Agenda 10/24/2023 Item #16C5 (Task 2 for the Design Services for the Northeast Service Area Wellfield)10/24/2023
EXECUTIVE SUMMARY
Recommendation to authorize staff to increase Board Approved Purchase Order No. 4500207573 issued to
CDM Smith, Inc., in the amount of $2,620,803.60 for Tasks 2 of the "Design Services for the Northeast
Service Area (NESA) Wellfield," Agreement No. 19-7583, which is consistent with the amount previously
approved by the Board for that task under the agreement. (Project No. 70198)
OBJECTIVE: To provide professional engineering services for the updated design of raw water wellfield and
production wells to be drilled for the NESA wellfield project to serve utility system customers with full regulatory
compliance, reliability, and sustainability.
CONSIDERATIONS: On September 22, 2020 (Agenda Item 11.D), the Board awarded Agreement No. 19 -7583
(the “Agreement”) to CDM Smith, Inc., for the "Design Services for the NESA Wellfield," approved the total
agreement amount of $7,114,968, and authorized staff to issue an initial purchase order to complete “Phase 1:
South NESA Wellfield” for the design of up to six NESA South freshwater well sites, and a transmission main to
the NESA site. This wellfield design includes pipelines, electrical service, controls, SCADA, civil engineering site
design, and well head plans.
The Agreement included predetermined not to exceed engineering costs for the subsequent performance of work for
Phase 2: “NESA WTP Perimeter Wellfield” in the amount of $2,620,803, and stated the need to return to the Board
for approval to increase the Purchase Order when the next task was ready to proceed. Phase 2 includes the design
for sixteen well sites, which can include both freshwater and brackish water wells. The scope of work for this phase
includes the design, engineering, surveying, permitting, bidding assistance and onsite professional Geologist
services during well drilling. The design will include the raw water pipelines, wells and ductbanks for power and
communication.
The master planning and design of the proposed NESA facilities has been approved through various Water and
Wastewater Master plans and AUIR updates.
This request does not include the future Phase 3 IRRV (Immokalee Road Rural Village) Wellfield design, which
will require Board approval and a further purchase order modification that will be brought back to th e Board. The
table below shows a summary of the Phase amounts originally approved:
Work Authorization Phase 1 Purchase
Order Issued
Phase 2 Purchased
Order Requested
Future Phase 3
Purchase Order
Phase 1 - South NESA $1,758,435.90
Phase 2 - NESA Perimeter Wellfield $2,620,803.60
Phase 3 - IRRV Wellfield $2,735,728.50
Agreement Total $7,114,968.00
FISCAL IMPACT: Funds in the amount of $2,620,803.60 for Phase 2 are available in the CWS Bond Proceed
Fund (4019) within the NE Utility Facilities Project (70194). This authorization is based on a time and materials
not to exceed fee.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
RECOMMENDATION: Recommendation to authorize staff to increase Board Approved Purchase Order No.
4500207573 issued to CDM Smith, Inc., in the amount of $2,620,803.60 for Tasks 2 of the "Design Services for the
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10/24/2023
NESA Wellfield," Agreement No. 19-7583, which is consistent with the amount previously approved by the Board
for that task under the agreement. (Project No. 70198)
Prepared By: Craig Pajer, Director, Subregional Utilities Division
ATTACHMENT(S)
1. 19-7583 CDMSmith_Contract. (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doc ID: 26784
Item Summary: Recommendation to authorize staff to increase Board Approved Purchase Order No. 4500207573
issued to CDM Smith, Inc., in the amount of $2,620,803.60 for Tasks 2 of the "Design Services for the NESA
Wellfield," Agreement No. 19-7583, which is consistent with the amount previously approved by the Board for that
task under the agreement. (Project No. 70198)
Meeting Date: 10/24/2023
Prepared by:
Title: Subregional Utilities Director – Engineering and Project Management
Name: Craig Pajer
09/28/2023 11:27 AM
Submitted by:
Title: Subregional Utilities Director – Engineering and Project Management
Name: Craig Pajer
09/28/2023 11:27 AM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/02/2023 7:31 AM
Water Howard Brogdon Additional Reviewer Completed 10/05/2023 8:35 AM
Engineering and Project Management Alicia Abbott Additional Reviewer Completed 10/05/2023 1:34 PM
Engineering and Project Management Matthew McLean Additional Reviewer Completed 10/05/2023 3:08 PM
Public Utilities Department Mary Linhard Level 1 Division Reviewer Completed 10/05/2023 3:35 PM
Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 10/06/2023 7:07 AM
Engineering and Project Management Benjamin Bullert Additional Reviewer Completed 10/06/2023 7:19 AM
Procurement Services Sandra Herrera Procurement Director Review Completed 10/06/2023 7:22 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/10/2023 12:21 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/11/2023 10:44 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/11/2023 10:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2023 11:26 AM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
10/12/2023 5:49 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 10/16/2023 10:43 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/16/2023 3:51 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM
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PROFESSIONAL SERVICES AGREEMENT
Contract # 19-7583
for
Design Services for the NESA Wellfield
THIS AGREEMENT is made and entered into this(0day of 20 20 by
and between the Board of CountyCommissioners for Collier County, Florida, a politicalY
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
CDM Smith Inc. authorized
to do business in the State of Florida, whose business address is
75 State Street, #701, Boston, MA 02109 hereinafter
referred to as the "CONSULTANT" and/or "CONTRACTOR").
WITNESSETH:
WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT
concerning Design Services for the NESA Wellfield
hereinafter referred to as the "Project"), said services in accordance with the provisions of Section
287.055, Florida Statutes 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
1. 1. CONSULTANT shall provide to COUNTY professional 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 COUNTY 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,
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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 the COUNTY.
1.5. CONSULTANT designates Jason A. Sciandra, PE 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 whatever
time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from
the Project without the COUNTY's prior written approval, and if so removed must be immediately
replaced with a person acceptable to the COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the COUNTY 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 the COUNTY.
1.7. The CONSULTANT represents to the COUNTY 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 COUNTY's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
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Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor 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.
1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the
COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY
regarding resolution of each such conflict. The COUNTYS 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.
1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to CONSULTANT's performance
of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the CONSULANT 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
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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.
1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without the COUNTY'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 the COUNTY prompt
written notice of any such subpoenas.
1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-
Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have
common naming conventions (i.e. right-of-way- ROW, centerlines- CL, edge-of-pavement- EOP,
etc.), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by the COUNTY through a Change Order or Amendment 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 Change Order or 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 the COUNTY's Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
the COUNTY 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 a Change Order or an
Amendment to this Agreement prior to starting such services. The COUNTY 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 the COUNTY 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 the COUNTY 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:
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2.2. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2. 3. 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, the COUNTY's
schedule or character of construction; and revising studies, reports, design documents or Contract
Documents previously accepted by the COUNTY 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.
2.4. Providing renderings or models for the COUNTY's use.
2.5. 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 the
COUNTY in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by the COUNTY, other than visits to the Project site or the COUNTY's office.
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance
in consultations which are included as part of the Basic Services to be provided herein).
2.10. 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
THE COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY'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 the COUNTY'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:
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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 COUNTY 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 the COUNTY 's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
c. Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the COUNTY'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
COUNTY 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 the COUNTY 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 COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be deemed
to have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which the
COUNTY 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 the COUNTY.
CONSULTANT's sole remedy against the COUNTY 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
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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 COUNTY hereunder, the COUNTY 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 COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on
schedule.
4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT
be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY 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. The Project Manager,
or designee, reserves the right to utilize any of the following Price Methodologies:
transferred from the COUNTY-to the CONSULTANT; and, as a business-practice there are no
Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor
time spent by the CONSULTANT 's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of materials
plus the contractor's mark-up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts include
back-up documentation of costs; invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above. n
ageRey-
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ARTICLE SIX
THE OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY,
CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents,
drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ("Project Documents"). The COUNTY 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 the COUNTY
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 the
COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this
Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this
license to the COUNTY. Further, CONSULTANT consents to the COUNTY'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 the COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by the COUNTY.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement
or (b) the date the Project is completed, whichever is later, or such later date as may be required
by law. The COUNTY, or any duly authorized agents or representatives of the COUNTY, 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 the COUNTY, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
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8.2. To the extent that the Agreement that the work pertains to a "Professional Services
Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design
Professional" as defined in Section 725.08(4), Florida Statutes, the indemnification provided
herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
9. 2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet
the requirements of this Agreement shall name Collier County Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier
County Government, 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
the COUNTY for payment of premiums or assessments for any deductibles which all are
at the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY 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 the COUNTY applicable to this Project.
9. 3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, 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.
