The URL can be used to link to this page

Backup Documents 03/10/2009 Item #16A10 16AI0 MEMORANDUM DATE: March 23, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #08-5122 "Watershed Model Update and Plan Development" Contractor: Post, Buckley, Schuh & Jernigan, Inc. Enclosed, please find an original, referenced above (Agenda Item #16AI0) approved by the Board of County Commissioners on Tuesday, March 10, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures ITEM NO.: C5i..fi2C- - O1l3~ .\ ' qbt 16 A 1 0' ur\-;:~C..: ,~"\r\~\f'f RECEIVED: COllI,' ....' \.,. 10 (. '-1'\ \). , t.',;J I 0 y,~ '11'01:\ '( ',\ t'e,.:. FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: -+ rf~ f,lS~ ' d^6 :\ 1 ~ ~ \\9' cj 'cf "'~-x} 'b' ("\\0" Y:!" vet ~ 0 Contract: 08-5122 "Watershed Model Update & Plan Development" j- (}-J' Contractor: Post, Buckley, Schuh & Jernigan, Inc. ;)' '--<.J XO Office of the County Attorney Jeff Klatzkow /"--- March 12, 2009 ~Jt Q- To: From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ~ Re: BACKGROUND OF REQUEST: This contract was approved by the BCC on March 10, 2009, Agenda Item 16.A.10 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to 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: Mac Hatcher, CDES ~, 11 An employee-owned company March 17, 2009 Ms. Brenda Brilhati, CPPB Collier County Board ofCounty Commissioners Purchasing Building "G", Collier County Government Complex 3301 Tamiami Trail East Naples, Florida 34112 Re: RFP# 08-5122 Dear Ms. Brilhati: As requested, this letter is to confirm that Elliott L. Grosh is a SVP, National Business Sector Manager ofPBS&J and according to the Decision Matrix established by the Board of Directors of the Company is authorized to enter into this contract on behalf of the Company and bind it to the provisions thereof Should you need additional information, please feel free to contact the undersigned. Sincerely, J- ~ '~rfield General Counsel 5300 W. Cypress St., Suite 300 . Tampa, Florida 33607 . Telephone, 813.282.7275 . Fa" 813.282.3067 . wWIV.pbsj.com 16A10 PBSJ People Search 16~A=l~ Page] of] .J.. V r:\ aAJ . '.r pbSJ people search Employees I Division Mgrs I Group Mgrs I Professional Registrations NOTE: Please report errors as a Help Desk ticket. results for employee/agent search 1 Emnlovee Found Emp Locationl ! Servicel i Sectorl No. Employee/Telephone Job Title Code Code! Code 7589 Grosh, Elliott L. (813) 281-7617 SVP, National Business Sector Manager Tampa, FL 0010 Water Resources Dlvisionj Code Water Resources Administration EM Birthdays/Anniversaries Export to Excel Groupl i , Code Supervisor EMOl National Business Sector Management - Water Resources EMOl Hentz, Jr., Lawrence H. (Larry) Water E WRS II ex~rt to~] http://cp-web.pbsj.com/peop I esearchl em ployee. aspx 3/17/2009 RLS # cq - Ate - vr/39 CHECKLIST FOR REVIEWING CONTRACTS 16AIO Entity Name: fJO.5T. ~t/CF<tf'f) SC'7I"H 0{- 3"tNJII,HIU (fiX'. , Entity name correct on contract? Entity registered with FL Sec. of State? _v.:-:'Ves ...t=-:::.Yes No No 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 $ 2 "^ I '-_ Products/Compl/Op Required $___ Personal & Advert Required $__ Each Occurrence Required $.____ Fire/Prop Damage Required $ Automobile Liability Bodily lnj & Prop Required $ t "^ (L. Workers Compensation Each accident Required $ ~~ Provided $ I MIL Disease Aggregate Required $__ Provided $ _~_- Disease Each Empl Required $__ Provided $~_ Umbrella Liability Each Occurrence Provided $7:.S- M I L:c Exp Date _..1 !-r I ()'i Aggregate Provided $_......1..'.__ Exp Date _ ._ Does Umbrella sufficiently cover any underinsured portion? _j~~Yes Professional Liability Each Occurrence Required $ -----,"-2. lAll- Per Aggregate Required $__. Other Insurance Each Occur Type:___ _.\<:'_ Y es _..~Yes __1/ Yes .........Yes __No No No No Provided $ 2- '^ I h.... Provided $ ----l'_. Provided $ I tA'" L Provided $ ~~_" Provided $ I I Exp. Date 't ( 3c I eel Exp. Date~' Exp. Date _ Exp_ Date Exp. Date Provided $_ 2. M ( .lo:... Exp Date ql Jr J OC{ , I Exp Date q /-.",{ P'7 Exp Date ~_ Exp Date ----L.._ No Provided $ Provided $ Exp_ Date _ Exp. Date Required $ Provided $ Exp Date _._ County required to be named as additional insured'? County named as additional insured? Signatare Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~Yes -- No ~Yes -- No ~Yes No Yes ~No Yes - No Yes ~ No Yes _No Yes /No ~7 \ ___Yes 7No Yes v" No --lL.. Y es _.."".~ No -------- Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? .__Yes ~Yes ..\L'Yes No No No Attachments Are all required attachments included? _~es No '--,.... Reviewer Initials: ~ Dale: 3//t../€!1 04-COA~222 ";"ww.sunbiz.org - Department of State Home Contact Us E-Filing Services Document Searches Help Forms Previous on List Next on List Return To List Events Name History Entity Name Search Detail by Entity Name Florida Profit Corporation POST, BUCKLEY, SCHUH & JERNIGAN, INC. F'iling Information Document Number 233840 FEI Number 590896138 Date Filed 02/29/1960 State FL Status ACTIVE Last Event MERGER Event Date Filed 12/29/2008 Event Effective Date 01/01/2009 Principal Address 5300 WEST CYPRESS STREET SUITE 200 TAMPA FL 33607-1757 US Changed 02/03/2009 Mailing Address 5300 WEST CYPRESS STREET SUITE 200 TAMPA FL 33607-1757 US Changed 02/03/2009 Registered Agent Name & Address BUTTERFIELD. BENJAMIN P 5300 WEST CYPRESS STREET SUITE 200 TAMPA FL 33607-1757 US Name Changed: 11/06/2008 Address Changed: 02/03/2009 Officer/Director Detail Name & Address Title DV ANTHONY, CLARENCE E 2056 VISTA PARKWAY, SUITE 100 WEST PALM BEACH FL 33411 US Title P HOMAN, CHARLES I 410 ROUSER RD., BLDG. 1, 5TH FLOOR CORAOPOLlS PA 15108-2841 US Title V WARD, BERNARD J 2056 VISTA PARKWAY, SUITE 100 WEST PALM BEACH FL 33411 US Title V Page 1 of2 16AIO http://ccfcorp.dos.state,fl, us/scripts/cordet.exe')action~D ETFIL&in'l.. doc _ numbet=233840... 3/16/2009 ~ww.sunbiz.org - Department of State GUPTA. AVINASH 2001 NW 107 AVENUE MIAMI FL 33172-2507 us Title VS BUTTERFIELD. BENJAMIN P 5300 WEST CYPRESS STREET. STE 200 TAMPA FL 33607-1757 US Title VAS GRUBEL. RICHARD M 2001 NW 107 AVENUE MIAMI FL 33172-2507 US ~nnu,!1 Repor1:~ Report Year Filed Date 2008 02/13/2008 2008 12/01/2008 2009 02/03/2009 Document Images 02/03/2009 -, /\NNlJA _ f:';EYOF~ f \2/29/20011 ... t\i1ergGr -'}/01/'2008 ANNU;\; PFF)Of~1 1 1 :06/2008 -~ F\e~l (\Dent Chanut: Og/20/2008 -- ArneiUud 0nd r'::cslated r\nic;,es I 02i 1 3'2008 ANN' !i\! R: POi:;Z-: U 1 C9/2G08 Ai'JN !A' pi POF(' 01/29/2UOI -- ANNUPd F<CF'U'\1 OJi14i2U06 u ANNUl\i RF F'Cli~! 02,'20'/UOG /\NNUl'L f'<:( FOi< 1(li11'2UO!) AN:~<j.L\l_ f-\EF<'F-<' 02i1,L'2GfXi ,'\N\J!JA F<.i:-:eO!-':: i i)1i2()/2CJ04 .. F~NNU/\i_ f-\r:J<>{i 01/15/2CJ03.. ANNU/\:_ REH)>'::': (ii/2/i2C!)2 t\NNUAi_ F~f:_!:;;()RI 03/12/2UOl Ai'~NUN_ RFP()HI 01/20/2000ANNU!\l, F~FF'()F'::'1 ()4i1 :ii19f)~j !-\NNUf\L hEPOFC (j1!14/19m'J i\r1erf.l,;,r U~)j2g/1998 r\1(,r~18r ()'U0!3f19D(j -., ANNUAl Rt.:POR! OZiU-1!19Ul -- ANNUf,L Hf.:J.'Or-{[ {)1fZ)!'19% -- ANNljt\L. Hf:POHl 0',/[(1/1995 ANNUAL F~L:p()F\'r ( I r I View image in PDF format I View image in PDF formal J View image in PDF format J View image in PDF format ] View image in PDF format I View image in PDF format ] View image in PDF format I View image in PDF format I View image in PDF format ] View image in PDF format I View image in PDF format ] View image in PDF format I View image in PDF format I View image in PDF format ] View image in PDF formal I View image in PDF formal I View image in PDF format I View image in PDF format ] View image in PDF format I View image in PDF format I View image in PDF format I View image in PDF formal I View image in PDF format J View image in PDF format J I I I I L I L r I I I I I L I I I r I I Note: This is not official record. See documents if question or ~onfl-i-~t.J -'~-"--'-'---~---'-"-~"'-'-------'-"-'~~'~----'-"..,.....,.-.. ....,-...-- Previous on List Next on List Return To List Events Name History Entity Name Search Page 2 of2 16AIO http://ccfcorp.dos.state.fl.us/scripts/cordet.exe')action=D ETFIL&inq_ doc_ number=233840... 3/16/2009 MEMORANDUM TO: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist /:-fJ.. Purchasing Department ,~ FROM: DATE: March 12, 2009 RE: Review Insurance for Contract: 08-5122 "Watershed Model Update & Plan Development" Contractor: Post, Buckley, Schuh & Jernigan, Inc. 16AIO This Contract was approved by the BCC on March 10, 2009, Agenda Item 16.A.10 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LMW C: Mac Hatcher, CDES OATE RECEIVED MAR 1 3 2009 IUSK MOO fl 16A10 Contract 08-5122 Watershed Model Update & Plan Development PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this Ic;M day of MGLv-c.h . 