 2010 To: Rhonda Cummings, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10 -5402: "Immokalee Stormwater Master Plan Implementation" Contractor: Camp Dresser & McKee, Inc. (CDM) Enclosed is one (1) original contract, referenced above (Agenda Item 9161115), approved by the Board of County Commissioners on Tuesday, April 27, 2010. An original contract was kept in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure (1) ITEM NO.: 10, ?`?-c - (*001 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 27, 2010 DATIe c ;FitRECEIVED: 'V To: County Attorney's Office Sk-T Jeff Klatzkow, County Attorney -1) V-L LA V"So From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 t Re: Contract: #10 -5402 "Immokalee Stormwater Master Plan Implementation" Contractor: Camp Dresser & McKee Inc (CDM) BACKGROUND OF REQUEST: �� I This contract was approved by the BCC on il 13, 2010; Agenda Item 16I .D.8 This item haslnot been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: This is a standard contract with no changes. Please forward to the BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Brandy Otero, Stormwater p CHECKLIST FOR 1ZEVIE}VINGCONTRACTS �br Entity Nmne: __('� Q 168 5 ��� , Entity name correct on contract? l� No Entity registered with FL Sec. of, /yeS - �Vo Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/Or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $�_ Products /Compl/Op Required Personal & Advert Required Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ \ r*f\ x 1 Workers Compensation Each accident Required $_5o o )� Disease Aggregate Required $ i Disease Each Empl Required $ Umbrella Liability _ L No es ���ttt////// No es No ___Yes __No Provided $j_L_l Exp. Date t _ Provided $ r [ r 1 Exp. Date Provided $ r / Exp. Date r r Provided $ i r � / Exp. Date Provided $_ L I(% Exp. Date Provided $ i mi \ l Provided $_A-P- ; -�_� Provided $ t Provided $_ Exp Date - ­2441 Exp Date _ t it Exp Date l Exp Date - -� Each Occurrence Provided $__ Exp Date Aggregate Provided $ Exp Date Does Umbrella sufficiently cover any underinsured portion? Yes No Professional Liability \ �G Each Occurrence Required $ 1 rCt'", VI Provided $ Exp. Date Per Aggregate Required $_.4 _,I_ Provided $ Exp. Date Other Insurance Each Occur Type: pry_ ,�Q�q . Required $ — provided $ _k PY�s� Exp Date County required to be named as additional insured? Yes _No County named as additional insured? , /Yes _No Indemnification Does indemnification meet County standards? Yes � N Is County indemnifying other party? Yes f�— Performance Bond Bond requirement referenced in contract? Yes No If attached, expiration date of bond -- Does dollar amount match contract? __Yes No Agent registered in Florida? Yes No Signature Blocks Correct executor name in signature block? No Correct title of executor? es No —� Executor authorized to sign for entity? Yes No Proper number of witnesses /notary? es No Authorization for executor to sign, if necessary- Chairman's signature block? No Clerk's attestation signature block? es — No County Attorney's signature block? _Yes No Attachments -- - — Are all required attachments included? Yes No Reviewer Initials' /j lI v 04 -CO ?. -01031/ 2 MEMORANDUM TO: Ray Carter Risk Management Department ( FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: April 27, 2010 RE: Review of Insurance for Contract: #10 -5402 "Immokalee Stormwater Master Plan Implementation" Contractor: Camp Dresser & McKee Inc (CDM) This contract was approved by the BCC on April 27, 2010; Agenda Item 16.B.5 Please review the Payment & Performance Bonds and Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod /RC C: Brandy Otero, Stormwater DATE RECEfVEC APR 2 7 2010 RISK lIFiNABE W M e n mausen_a 16 From: RaymondCarter Sent: Tuesday, April 27, 2010 3:26 PM To: CummingsRhonda Cc: DeLeonDiana; mausen_g; HerreraSandra; OteroBrandy Subject: Contract 10 -5402 "Immokalee Stormwater Master Plan Implementation" All, I have approved the certificate(s) of insurance provided by Camp Dresser & McKee Inc (CDM) for contract 10 -5402. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Manager Risk Finance Office 239 - 252 -8839 Cell 239 - 821 -9370 Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. w,vw.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Foreign Profit Corporation CAMP DRESSER & MCKEE INC Filing Information Document Number 832235 FEI /EIN Number 042473650 Date Filed 1412 311 9 7V State MA Status ACTIVE Last Event MERGER Event Date Filed 12/11/2003 Event Effective Date 12/15/2003 Principal Address ONE CAMBRIDGE PLACE 50 HAMPSHIRE STREET CAMBRIDGE MA 02139 US Changed 04/12/2000 Mailing Address ATTN: LEGAL DEPT. 50 HAMPSHIRE STREET CAMBRIDGE MA 02139 Changed 04/12/2000 Registered Agent Name & Address C T CORPORATION SYSTEM 8751 WEST BROWARD BLVD. PLANTATION FL 33324 US Officer /Director Detail Name & Address Title CHB FOX, RICHARD D 50 HAMPSHIRE STREET CAMBRIDGE MA 02139 Title S LACKMAN, JAMES S 50 HAMPSHIRE STREET CAMBRIDGE MA 02139 Title P Document Searches Pagel of 3 R 41i Forms Help Entity Name Search Submit http: / /www. sunbiz.org /scripts /eordet. exe ?action =DETF 1L& inq_doc_num ber= 83223 5 &incL... 4/9/2010 www.sunbiz.org - Department of State it 2 f 3 MANNING, JOHN D 50 HAMPSHIRE STREET CAMBRIDGE MA 02139 Title T MCCARTHY, ROBERT W 50 HAMPSHIRE STREET CAMBRIDGE MA 02139 Title D STEVENSON, HOWARD H 31 FAYERWEATHER STREET NESHANIC STATION NJ 08853 Title D SHEA, PAUL R 555 17TH STREET DENVER CO 80202 Annual Reports Report Year Filed Date 2009 01/13/2009 2009 05/26/2009 2010 01/13/2010 Document Images 01/13/2010 ANNUAL REPORT View image in PDF format 05/26/2009 -- ANNUAL REPORT - View image in PDF format 01/13 /2009 -- ANNUAL REPORT View image. in PDF format 01/03/2008 -- ANNUAL REPORT View image in PDF format 01/04 /2007 - -ANN UAL REPORT iView image in PDF format 04/06/2006 ANNUAL REPORT View image in PDF format 01/1012005 -- ANNUAL REPORT view image. in PDF format 01/26 /2004 --ANNUAL REPORT View image in PDF format 12/11/2003 -- Merger View image in PDF formate 01/16/2003 ANNUAL REPORT View image. in PDF format 01117/2002 -- ANNUAL REPORT View image in PDF format 01/30 /2001 -- ANNUAL REPORT View image in PDF format 04/12/2000 --ANNUAL REPORT View image in PDF format 03/29/1999 -- ANNUAL REPORT View image in PDF format - 04/21 /1998 -- ANNUAL REPORT View image in PDF formati 05/06/1997 -- ANNUAL REPORT View image in-PDF format 05/01/1996 -- ANNUAL REPORT : View image in PDF format 02/14 /1995 -- ANNUAL REPORT _ View image in PDF format Note: This is not official record. See documents if question or conFlict. Previous on List Next on List Return To List Entity Name Search http: / / www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_ doc_number= 832235 &inq_... 