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9. 5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff,
unless otherwise authorized in writing by the COUNTY. 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 COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY 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 COUNTY 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. All personnel, identified in
Schedule F shall not be removed or replaced without the COUNTY'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 COUNTY. Each subconsultant or subcontract agreement
shall preserve and protect the rights of the COUNTY under this Agreement with respect to the
Services to be performed by the subconsultant or subcontractor so that the sub consulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall
require each subconsultant or subcontractor to enter into similar agreements with its sub-
subconsultants or sub-subcontractors.
10.4. CONSULTANT acknowledges and agrees that the COUNTY 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 the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at the COUNTY's discretion, they are assignable to the COUNTY 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 the COUNTY 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 the COUNTY shall be deemed to be a waiver of any of the COUNTY's rights against
CONSULTANT.
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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 the COUNTY 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 the COUNTY, or (c) the bankruptcy or insolvency or a general assignment for
the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or
directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes
of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this
Agreement, or (f) for any other just cause. The COUNTY 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 the COUNTY 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 the COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. The COUNTY 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 the COUNTY 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 the
COUNTY, 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 the COUNTY, the CONSULTANT shall deliver to the
COUNTY all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Article 6, that are in
CONSULTANT's possession or under its control.
12.5. The COUNTY 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) the COUNTY 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) the COUNTY otherwise persistently fails to fulfill some material
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obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY
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 THE COUNTY 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 the COUNTY of
CONSULTANT's intent to terminate this Agreement. If the COUNTY 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 COUNTY, terminate the Agreement and
recover from the COUNTY 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 the COUNTY.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
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 COUNTY determines the Agreement price was increased due to
inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such
adjustments shall be made within one (1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
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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 COUNTY shall be in writing and shall be delivered by hand, email, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
the COUNTY's address of record:
Board of County Commissioners for Collier County, Florida
Division Name: Public Utilities Engineering & Project Management
Division Director: Tom Chmelik
Address: 3339 Tamiami Trail East, Suite 303
Naples, FL 34112
Administrative Agent/PM: Alicia Abbott, Project Manager
Telephone:239) 252-5344
E-Mail(s): Alicia.AbbottAcolliercountyfl.gov
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to
the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT's address of record:
Company Name:CDM Smith Inc.
Address: 4210 Metro Parkway, Suite 230
Fort Myers, FL 33916
Attention Name & Title: Jason A. Sciandra, PE
Telephone:239) 938-9600 / (239) 339-64189
E-Mail(s): sciandraja@cdmsmith.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the
COUNTY and assume towards the COUNTY a duty of the highest trust, confidence, and fair
dealing.
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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 the COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL
Schedule G Other: N/A
Solicitation # 19-7583 including all Attachment(s), Exhibit(s) &Addendum
Consultant's Proposal
17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any
conflict between or among the terms of any of the Contract Documents and/or the COUNTY's
Board approved Executive Summary, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the CONSULTANT at the COUNTY's discretion.
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ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT,
any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT
shall sign and deliver to the COUNTY 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 the COUNTY 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 the COUNTY 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 the COUNTY's staff person who would make the
presentation of any settlement reached during negotiations to the COUNTY for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
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arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
the COUNTY's staff person who would make the presentation of any settlement reached at
mediation to the COUNTY'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 TWENTY-ONE
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA
Crystal K. Kinzei, Clerk of Courts &
Comptroller
By: By:
Burt L. Saunders
Date: Chairman
Attest as o Chairman's
signature only.
A ed as to orm nd Legality:
County Attorney
Name
Consultant:
CDM Smith Inc,
Consultant's Witnesses:
171--- By:
Witness
rsaaz. iblowebi e tr— 0,,3 Ohl‘,Sscl(4 E frit\c'e4
Name and Title J Name and Title
WUttlIrt ( OACC'e
Witness
r,19,Lies-y R E/ riv;i/Jeer
Name and Title
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SCHEDULE A
SCOPE OF SERVICES
n following this page (pages
1
through
1$ )
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RPS# 19-7583
SCHEDULE A—SCOPE OF SERVICES
DESIGN SERVICES FOR THE NESA WELLFIELD
PROJECT BACKGROUND
The OWNER would like the CONSULTANT to perform the planning,design, permitting, bidding, and
construction contract administration for the development of potable and irrigation quality water
supplies to meet the needs of the planned development in the NESA(the PROJECT).
The NESA Wellfield will have three primary areas:the NESA South Wellfield,the NESA Perimeter
Wellfield, and the Immokalee Road Rural Village (IRRV) Wellfield (located between the NESA site and
Immokalee Road).The attached Exhibit 1 shows the Project area.The improvements include
approximately 49,100 linear feet of raw water pipeline and 33 water supply wells.The work will
include a preliminary engineering task to evaluate wellfield corridors and potential wellfield
alignments in each of the three wellfield areas as well as the potential disposition of other well sites
owned by the OWNER in the northeast portion of the County.
The OWNER wishes to conduct a preliminary engineering effort in the NESA service area to identify,
quantify, and utilize freshwater supplies for the long-term benefit system.
In parallel to the preliminary engineering task,the CONSULTANT will prepare and pursue the water
use permit allocation from the South Florida Water Management District (SFWMD) necessary for the
initial (5-year) and future(20-yr) NESA wellfield area.The CONSULTANT will also prepare the design
for the South NESA wellfield at the same time as preliminary engineering and permitting. Subsequent
to the development of the South NESA Wellfield,the CONSULTANT will prepare the design for the
NESA Perimeter Wellfield then the Immokalee Road Rural Village Wellfield.
The work for this authorization has been separated into 9 tasks.Task 1 is for project management
throughout the project.Task 2 is for development of preliminary engineering for the wellfield.Task 3
includes hydraulic modeling of the transmissions system.Task 4 is for the design of each of the
wellsite facilities.Task 4 was further divided into 3 distinct areas in the wellfield such that the OWNER
can stage the development of the wells to match the raw water demands.Task 5 is for bidding
services for each bid package.Task 6 is for construction phase services for each of the bid packages
including resident project representative services.Task 7 is for additional services to support the
OWNER at the OWNER's request through the project.Task 8 provides permitting services for each
wellfield areas as well as the overall water use permit.Task 9 includes survey and geotechnical
engineering.
SCOPE OF WORK
The following is a description of the services to be provided under this Task Authorization:
TASK 1- PROJECT MANAGEMENT
Project management includes activities related to initiating, planning, executing, controlling,and
closing the project. Under this Task,the CONSULTANT will be responsible for overall coordination and
oversight of the project execution.The Project Manager will be the primary point of contact with the
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OWNER and will lead the Consultant Team during the project execution focusing on quality
completion of the project tasks on schedule and budget.
CONSULTANT understands that the Total Project Duration will be approximately 84 months from start
of project.
Subtask 1.1- Project Management
The CONSULTANT will perform overall project management and coordination tasks such as project
planning, project controls, subconsultant management, invoicing and reporting, and oversight of
quality assurance/quality control activities. During this task,the CONSULTANT will perform the
following activities or milestones.
Subtask 1.1.1-Project/Quality Execution Plan
The CONSULTANT will prepare a Project Execution Plan that describes the CONSULTANT's approach
to achieving compliance with the CONSULTANT'S controls, reporting, risk management, health and
safety, document management and quality assurance/quality control requirements.This document
will be prepared during the first month of the project.
Subtask 1.1.2-Baseline Schedule
The CONSULTANT will develop a baseline progress schedule that will indicate key project activities,
including field investigations, design phases,and permitting phase durations for the overall project.
The Baseline Schedule will contain the notice to proceed date, milestone dates, quality management
activities,the project completion date and the sequence and interdependence of summary level
activities showing starting and completion calendar dates for activities and activity duration in
number of calendar days required to finish the project on schedule.
After acceptance of the CONSULTANT's baseline schedule by the OWNER,the CONSULTANT will revise
and update the progress schedule after each major milestone,depicting scheduled progress of key
activities on a percent complete basis, progress to milestones and through completion.
Subtask 1.1.3-Subconsultant Coordination and Administration
The CONSULTANT will manage each of the subconsultants and coordinate the actions required to
implement the Design.
Subtask 1. 1.4-Monthly Reporting and Invoicing
The CONSULTANT will prepare monthly progress reports in support of invoices to describe the work
performed during the previous reporting period.The format and content of the invoice will be in
accordance with direction to be provided by OWNER. Monthly reporting and invoicing will include:
Monthly written status report
Monthly invoices using estimated percent complete
Deliverables(issued via electronic delivery in pdf format):
Baseline Schedule
Monthly invoices with monthly progress status report
Periodic updates to progress schedule
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Subtask 1. 2- Project Meetings
The CONSULTANT will attend the following meetings during the project.