2009, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Post, Buckley, Schuh & Jernigan, Inc., authorized to do business in the State of Florida, whose business address is 5300 West Cypress Street, Suite 200, Tampa, Florida 33607 -1757 (hereinafter referred to as the "CONSUL TANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Consulting Engineering services of the CONSULTANT concerning Watershed Model Update & Plan Development (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16A10 1.1. CONSULTANT shall provide to OWNER professional Consulting Engineering 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 Moris Cabezas, P.E., a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote 2 whatever time is required to satisfactorily manage the services to be provided and p!gm1d ~ 0 the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The 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 3 16A10 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc) , and adhere to industry standard CAD specifications. 4 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 16AI0 If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 5 16AIO 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 6 16Al0 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; (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; 7 16AIO (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay 8 l6A10 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. 9 ARTICLE FIVE COMPENSATION 16A10 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. 10 ARTICLE SEVEN MAINTENANCE OF RECORDS 16A10 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. II 9.2 All insurance shall be from responsible companies duly authorized to do busin!~n 1he1 0 State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. 12 16410 ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER 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. 13 16AIO Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall 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 14 16A10 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was 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. 15 16A10 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 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. 16 ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 16AIO 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 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. 17 ARTICLE FIFTEEN MODIFICATION 16AI0 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director Fax: 239-252-6584 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: Post, Buckley, Schuh & Jernigan, Inc. 5300 West Cypress Street, Suite 200 Tampa, Florida 33607-1757 Telephone: 813-281-8380 Attention: Moris Cabezas, P.E. Fax: 813-281-0954 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. 18 ARTICLE SEVENTEEN MISCELLANEOUS 16.'.11 1, '~..'.l . ..M :. ',;.i .0...,;; 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable In whole or in part, by CONSULTANT without the prior written consent of OWNER 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement 19 16A10 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS 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 20 16A10 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: "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 21 16AIO Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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. 22 16AI0 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Watershed Model Update & Plan Development the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Da~: .~ ~iil~ . ,.Att.st J{~,.cl\."..... . ttollati.lr,on I . . . ~", .' ' By ifi 'r."' ~..L ~ Donna iala, hairman ApRroved as to form and I al sUfficie( j~ . County Attorney 1")("""7 ~ u"lj t< ~A-e-L Print Name Post. Bucklev. Schuh & Jerniaan. Inc. \ ~~I 6(J-f<]() C",...-.. "- -'"'-. 4t1Jj J fi L I~ By: . (1/if'/01 /./1/ 'j' c- ! Wit ss Yl V \:G /-' {fA \3 0-/')'::) >=- printoare;}.! ~~/' ](~~~ct~11 Witness . R'frr /If 0i) (,II~Vl Print Name Elliott L. Grosh. Sr. Vice President Typed Name and Title Item # f ~A-/{) 3/ 10 /~ Agenda Dale Date ;0; 1,2 Ii'll Roc.d ~"'1 _ aliS:~ Deputy Clerk 23 SCHEDULE A 16AIO Collier County Watershed Model Update and Plan Development Phase 1 Scope of Work Hydrodynamic Model Update, Topographic Data Development and Data Management, and Water Quality/Ecological Assessment INTRODUCTION Following is the proposed scope of work budget and schedule to conduct the modeling and preliminary planning tasks for the County's Watershed Model Update and Plan Development. SCOPE OF WORK The proposed scope of work for this project has been divided in 5 work elements, as follows: 2 Element Description Initial Model Comparison and Estimate of Flow to Estuaries Topographic Data Development and Data Management Development and Calibration of CC EMC Model Water Quality /Ecological Assessment of Lake Trafford and the Gordon River Extension Project Management and Meetings Element 1 3 4 5 Following are descriptions of the tasks included in each work element. Phase 1: Model Update and Storm Analysis Element I-Initial Model Comparison and Estimate of Flow to Estuaries Task 1 - Literature Review related to flows in Collier County. In this task, the PBS&J/DHI team will prepare a summary of literature regarding historical and current flow regimes in Collier County. This wiil include works by the SFWMD, the U.s. Fish and Wildlife Service, FDEP, Collier County, and others. Task 2 - Obtain Model s for Existing Conditions (Year 2000), Natural System (pre-development) Condition, and Future Condition. In this task, the PBS&J/DHI team Will obtain model setup files for MIKE SHE models previously developed for the Big Cypress Basin. For purposes of this task, specific models to be obtained include the Big Cypress Basin Project Implementation Report (BCB PIR) MIKE SHE model, the BCB Natural Systems model (BCB NSM), and the BCB Future Conditions Model (BCB FCM). These models have identical model domains and were run for the same I3-year period using meteorological data from 1988 through 2000. The PBS&J/DHI team will run the simulations to produce results that will be used for comparative purposes, It is assumed that these models and the model results are readily available from the South Florida Water Management District. Task 3 - Develop Comparison Plots. In this task, the PBS&J/DHI team will use the generated results from the BCB PIR, BCB NSM, and BCB FCM models for comparison purposes. This effort will focus on comparing predicted flows to the estuaries and average wet and dry season water levels. 16AIO For purposes of this preliminary evaluation, comparisons will be made for the 13 year simulation period of the PIR and NSM MIKE SHE models developed for the BCB. The following comparison plots will be generated: . Flow to Estuaries. Individual time series of predicted flow will be generated for each of the modeled channels that discharge to the estuaries for the 13 year simulation period. It is recognized that the BCB NSM includes only a few flow ways. . Water Levels. Average wet and dry season water level maps will be generated for each of the models to evaluate hydrologic conditions. . Groundwater levels. Groundwater results can be evaluated in several ways, either as spatially distributed maps, or as profile views, or as time series at specific locations. For this evaluation, results will be generated as spatially distributed maps showing the average annual, average wet season, and averaged dry season groundwater elevation in the surficial aquifer. Comparative maps will be generated by subtracting the PIR results from the NSM results. . Water Budgets. The PBS&J/DHI team will develop water budgets for each basin and for the entire county for the BCB PIR, BCB NSM, and BCB FCM models. The water budget will modei inflows such as rainfall and groundwater, and outflows such as evapotranspiration, runoff, groundwater infiltration, groundwater withdrawals, and groundwater flux to estuary boundaries. After review of the comparative maps, 10 locations will be selected to illustrate effects in areas affected by canal or water withdrawals and individual time series of groundwater elevation results for the surficial aquifer will be extracted from the BCB NSM and BCB PIR models. Plots will be generated that compare the predicted groundwater elevations from each model relative