4/9/2010 Ft CERTIFICATE I, Robert J. Anton, Assistant Clerk of Camp Dresser & McKee Inc., a Massachusetts corporation, hereby certify that at a duly called meeting of the Board of Directors of the Corporation, a majority being present and voting throughout, it was voted to authorize W. Kirk Martin to execute and deliver proposals, contracts and agreements in the name and on behalf of Camp Dresser & McKee Inc. for the performance of miscellaneous engineering services Master Service Agreements for Collier County, Florida. I further certify that the foregoing is consistent with the By -Laws ofthe said corporation, and has not been modified or rescinded. IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate seal of Camp Dresser & McKee Inc. to be hereunder affixed on this 6th day of January 2010. Assistant Clerk o the Corporation COMMONWEALTH OF MASSACHUSETTS) ) SS. COUNTY OF MIDDLESEX ) On this 6th day of January 2010, before me, the undersigned Notary Public, personally appeared Robert J. Anton, who proved to me through satisfactory evidence of identification — Massachusetts Driver's License — to be the person whose name is signed on this document in my pi Janet M. Cotugno, Notary Public ,/ My Commission Expires 22 June 2012 Contract #10 -5402 Immokalee Stormwater Master Plan Implementation PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this '-day of A1211"I , 2010, 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 Camp Dresser & McKee Inc. authorized to do business in the State of Florida, whose business address is 12501 World Plaza Lane, Building 51, Fort Myers, Florida 34135 (hereinafter referred to as the "CONSULTANT'). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Design Consulting services of the CONSULTANT concerning Immokalee Stormwater Master Plan Implementation (hereinafter referred to as the "Project'), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: TPA#I953637.9 PSA 168 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates W. Kirk Martin, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this TPA91953637.9 PSA 2 i � e Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. TPAff1953637.9 PSA 3 168 �3 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. 1 VAN1953637.9 PgA 4 16B 5 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: TPA #1953537.9 PSA 5 16 8 f" 5 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. TPA #1953637.9 PSA 6 s 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager "). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; TPAN1953637.9 PSA 7 • i (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to TPA #1953637.9 PSA 8 168 have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. TPAk1953637.9 PSA 9 s � ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ,rPAN 1953637.9 PSA 10 16B' ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. TPA #19536379 PSA 166 5 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, 'IPA #1953637.9 PSA 12 r ?� .J or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. TPANI9iW37.9 PSA 13 168 5 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. TPAP1953637.9 PSA 14 160 5 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an TI'A#M3637.9 p,qn 15 16B 5 extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for TPA #1953637.9 PSA 16 168 5 CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. TPAN1953637.9 PSA 17 e ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, FL. 34112 Attention: Stephen Y. Carnell, Purchasing /General Services Director Fax: 239- 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Camp Dresser & McKee Inc. 12501 World Plaza Lane, Bldg. 51 Fort Myers, FL 34135 239/938 -9600 Phone, 239/275 -6755 Fax Attn: Paul Pinault 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. "CPA #1953637.9 PSA is J 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. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE TPA 91953637.9 PSA 19 Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: TPA#193637.9 PSA 20 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. TP-k# 1953637.9 NA 21 r # t 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 seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. TPA #1953637.9 PSA 22 S IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for 10 -5402 "Immokalee Stormwater Master Plan Update" the day and year first written above. ATTEST: Dwight E. EE.j�B�rock, Clerk By ✓', Date: 29� Abbw u °to lrwtn s 6ggWtm cal 0 Approved as to form and le fficiency: -e-,"j Deputy County Attorney Witness %J P1 l' A� . 4, — Afsi�; L Printed Name and Title o Witn s Printed Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: _ Fred W. Coyle, Chairman Camp Dresser & McKee Inc. By: �/C Vin. —�1« /✓a��c.�J Typed Name and Title TPA #1953637.9 PSA 23 s SCHEDULE A SCOPE OF SERVICES I. Background During Tropical Storm Fay, the downtown Immokalee area experienced significant flooding and continues to flood during heavy rain events. The flooding poses safety risks to persons and property in the area. In addition to the threat of flooding, there are open drainage swales that continuously collect garbage to the point of impeding the flow of storm water through existing drainage structures. Large unprotected drainage basins also exist that pose safety risks to persons in the area. Prior to Tropical Strom Fay, The Big Cypress Basin, of the South Florida Water Management District, developed the Immokalee Stormwater Management Master Plan in 2005 to address flooding and water quality concerns. The study involved an analysis of problems and needs, data collection, hydrologic and hydraulic modeling, water quality analysis, evaluation of alternative solutions, initial cost estimates and development of recommended alternatives. In March 2005 the Immokalee Community Redevelopment Agency (CRA) Advisory Board provided input into the Stormwater Master Plan and selected five areas for implementation. These areas will be referred to as "the five areas" in the remainder of this document and include: • Madison Ditch • Slough • Lake Trafford and Fish Creek • Immokalee Drive • Downtown Immokalee In 2008 the CRA developed a Redevelopment Master Plan for the Immokalee Downtown Redevelopment Area. All proposed stormwater improvements within the redevelopment area should be targeted to facilitate redevelopment or resolve stormwater drainage problems. In the first quarter of 2010, the CRA was notified that under the 2008 Supplemental Community Development Block Grant (CDBG) Appropriations for the Disaster Recovery Initiative (DRI), the Collier County Department of Housing and Human Services Selection Committee was recommending to the Collier County Board of County Commissioners and Florida Department of Community Affairs that the CRA be awarded a construction grant in the amount of $3,533,124 for the stormwater improvements in the downtown Immokalee area. The award is expected to be officially received in July 2010 and will require that construction is completed within in 2 years of the award. 