Subtask 1.2.1 -Initiation/Kickoff Meeting
The goal of the meeting is to confirm OWNER's goals and objectives, identify roles, responsibilities,
and communication protocols for project team members. Discuss the scope of work and data needs,
CONSULTANT's overall Project Execution Plan, deliverables,schedule, and critical milestones.
CONSULTANT assumes that Project Manager, Project Technical Lead, and key Design Team members
including subs)will attend this meeting.
Subtask 1.2.2-Project Quality Meeting
CONSULTANT's Quality Management System requires that the team (with OWNER) have a Project
Quality Meeting focused on alignment, quality aspects, critical success factors and action plans to
achieve OWNER's goals and objectives. CONSULTANT assumes that Project Manager, Project
Technical Lead,and Design Team members (including subs)will attend this meeting.This meeting may
occur on the same day as the Initiation/Kickoff Meeting.
Subtask 1.2.3-Monthly Progress Meetings
CONSULTANT's (Project Manager or Project Technical Lead)will attend Monthly Progress Meetings
with the OWNER to discuss project progress, project issues and coordination (up to the Permit Set
Submittal). Other key team members may attend from time to time by phone or in person. Prior to
each Monthly Progress Meeting,the CONSULTANT will provide the OWNER's project manager with a
list of topics or issues for discussion or resolution for inclusion in the meeting agenda. Minutes will be
distributed one(1)week after the meeting date.The CONSULTANT has budgeted for 40 monthly
progress meetings.
Subtask 1.2.4-Coordination(Review)Meetings with other Consultants
The CONSULTANT(Project Manager, or Project Technical Lead,and up to two team members)will
attend coordination meetings with up to one other Consultant for coordination requirements
between the OWNER and; other state and local regulatory agencies; Consultant of NESA WTP;
Consultant for the Big Corkscrew Island Regional Park; and Consultants for developments within
project area. CONSULTANT has budgeted for up to ten (10) coordination meetings with other
Consultants.
Subtask 1.2.5-Discipline Project Meetings
CONSULTANT understands that the project will require additional meetings with the OWNER (i.e.,
meetings for specific project issues or site visits). CONSULTANT assumes up to ten (10) meetings.
Subtask 1.2.6-Construction Progress Meetings
CONSULTANT's(Project Manager or Project Technical Lead)will attend Bi-Weekly Progress Meetings
with the OWNER to discuss project progress during construction phase services, project issues and
coordination. Other key team members may attend from time to time by phone or in person. Prior to
each Progress Meeting,the CONSULTANT will provide the OWNER's project manager with a list of
topics or issues for discussion or resolution for inclusion in the meeting agenda. Minutes will be
distributed one (1)week after the meeting date.The CONSULTANT has budgeted for 66 bi-weekly
progress meetings.
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Deliverables(issued via electronic delivery in pdf format):
Meeting agenda for each meeting(Initiation, Monthly, and Coordination)
Meeting summary
TASK 2- NESA WELLFIELD PRELIMINARY ENGINEERING
The CONSULTANT will develop a preliminary engineering technical memorandum to evaluate the
available water supply within the NESA Service Area, identify strategic locations for Tamiami Wells
and brackish water supply wells within the NESA Service Area and develop pipeline corridors for
conveying raw water from the proposed well sites to the NESA site.The preliminary engineering effort
will evaluate the existing test wells for repurposing as interim potable raw water wells, irrigation
quality(IQ)wells and monitoring wells.The CONSULTANT will review available reports and studies.
The CONSULTANT will design and oversee an aquifer test program that will include installation of up
to 5 Lower Tamiami Aquifer(LTA) monitor/test wells and 1 LTA production well, 1 Aquifer
Performance Test(APT), and associated hydrogeological data analysis. The Consultant will prepare
specification to construct the Lower Tamiami Aquifer test wells. The OWNER will utilize the
specifications to contract with a Contractor to construct the test wells. The CONSULTANT will
oversee the construction and testing of the wells and provide analysis of testing results.
Work on the Technical Memorandum will include coordination with Collier County Pollution Control
for potential environmental hazards,evaluation of well sites in future rural village, and an updated
map showing locations of the wells.
Deliverables(issued via electronic delivery in pdf format):
NESA Wellfield Preliminary Engineering Technical Memorandum (Draft)
Signed and Sealed NESA Wellfield Preliminary Engineering Technical Memorandum
TASK 3- HYDRAULIC MODELING
CONSULTANT has allocated 200 labor hours to update the computerized hydraulic model of the well
piping and raw water transmission throughout this Task Authorization.This subtask is intended for
updates to the model developed in the preliminary engineering task.This is intended to be used if
alignments, diameters, and distance of pipelines change through the Project.Additionally,this subtask
will be utilized if the individual wells produce different flow rate than originally planned. Included with
each model update is a brief technical memorandum TM to document review changes to the model
and results.
Deliverables(issued via electronic delivery in .pdf format):
Hydraulic Model Technical Memorandum
TASK 4-WELLFIELD DESIGN SERVICES
Subtask 4.1-South NESA Wellfield
Subtask 4.1.1 - Design
The CONSULTANT will prepare for incorporation in the Contract Documents, Drawings showing the
scope, extent and character of the work to be performed and furnished by Contractor and Technical
Specifications (which will be prepared,where appropriate, in general conformance with the fifty-
division format of the Construction Specifications Institute).The design will include the six NESA South
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freshwater well sites identified in the NESA Wellfield Conceptual (10%) Design Study.Well design will
include pipelines,electrical,controls,SCADA,civil site,and well head plans.The CONSULTANT will
provide the OWNER with raw water transmission size as well as size and number of conduits for
power distribution to be designed by another engineering firm.The Drawings and Specifications will
be prepared in five phases:
Conceptual Design (10%)—CONSULTANT will prepare a conceptual design technical
memorandum which will:
Collect and review existing information
Identify and evaluate key alternatives to be analyzed
Define basic design criteria
Confirm code, regulation and standards requirements
Prepare process and instrumentation diagrams (P&IDs)
Prepare power supply plan to site
Complete process and hydraulic modeling and system sizing
Prepare initial equipment data sheets
Define civil,site and environmental conditions and constraints
Prepare conceptual site facility layout
Prepare conceptual level opinion of probable construction cost(OPCC)
Preliminary Design (30%)—CONSULTANT will:
Evaluate geotechnical, survey and environmental findings
Finalize design criteria requirements
Develop preliminary specification table of contents
Prepare specifications for pre-purchase items(if appropriate)
Develop 30%overall complete design Drawings
Prepare an updated opinion of probable construction cost
Design Development (60%)— CONSULTANT will:
Respond to comments on the Preliminary Design
Finalize form of bid
Update specification table of contents
Develop 60%specifications
Develop 60%complete design Drawings
Prepare an updated opinion of probable construction cost
Pre-Final Design (90%)—CONSULTANT will prepare 90%complete design Drawings and
Specifications.Table 1 below summarizes the anticipated number of design drawings for each
discipline.These documents will be signed and sealed for permitting purposes.
Final Design (100%)—CONSULTANT will revise the 90%design Drawings and Specifications based
on comments received from the OWNER and the permitting agencies.The final design
documents will be transmitted electronically(in PDF format)to the OWNER for bidding of the
project.
A preliminary sheet count is provided in Table 1.
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TABLE 1 Preliminary Count of Drawings to be Developed
Preliminary List of Drawings No.
Cover and General 3
Civil:Plan,Profile and Details 8
Architectural 6
Structural:Plan,Sections and Details 8
Mechanical:Plan,Sections and Details 8
Plumbing&HVAC 8
Electrical 10
Instrumentation 6
Total Estimated South NESA Wellfield Drawings(incl 10%cont.)57+6=63
Subtask 4.1.2- Opinion of Probable Construction Cost(OPCC)
The CONSULTANT will prepare an opinion of probable construction cost at the 10, 60 and 100 percent
design phases.
Subtask 4.2- NESA Perimeter Wellfield
Subtask 4.2.1 Design
The CONSULTANT will prepare for incorporation in the Contract Documents, Drawings showing the
scope, extent and character of the work to be performed and furnished by Contractor and Technical
Specifications (which will be prepared,where appropriate, in general conformance with the fifty-
division format of the Construction Specifications Institute).The design will include sixteen well sites
as labeled well site#1 through well site#16 in the December 2009 Northeast Regional Water
Treatment Plant Wellfield Infrastructure Development plans (NERW 2009 Plans) by CDM Smith.The
design will include the raw water transmission main connecting each of the proposed freshwater wells
Well#1 through Well#16) around the proposed NESA site.The plans will include design for the
approximately 23,300-foot-long raw water pipe and conduit for communication as well as conduit for
power distribution to the well facilities.The design is intended to connect to the existing transmission
pipeline constructed at the Big Corkscrew Island Regional Park.The Drawings and Specifications will
be prepared in five phases as outlined in Subtask 4.1.1.