to each other and the ground elevation specified in each model. Task 4 - Prepare Technical Memorandum. The Technical Memorandum will include the following: . Summary discussion of available literature related to flows and average wet season water level assessments of Collier County . Model descriptions and discussion of model . Comparative results for discharge to the estuaries . Comparative results for average wet season water level analysis . Comparative results for groundwater analysis . Water Budget results . Summary of identified differences between the models related to depth of overland flow, aquifer drawdown, and average seasonal water levels. Element 2 - Topographic Data Development and Data Management Task 1 - Digital Terrain Model (DTM) Generation Work will consist of processing area of new liDAR for Collier County (approximately 1250 tiles) for creation of Digital Terrain Model with breaklines based on SWFWMD standards and supported by SFWMD. rhe deliverable will be the processed LiDAR and breaklines in DTM's. 16AIO Task 2 - OEM Generation Work will consist of the following subtasks: a. Creation of 5-foor by 5~foot horizontal grid raster OEMs from the DTMs generated in Task 1 for Quality Control review and for definition of drainage and watershed boundaries. The elevation within each grid cell will be the average of the LiDAR elevations within each cell. The vertical error is expected to be:t 3 inches. The deliverable will be S-foot horizontal raster Digital Elevation Models (OEM) derived from the terrain. b. Creation of a regional raster OEM and two detailed area raster OEM's for MIKE SHE modeling purposes. Task 3 - Subbasin Delineation Work will include re-delineation of subasins for consistency with the OEM. The level of detail will be the same as currently available from the County's subbasin map, but the new subbasin dividers will follow the new DEM topography. Task 4 - Data Management: Work will consist of the following sub-tasks: a. Collaboration with the County and the project team to establish a project geodatabase (ESRI format) that is compatible with SFWMD geodata standards and supports all data required for the modeling. b. Loading, integration and management of GIS model data and time-series (observations and modeled results). c. loading, integration and management of all other project spatial data and supporting tables, including water quality. The deliverable will consist of databases in ESRI geodatabase format. Element 3 - Development and Calibration of CC ECM Model Task 1 - Review current model applicability In order to identify existing model shortcomings with respect to the current objectives, we will first review the existing model. Models are built with different objectives in mind, different calibration criteria, and different data. As such, a review of the basic framework of the existing model will aid us in determining how much work we might anticipate occurring in future tasks; allowing us to maintain schedule and budget. If there are significant issues with respect to the current objectives and the existing model, we will immediately notify the County, as this may bring about changes in scope or schedule. Task 2 - Meteorological data The existing MIKE SHE/MIKE 11 models of the Big Cypress Basin (BCB) use spatially distributed rainfall and reference evapotranspiration (ET) data developed by the South Florida Water Management District (SFWMD). These data have a resolution of 2-miles and contain data through December 2000. For the Collier County model (CCM), the PBS&J/DHI team proposes to replace the rainfall data used in the BCB models by available 1.2-mile resolution NEXRAD radar dataset from the SFWMD for the current decade. This data is available for the period from January 2002 - October 2007. DHI has already obtained this dataset for other projects and has developed a utility to process the data into the grid format required by MIKE SHE. The utility is capable of averaging the raw IS-minute data to any lower frequency time step (hourly, daily) and adapt it to any area covered by the dataset (including Collier County) and any grid size. In 16A10 addition, the utility can add corrections made to specific locations and time periods to the rainfall ffle without having to regenerate the entire data set. The consistency of this data with gage data has been tested by DHI for the Lee County area obtaining comparable monthly volumes. A similar procedure can be followed for Collier County as part of the data processing forthis project. A check of a recent significant storm event will be made by comparing the NEXRAD generated dataset against an observation station. Reference ET data will also be developed in a spatially distributed format. This data is referred to as Satellite Based Estimation of Potential ET and Reference ET. This data is available from the SFWMD for the period 1995 ~October 2007. The PBS&J/DHI team proposes to use this data source to develop distributed ET data for use in the CCM. Task 3 - EeM land Use and Vegetation Data The existing BCB models utilize land use data for the year 2000 acquired from SFWMD and classified per Florida Land Use, Land Cover Classification System (FLUeCS). For this project, the PBS&J/DHI team will obtain the most recent FLUCCS data (year 2004). The PBS&J/DHI team will then review the most recent aerial photography of the County to update the land use map for existing conditions. This data will also aid the estimation of other land use related distributed parameters such as overland roughness coefficients for vegetated and paved areas, drainage parameters, and detention storage. The land use/vegetation map also determines the spatial distribution of vegetation parameters and links specific parameters such as leaf area index, rooting depth and crop coefficients to the model to calculate actual evapotranspiration. For the areas where individual grid cells are believed not to represent adequately land use characteristics, a Paved Runoff Coefficient will be used to better represent hydrologic conditions. The use of the coefficient increases the simulated runoff volume, thus reducing the volume of water available for infiltration and subsequent evapotranspiration. For post-1990 large developments of particular interest to Collier County, the PBS&J/DHI team will apply advanced modeling techniques to address site specific water management criteria defined by SFWMD Environmental Resource Permits. This approach will facilitate efficient model modifications based on specific permitted conditions. Task 4 - ECM Agricultural Irrigation Updates The irrigation component in the CCM MIKE SHE/MIKE 11 model will be modified to reflect changes in water used for irrigation since 2000. Modifications will be made based on the new land use distribution map and aerial photos. The BCB model currently distributes irrigation by applying water to individual grid cells coded for each land use or crop. The distribution rate and method is based on vegetation properties and soil moisture requirements for each type of agriculture in the land use map. The current method relies on generalized parameters and may be improved with actual irrigation rates and volumes if such data is available. We will review and update the permit information for agricultural areas within the model domain with respect to available permit data. This information will be obtained from the SFWMD Permitting Portal database, the United States Army Corps of Engineers (USACE), and Collier County. Task 5 - ECM Ground Water Withdrawal Data Development of an accurate ground-water withdrawal database for the CeM is essential for the success and the efficiency of the ground-water calibration process. The most current and complete ground-water withdrawal information available will be incorporated into the model. 