11. Scope of Services In order to coordinate the 2005 SWMP with the 2008 Redevelopment Plan and adhere to the 2- year schedule requirement of the construction grant money being awarded, the purpose of this scope of work is to: Review, update, and prioritize the conceptual plans developed as part of the 2005 SWMP and selected by the CRA for implementation in the five areas (Task 1). 2. Design and provide construction drawings for the downtown area (Task 2). A -1 3. Obtain necessary permits for the downtown area design (Task 3). 4. Provide bidding assistance services for the downtown area design (Task 4). TASK 1 — Update and Prioritize Master Plan Under this task, the ENGINEER will review background information. The ENGINEER will also collect new design specific data for the downtown project area only. Based on the reviews and new information, the ENGINEER will update the conceptual designs for the five areas and develop a prioritized implementation plan for the five areas. Sub -task 1.1 — Review of Background Reports and Information The ENGINEER will schedule and conduct a project kickoff meeting to review the project scope and goals with the COUNTY. The ENGINEER will review the following background reports and information as provided by the COUNTY. • 2005 Immokalee Stormwater Master Plan (SWMP) XP SWMM model developed in 2005 as part of the SWMP • 2008 CRA Redevelopment Plan • The 60% design of sidewalks in the downtown area and relevant supporting data Sub -task 1.2 - Topographic and Boundary Survey A topographic and boundary survey will be completed for the downtown project area. Prior to survey initiation, research into the subdivision plats covering the project area will be conducted. A computed CAD level drawing of the properties based on the existing plats of record will be produced and will be the basis of the horizontal control for the project. Since many of the subdivision plats in this area are very old and possibly incomplete, it is recommended that the County provide a title search over the subject property limits to identify any easements of record that may not be indicated on the recorded subdivision plats. The design topographic surrey will establish vertical control based on the NAVD 88 datum. Field efforts will measure road cross - sections, soil- boring locations, invert elevations of structures, and utility locations (underground utility locations will be completed to the extent that they are able to be marked by others including IWSD and Sunshine State No Cuts). Horizontal control will be based on NAD 83 State Plane Florida East Zone. As part of the survey work, a map of right of way (ROW) needs will be developed and provided to the COUNTY. Sub -task 1.3 — Geotechnical Exploration and Evaluation Based on the 2005 conceptual plan, a geotechnical evaluation will be completed for the downtown project area. ENGINEER will develop a geotechnical evaluation plan to obtain soil borings and the associated tests at appropriate intervals to provide information necessary for the design of the proposed pond, pipes, and ex- filtration trenches. As needed, this will include hydrologic evaluation and evaluation of potential rock excavation handling. Sub -Task 1.4 — Ecological Assessment A -2 An ecological assessment of the downtown project area will be completed as soon as possible in the project to assist the COUNTY with land acquisition efforts. The ENGINEER will collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application within the project boundaries. The ENGINEER shall be responsible for verification of wetland data identified and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. As- needed for permitting purposes, the ENGINEER shall prepare clearances for the project area, This may include: Wetland Impact Analysis: The ENGINEER shall analyze the impacts to wetlands for the project area and complete the Wetlands Evaluation Report. • Threatened and Endangered Species Analysis: The ENGINEER shall collect data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat for the project area. Sub -task 1.5 — Update Stormwater Master Plan Based on the review of background information and new data collected, the ENGINEER will identify potential modifications to the 2005 conceptual plans for the five areas based on the following reviews: • A comparison to the 2008 Redevelopment Plan will be made to identify common elements and where improvements should be coordinated between the sets of plans. • A review of the ongoing sidewalk design project in the downtown area will be made to coordinate improvements in the same locations. • Review the new data collected and make an initial site visit to identify changes that may be needed and if there are additional stormwater improvements that should be included that were not in the 2005 conceptual plan. • Complete a QA/QC review of the existing model and how it was used to develop conveyance needs in the conceptual plans for the five areas. For budgeting purposes, i is assumed the model is of reasonable quality and accuracy and will require only minor updates and modifications. The model will be used for hydraulic evaluations to verify hydraulic capacities and pipe sizes in the conceptual plans for the 2- year /24 -hour, 5- year /24 -hour, 10- year /24 -hour, 25- year/72 -hour, and 100 - year /72- hour design storm events under both existing and proposed conditions. Identify potentially new water quality regulatory changes and