A preliminary sheet count is provided in Table 2.
TABLE 2 Preliminary Count of Drawings to be Developed
Preliminary List of Drawings No.
Cover and General 3
Civil:Plan,Profile and Details 53
Architectural 6
Structural:Plan,Sections and Details 8
Mechanical:Plan,Sections and Details 8
Plumbing&HVAC 8
Electrical 16
Instrumentation 6
Total Estimated NESA Perimeter Wellfield Drawings 102+10=112
incl 10%contingency)
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Subtask 4.2.2- Opinion of Probable Construction Cost
The CONSULTANT will prepare an opinion of probable construction cost as outlined in subtask 4.1.2.
Subtask 4.3- Immokalee Road Rural Village(IRRV)Wellfield
Subtask 4.3.1 - Design
The CONSULTANT will prepare for incorporation in the Contract Documents, Drawings showing the
scope, extent and character of the work to be performed and furnished by Contractor and Technical
Specifications (which will be prepared,where appropriate, in general conformance with the fifty-
division format of the Construction Specifications Institute).The design will include eleven proposed
wells, and the transmission main from the NESA Perimeter pipeline to the Rural Land Trust and the
transmission main to eleven proposed wells.The plans will include design for the approximately
21,100-foot-long raw water pipe and conduit for communication.The Drawings and Specifications will
be prepared in five phases as outlined in subtask 4.1.1.
A preliminary sheet count is provided in Table 3.
TABLE 3 Preliminary Count of Drawings to be Developed
Preliminary List of Drawings No.
Cover and General 3
Civil:Plan,Profile and Details 38
Architectural 6
Structural:Plan,Sections and Details 8
Mechanical: Plan,Sections and Details 8
Plumbing&HVAC 8
Electrical 13
Instrumentation 6
Total Estimated Immokalee Road Rural Village Wellfield 90+9=99
Drawings(including 10%contingency)
Subtask 4.3.2- Opinion of Probable Construction Cost
The CONSULTANT will prepare an opinion of probable construction cost as outlined in subtask 4.1.2.
TASK 5- BIDDING ASSISTANCE SERVICES
The CONSULTANT will attend one pre-bid meeting for each of up to three bidding packages which will
be administered by the OWNER.The CONSULTANT will review and respond to the questions received
from the bidders and will prepare up to one addendum for each bidding package.The CONSULTANT
will review the bids received and make a recommendation on award of the contract. Currently the
following bidding packages are anticipated:South NESA Wellfield, NESA Perimeter Wellfield, and
Immokalee Road Rural Village Wellfield.
TASK 6- CONSTRUCTION ENGINEERING SERVICES
The CONSULTANT will provide engineer of record services for up to three construction contracts
which will be administered by the OWNER. Currently the following construction contracts are
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anticipated:South NESA Wellfield, NESA Perimeter Wellfield,and Immokalee Road Rural Village
Wellfield.The following eleven subtasks will be provided for each construction contract:
Subtask 6.1- Conformed Plans and Specifications and Building Permit Support
CONSULTANT will conform the bid plans and specifications to reflect changes and clarifications made
during the bidding phase.
Subtask 6. 2- Construction Kickoff and Progress Meetings
CONSULTANT will prepare for and attend the following construction phase meetings:
Pre-construction meeting(s)
Bi-weekly progress meetings
The time and budget for this subtask is included under Subtask 1.2.6.
Subtask 6.3- General Administration of Construction Contract
CONSULTANT will consult with and advise OWNER while acting as OWNER's representative as
provided in the Contract Documents. CONSULTANT will evaluate and render the initial opinions to the
OWNER on potential change order items from the CONTRACTOR relating to the acceptability of the
work or the interpretation of the requirements of the Contract Documents pertaining to the execution
and progress of the work.The CONSULTANT has budgeted 1,600 labor hours for use across the three
wellfield contracts for this subtask.
Subtask 6.4- Clarifications and Interpretations
For clarifications and interpretations,the CONSULTANT will receive, review, provide responses and
distribute up to 20 requests for information for each of the three wellfield contracts from the
CONTRACTOR.The CONSULTANT has budgeted an average of 4 hours for each request under this
subtask information.
Subtask 6.5- Change Orders and Work Change Directives
CONSULTANT will review and provide feedback on up to 16 Potential Change Orders or Work Change
Directives relating over the three wellfield contracts.
Subtask 6.6- Shop Drawings and Other Submittals
CONSULTANT will review and provide responses on up to 220 shop drawings and other submittals,
including resubmittals over the three wellfield contracts.
Subtask 6.7- Applications for Payment
The CONSULTANT will review monthly pay requests submitted by the CONTRACTOR and provide a
recommendation on their approval. CONSULTANT will review the status and upkeep by the
CONTRACTOR of As-Built drawing markups on site on a monthly basis.
Subtask 6.8- Substantial Completion
Following notice from CONTRACTOR that the CONTRACTOR considers the entire work ready for its
intended use, CONSULTANT and OWNER, accompanied by the CONTRACTOR,will conduct one field
inspection to determine if the work under that particular contract is Substantially Complete. A list of
deficiencies and omissions identified by the CONSULTANT will be prepared to accompany the
Certificate.The CONSULTANT will be responsible to deliver to OWNER and the CONTRACTOR the list
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of any deficiencies and omissions to be corrected prior to either considering the project Substantially
Complete or those that need to be completed prior to Final Acceptance.The CONSULTANT will be
responsible to deliver a Certificate of Substantial Completion to OWNER and the CONTRACTOR when
the work is deemed Substantially Complete.This subtask does not include subsequent inspections for
additional Substantial Completion inspections or compliance with punchlist items.
Subtask 6. 9- Final Notice of Acceptability of the Work
CONSULTANT shall conduct one final field inspection for each of the three contracts to determine if
the completed contract work of CONTRACTOR is acceptable so that CONSULTANT may recommend, in
writing,final payment to the CONTRACTOR including listing of any specific incomplete work as
warranty.Accompanying the recommendation for final payment, CONSULTANT shall indicate that the
work is acceptable to the CONSULTANT's knowledge and based on the extent of the services
performed and furnished by CONSULTANT under this Agreement.
Subtask 6.10- Record Drawings
CONSULTANT shall review the CONTRACTOR's As-Built drawings on a periodic(e.g., monthly) basis
and for any material deviations to design intent after Substantial Completion.The CONSULTANT shall
prepare Record Drawings which incorporate the CONTRACTOR's mark ups and provide them to the
OWNER after Final Completion and as part of permit closeout.
Subtask 6.11- Visits to Site
The CONSULTANT will provide a full time on-site Professional Geologist during the drilling operation of
each of the production wells as described in Subtask 6.12 and part time Resident Project
Representative (RPR) during the construction of the pipeline and construction of the well surface
facilities. For the remainder of the construction work,the CONSULTANT will rely on the OWNER's
inspection staff to provide day-to-day construction observation for conformance with the Contract
Documents.
The CONSULTANT will make periodic site visits to observe construction activities at critical points
during construction and at times requested by the OWNER.CONSULTANT may require special
inspections or tests of the work,shall receive and review certificates of inspections,tests and
approvals required by laws, rules, regulations, ordinances,codes, orders or the Contract Documents.
The CONSULTANT has budgeted 800 labor hours over the three wellfield contracts.
Subtask 6.12- Resident Project Representative
The CONSULTANT will provide the services of a full-time Onsite Professional Geologist for the duration
of the well drilling activities, budgeted at 3,960 labor hours total for all three contracts. For the basis
of cost the CONSULTANT has budgeted 4,800 labor hours of Resident Project Representative for the
three wellfield contracts for services during the construction of the well pump facilities and the
pipeline. Onsite Professional Geologist and Resident Project Representative is CONSULTANT's agent at
the site,will act as directed by and under the supervision of CONSULTANT and will confer with
CONSULTANT regarding Resident Project Geologist's and Resident Project Representative actions.
Onsite Professional Geologist's and Resident Project Representative dealings in matters pertaining to
the on-site work shall in general be with CONSULTANT, OWNER and CONTRACTOR. Onsite
Professional Geologist's and Resident Project Representative dealings with subcontractors shall only
be through or with the full knowledge and approval of CONTRACTOR. Onsite Professional Geologist
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and Resident Project Representative shall generally communicate with OWNER with the knowledge of
and under the direction of CONSULTANT.
The CONSULTANT will have the authority to recommend to the OWNER rejection of work that does
not conform to the construction documents. If the CONSULTANT observes any work that fails to
materially conform to the construction documents,the CONSULTANT shall notify the OWNER and may
recommend to the OWNER the rejection of such work. When such work is rejected,the CONSULTANT
must advise the CONTRACTOR with respect to the implementation of the intent of the construction
documents.The CONSULTANT will have authority to require additional inspection or testing of the
work by others in accordance with the provisions of the construction documents,whether such work
is fabricated, installed or completed.