16AI0 Ground-water withdrawal rates for each of the permitted potable water supply utilities will be updated in the most current withdrawal data. If withdrawal rates for other uses are available, it will be added to the model. Withdrawal rates for individual wells will be used where available. For well fields that only report monthly totals, well field withdrawals will be equally distributed to individual wells. In the event that recent data is not available for some wells, it will be assumed that the monthly ground water withdrawal data in the current model database is a reasonable estimate of continued withdrawals. Additionally, residential wells used for potable water supply and domestic irrigation will be reviewed and updated with available withdrawal data. The PBS&J/DHI team will coordinate with Collier County to establish pumping rates, identify source aquifers and estimates of water volumes returned to the ground-water from irrigation and septic system recharge. Task 6 - ECM Topographic Data and Extend Catchment The CCM will use updated topographic data developed from Light Detection and Ranging (L1DAR) surveys provided by Collier County for the proposed extended model domain. It is anticipated that this data will be available in December 2008. Collier County has indicated that the source L1DAR data will be available at a i-Foot resolution. For the topographic model input, the L1DAR data will be processed to a SOO-feet grid using ArcGIS averaging tools and converted to the MIKE SHE grid format. The SOO-feet topography can be used on both, the larger 1500- feet cell model and if necessary, the SOD-feet urban sub-model (for the areas west of Everglades Blvd.) and EcoLab water quality models. The new high resolution topographic data will be used to delineate the sub-catchments for use in the Watershed Management Planning phase of the project as well. For those areas of the model domain dominated by natural channels, the high resolution LIDAR data will facilitate the development and updates of river cross-sections and flood plain delineations in lieu of survey data. Task 7 - ECM Subsurface Model Update The CCM will include an updated and expanded ground-water component. The ground-water modeling will an extensive review and incorporation of available data from the United States Geologic Survey (USGS), SFWMD, USACE, City of Naples, Lee County, and Collier County and other sources of data pertaining to the monitoring and development of ground-water resources in the vicinity of Collier County. Grid files for the existing three layers of the BCB model (water table aquifer, Lower Tamiami aquifer, Sandstone aquifer) will be extended to encompass the proposed CCM model domain. Considerable effort will be made to address the communication between the surface water network, the overland flow plain and the three layers of the ground- water component. The groundwater component of the integrated model may be updated as necessary to include a deep aquifer (Hawthorn) and intermediate confining unit. Task 8 - ECM Definition of Boundary Conditions The existing BCB model relies on well data for the northern portion of the ground-water boundary but a lack of well data in the east and southeast will require a different approach. The Southwest Florida Feasibility Study (SWFFS) regional MIKE SHE/MIKE 11 model may be used to extract time-varying sub-surface boundary conditions that represent an average seasonality. The SWFFS model results are available for the lQ-yr period of 1990-1999. In order to use these results for any time period, DHI has developed a tool that can average distributed time varying MIKE SHE results for any time period and for any frequency. For example, the 10 years of the SWFFS ground-water daily results can be doubled averaged into one year using 5-day period. The one year generated can be repeated for all the years of the simulation period in the CCM. 16A 10 The same procedure can be used for the three computational layers of the ground-water model: the water table, lower Tamiami, and Sandstone aquifers. Along the western boundary, tidal station data will be used to define the boundary conditions. Surface water boundaries will be modified as necessary to accurately represent surface water sources and connections. Task 9 - ECM Definition of Initial Conditions Results from preliminary model runs will be used to establish the initial conditions. The initiai condition will represent an approximate condition of stage and ground-water heads with respect to observed conditions for the starting date of the simulation. In order to reduce any errors associated with assumed initial conditions, a warm up period of at least one full wet season will be added to the beginning of each subsequent simulation. Task 10 - ECM Hydraulic Model Updates The existing BCB network includes many of the natural rivers, primary canals, and numerous structures maintained by the SFWMD. PBS&J/DHI team will update the surface water network to reflect additions of new or redesigned structures and modifications to existing structure geometries and operations based on information from the SFWMD BCB office and 2008 Structure Operations Manual for the Big Cypress Basin. For the calibration effort, structure operations will be updated to be controlled with recorded data from water level gages and historical gate operations. For the final CCM, the structures will updated to be operated through detailed strategies based on the SFWMD published operation rules and management policies. The PBS&J/DHI team will collaborate with SFWMD and the County to update the surface water network to include pertinent features maintained by Collier County that is not currently included as a part of the SFWMD system. The inclusion of County maintained canals and structures will be dependent on criteria established with the County. Engineering drawings and survey data will be used to describe channel cross-sections, structure geometries and operations where such data is available. The additions will be prioritized to add problem areas first such as Gordon River, and Lely District 6. As with the SFWMD structures, the model will be calibrated with operational controls that are primarily based on recorded data; the final model will utilize operational rules established by Collier County water management poliCY. Task 11 - ECM Observation Data To assess performance of the eeM, observation data sets within the ceM model domain will be extended through 2007 using data collected from the USGS, SFWMD, Lee County and Collier County. This will include stage and flow monitoring time series data from within the canal network, ground-water elevation time series data from observation wells, and historic structure operation time series data. The data will processed into the MIKE SHE compatible format and added to a MS Access database file. In addition, available hydro~period data and the County's Flood Complaint Database will be obtained. This information will be used for qualitative comparisons during the model calibration process. 16AIO Task 12 - Model Calibration The CCM will be run for the period from 2003 through October 2007. After performing initial simulations to determine if the CCM is configured correctly and numerically stable, the PBS&J/DHI team, will develop a calibration plan. The calibration plan will establish the targets and goals of the calibration process with respect to the availability and quality of the observation data, and to identify specific tasks that will be completed during the model calibration. After developing an agreed upon list of potential calibration activities and calibration targets, the PBS&J/DHI team will prioritize the calibration activities and reach written agreement with Collier County on those calibration activities that can be completed within the allocated schedule and budget. The calibration effort will be performed in two stages. During the first calibration stage, the PBS&J/DHI team will work to calibrate the model on a county-wide basis. At the end of this effort, results will be compared to the targets and they will be reviewed with the County. During the review process, areas of the model that may need improvement will be identified. If the County determines that additional effort is needed to improve calibration in specific areas of the model, these efforts will be completed during a second calibration stage. Previous calibration of the BCB model compared stage at 47 monitoring stations, typically at head water gages and tail water gages for primary structures. The BCB model also compared discharge at 6 structures. The addition of new structures and new monitoring gages will be evaluated and incorporated into the ceM as agreed upon commencement of the model calibration. likewise, 38 monitoring well locations are identified in the existing Bea model and predominately monitor head in the surficial aquifer. These wells are concentrated in the northern and western portion of the model domain. Some of these wells have been abandoned since 2000 and may not be available for the CeM calibration. SFWMD installed 15 shallow wells in the South Golden Gate Estates area during the past three years that are not included in the existing BCB model. A complete inventory of available wells will be carried out to determine