constraints since the 2005 study was completed. This includes potential impacts from recent TMDL levels established since the 2005 conceptual plan was developed. • Provide an overall value -added evaluation of the conceptual plans for the five areas. The ENGINEER will discuss the potential modifications identified with the COUNTY and collaboratively select any modifications that should be made to the conceptual plans. n -, 1B 5 Based on the updated plan, ENGINEER will update the opinion of probable costs for the five areas to reflect any updates and the current market conditions. Updating of the probable costs is a high priority to be completed as soon as possible in the project. Sub -Task 1.6 — Stakeholder Meetings ENGINEER will schedule two stakeholder meetings in Immokalee that will be run by the COUNTY'S public information facilitator. The ENGINEER will assist in leading these workshops. At these meetings, ENGINEER would present the conceptual plans for the five areas. This will include clearly describing the benefits and costs of each project. The purpose of these meetings will be to communicate the plan to the stakeholders and obtain feedback to prioritize the projects and potentially modify the conceptual plans. Sub -Task 1.7 — Prioritize Projects and Develop Implementation Plan Based on the available CDBG DRI grant funding, the downtown area project is the first priority to be completed. The second priority will be the slough area culverts as they are downstream of the downtown area improvements. The ENGINEER will utilize a ranking matrix to prioritize the remaining three stormwater improvement needs obtained from the Immokalee Stormwater Master Plan using the following parameters: • Priority needs identified by the Immokalee Community Redevelopment Agency Advisory Board • Improvements in the Life Safety Issues within each Geographic Area of Concern • Improvement in Level of Drainage Service • Improvement in Environmental Quality • Incentive for Redevelopment Activities • Budget/Cost • Land Acquisition Need and Feasibility • Permitting Complexity • Adequacy of existing and proposed stormwater outfalls • Time to Project Completion • Benefit to residential land uses (units) • Benefit to commercial land uses (acres) • Benefit to agricultural land uses (acres) • Benefit to conservation /natural land uses (acres) • Project completion from a downstream to upstream (normal stormwater flow direction) progression. Based on the analysis and information from the previous tasks, the ENGINEER will develop a recommended implementation plan for the updated conceptual plans in the five areas. As part of developing the recommendations, the ENGINEER will coordinate and participate in CRA meetings. The analysis and information compiled from the previous tasks and coordination with the CRA will be documented in a Task 1 summary report and include the following: • Prioritized list of recommended projects for design and construction • List illustrating grant opportunities A -a 16B • Common elements between the Immokalee SWMP and the Immokalee Community Redevelopment Plan. TASK 2 —Final Design of Downtown Improvements The downtown area will be the first priority for implementation based on the available grant funding that must be used within 2 -years for that area. Therefore, this final design task includes a preliminary design report and final design for the downtown area improvements. The final design will include construction drawings and specifications for bidding and construction. Subtask 2.1 — Hydraulic and Water Quality Analysis Using the hydrologic and hydraulic SWMM model reviewed in Task 1, the ENGINEER will complete design level hydraulic and water quality analysis for the updated conceptual design for the downtown area. The analysis will fulfill the grant funding and permitting requirements. It will also provide the necessary hydraulic and water quality analysis needed to support the preliminary and final construction plans. This will include: • The SWMM model will be updated where needed with new topographic survey information collected under Task 1. The updated model will be used to identify the hydraulic conveyance parameters (pipes sizes, slopes, number of inlets, exfiltration trench sizes, etc.) needed to complete the design plans. This will include changes that may be needed to avoid utility conflicts. • The US EPA Spreadsheet Tool for Estimating Pollutant Load (STEPL) will be used to calculate pre and post construction water quality loads. This will include evaluation of proposed best management practices (BMPs) to reduce pollutant loads. The analysis will be completed and documented to be consistent with existing and pending TMDL requirements so that reduction credits can be taken for this work. This will include an analysis of the current pollutant loads and a comparison to the reduced loads based on the reduction of the final design. • The pollutant load reductions will be compared to potential and anticipated new water quality regulations. This includes the draft US EPA Nutrient Loading regulations. It also will consider potential future TMDLs based on information from other TMDL programs that have been established. • A Harvey Harper pond analysis will be completed for the proposed pond. • The existing conditions analysis (no -build analysis) will be completed at the design level for the existing hydrologic, hydraulic, and water quality conditions. • The proposed conditions analysis will be completed at the design level for the existing hydrologic, hydraulic, and water quality conditions. The ENGINEER will summarize the hydraulic and water quality analysis for the downtown project in a technical memorandum. The memorandum will also describe the physical areas that the project generally serves. GIS mapping will be used to define and show the service area, the demographics of the area served, the beneficiaries, and the objectives. The objectives will define the role of the project in achieving stormwater management/flood mitigation, water quality, pollution reduction to the environment. A -s Subtask 2.2 — Preliminary Design and Specifications (30 Percent) Based on the conceptual design and hydraulic and water quality analysis technical memorandum for the downtown area, the ENGINEER will develop preliminary (30 percent) design plans of the proposed improvements for the downtown area. The plans prepared by the ENGINEER