The CONSULTANT shall not have control over or charge of and shall not be responsible for
construction means, methods,techniques,sequences or procedures, or for safety precautions and
programs in connection with the work, since this is the CONTRACTOR's responsibility under the
contract for construction.The CONSULTANT shall not have control over or charge of acts or omissions
of the CONTRACTOR, subcontractors or their agents, or employees or of any other persons performing
portions of the work.The CONSULTANT shall not be responsible for the CONTRACTOR's schedules or
failure to carry out the work in accordance with the construction documents.
Onsite Professional Geologist services will be provided by a subconsultant, Water Science Associates
WSA),during the construction of the supply wells.The penetrated geology at the well sites will be
evaluated to confirm that the final well constructions meet the intent of the specifications and
applicable permits and regulations.Throughout the drilling period,an Onsite Professional Geologist
will observe the drilling and testing operations.WSA's Onsite Professional Geologist, a senior
hydrogeologist,will monitor field activities and be present for important tests or issues that require
field decisions. Geologic information will be collected and analyzed during the drilling program to
identify subsurface conditions and evaluate how existing conditions match those assumed during the
design.The Onsite Professional Geologist will:
Review the geophysical logging submittals.
Review of geolograph submittals.
Observe setting and grouting of surface casing from land surface to competent geology for well
construction.The depth will be determined in the field by the Well Drilling Contractor and
verified by the Onsite Professional Geologist.
Observe setting and grouting of final casing.
Observe the drilling of the nominal open borehole. Characterize the geology through visual
observation of drill cuttings. Review field testing of water samples for specific conductance,TDS,
chlorides,sulfates, pH and temperature. Collect laboratory samples to be analyzed for chlorides,
sodium, potassium,calcium, iron, magnesium,total alkalinity,total hardness,TDS,specific
conductance and pH.Analysis will be conducted by an outside laboratory contracted by the Well
Drilling Contractor.
Observe well development and pressure testing of well casing. Recommend remediation and
work with Well Drilling Contractor to seal observed leaks if present. Observe pumped
development)water for sand content and turbidity.
Observe and evaluate geophysical and video logging on the pilot bore hole and completion of the
production well to determine well construction conformance with the specifications and general
hydrogeologic information.
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Conduct step drawdown testing in accordance with SFWMD's requirements.The Well Drilling
Contractor will be responsible for installing and operating the pumps and installing and
monitoring the data loggers.The Onsite Professional Geologist will provide direction and quality
assurance of the step test setup and execution.
Analyze the step drawdown tests for aquifer characteristics.
TASK 7- ADDITIONAL SERVICES
The CONSULTANT will manage the implementation of the various components necessary for orderly
administration of the project and to provide continuous improvement in project delivery.The
CONSULTANT will provide assistance related to the NESA Service Area on potable supply production
wells,ASR systems, non-potable supply production wellfields and injections wells as requested by the
OWNER.The CONSULTANT will provide experienced staff to administer and manage the consulting
services provided. Recognizing the dynamic nature of services which are required, as well as the
challenging time schedules generally necessary for these assignments, it is the intent of the
CONSULTANT to make available engineering staff and specialized experts to address issues specific to
the OWNER.These personnel may be employees of the CONSULTANT,subconsultant employees or
subcontractors with individual consultants, as required.This task shall include, but not be limited to,
the following as needed services:
Property descriptions
Boundary Survey
Easement assistance
Unplanned analysis, evaluations, or studies
Additional coordination meetings with other consultants
Review, analysis and recommendations on operating data and practices
Design of rehabilitation, repair or new construction for wells, raw water transmission mains and
associated facilities
Property acquisition support
Funding and grant assistance
Quality assurance and review
Review of water quantity withdrawal records
Species specific surveys and studies that may be required by permitting agencies
Consultation with the U.S. Fish and Wildlife Service for federally listed threatened and
endangered species
State permitting for listed species take or relocation
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Assistance in meeting with regulatory agencies and negotiating permits conditions
Assistance in implementing permit limiting conditions requirements
Assistance in public information and outreach assistance to the OWNER as part of public
consultations, meetings or workshops required for the development of the Project
Providing information related to water supply planning efforts including, but not limited to
Annual Update Inventory Reports(AUIR), annual water supply plan updates to SFWMD, updates
to the Lower West Coast Water Supply Plan, updates to the Water Master Plan, and updates to
the 10-Year Water Supply Facilities Work Plan
Additional design of well sites,during the progress of the Project if opportunities arise in which
the OWNER wishes to increase the number of wells designed,the CONSULTANT will provide
services at a time and material (T&M) cost basis. For the purpose of budgeting the CONSULTANT
has assumed similar conditions to the NESA Perimeter Wellfield task. For the purpose of
budgeting the CONSULTANT has assumed an estimated design cost per well (minimum 7
additional wells) as follows:
Type of Well Cased Depth (ft BLS) Total Depth (ft BLS) Approx. Cost
Freshwater Wells 60 to 90 100 to 130 35,000
Brackish water Wells 300 to 400 400 to 500 36,500
Brackish water Wells 650 to 800 800 to 1,000 38,000
Additional design of transmission mains, during the progress of the Project if opportunities arise
in which the OWNER wishes to extend the transmission main the CONSULTANT will provide
services at a T&M cost basis. For the purpose of budgeting the CONSULTANT has assumed similar
conditions to the NESA Perimeter Wellfield task. For the purpose of budgeting the CONSULTANT
has assumed a design cost of$23.40 per linear foot based on a minimum distance of 10,500 feet.
This cost is based upon survey,geotechnical, permitting and design of the pipeline.This assumes
the pipeline consist of a single pipeline along the alignment.
TASK 8- PERMITTING
Subtask 8.1- Ecological Field Surveys and Data Collection
Ecological field surveys and data collection includes activities related to conducting field reviews of
the project site to map the vegetative habitats,flag wetland lines, conduct listed species survey, and
prepare the U.S.Army Corps of Engineers wetland data sheets as part of site planning.These activities
include:
Subtask 8.1. 1 Florida Land Use, Cover and Forms Classification System and Wetland Map
CONSULTANT will conduct field review to map existing features per Florida Land Use, Cover and
Forms Classification System, identify wetland and other surface water features, and estimate percent
cover of exotic and nuisance vegetation.
Subtask 8.1.2 Florida Land Use, Cover and Forms Classification System and Wetland Map for 25±
Feet of Selected Water Transmission Main Alignment
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CONSULTANT will conduct field review to map existing features within 25±feet of the selected
pipeline alignment per Florida Land Use,Cover and Forms Classification System, identify wetland and
other surface water features, and estimate percent cover of exotic and nuisance vegetation.
Subtask 8.1.3 Flag Wetland Lines
CONSULTANT will flag Florida Department of Environmental Protection (FDEP) and U.S.Army Corps of
Engineers wetland lines and locate flagged wetland lines.
Subtask 8.1.4 U.S.Army Corps of Engineers Wetland Data Sheets
CONSULTANT will conduct site visit to collect data needed to prepare U.S.Army Corps of Engineers
wetland data sheets which will be submitted to the U.S.Army Corps of Engineers.
Subtask 8.1.5 Listed Species Survey
CONSULTANT will conduct site visit to survey for protected species and review FWCC documented
occurrences of listed species. Listed species observed on-site will be identified on Florida Land Use,
Cover and Forms Classification System map.
Deliverables(issued via electronic delivery in .pdf format):
Florida Land Use,Cover and Forms Classification System and Wetland Map
Florida Land Use,Cover and Forms Classification System and Wetland Map for 25± Feet of
Selected Water Transmission Main Alignment
Listed Species Survey Letter Report
Aerial with Wetland Flag Locations
U.S. Army Corps of Engineers Wetland Data Sheets (one per wetland polygon plus upland
interface U.S.Army Corps of Engineers Wetland Data Point Location Map
Subtask 8.2- Florida Department of Environmental Protection and County Permitting
The CONSULTANT will prepare permit applications for the construction of the designed work, meet
with regulatory agencies to review the permit applications and provide responses to additional
information requested by the regulatory agencies.The permits applications to be applied for the
OWNER by the CONSULTANT are:
Florida Department of Environmental Protection Application for a Specific Permit to Construct
Public Water Supply Components
Collier County site development plan including landscaping
Collier County Right-of-Way Permit(if applicable)
Subtask 8.3- Water Use Permitting
Subtask 8.3.1- Permit Modification
The CONSULTANT will prepare the permit modification for the existing SFWMD well permit(11-
00249-W)for the wells in the South NESA Wellfield project.The permit will later be modified to
incorporate the service area for the permit(11-00419-W)and to include both the NESA Perimeter
Wellfield and the Immokalee Road Rural Village Wellfield.