the applicability of each well in the CCM. For complex surface water networks such as in the BCB model, the calibration effort may require the operation of structures to reflect actual, historic records of gate openings and water levels. By linking the structure operations to the historic record, the ability of the model to perform correctly can be verified. This process reduces the uncertainty inherent in applying operational rules which may not always be applied in the actual operation of the structures. The PBS&J/DHI team will implement a combination of operations based on observed conditions and operational rules during the calibration period to establish confidence in the performance of the model. Upon the completion of model calibration, all control structures will use the established rules. This final model will be an existing conditions model used as the baseline for the future conditions scenarios. Task 13 - Development of Storm Event Simulations The SFWMD has developed maps for the entire SFWMD area that distribute the estimated volume of rainfall produced by storms of several frequencies (5, 10, 2S, and 100-year). The SFWMD has also developed the temporal distributions for the 24-hour and 3-day duration storms. DHI will use a tool that generates a spatially distributed, time varying file in the MIKE SHE grid format from the data provided by the SFWMD. 16AIO Besides, the addition of the design rainfall, the development of design storm models typically requires a reduction of model time steps, the generation of hot~start data from longer simulations, and saving of model results at higher frequencies than the longer simulation. MIKE SHE is capable of producing different types of results that facilitate the evaluation ofthe design storms. Some examples of the types of results are: maximum overland water depths maps, maximum water table elevations maps, time series of water levels and flows at locations interest, surface water elevation profiles, and animated videos of the storm for surface and ground-water results. The calibrated CCM model will be applied to evaluate 4 established storm events. These will include the 5 year, 24-hour event; the 10 year, 24-hour event; the 25 year, 72-hour event; and the 100 year, 72-hour event. Initial conditions for these assessments will be the SFWMD antecedent moisture conditions. The results will be processed and reported to the County for evaluation and planning purposes. Task 14 - Levels of Service Analysis and Basin Discharge Rates The results of the design storm event simulations will be used to evaluate the flood protection levels of service (LOS) standards associated with road access and structural flooding. Currently available County LOS criteria will be used if available. Otherwise, LOS criteria that consider types of roads and accessible flooding depths will be developed in coordination with the County. The product of this analysis will be a map and a table showing the modeled LOS conditions. The design storm event simulation results will also be used to assess basin discharges by design storm event. Comparisons will be made among all basins, as well as with the results of the continuous simulation model. During this process, the PBS&J/DHI team will develop a water budget for the revised ESM. Conclusions and recommendations regarding basin discharges will be provided. Task 1S - Task Reporting A comprehensive report that details the model developed during the project will be prepared. The report will include the following items: . Detailed summary of the data sources used to develop the CCM MIKE SHE/MIKE 11 model . A detailed description of the modifications made to develop the (CM. . Discussion of calibration activities and the modified parameters. . Comparison of simulated and observed data for the period from 2002 through 2006 for the CCM. . Design storm simulation results and LOS/basin discharge analysis . Problem summary for flooding, aquifer drawdown, and seasonal water levels, A DRAFT report will be developed and submitted to Collier County in electronic form for their review. Electronic copies of all model input and output files will be prov,ded with the draft report. 16A10 After receipt of comments from Collier County, a response to comments letter will be prepared and submitted to Collier County in electronic form. A final report will be prepared after Collier County approves the response to comment letter. Electronic copies of any model input and/or output flies that changed since submittal of the draft report will be provided. Element 4 - Water Quality /Eeologleal Assessment of lake Trafford and the Gordon River Extension The water quality modeling task will focus initially on lake Trafford and the Gordon River Extension. The purpose of this task is to assess the hydrologic/hydraulic, chemical and ecological conditions in those water bodies prior to development of the water quality model, such that water quality process can be appropriately simulated In ECOLab. In addition, recommended ranges of kinetic water quaiity parameters applicable to Lake Trafford and Gordon River conditions will be defined for input into the water quality models. Lake Trafford and the Gordon River Extension have been declared TMDL impaired for nutrients and dissolved oxygen (DO), respectively. For Lake Trafford, FDEP has produced a linked pollutant loading model- water quality model based on the NUTRX module of the Hydrological Simulation Program-FORTRAN (HSPF) model. While the TMDL report (FDEP 2008) had a fairly good fit between modeled and measured levels of chlorophyll-a, when comparing average values for the time period of 1998 to 2007, modeled chlorophyll-a values in the worst water quality years (I.e., 1998 and 1999) were 40 to 50 ~g/L lower than measured vaiues. These results suggest that the existing model may not adequately reflect "worst case" scenarios. A preliminary examination of water quality data suggests that levels of total nitrogen (TN) in Lake Trafford are sufficiently high to suggest that blue-green algae dominated the lake, at least in the 1990s. If that Is the case, a number of assumptions and algorithms in the NUTRX model may not reflect the unique nutrient physiology of blue-green algae in subtropical waters. As such, proposed influences of internal V5. external loads may not be appropriately accounted for. Similarly, the classification of the Gordon River extension (WBID 3278K) as "impaired" for DO may not fully be an expression of a human-induced condition. While the water body does not meet the DO standard, the link to a human cause is not entirely compelling. The proposed basis for a nutrient-related link between DO and nutrient loads was that an inverse relationship was found between DO and total nitrogen (TN) - implying increased nitrogen loads were depressing levels of DO. However, the highest median TN value in the TMDL report was less than 0.9 mg/L, which itself is significantly less than the median value for Florida streams of 1.2 mg/L. In addition, the event mean concentration (EMe) value of TN for "Forested/Rural Open" land use (Table 4.4 of the Gordon River TMDL report; FDEP 2008) is shown as 1.09 mg/L. Thus, it appears that the highest median TN value from the Gordon River, used to establish TN as the "cause" of low DO values, is less than the concentration of nitrogen thought to be found in runoff from an undeveloped landscape. The PBS&J/DHI Team will complete the following tasks during this assessment: Task 1 - Review of IWR data This task will include: . Review of IWR databases, related to both verified and planning lists and identify suspect data points wherein data entry errors are suspected as a significant issue, and 16AIOI . Identification of potential conditions and/or locations where "impairment" is possibly related to natural conditions of the physical setting of the WBID itself. Task Z . Review and Development of Hydrologic and Hydraulic Parameters FDEP established the TMDL for Lake Trafford based on an HSPF model that simulated eutrophication processes in the water body. However, HSPF is a hydrologic model and generally does not account for storage conditions in the watershed. That may lead to erroneous results when that factor is significant, particularly in areas of extensive wetland systems. Also, the storage factor was not considered in the TMDL development for the Gordon River Extension even though the watershed includes numerous storage facilities associated with golf courses and urban development. The objective of this task will be to identify hydrologic/hydraulic