will use a half size format (11 -inch by 17 -inch plan sheets). As part of Subtask 2.5, the ENGINEER will provide a preliminary opinion of probable cost of construction for the preliminary design plans. If the opinion of probable costs for all downtown improvements exceeds the COUNTY'S available construction funding from the grant, the preliminary design will be modified to allow for a phased construction. The first phase will be selected to fit within the COUNTY'S available funding. This may involve construction of the main "trunk" system that allows for a later phase to connect adjacent areas. Another option that will be considered is construction in a portion of the downtown project area with a second phase to construct the remaining portion once funding is available. Subtask 2.3 — Construction Plans and Specifications (60 and 100 Percent) The ENGINEER will consider the design elements, standards and criteria that will be used in the development of the design and construction plans for the project. The construction documents will be consistent with the specifications and standards as set forth in the latest edition of the Florida Department of Transportation's (FDOT) "Standard Specifications for Road and Bridge Construction" and the latest edition of the "Design Standards ". Specifications for non -civil elements will include Divisions 2 through 16 as required. The COUNTY will provide the documents for Divisions 0 and 1. Division 0 is the contract with contractor that will be selected. Division 1 is the general and supplemental conditions that refers back to Division 0 and includes defining project roles, insurance requirements, and how payments will be made. Construction plans and specifications shall conform to FDOT design format as applicable. Following submittal of the 30 percent preliminary design plans, the ENGINEER will provide to the COUNTY submittals at the 60 percent design level and 100 percent design level (construction documents). Specifications will be provided for 100 percent submittals. The construction plans prepared by the ENGINEER will use a half size format (11 -inch by 17 -inch plan sheets) for all four phases. One full size (22 -inch by 34 -inch) reproducible will be submitted to the COUNTY as a final construction drawings document. Final construction documents will be provided to the COUNTY in electronic AutoCAD format as well as reproducible. The project is anticipated to include primarily civil design. No structural, mechanical, geotechnical, electrical, architectural, or landscape architectural design support is anticipated for the downtown area improvements. Roadway design will be limited to roadway repair as needed in support of the proposed stormwater improvements. Design of wetland mitigation and /or wetland /tree planting plans is not anticipated for the downtown area improvements. If these designs are required by the permitting authorities, these services will be covered under a separate scope of work. For scoping purposes, the construction plans prepared by the ENGINEER are anticipated to consist of the budgeted plan sheets listed in Table 1. Should the proposed design project as developed in the updated Master Plan consist of significantly more sheets or sheets of significantly greater complexity, the ENGINEER will address this additional effort under a separate scope of services. A -6 M The plan sheets will include the performance of specific work and preparation of details and documents as follows: typical sections, plan and profile of improvements, soil exploration, control structures, utilities adjustments, various details; cross - sections; grading plans, and erosion control among other relevant construction drawing sheets. TABLE 1 Immokalee Basin Downtown Stormwater Improvements Project Budgeted Plan Sheets SHEET DESCRIPTION NUMBER OF SHEETS Cover 1 Key Plan 1 General Notes (Civil, Geotechnical, Utilities, Erosion Control) 1 Existing Conditions Sheets 3 Typical Sections 1 Summary of Pay Items 1 Sequence of Construction 1 Horizontal & Vertical Control 3 Plan and Profile 23 Pond Sheets 2 Cross Sections 2 Minor Utilities Adjustments Sheets 1 Erosion Control / Stormwater Pollution Prevention Plan SWPPP 3 Drainage Details 2 Miscellaneous Details 2 TOTALS 47 As part of the design, the ENGINEER will provide professional engineering services necessary to prepare, submit, and secure permits and submit applications for grant funding. Plans will incorporate utility information provided by the utility owners, and identify and resolve conflicts with stormwater facilities. The budget assumes the information provided by owners will be sufficient to complete the design without concern for potential unknown conflicts that could significantly impact the construction process. If the utility information provided is not sufficient, a separate scope of work would be needed to complete subsurface utility engineering investigations to provide the missing information. The ENGINEER will complete the design to conform with the requirements of grant funding and provide supporting information to the COUNTY as- needed for grant reporting. A -7 Sub -Task 2.4 — Public Meetings The Engineer will prepare for and assist the COUNTY with up to three public meetings (in addition to those completed under Task 1). Sub -Task 2.5 — Engineer's Opinion of the Probable Construction Cost In addition to the opinion of probable cost identified in Sub -Task 1.5 and following the preliminary 30 percent design, the ENGINEER will provide an engineer's opinion of the probable cost of construction for the project at the 60 percent completion milestone and prepare a final opinion of the probable construction cost estimate at the 100 percent completion of the design. The cost will include such items as clearing and grubbing, excavation and earthwork, culvert replacements, control structures, existing roadway reconstruction, excavation, erosion control as published on the summary of pay items structure per FDOT. The cost will not include land acquisition or TCE costs. TASK 3 — Permitting The ENGINEER will provide the necessary coordination with the COUNTY and project team to address permitting requirements of this project. For budgeting purposes, it is anticipated that permits will be required by the SFWMD, US Army Corps of Engineers (USAGE), and FDEP only. FDEP permits needed for utility conflicts will be completed as part