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Subtask 8.3.2- Pre-Application Meeting
The CONSULTANT will coordinate with the OWNER and facilitate a pre-application meeting with the
SFWMD to review the specific data that will be required for the WUP application for the new NESA
Wellfield.As part of the preparation for that meeting, CONSULTANT will create a summary of the
monitoring data that has been collected since the 11-00419-W permit was issued and the OWNER's
latest population and flow projections.
Deliverables(issued via electronic delivery in pdf format):
Pre-application Meeting Agenda and Presentation
Pre-application Meeting Minutes
Subtask 8.3.3- Data Compilation,Analysis and Preparation
The CONSULTANT will compile and analyze up to ten years of water level, chloride concentration,
rainfall,and wellfield pumpage data collected by the OWNER and various agencies relevant to use of
the Lower Tamiami aquifer from the OWNER's Golden Gate Tamiami Wellfield.The CONSULTANT will
develop appropriate graphical representations of the compiled data in support of the renewal
application.
It is assumed that the OWNER will develop the potable and irrigation quality water demand
projections and provide them to the CONSULTANT for use.
Subtask 8.3.4- Preparation of Water User Permit Application Materials
The CONSULTANT will prepare the water use permit application and supporting documentation for
the new Lower Tamiami aquifer allocation WUP. Supporting documentation will include past and
projected irrigation quality water use,demand justification,water level monitoring data, pumping
data,wetland monitoring data and the OWNER's programmatic information. It is assumed the
OWNER will pay the SFWMD permit application fee.
Subtask 8.3.5- Groundwater Modeling
The OWNER will be requesting an increase in the Lower Tamiami aquifer allocation for NESA wellfield
sites.The CONSULTANT will perform groundwater modeling with up to three well pumping scenarios
at the proposed Lower Tamiami aquifer allocation with Lower Tamiami aquifer production wells to
determine if the increased allocation and the addition of new wells will adversely impact water and
environmental resources within the area of review near the wellfield. Up to a total of five modelling
runs will be performed to cover various pumping scenarios.
To evaluate potential impacts due to the addition of new wells and increase in allocation,the
CONSULTANT will perform up to three simulations using the updated Lower West Coast Surficial
Aquifer Model. Groundwater model simulations will be performed using 15-years of continuous
withdrawals.
The results from groundwater modeling will be used to evaluate potential impacts due to the new
operational reliability wells on water and environmental resources.The criteria are set forth in the
latest version of SFWMD Applicant's Handbook for Water Use Permit Applications (AHWUP) dated
September 7, 2015. From the SFWMD AHWUP,the water resource and environmental evaluation
criteria are:
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Does not have adverse impacts to wetlands;
Does not induce saline water intrusion;
Does not interfere with other existing legal users;
Does not cause pollution of water resources;and
Does not have adverse impacts to water reservation—Picayune Strand (Section 3.11.1 in the
AHWUP).
The modeling results will be summarized in a technical memorandum and submitted to the SFWMD
along with WUP application.
Deliverables(issued via electronic delivery in pdf format):
NESA Wellfield Groundwater Modeling Technical Memorandum (Draft)
Signed and Sealed NESA Wellfield Groundwater Modeling Technical Memorandum
Subtask 8.3.6- Response to Requests for Additional Information
Given the nature (conventional water source) of the allocation to be renewed and the history
associated with the permit, one or more requests for additional information may be expected.The
exact nature of those requests cannot be anticipated with a high degree of accuracy.This task is based
on receiving and responding to up to two requests for additional information on the work performed
in Task 8. Use of funds in Task 7 is available for use at the discretion of the OWNER's project manager
and will only be utilized upon written authorization to respond to additional requests for additional
information or performed additional work beyond that in Task 8.
Deliverables(issued via electronic delivery in pdf format):
Responses to Requests for Additional Information
TASK 9-SURVEYING AND GEOTECHNICAL
Subtask 9.1-Survey and Subsurface Utility Engineering Allowance
CONSULTANT will utilize a subconsultant to perform the survey plan and subsurface utility
engineering plan included as Attachment B.
Subtask 9.2-Geotechnical Allowance
CONSULTANT will utilize a subconsultant to perform the geotechnical investigation included as
Attachment C. We anticipate that the geotechnical scope of work will include borings at 500 to 1000
foot spacing along the utility alignment. Borings will generally extend to 10 foot below ground surface
or 2 feet below the pipe invert,whichever is greater. Open-cut construction is anticipated for all
roadways and trenchless installations of canal crossings have been included in investigation and
geotechnical design.
Deliverables(issued via electronic delivery in .pdf format):
Existing Survey Drawing(to be incorporated in design plans)
Geotechnical Report
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BASIS FOR FEE ESTIMATE AND ASSUMPTIONS
The Task Authorization is based on the following:
1. The CONSULTANT will utilize the previous signed &sealed design (S&S) documents prepared
by CDM Smith dated December 2009 and titled Northeast Regional Water Treatment Plant
Wellfield Infrastructure Development. It is assumed that the existing survey data be updated.
The design documents will also be updated for work completed onsite after the development
of the technical documents. Drawings will be updated to incorporate new standards.
2. The CONSULTANT has the right to rely on the information provided by the OWNER, OWNER
representatives, and OWNER's other Consultants without further evaluation.
3. The CONSULTANT will utilize the updated (c.2009) Lower West Coast Surficial Aquifer
LWCSAS) groundwater computer model.
4. The CONSULTANT will design and oversee an aquifer test program that will include installation
of up to S Lower Tamiami Aquifer(LTA) monitor/test wells and 1 LTA production well, 1
Aquifer Performance Test(APT), and associated hydrogeological data analysis. The Consultant
will prepare specification to construct the Lower Tamiami Aquifer test wells. The OWNER will
utilize the specifications to contract with a Contractor to construct the test wells. The
CONSULTANT will oversee the construction and testing of the wells and provide analysis of
testing results.
5. This Project requires coordination with other Consultants that are not under contract by the
OWNER,the CONSULTANT assumes that those Consultants will cooperate with the OWNER
and CONSULTANT.The CONSULTANT assumes that the data provided by such Consultants is
accurate and complete with no further evaluation by the CONSULTANT.The CONSULTANT
assumes responses by the other Consultants to information request will be completed within
14 calendar days.
6. The CONSULTANT will utilize similar Non-Technical and Technical Specifications for each bid
package prepared,with minimal changes to account for the quantities required for each bid
packages.
7. The CONSULTANT will utilize the same details for each bid package prepared,with minimal
changes to account for the quantities required for each bid packages.
8. CONSULTANT will use the OWNER'S current(April 2020) standards, standards details,
standard specifications, design manuals and other internal documents for this Project.
9. The CONSULTANT assumes no changes to local, state,or federal rules and regulations that
occur during this Project will impact the scope and budget.
10. The CONSULTANT assumes electrical and communications conduit(s)will be shown on the
same drawing (plan)sheet as the pipeline.
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11. CONSULTANT has not included easement assistance, property descriptions,or negotiation
with property owners.
12. CONSULTANT will coordinate with NESA site and Big Corkscrew Island Regional Park
consultants.
13. The CONSULTANT assumes the Contractor(s)will be providing stakeout services during
construction.
14. The CONSULTANT has assumed that some existing surveys may be utilized from other ongoing
projects by the OWNER on the NESA Site. For budgeting purposes,we have assumed 3,500
feet of pipeline corridor will have adequate survey data.
15. The CONSULTANT assumes each change order preparation in construction will require on
average 15 total labor hours for review and processing.
16. The CONSULTANT assumes each shop drawing submittal and resubmittal will require on
average 4 labor hours for review and processing.
17. The budget estimates provided in Task 6 are considered averages for the three wellfield
contracts.
18. Directional boring will only occur under the canals within Project area.
19. Mitigation of impacts to wetlands will not be required on this Project.
20. The budget for Task 8 does not include species specific surveys and studies that may be
required by permitting agencies.
21. The budget for Task 8 does not include consultation with the U.S. Fish and Wildlife Service for
federally listed threatened and endangered species.
22. The budget for Task 8 does not include state permitting for listed species take or relocation.
23. The CONSULTANT assumes that the permitting for each wellfield will be conducted as one
permit. For example, all the permitting for the 6 well sites on the South NESA Wellfield will be
permitted together.
24. Resident Project Representative shall not participate in specialized field or laboratory tests or
inspections conducted by others except as specifically authorized by CONSULTANT.
25. Resident Project Representative shall be part time to provide the Engineer of Record with
adequate oversight to report completion of the Project.
26. The OWNER will be providing full time inspection services for each of the construction
Projects contracts.