conditions in the Lake Trafford and Gordon River watersheds that must be considered in detail in the development of the MIKE SHE model. Task 3 . Review and Development of Water Quality Parameters For the Lake Trafford TMDL water quality modeling, FDEP assumed values of the numerous water quality kinetic variables associated with Lake Trafford. In addition, assumptions were made regarding the event mean concentrations for land use loads. For this task, the values of those variables and assumptions will be reviewed based on the ecological assessment of the water body and an examination of factors that affect DO, nutrient, and chlorophyll a concentration such as phytoplankton species, tannins, turbidity and others for proper ECOLab modeling. The Gordon River Extension TMDL analysis by FDEP was based on regression analysis. Water quality modeling of the system will require establishing the values of kinetic parametersl land use loads, and watershed treatment. Work on this task will encompass determination of the parameters to be considered for detailed ECOLab water quality modeling. Task 4 - Prepare Technical Memorandum. . The Technical Memorandum will include a summary discussion of the findings for each task as well as recommendations for any subsequent ECOLab modeling. Element 5 - Project Management and Meetings This element will include general project management and coordination activities, as well as development of progress reports and invoicing. Each monthly invoice will be accompanied with a brief progress report indicating our schedule progression and any milestone accomplishments. PBS&J/DHI will participate in one meeting at the County offices and two meetings at the PBS&J offices in Tampa. Phase Z: Watershed Management Plan Development - Details to be developed later PROJECT SCHEDULE AND BUDGET This work associated with the proposed scope will be completed by September 30'",200950 as to allow development of main planning activities to be completed in January 2010. A project schedule by task is attached as Figure 1. It has been assumed that the Notice to Proceed will be received by March 2nd, 2009. The cost estimated to complete the work is $575,736.95. This cost includes a 5% mark-up on subconsultant work. The PBS&J labor rates are shown in the attached Table 1. A detailed hourly cost breakdown is shown in the attached Table 2. SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS 16,~ !({] 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. B 1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Mac Hatcher Environmental Specialist Collier County Government 2800 N. Horseshoe Drive Naples, Florida 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. ITEM LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1 Initial Model Comparison and Estimate of Flow to Estuaries 1.1 Literature Review $5,610.00 Lump Sum on Task Completion 1.2 Obtain Models and Model Results $2,520.00 Lump Sum on Task Completion 1.3 Prepare Comparative Plots $12,004.00 Lump Sum on Task Completion 1.4 Prepare Technical Memorandum $8,212.00 Lump Sum on Task Completion 2 Topographic Data Development and Data Management 2.1 Topographic Data Development 2.1.1 LAS to mass points - 1250 tiles, $6,732.00 Lump Sum on Task Completion approx. 1 billion LiDAR points 2.1.2 Create terrain from LiDAR, Metadata $8,080.00 Lump Sum on Task Completion 2.2 Create Raster DEMs fromTerrain 2.2.1 Define and create raster OEMs for $5,903.00 Lump Sum on Task Completion QAQC and drainaqe features 2.2.2 Define and create raster OEMs for $1,515.00 Lump Sum on Task Completion modeling 2.3 Subbasin Delineation $9,138.00 Lump Sum on Task Completion 2.4 Data Management 2.4.1 Database design $6,215.00 Lump Sum on Task Completion 2.4.2 Load, manaQe, document data for $7,10900 Lump Sum on Task Completion B-1 1"1l1r\ modelinq - -.. ... \,of 2.4.3 Load, manage, document all other $2,296.00 Lump Sum on Task Completion data 3 Development and Calibration of CC EMC Model 3.1 Review current model applicability $6,628.00 Lump Sum on Task Completion 3.2 Meteoroloaical Data (2002-2006) 3.2.1 NEXRAD Precipitation available from district 3.2.1.1 Conversion to MIKE SHE format $3,006.00 Lump Sum on Task Completion 3.2.1.2 QA via station data $524.00 Lump Sum on Task Completion 3.3 Satellite generated RET - likely more extensive than previous estimates 3.3.1 Conversion to MIKE SHE format $3,244.00 Lump Sum on Task Completion 3.3.2 QA via station data $524.00 Lump Sum on Task Completion 3.4 ECM land use and vegetation data 3.4.1 Review spatial extents of existing land $1,418.00 Lump Sum on Task Completion use grid files from previous models and new sources adjust to cover new model domain. 3.4.2 Convert 2004 data from SFWMD, $5,517.00 Lump Sum on Task Completion plus other sources, of shapefile with FLUCCS codes to MIKE SHE land use codes (dfs2). 3.4.3 Update Land Use Map and Generate $4,393.00 Lump Sum on Task Completion the land use related files 3.4.3.1 Generate Mannin~:j's M arid $698.00 Lump Sum on Task Completion 3.4.3.2 Generate detention storage grid $698.00 Lump Sum on Task Completion 3.4.3.3 Generate paved runoff coefficients $480.00 Lump Sum on Task Completion (area) 3.4.3.4 Generate drainaqe depths $698.00 Lump Sum on Task Completion 3.4.3.5 Generate drainaae time constants $754.00 Lump Sum on Task Completion 3.5 Generate veaetation properties $1,234.00 Lump Sum on Task Completion 3.5.1 Update vegetation time series $1,234.00 Lump Sum on Task Completion 3.5.2 Update root depth, leaf area index, $3,126.00 Lump Sum on Task Completion and crop coefficients 3.5.3 Update Evapotranspiration $3,244.00 Lump Sum on Task Completion parameters 3.6 ECM agricultural irriaation updates 3.6.1 Collect and review permit data from $7,478.00 Lump Sum on Task Completion USACE, SFWMD, and Collier County 3.6.2 Generate irrigation command areas $6,360.00 Lump Sum on Task Completion with respect to updated permit data 3.7 ECM around water withdrawal data 3.7.1 Collect and review permit data from $7,330.00 Lump Sum on Task Completion USACE, SFWMD, and Collier County 3.7.2 Generate well database 3.7.2.1 Define public water supply wells - $3,628.00 Lump Sum on Task Completion coordinates, GS elevation, depth, TS H-2 10 3.7.2.2 Define domestic supply wells - no $4,152.00 Lump Sum on Task Completion return to aroundwater 3.7.2.3 Define domestic supply wells - return $4,152.00 Lump Sum on Task Completion to groundwater 3.8 ECM Topographic Data and Extend Catchment 3.8.1 Define catchment and discretization $1,866.00 Lump Sum on Task Completion 3.8.2 Define topographv $524.00 Lump Sum on Task Completion 3.9 ECM Subsurface Model Development 3.9.1 Unsaturated zone 3.9.1.1 Define unsaturated flow parameters $2,078.00 Lump Sum on Task Completion 3.9.1.2 Review and update soil profile $2,078.00 Lump Sum on Task Completion definitions 3.9.2 Saturated zone 3.9.2.1 Evaluate need for additional model $3,962.00 Lump Sum on Task Completion lavers (Hawthorn or deeper) 3.9.2.2 Update hvdrogeologic parameters $5,470.00 Lump Sum on Task Completion 3.9.2.3 Update leakance coefficients $2,862.00 Lump Sum on Task Completion 3.9.2.4 Update drainage codes and $12,780.00 Lump Sum on Task Completion separated flow areas 3.10 Define Boundarv Conditions 3.10.1 Establish groundwater boundary $6,645.00 Lump Sum on Task Completion conditions 3.10.2 Establish surface water boundary $3,865.00 Lump Sum on Task Completion conditions 3.11 Define Initial Conditions 3.11.1 Establish groundwater initial $3,084.00 Lump Sum on Task Completion conditions 3.11.2 Establish surface water initial $1,657.00 Lump Sum on Task Completion conditions 3.12 ECM hvdraulic model updates 3.12.1 Incorporate new SFWMD structures $6,984.00 Lump Sum on Task Completion 3.12.2 Incorporate secondary canals $9,600.00 Lump Sum on Task Completion 3.12.3 Incorporate secondary structures $9,600.00 Lump Sum on Task Completion 3.12.4 Define operational criteria for $12,960.00 Lump Sum on Task Completion structures (rules vs. observed) 3.13 ECM Observation Data 3.13.1 Incorporate additional SFWMD, $11,460.00 Lump Sum on Task Completion USGS, and Collier and Lee County wells. Update all time series for existing model wells. 3.13.2 Incorporate additional SFWMD, $9,600.00 Lump Sum on Task Completion USGS, and Collier and Lee County gages Update all time series for existing model gages. 