of the final design plans. If permits are required by the FDOT, these services will be covered under a separate scope of work. Any construction NPDES permit or dewatering permit will be obtained by the contractor (as required by the construction contract documents). All permit fees will be paid by the COUNTY. As the length of time to obtain permits may be long in relation to the 2 -year schedule required for the grant funding, where possible, permitting tasks will be initiated and applications filed as soon as possible in the project. Sub -Task 3.1 — Meetings with the SFWMD and COUNTY The ENGINEER will meet with representatives of the SFWMD and COUNTY to discuss the objectives of the overall project and to clarify the level of permitting needed for the proposed improvements. For budgeting purposes, a total of three (3) meetings are included in this task. The ENGINEER will prepare a written summary of the meeting notes. The ENGINEER shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The ENGINEER shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. Sub -Task 3.2 — Conceptual ERP Permit (OPTIONAL TASK) It is expected there will be some complex environmental issues in the other four areas outside of the downtown area. Based on a preliminary review of the 2005 conceptual plans for the Lake Trafford area, there may be a better location to avoid some of these issues. In general, these issues would likely require a relatively long time to complete a conceptual environmental resource permit (ERP) for all areas, and may interfere with completing the downtown project area within the grant funding schedule requirements and available project budget. As three of the project areas are hydraulically independent from downtown area and they are not currently funded for completion, it reasonable to expect the SFWMD will not require a conceptual permit for all five areas before issuing a construction permit for the downtown area. Therefore, due to the number of unknown issues, at this time no budget is provided for this optional task. If n -s required, a conceptual permit for the five areas is expected to be a minimum of $50,000, and may be considerably more depending on how some of the environmental issues may be resolved. Therefore, if the SFWMD does require a conceptual ERP be submitted for the five areas proposed in the Immokalee Stormwater Master Plan, the ENGINEER will work closely with the SFWMD and the COUNTY to facilitate the preparation and submittal of the conceptual ERP for this project. This will first include developing a more detailed scope of work for this task along and budget based on an initial meeting with the SFWMD and COUNTY. In general the ENGINEER would prepare an ERP application and coordinate work efforts with the COUNTY. The following elements would be addressed by the ENGINEER in the ERP application: overall conceptual Master Plan, brief report of project; basin delineation; peak flow quantities and analysis (mean annual, 25 -year, and 100 -year 72 -hour storms); stormwater treatment and percent reduction of Nitrogen and Phosphorus pollutant loading for existing conditions and post construction, and wetland/ surface water delineation. For budgeting purposes, the ENGINEER would expect to respond to up to two (2) Requests for Additional Information (RAls) to clarify information presented in the permit application package. As the conceptual permit can likely be applied for based on the 2005 SWMP, this task would be started immediately after the project kickoff and initial meeting with SFWMD. Sub -Task 3.3 — Construction ERP Permit A Construction ERP will be submitted to receive authorization for construction of the downtown stormwater improvements. The ENGINEER will work closely with the SFWMD and the COUNTY to facilitate the preparation and submittal of the construction ERP and individual permit (IP) applications for this project. It is anticipated that an individual ERP will be required from the SFWMD. The ENGINEER will prepare an ERP application and coordinate work efforts with the COUNTY. The following elements will be addressed by the ENGINEER in the ERP application: brief report of project; basin delineation; peak flow quantities and analysis (mean annual, 25 -year, and 100 -year 24- hour storms); construction sequence; proposed construction layout; construction techniques; stormwater treatment and control techniques; wetland/ surface water delineation; and construction plans. For budgeting purposes, the ENGINEER will respond to up to two (2) Requests for Additional Information (RAls) to clarify information presented in the permit application package. Sub -Task 3.4 — US Army Corps of Engineers Permit It is anticipated there will be potential wetland impacts and mitigation required. Therefore, for budgeting purposes, it is anticipated that a US Army Corps of engineers (USAGE) will require separate supplemental permit submittals in addition to the SFWMD ERP construction permit. The ENGINEER shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the ENGINEER will be responsible for coordinating the proposed mitigation plan with the environmental agencies. For budgeting purposes, the ENGINEER will respond to up to two (2) Requests for Additional Information (RAls) to clarify information presented in the permit application package. A -9 s s; �L TASK 4 — Bidding Services The ENGINEER shall assist the COUNTY in preparing bid documents. Construction specifications shall refer to FDOT specifications. The ENGINEER shall only be required to prepare Special Provisions or Technical Specifications for items not covered by FDOT specifications to be incorporated in the COUNTY's front end contract documents. The ENGINEER and sub - consultants will attend the pre -bid conference, and interpret and clarify plans and specifications as necessary at the meetings and during the bidding process. The COUNTY will preside over the pre -bid conference with the potential bidders. A total of three (3) meetings are estimated for budgeting purposes. The ENGINEER will assist the COUNTY and provide clarifications related to the construction plans during the bidding phase of the project. The ENGINEER will prepare up to two (2) addenda to clarify bidders questions during the bidding period. Bid evaluation and recommendation of award will be performed by the COUNTY. Based on any comments and /or revisions made to the design as part