27. The CONSULTANT has assumed for budgeting purposes that the South NESA raw water
transmission main and conduit,which is being designed by another Consultant(Grady Minor)
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under a separate contract,will be terminated five(5)feet outside the fence of the proposed
well location.
28. The CONSULTANT assumes the Consultant designing the South NESA raw water transmission
main and conduit will be responsible for locating valves and pull boxes at appropriate spacing
and locations.
29. At the request of the OWNER boundary survey and topographic mapping for the NESA
Perimeter Wellfield was eliminated from the scope of work. The OWNER will provide the
CONSULATNT with Autocad files of the boundary survey and topographic mapping as well as
signed and sealed boundary survey. If it is determined that boundary survey is required,the
CONSULTANT will be compensated on a time and material basis.
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Packet Pg. 1087 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
SCHEDULE B
BASIS OF COMPENSATION
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part
of its monthly invoice a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any 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.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
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 services associated with any such line item have been completed or
partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made
upon the percentage complete. In no event shall such Time and Materials compensation exceed
the amounts set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-
Exceed
1 Project Management 815,418.75
2 NESA Wellfield Preliminary Engineering 178,466.50
3 Hydraulic Modeling 33,000.00
4 Wellfield Design Services 2,828,624.00
5 Bidding Assistance Services 159,875.00
6 Construction Engineering Services 2,064,315.00
7 Additional Services 300,000.00
8 Permitting 485,595.00
9 Surveying and Geotechnicial 249,673.75
Total Lump Sum Fee 0
Total Time and Materials Fee 7,114,968.00
GRAND TOTAL FEE 7,114,968.00 $
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B.2.2. Er Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts
to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean
the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel,
with respect to this Project, including all indirect payroll related costs and fringe benefits, all in
accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B.
With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY.
There shall be no overtime pay without the COUNTY's prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has
completed such task as of that particular monthly billing.
8.2.3. * Lump Sum Fccs: The fees noted in Section 2.1. shall constitute the ate
to be paid to CONSULTANT for the performance of the Bak Services.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for
under Section B.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.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the
COUNTY 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 the COUNTY's prior written
approval.
B.2.5. The compensation provided for under Section B.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.2.6. 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 the COUNTY, pending resolution of the dispute provided that the
COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are
due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. 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 the COUNTY.
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B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this Agreement.
B.3. 2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT's letterhead and must include the Purchase Order Number and Project name
and shall not be submitted more than one time monthly.
B.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 this Agreement or Additional Services, CONSULTANT shall be limited to a
maximum markup of five percent (5%) on the fees and expenses associated with such
subconsultants and subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in
the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the
following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals, all
in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY,
may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of
the Services.
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B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring
any reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
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Packet Pg. 1091 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal 240
Senior Technical Reviewer 215
Senior Project Manager 205
Project Manager 160
Senior Engineer 200
Engineer 165
Associate Engineer 120
Engineering Intern (Registered El)100
Senior Inspector 105
Inspector 82
Ecologist Project Manager 115
Ecologist Project Principal 170
Ecologist 85
Senior Scientist 105
Landscape Architect 125
Senior Hydrogeologist 155
Hydrogeologist 120
Senior Designer 125
Designer 106
Senior GIS Specialist 145
GIS Specialist 110
Senior Administrative 90
Clerical/Administrative 75
Senior Technician 95
Technician 85
Surveyor and Mapper 135
CADD Technician 90
Survey Crew- 2 man 140
Survey Crew- 3 man 165
Survey Crew-4 man 200
Senior Architect 190
Architect 131
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment
upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects,
the above hourly rates are for purposes of providing estimate(s), as required by the grantor
agency.
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar
Days For Completion
Task/Item
of Task from Date of
Description
Notice to Proceed
NTP)
1 Project Management 2487
2 NESA Wellfield Preliminary Engineering 120
3 Hydaulic Modeling 1128
4 Wellfield Design Services 1232
5 Bidding Assistance Services 1711
6 Construction Engineering Services 2487
7 Additional Services 2487
8 Permitting 1606
9 Surveying and Geotechnical 1128
TOTAL CALENDAR DAYS FOR PROJECT 2487
COMPLETION FROM NTP
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Packet Pg. 1093 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
SCHEDULE D
INSURANCE COVERAGE
1. The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT's sole responsibility.
2. The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
3.Coverages shall be maintained without interruption from the date of commencement of the
services until the date of completion and acceptance of the Project by the COUNTY or as specified
in this Agreement, whichever is longer.
4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY 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 policies required shall be
provided to the COUNTY, on a timely basis, if requested by the COUNTY. 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 COUNTY.
CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-
insurance program carried by the COUNTY applicable to this Project.
6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY 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 COUNTY.
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Packet Pg. 1094 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
8. Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY 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 the COUNTY for such costs within thirty (30) days after demand,
the COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY
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
COUNTY 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 COUNTY, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the
Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material
breach by CONSULTANT and the COUNTY may terminate the Agreement for cause.
10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY.
Required by this Agreement? Yes I I No
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 - The coverage must include Employers' Liability with a
minimum limit of $ 1,000,000 for each accident.
The insurance company shall waive all claims rights against the COUNTY and the policy shall be
so endorsed.
11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained
where applicable to the completion of the work. Required by this Agreement? I I Yes n No
12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion
of the work.
Required by this Agreement? Yes 1 1 No
13. COMMERCIAL GENERAL LIABILITY.
Required by this Agreement? Yes No
A. 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,
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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 COUNTY of the work under this Agreement. Limits of Liability shall not be less than the
following:
Coverage shall have minimum limits of $ 1,000,000 Per Occurrence,
2,000,00 aggregate.
B. The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away
from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
CONSULTANT shall be subject to the approval of the Risk Management Director or his/her
designee.
14. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR, Collier County Government shall be listed as the Certificate Holder and
included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability
where required. The insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's
policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with
the same insurance requirements that the Contractor is required to meet.
15. Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Required by this Agreement? I I Yes • No
16. Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Required by this Agreement? Yes n No
17. AUTOMOBILE LIABILITY INSURANCE.
Required by this Agreement? ICI Yes I I No
Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The
ownership.
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18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE.
Required by this Agreement? Yes No
Technology Errors and Omissions Insurance: Coverage shall have minimum limits of
Per Occurrence.
19. CYBER INSURANCE.
Required by this Agreement? Yes No
Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence.
20. UMBRELLA LIABILITY.
A. 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.
B. 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.
21. PROFESSIONAL LIABILITY INSURANCE.
Required by this Agreement? n Yes No
A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its
legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and
aggregate.
B. Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
C. 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 COUNTY.
D. The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or the COUNTY, 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 the COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify the COUNTY 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
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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 the COUNTY.
22. VALUABLE PAPERS INSURANCE.
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.
23. PROJECT PROFESSIONAL LIABILITY.
A. If the COUNTY notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY
and the COUNTY's insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT's professional liability
policy. If no credit is available from CONSULTANT's current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a
renewal occurs during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that any such
credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY
and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY 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.
B. The CONSULTANT agrees to provide the following information when requested by
the COUNTY or the COUNTY's Project Manager:
1. The date the professional liability insurance renews.
2. Current policy limits.
3. Current deductibles/self-insured retention.
4. Current underwriter.
5. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
6. Cost of professional insurance as a percent of revenue.
7. Affirmation that the design firm will complete a timely project errors and omissions
application.
C. If the COUNTY elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and the COUNTY will provide professional liability
insurance, naming CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287. 055, Florida
Statutes, CDM Smith Inc. company's name)
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 " Design Services for the NESA Wellfield project
is accurate, complete and current as of the time of contracting.