3.13.3 Develop MS Access Database $4,616.00 Lump Sum on Task Completion 3.14 Model Calibration 3.14.1 Analyze data to define calibration $10,686.00 Lump Sum on Task Completion metrics and approach 16A B-3 16AIO 3.14.2 Stage 1 - Calibrate structures based $25,220.00 Lump Sum on Task Completion on observed operations/observed data 3.14.3 Stage 1 - Calibrate groundwater $29,900.00 Lump Sum on Task Completion portion of the model 3.14.4 Stage 2 - Calibrate structures based $19,200.00 Lump Sum on Task Completion on observed operations/observed data 3.14.5 Stage 2 - Calibrate groundwater $21,440.00 Lump Sum on Task Completion portion of the model 3.15 Develop and Simulate 4 Storm Events 3.15.1 Develop 5, 10, yr events for 24 hrs $5,088.00 Lump Sum on Task Completion and 25, 100 yr events for 72 hrs 3.15.2 Running the 4 storm event $8,056.00 Lump Sum on Task Completion simulations, includinq postprocessinq 3.16 Levels of Service Analysis and $8,708.00 Lump Sum on Task Completion Basin Discharae Rates 3.17 Task Reportina 3.17.1 Phase 1 - Hydrodynamic Model $29,936.00 Lump Sum on Task Completion Development and Calibration DRAFT Report 3.17.2 Phase 1 - Hydrodynamic Model $7,288.00 Lump Sum on Task Completion Development and Calibration FINAL Report 3.17.3 QC of Hydrodynamic Model $9,980.00 Lump Sum on Task Completion 4 WQ I Ecological assessment of lake Trafford and Gordon River Extension 4.1 Review of IWR Data $11,212.00 Lump Sum on Task Completion 4.2 Review and Development of H&H $10,734.00 Lump Sum on Task Completion Parameters 4.3 Review and Development of WQ $25,760.00 Lump Sum on Task Completion Parameters 4.4 Technical Memorandum $8,934.00 Lump Sum on Task Completion 5 Proiect Manaaement and Meetinas 5.1 Kick-off Meetinq $5,190.00 Lump Sum on Task Completion 5.2 General Project Management and $27,144.00 Lump Sum on Task Completion Coordination 5.3 Meetings (1 meeting in Naples, 2 $13,736.00 Lump Sum on Task Completion meetinqs at PBS&J Tampa) 6 Software Cost - MIKE SHE/MIKE $21,505.00 Lump Sum on Task Completion 11/ECOLab 7 Subconsultant - 5% markup on $18,474.95 $369,499 TOTAL FEE $575,736.95 [lA 16A 1:0 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of five hundred seventy-five thousand seven hundred thirty-six dollars and ninety-five cents ($575,736.95) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. 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 ".5 16AI0 maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 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. 8.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 8.3.4.1.3. Permit Fees required by the Project. 8.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.4.1.5 Expense of models for the County's use. 8.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.4.2 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. !l-6 16Alu Attachment 1 PBS&J Hourly labor Rates Collier County Watershed Model Update and Plan Development RFP #08-5122 labor Category Hourlv rate Technical Director $ 200.00 Project Manager $ 185.00 Deputy Project Manager $ 158.00 Sr. Engineer III $ 131.00 Sr. Engineer II $ 109.00 Sr. Engineer I $ 9900 Engineer II $ 86.00 Engineer I $ 72.00 GIS Project Manager $ 142.00 GIS Sr. Professional $ 135.00 GIS Professional II $ 105.00 GIS Professional I $ 79.00 Sr. Planner $ 122.00 Planner II $ 88.00 Planner I $ 79.00 Sr. Environmental Scientist III $ 152.00 Sr. Environmental Scientist II $ 112.00 Environmental ScientisUEcologist $ 89.00 Staff Environmental Scientist $ 69.00 Sr. Hydrogeologist $ 159.00 Hydrogeologist II $ 111.00 Hydrogeoiogist I $ 74.00 CADD Designer $ 56.00 Administrative Assistant $ 62.00 Clerical $ 46.00 Survey Field Crew $ 155.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. '. ~ j. , ; ! j. I ,i 'J' 1"'1 II, '1 , i , , . , I' : . -- 1-- , i -- , I ; i- -- c I.. 'II I I H- -I_i _ _ 1_, - Ii II". -i --' I :-T: i- +! L , ,Llll III' , II ,. , - ~-~'1 ~ 11 J,I i;1 I~. . ., ~ I; I' F.' o. ~ II ; I Ii' j , , ,; ;, I I' I ! 'i I 1 .: !! '" I II, ' I': ,! 'i i 'I , :, 'i, I", "II 1'1 ;; i " I : ~I q 0 I' ; ;; ! 1:;: 1,' 8 ~ I I , 0" li 'I t., :;: I. . <;. 0 i ~'~! '5 ~ ! I ~ li,l: 'IL~ ;1 ~i ~ iHI I.I!I; i~ I ; :n~ i L ~t;;il~j I!I: ,1 t l!~i, ~'I"! 'n ii !'!IPI~I;~I~l~~ 1~~lt.!iL~ ! ~ i II ~ ~I I qql ~ !; I ... il ~'.l1B I'~ F ~ 'Ii Iii LI~" ~"P-r . q'i .,JOt" i i ~. ! ~i i ~11,i';:,,, i '- 'i,l' ! j ,I j;:P !l ,11f!liI.Hli,II'j3i"i . lj Ii'll; "'(H!n ~!nlt~,~!, H i~~,~,i'l~i~PdH:I~ i ~ Iii H1jliJ,~~ ~1;!lPj,HltiilqlH;dlidi!P ~~ ~j~l~ilj !"J, .. """ """''''!,,' ,'.. ,,, ,.,., _., , I,..,. "'.'" .. ..'''! !l;Ilj!!'II,I;lll!ljulll illd;;I;l'IWll;;lii, : Iii; Hll!IIIl;:j:i;;;;lilml;;dlt;lt;I!I' jj ;:;il:,:j: lbl" '.'l! '! H'I "'l".I"";;';;;l!1 "I. ",!,.."..:: ", ..j ,'r'.~-'o',~." IildlHlhu]1.liRlll!I!llIJ'i'!:::::':jj:' '.-l :-:: .. '::.::::,::,~;;;;",;,; ;";,,, '1''I'i'I'" "::".. ... .'.::':, :1:j~e"'::';#'::I;q;l:i. .1.1----...."".",' ., . .'1'11........ __ ,_ Ill' , " _ Ll LL . I I ' ~ , ~: ' , ' ;~I I ~ - , ~ L , , I , i=i , " I , , iF ,II: " , ! Ij, I , ~ ! d ~ 1 Hi! "..f I'j', I. 1'1- .. . , ~" l h~H311P illiJ.W1 r ""i1 " , WI j 1J4 II , . ~ If ~ '. H 1\ , , i. _ i o " "ill'! I I, I ,- - T- -r :' j-- , ,-t Ii.' ; ,I I , t--'-'-I; 11 i! , 1: 1 L I II , _u 'j' ,. '- , , -,--c---:- I: ' Ii '11 ,I :1 ! - !I I' 1.'1'" I I I -l ~ _I -L : , : -'-, I, " i:" I' , I' _I Ii .:1 I ,i;'i i I 1- ~-- , . " ~- --H- , : i , " " --- --1'- , 'I L --+,-+--.+ 1 . I I -' , -: I ' I' 'il r ! --. -'- i I I !~ 'I , I' IIIII1 illli 1III 1'._1 , , : ' . j II , i .. , I I' ! , ,1111 . i , - U II c -I, , i, " , I +-- , I I Crt '1 'I' '-"-+i-: III I i i I .1 : Li- 1--' 16AIO I II' :~ I I' ;':i :1 L I 1- ! j I: i ill !lj , . ii .1 ~ i ~'h ~ Hi r ~: ~i ; ,il, ~,~~ ~4 i - 16AI0 'I -~ I , - 11 I !' , I" W , " , , , ~ I I , I I , ! II ! r , i ! ! I , ! I' ! . . "H , 'I' ii h j i'. , !, I, , l' , II 'I , I II i 1- I J dl! n I ; f rl . I' ,. i .. I 1 ! I~li h Iii' I l!pL. I~.. lilHl !;ll - Lci:L -U j j 16AIO 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 CONSULTANTS 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 Il-l the aggregate limit of any policy to be provided by CONSULTANT hereunder, CO!S~L ~N~ 0 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 16AI0 of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee x $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable D.) (4) Maritime Coverage (Jones Act) shall be maintained where applicable to ttl6 hU I (Q)' completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes _ No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 1)-4 $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and th!P~c~sJIIO be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _x_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _x_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes -- No [l-S 16AIO (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: 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 _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate D-6 (2) Any deductible applicable to any claim shall be the sole responsibi~ ~f 1e1 0 CONSULTANT. Deductible amounts are subject to the approval of the OWNER (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the D-7 professional liability carrier for a reduction in the premium of CONSULTANT'S !o~ss~n! 0 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 1).8 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE 16A10 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Post, Buckley, Schuh & Jernigan, 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 Watershed Model Update & Plan Development are accurate, complete and current as of the time of contracting. Post, Buckley, Schuh & Jernigan, Inc. BY: ~lfrl~~L/f6' TITLE: c5L.;/2b lieu dWf- DATE: >/10 jDC} E-I 16AIO SCHEDULE F PBS&J KEY PERSONNEL, SUBCONSUL TANTS' AND SUBCONTRACTORS Budgeted Percent of Project Staff Category Project Project Hours Hours Moris Cabezas PM 164 3.95 Tim Hazlett (OHI) PM 119 2.87 Marcelo Laao (OHI) Sr. Hvdroneo. 632 15.23 Tom Farkas Sr. Hvdroaeo. 46 1.11 Dave Tomasko Sr. Env. Scientist III 56 1.35 Raloh Montaomerv Sr. Env. Scientist III 50 1.21 Jack Hamoson GIS Proiect Manaaer 25 0.60 Leslie Gowdish GIS Proiect Manaaer 10 0.24 William Walter GIS Sr. Prof. 66 1.59 Peter deGolian Sr. Enn.11I 365 8.80 Preston Mannina IOHI\ Sr. Ena.111 1049 25.28 Allan Willis Sr. Env. Scientist II 102 2.46 Kevin Vouaht <DHI) Sr. Eno.11 806 19.43 Oscar Robavo Sr. Enn.1I 48 1.16 Steve Drake GIS Prof. II 122 2.94 Rvan Kilaren <DH 1\ GIS Prof. II 38 0.92 Kevin Albrecht Sr. Ennineer I 100 2.41 Amv Krebs Env. Scientistl Ecoloaist 40 0.96 Rvan Marron GIS Prof. I 232 5.59 Jana LaFrenier (OHI) GIS Prof. I 40 0.96 Jonathan Gale Ennineer I 14 0.34 Patti Fine Admin. Asst. 25 0.60 Total Project Hours: 4149 * DHI is PBS&J subconsultant for this project. Their personnel utilization is also listed. F-I 16AIO PRODUCER Holmes Murphy and Associates - omaha 1-866-220-4625 DATE (MMIDDlYYl 03/10/09 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 COVERAGE AFFORDED BY THE POLICIES BELOW. ACORQ. CERTIFICATE OF LIABILITY INSURANCE 2637 South 158th Suite 200 Omaha, NE 68130 Plaza INSURERS AFFORDING COVERAGE INSURED Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J 2001 NW l07th Avenue INSl!.