of the bidding process and bidder comments, ENGINEER will update the opinion of probable costs for the final construction set of plans and specifications. TASK 5 — Direct Reimbursables Direct expenses, including but not limited to: Copies, Courier Service, Postage and other miscellaneous items agreed to by Project Manager III. Deliverables Services provided will be delivered both hard copy and on a compact disk (CD) containing all electronic files including drawing files, minutes, graphics, correspondence, etc., for this project. Design will be done using Autodesk AutoCAD /Civil 3D, following the NCS "CAD Standards ". Plans will be prepared utilizing current design standards and construction specifications set by the FDOT, to the greatest extent possible. Plans will identify all needed parcels for permanent as well as temporary easements and provide "Sketch and Legals." ENGINEER will provide the following deliverables: • Project schedule, including the following minimum milestones: Surveying, 30% design, 60% design, permitting, ROW acquisition, bid documents (100% design), and construction. • One overall CAD file for each project containing all of the survey points, line work symbols, DTM, and SUE information (where applicable). This file will be an AutoCAD Civil 3D file and will be to current Collier County Transportation Division standards as directed by the County. • A map of existing ROWs and where new acquisitions are needed for each of the five areas based on the updated conceptual plans. • One copy of the final plans signed and sealed by a Florida Professional Engineer. A -10 • Ten copies of the various design stages of each project (30 %, 60 %, and 100 %) for internal review. Additional copies of those plans shall be submitted to the utility owners by the consultant as part of the utility coordination effort. Design and as -built drawings will comply with Transportation Services Division standard specifications. These drawings will be done in AutoCAD Civil 3D and will be to current Collier County Transportation Division standards as directed by the County. IV. Anticipated Additional Services Actual construction is anticipated to begin in 2011. Engineering services will be required during construction. Collier County and the CRA shall have the authority to extend the contract prior to construction commencement to add engineering services during construction. Additional design projects may be added from the list of prioritized projects based upon performance and quality of the initial project assigned to the engineer. Aai N SCHEDULE B BASIS OF COMPENSATION LUMP SUM PLUS REIMBURSABLES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 81.1.1 All monthly status reports and invoices shall be mailed to the attention of Margaret Bishop, Senior Project Manager, 2885 South Horseshoe Drive, Naples, FL 34104 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. TASK LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1. Update and Prioritize Master Plan $151,950.00 Monthly Upon Percent Complete of Task 2. Final Design of Downtown Improvements $155,505.00 Monthly Upon Percent Complete of Task 3. Permitting $ 80,953.00 Monthly Upon Percent Complete of Task 4. Bidding Services $ 11.585.00 Monthly Upon Percent Complete of Task 5. Direct Expenses — Deliverables (Time & Materials) $ 13,953.00 Monthly Not to Exceed I TOTAL FEE (Total Items 1-5 $413,946.00 _ B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Three Hundred Ninety -nine Thousand Nine Hundred Ninety -three Dollars ($399,993.00) to be paid to CONSULTANT for the performance of the Basic Services and Thirteen Thousand Nine Hundred Fifty -three Dollars ($13, 953.00) Time and Materials for direct expenses. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the D-1 16B provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: 8.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 1; -z B.3.4.1.2. Travel 16B I5 expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. 1; -3 M • R SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES "Immokalee Stormwater Master Plan Implementation Master Plan Update" Task 1. Update and Prioritize Master Plan: $151,950 • Review of Background reports and Information • Topographic and Boundary Survey • Geotechnical Exploration and Evaluation • Ecological Assessment • Update Stormwater Master Plan • Stakeholder Meetings • Prioritize Projects ad Develop Implementation Plan Task 2. Final design of Downtown Improvements: $155,505 • Hydraulic and Water Quality Analysis. • Preliminary Design and Specifications (30 %). • Construction Plans and Specifications (60 and 100 %) • Public Meetings • Probable Construction Costs (30, 60, 100% bid update) Task 3. Permitting: _ $80.953 • Meetings with SFWMD and County • Conceptual ERP Permit (Optional Task) • Construction ERP Permit • US Army Corps of Engineers Permit Task 4. Bidding Services: $11,585 • Assist County in Preparing bid documents BA -1 16D 0 Provide clarifications related to the construction plans during the bidding phase Prepare Addenda to clarify bidders questions during the bidding period Task S. Reimbursables - Deliverables: Not to Exceed $13,953 Total for Items 1 through 5 $413,946 The total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. BA -2 s SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE 10 -5402 "Immokalee Stormwater Master Plan Implementation Master Plan Update" Consultant's Emolovee Hourlv Rate Schedule Title Hourly Rate Principal $ 195.00 /hr Principal Associate $ 170.00 /hr Project Quality Manager $ 150.00 /hr Project Manager $ 150.00 /hr Senior Professional $ 150.00 /hr Professional II $ 135.00/hr Engineer II $ 135.00/hr Two Man Survey Crew $ 135.00/hr Tech V $110.00 /hr Tech III $ 95.00 /hr Staff Support Services $ 75.00 /hr END OF SCHEDULE B ralm •! j J SCHEDULE C PROJECT MILESTONE SCHEDULE Work begins upon Notice to proceed Task 1. Update and Prioritize Master Plan: 180 days from notice to proceed Task 2. Final design of Downtown Improvements: 300 days from notice to proceed Task 3. Permitting: 270 days from COUNTY approval of 60% design; 420 days from notice to proceed Task 4. Bidding Services: 90 days from COUNTY approval of 100% design; 420 daV from notice to proceed Task 5. Reim bu rsables - Deliverables: Not to Exceed —As Needed c -i s SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT D-1 169 5 shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) D -2 • A of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $500,000 Each Accident $500,000 Disease Aggregate $500,000 Disease Each Employee The amounts of such (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable i� -3 16B 5 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable x Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $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 $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 D -4 168 5 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (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. Applicable x Not Applicable (7) 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 oS r • r (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less RIT, ila Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate oli • r _ $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. I;JZ71031=10 M U Y i M 4* 1 Celli F-1 1 OR F-1 1414 k VA (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 Da Wr ei r 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. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 /1 ® 4�°RO CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 04/20/2010 ?RODUCER Aon Risk services Northeast, Inc. Boston MA Office One Federal Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Boston MA 02110 USA COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# POLICY EFFECTIVE ATE MM/DDM'Y( 'HO- 866 283 -7122 FAX-(847) 953 -5390 n'e LIMITS • INSURED INSURERA Zurich American Ins Co 16535 INSURER D: American zurich Ins Co 40142 camp Dresser & McKee Inc. ONE CAMBRIDGE PLACE INSURERC: Lloyd's Of London 0005FI 50 HAMPSHIRE STREET CAMBRIDGE MA 021390000 USA $100,000 INSURER D: COMMERCIAL GENERAL LIABILITY INSURER E: r`nvcusrus SIR applies per terms and conaltlons or the policy 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. LIMITS SHOWN ARE AS REQUESTED R LTR LT ADD INS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ATE MM/DDM'Y( POLICY EXPIRATION DATE MM/DDIYYYY) LIMITS • GENERAL LIABILITY GL0837663214 0110112010 01/01/2011 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR PREMISES (Ea occurrence) Any one person PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $1,000,000 POLICY ® LOU JECTT • AUTOMOBILE LLABILITY BAP8376631 -14 0110112010 01/01/2011 COMBINED SINGLE LIMIT X ANYAUTO (En accident) $1,000,000 BODILY INJURY X ALL OWNED AUTOS SCHEDULED AUTOS ( Per person) BODILY INJURY X HIRED AUTOS X NON OWNED AUTOS (Peracciden0 PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHERTHAN EA ACC ANY AUTO AUTO ONLY: ANN EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE ❑ OCCUR ❑ CLAIMS MADE AGGREGATE RDEDUCTIBLE RETENTION B WC X WC STAN- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V / N TORY LIMITS ER LL EACH ACCIDENT $1,000,000 ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatop, In NH) EL. DISEASE- EA EMPLOYEE $1,000,000 EL, DISEASE - POLICY LIMIT $1,000,000 [f,d, describe under SPECIAL PROVISIONS below C OTHER QK1001367 0110112010 Per claim use $1,000,000 Aggregate BSD $1,000,000 Archit &Eng Prof DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS Re: contract #10 -5402 Immokalee Road Stormwater Master Plan update. Collier county Board of county commissioners is added as an additional insured in regards to general liability policy. A waiver of subrogation is granted in favor of Additional Insured with respect to the General Liability, Automobile Liability, workers' compensation and M V nor O O O z V t N U alJ CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE'IHE EXPIRATION commi ssi oners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn: Stephen Y. Carnell 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Purchasing Dept., Building H BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 9 P 9 OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. 3301 Tamiami Trail East ^� Naples FL 34112 USA AUTHORIZED BERETS ENT :\ U VE ACORD 25 (2009101) ©1988 -2009 ACORD CORPORATION. All rights reserved= The ACORD name and logo are registered marks of ACORD 166 5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance 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. ACCORD 25 (2009/01) • r Attachment to ACORD Certlflcate for Camp Dresser & McKee Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Camp Dresser & McKee Inc. ONE CAMBRIDGE PLACE SO HAMPSHIRE STREET CAMBRIDGE MA 021390000 USA ADDITIONAL POLICIES INSURER [ NSURER If a policy below does not incluc certificate form for policy limits. refer to the corresponding policy on INSR LTR ADD -L INSRU TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS /LOCATIONS EHICLESiEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Professional Liability policies where required by written contract. The insurance provided shall be primary and any other insurance maintained by the Additional insured is excess and Non- contributory. The policies contain a Cross Liability and severability of interests clause as respects to General and Auto Liability coverages. There is no exclusion for x,c,u coverage on the General Liability policy. Certificate No: 570038543102 SCHEDULE E 1 6 B 5 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Camp Dresser & McKee Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning 10 -5402 "Immokalee Stormwater Master Plan Update" are accurate, complete and current as of the time of contracting. Camp Dresser��& M�c�KK e Inc. BY: ��l(n✓f 'U/ * TITLE: yltt eS >d DATE: 42 I o F. -1 SCHEDULEF KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS CDM Personnel W. Kirk Martin, P.G. Mike Schmidt, P.E., BCEE Steve Lienhart,P.E. Paul Pinault, P.E. Brian Mack, P.E., D.WRE James Wittig, P.E. Marc Stonehouse P.E. Brad Cook, P.G. Jack Bellanger P.E. Walter "Doug" Wells Ankita Patel Kelly Probst Ashan Nabbie Linda Kraczon Subconsultants Classification (Level) Time Officer (9/10) 1.6% Officer (9/10) 0.3% Officer (9/10) 0.8% Principal / Associate (7/8) 0.9% Principal / Associate (7/8) 0.6% Principal / Associate (7/8) 1.6% Senior Professional (5/6) 29.3% Senior Professional (5/6) 8.5% Senior Professional (5/6) 15.3% Professional 11(3/4) 10.5% Professional II (3/4) 17.5% Professional II (3/4) 7.0% Staff Support Services (1 -10) 3.1% Staff Support Services (1 -10) 3.1% Agnoli, Barber & Brundage Inc. (ABB) Boylan Environmental Consultants, Inc. (BEC) YPC Consulting Group, PL (YPC) F -1 Time on Project 40% 12% 7% •