~~~A...:Zuric:}1__~eri can _ __!_!J.s_\:lJ:ance C~~P~IlY / #16 5_~_?_ lNS~R~~B: Zuric_h American Insurance C_<:Impany / #16535 INSURER c: Steadfast I'(1s_u:r::ance Comp~~y(#26387 INSURER D INSURER E Miami, FL 33172-2507 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY EFFECTIVE' POLICY EXPIRATION INSR TYPE OF INSURANCE POLICY NUMBER LIMITS A I GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY -- --- CLAIMS MADE X I OCCUR X Ic~~~ract~~~~iabi~i_~y IGLO 9139458-02 09/30/08 09/30/09 EACH OCCURRENCE ,s I, OO~,_~?O i__S 1,OOO,O_0_~._ $ 25,000 S 1,000,000 ,52,000,000 I - ~ : $ 2 '_~_~~_',OOO GEN'L AGGREGATE LIMIT APPLIES PER I POLICY X! PRO. X LOC i FIRE_i:?_~.~AGE (Any onef!!:eL i _F0~D EXP (Any or:f'!E'~!~.,?n) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG B i AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS I SCHEDULED AUTOS X i HIRED AUTOS X NON-OWNED AUTOS X Contractual Liability iBAP 9139457-02 I 09/30/08 09/30/09 COMBINED SINGLE LIMIT (Ea accident) S 2,000,000 i BODILY INJURY (Perpsrson) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) , GARAGE LIABILITY ANY AUTO , AUTO ONLY - Ei"\.~~c::.IQ.~.i'JT S i OTHER THAN ! AUTO ONLY: EA ACC L.$ ~ , i DEDUCTIBLE RETENTION S 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 9139459-02 09/30/08 09/30/09 ?!'__ I~ijilfJNs i EL EACH ACCIDENT E.L, DISEASE - EA EMPLOYEE S 1,000,000 AGG $ S 25,000,000 i S 25,000,000 I --------.- $ , S j'OTH- _.EH. ~ Sl,OOO,OOO C ! EXCESS LIABILITY AUC 508762104 09/30/08 09/30/09 EACH OCCURRENCE AGGREGATE X OCCUR L_ _ i CLAIMS MADE E,L,DISEASE.POLlCYLlMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Contract #08-5122, Watershed Model Update & Plan Development. Collier County is an Additional Insured on the General Liability with respect to the operations of the insured on the above project. See attached for additional wording. ADDITIONAL INSURED; INSURER LETTER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ~X~~MAIL 90 DAYS WRITTEN - Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~KXCS~X 3301 Tamiami Trail East XilroliH~__~~H_~_l<lIilWlK1\l<HKX ~lI~~~~~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Naples, FL 34122 AUTHORIZED REPRESENTATIVE ~~ USA CERTIFICATE HOLDER CANCELLATION ACORD 25-5 (7/97) ganderson 11304629 @ACORD CORPORATION 1988 Certificate Delivery by CertificatesNow - www.ConfirmNet.com-877.669.8600 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) 16AI0 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/10/09 NAME OF INSURED: Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J Additional Insured on the General Liability &: Auto Liability on a Primary &: Non-Contributory basis, including completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project Blanket Additional Insured Lessor/Loss Payee on the Auto Liability. Waiver of Subrogation on the General Liability Auto Liability, and workers Compensation "Where Required by Contract". Umbrella follows form to the Additional Insureds on the General Liability. NOTICB OF CANCELLATION WORDING: SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE. supp (10/00) 16AIO ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOfYYYY) 9/30/2009 3ilO(JOO9 PRODUCER Lockton Companies, [,!L-I Kansas Cily THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 Vi 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA TE DOES NOT AMEND, EXTEND OR Kansas Citv MO 641\2-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (R]6l96()~9000 INSURERS AFFORDING COVERAGE NAIC# INSURED POST, 8lJCKLFY, SCHUll ANDJERNIGAK lNC INSURER A LLOYDS 01' LO~DON A XV lJ07321 DBA PBS&J INSURER B 2()()[ NW \O? AVENUE INSURER C MIAMI FL 33172-2507 INSURER D , INSURER E COVERAGES I'D INSURE-R;S, AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDiTIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR IADD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA liON LIMITS CTR NSR TYPE OF INSURANCE DATE (MM/DD/YV) DATE (MM/DDIYY) ~NERAL LIABILITY EACH OCCURRENCE S XXXXXXX I- pMMERCIAL GENERAL LIABILITY NOT APPLlCAl1LL ~~~~~~J9E~~~~~r~ncel $ XXXXXXX - CLAIMS MADE D OCCUR MEO EXP (Anyone person) $ XXXXXXX - PERSONAL & AOV INJURY S XXXXXXX - GENERAL AGGREGATE $ XXXXXXX ~N'L AGGRErl LIMIT APPLIES PER PRODUCTS. COMP/OP AGG S XXXXXXX PRO- nl POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXX XXX X ANY AUTO NOT APPLICABLE {Eaaccident) - - ALL OIJl.,1\lED AUTOS BODILY INJURY (Per person) $ XXXXXXX - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY (Per accident) S XXXXXXX - NON-OIJl.,1\lED AUTOS - PROPERTY DAMAGE S XXXXXXX Weraccldent) ~RAGE UAB'UTY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLlCAl1Ll: OTHER THAN EAACC , XXXXXXX AUTO ONLY AGG S XXXXXXX t=jCESSJUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX Ii OCCUR U CLAIMS MADE NO,], APPLlCABLE AGGREGATE S XXXXXXX $ XXXXXXX o UMBRELLA R DEDUCTIBLE FORM $ XXXXXXX RETENTION S S XXXXXXX WORKERS COMPENSATION AND TWCSTATU-.I 10TH. NOT APPLICABLE TORY LIMITS ER EMPLOYERS' LIABILITY XXXXXXX ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ XXXXXXX If yes, describe under EL DISEASE - POLICY LIMIT XXXXXXX SPECIAL PROVISIONS below $ A OTHER LDUSAOR00811 9/30/2008 9/30/2009 52.000.000 LACH CLAIM & A Cl,A]MS-MAD).' FORM S2JJOOJlOO AI\Nl:..\I. A(;(;I{EGATI PROFFSS]()\JAL POLl.t:TIOl\ I iillil%I RI'TROOXII' 1.1ABILlTY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RL CONTRACT NO. 08-5122, WATERSHED MODEL UPDATE & PLAN Df:VELOPMEN-I THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING CERTIFICATE HOLDER 10467962 COLLIER COUNTY GOVERNMENT HOARD OF COUNTY COMMISSIO)\;ERS 330] TAMIAMI TRA]L EAST ~APLES FL 34122 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLlGA TION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) Patricia L. Morgan 16 A 10 From: Sent: To: Cc: Subject: Attachments: DeLeon Diana [DianaDeLeon@colliergov.net] Wednesday, April 20, 2011 11: 1 0 AM Patricia L. Morgan Bonnie L. Baer; Tibbetts, Rhonda Name Change Amendment - Contracts 07-3947,08-5122,09-5262, and 10-5206 10-5206 Name Change Amendment. pdt; 07-3947 Name Change Amendment. pdt; 08-5122 Name Change Amendment. pdt; 09-5262 Name Change Amendment. pdt Pat, Attached is an amendment that needs to be attached to four (4) contracts. It changes the name of the consultant from PBS&J to Atkins North America, Inc. Thanks, Diana De Leon Collier County Board of County Commissioners Purchasing Dept. 3327 Tamiami Trail East Naples, FL 34112-4901 (239)252-8375; Fax (239)252-6597 d ia nadeleo n@colliergov.net 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 teleptlone or in writing 16A10~~~ EXHIBIT A Contract Amendment This amendment, dated A~,:, \ ::2t;. 20 II. to the following contracts: 07.3947 "Professional C'I Services for SR84 from Radio Road to CR951", 08-5122 "Watershed ModellJpdatc & Plan I)evelopment", 09-5262 "County Wide Engineering Scrvices'\ and 10-5206 "Professional Services for Design Services for Collier Area Transit (CAT) Transfer Station" shall be by ancl between the parties to the original agreement, Post, Buckley. Schuh & Jernigan (PBS&.l) now known as Atkins N0I1h America, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred ro as "County"). Statement of Understanding The following change to the above referenced contracts has been mutually agreed to by the Consultant and the County: Each and every place where the /Wllles Post. Buckley. Schuh & Jernigan. Inc. or PBS&.I are used is 10 be replaced Iv/th Atkins North America. Inc All other terms and conditions of the agreement shall remain in force IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the dute(s) indicated below. ATTEST: CONS\JLTANT Secretary/Witness Assistant Secretary By: Rene de los Rio~ Dated: April 19,20.11 By: Title: Dated: David J. Carter Seni r Vice President _A.R[il.! 9. 20 II CORPORATE SEAL Approved as to form and Legal sufficiency: OWNER: BOARD OF COUKfY COMMISSIONERS COLLIER COUNTY, FLORIDA C7 iJ ./2// .J L \ ! I .. -I ;f~ ~._._.__..........._--_... At:f:if:latrt COllnty Attorney D,f''' ~ By: . i'&.t~\. ..::)j;iftU!~' Stephen . . Ca{~--"- I Direct r of Purchasing and General Services