BY:
TITLE: Pr(h C#
DATE: 0/120
Page 30 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
16.C.5.a
Packet Pg. 1099 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Jason Sciandra Principal 4%
Gregory Isaacs Senior Project Manager 9%
Lee Wiseman Senior Technical Reviewer 13%
Jason Mills Senior Engineer 8%
Clarice Sollog Senior Architect 1%
Isaac Holowell Engineer 12%
Andrew Ryan Senior Hydrogeologist 1%
Lisa Bartlewski Senior Designer 10%
Melanie Moore Hydrogeologist 1%
Blake Harvey Associate Engineer 7%
William Stevenson Senior Inspector 4%
Isamar San Juan Engineer Intern 3%
Somenath Datta Senior Technician 1%
Gregory Hoch Inspector 3%
Water Science Associates Subconsultant 23%
Page 31 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
CA()
16.C.5.a
Packet Pg. 1100 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
SCHEDULE G
Other:
Description)
following this page (pages through )
this schedule is not applicable
Page 32 of 32
PSA_CCNA Single Project Agreement 2017.010 Ver.3
CA()
16.C.5.a
Packet Pg. 1101 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
m.41 ®
o DATE(MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 08/26/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES O
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED m
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If
SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this —'
certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c
PRODUCER CONTACTNAME: 0
Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 FAX 800-363-0105 t
Boston MA office A/C.No.Ext): A/C.No.): 0
53 State Street E-MAIL
Suite 2201 ADDRESS:
Boston MA 02109 USA
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURER A: LM Insurance Corporation 33600
CDM Smith Inc. INSURERB: Liberty Insurance Corporation 42404
75 State Street Suite 701
Boston MA 02109 USA INSURER C: Liberty Mutual Fire Ins Co 23035
INSURERD: ACE Property & Casualty Insurance Co. 20699
INSURERE: Lloyd's Syndicate No. 2623 AA1128623
INSURER F: Commerce & Industry Ins Co 19410
COVERAGES CERTIFICATE NUMBER:570083658918 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY/ (MM/DD/YYYY)) LIMITS
B X COMMERCIAL GENERAL LIABILITY Y TB7611B8T8Z6040 01/01/2020 01/01/2021 EACH OCCURRENCE 2,000, 000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence)
1,000, 000
MED EXP(Any one person) 10,000
PERSONAL&ADV INJURY 2,000, 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000, 000 m
POLICY X
JECT
X LOC PRODUCTS-COMP/OPAGG 4,000, 000 m
0
OTHER: o
C Y AS2-611-B8T8Z6-060 01/ 01/2020 01/01/2021 COMBINED SINGLE LIMITAUTOMOBILELIABILITY 2,000, 000
Es accident)
X ANY AUTO BODILY INJURY(Per person)0Z
OWNED SCHEDULED BODILY INJURY(Per accident)d)
AUTOS ONLY AUTOS i6
HIRED AUTOS NON-OWNED PROPERTY DAMAGE 0
ONLY AUTOS ONLY
Per accident)
a)cu
O
X UMBRELLA LIAB X OCCUR XEUG28194687004 01/01/2020 01/01/2021 EACH OCCURRENCE 5,000,000 U
EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000
DED RETENTION
A WORKERS COMPENSATION AND WA561DB8T8Z6010 01/ 01/2020 01/ 01/2021 x PER STATUTE OTH-
EMPLOYERS'LIABILITY YIN AOS
ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000
A OFFICER/MEMBER EXCLUDED? N N/A wc5611B8T8z6020 01/01/2020 01/ 01/2021
Mandatory in NH) WI E.L.DISEASE-EA EMPLOYEE 1,000,000
It yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1,000,000—
MI
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Y+
RE: For any and all work performed on behalf of Collier County, Contract No. 19-7583. Collier County Board of County 0
Commissioners or Board of County Commissioners in Collier County or Collier county Government are included as Additional
Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability
policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in
accordance with the policy's provisions. Umbrella Liability policy is follow-form.
ki
CERTIFICATE HOLDER CANCELLATION
N--SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE —"'
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE OgPOLICYPROVISIONS.
NE--
Collier county Board of county AUTHORIZED REPRESENTATIVE 4
Commissioners irrt
3295 Tamiami Trail E. 1
Naples FL 34112 USA Fyn i''k- /J j ,Q y WEeYlosaLa1rcc//p j a/
1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
16.C.5.a
Packet Pg. 1102 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
AGENCY CUSTOMER ID: 10518329
LOC#:
A
ADDITIONAL REMARKS SCHEDULE Page _ of
AGENCY NAMED INSURED
Aon Risk Services Northeast, Inc. CDM smith Inc.
POLICY NUMBER
See Certificate Number: 570083658918
CARRIER NAIC CODE
See Certificate Number: 570083658918 EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD
certificate form for policy limits.
POLICY POLICY
INSR ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION LIMFPs
LIE TYPE OF INSURANCE INSD WVU DATE DATE
MM/DD/YYYY) (MM/DD/YYYY)
WORKERS COMPENSATION
B N/A WA761DB8T8Z6030 01/01/2020 01/01/2021
MA & PR
OTHER
E Archit&Eng Prof PSDEF2000033 01/ 01/2020 01/01/2021 Each Claim 1,000,000
Professional/Claims Made
Aggregate 1,000,000
ACORD 101(2008/01) 2008 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD
16.C.5.a
Packet Pg. 1103 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
AGENCY CUSTOMER ID: 10518329
LOC#:
A
ADDITIONAL REMARKS SCHEDULE Page _ of
AGENCY NAMED INSURED
Aon Risk Services Northeast, Inc. CDM Smith Inc.
POLICY NUMBER
See Certificate Number: 570083658918
CARRIER NAIC CODE
See Certificate Number: 570083658918 EFFECTIVE DATE
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Professional Liab Policy # PSDEF2000033
Beazley (Syndicates 2623/0623) - 37.5%
BRIT (Syndicate 2987) - 31. 25%
Ms Amlin (Syndicate 2001) - 12.5%
Munitus (Syndicate 4242) - 12.5%
Re/Rn (Syndicate 1458) - 6.25%
ACORD 101(2008/01) 2008 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD
16.C.5.a
Packet Pg. 1104 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
POLICY NUMBER: TB7611 B8T8Z6040 COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or equipment
include as an additional insured the person(s) or furnished in connection with such work, on the
organization(s) shown in the Schedule, but only project (other than service, maintenance or
with respect to liability for "bodily injury", "property repairs) to be performed by or on behalf of the
damage" or "personal and advertising injury" additional insured(s) at the location of the
caused, in whole or in part, by: covered operations has been completed; or
1. Your acts or omissions; or 2. That portion of "your work" out of which the
2. The acts or omissions of those acting on your injury or damage arises has been put to its
behalf;intended use by any person or organization
other than another contractor or subcontractor
in the performance of your ongoing operations for engaged in performing operations for a principal
the additional insured(s) at the location(s) as a part of the same project.
designated above.
C. With respect to the insurance afforded to these
However: additional insureds, the following is added to
1. The insurance afforded to such additional Section III —Limits Of Insurance:
insured only applies to the extent permitted by If coverage provided to the additional insured is
law; and required by a contract or agreement, the most we
2. If coverage provided to the additional insured is will pay on behalf of the additional insured is the
required by a contract or agreement, the amount of insurance:
insurance afforded to such additional insured 1. Required by the contract or agreement; or
will not be broader than that which you are
required by the contract or agreement to provide
2. Available under the applicable Limits of
for such additional insured.Insurance shown in the Declarations;
B. With respect to the insurance afforded to these whichever is less.
additional insureds, the following additional This endorsement shall not increase the applicable
exclusions apply: Limits of Insurance shown in the Declarations.
This insurance does not apply to "bodily injury" or
property damage"occurring after:
CG 20 10 04 13 ISO Properties, Inc., 2012 Page 1 of 2
16.C.5.a
Packet Pg. 1105 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any Person or Organization to whom you become Per the contract or agreement
obligated to include as an Additional Insured as a
result of any contract or agreement you enter into.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 2 of 2
16.C.5.a
Packet Pg. 1106 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
POLICY NUMBER: TB7611B8T8Z6040 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
Any person or organization to whom you become per contract or agreement
obligated to inclulde as an additional insured as a
result of any contract or agreements you enter into
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to
organization(s) shown in the Schedule, but only Section III —Limits Of Insurance:
with respect to liability for "bodily injury" or If coverage provided to the additional insured is
property damage"caused, in whole or in part, by required by a contract or agreement, the most we
your work" at the location designated and will pay on behalf of the additional insured is the
described in the Schedule of this endorsement amount of insurance:
performed for that additional insured and
included in the "products-completed operations 1. Required by the contract or agreement; or
hazard". 2. Available under the applicable Limits of
However: Insurance shown in the Declarations;
1. The insurance afforded to such additional whichever is less.
insured only applies to the extent permitted This endorsement shall not increase the applicable
by law; and Limits of Insurance shown in the Declarations.
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1
16.C.5.a
Packet Pg. 1107 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
Policy Number TB7-61 1-B8T8Z6-040
Issued by Liberty Insurance Corp.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE AMENDMENT—SCHEDULED ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any
other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an
additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and
Paragraph 4. Other Insurance of Section IV— Conditions will not apply. Where the applicable written agreement
does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of
Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the
additional insured for which it is also covered as an additional insured for the same"occurrence", claim or"suit".
Schedule
Name of Person(s)or Organization(s):
Any person(s) or organization(s) to whom you are obligated by a written agreement to procure Additional Insured
coverage under your policy.
LC 24 2011 18 2018 Liberty Mutual Insurance Page 1 of 1
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
16.C.5.a
Packet Pg. 1108 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
Policy Number TB7-611-B8T8Z6-040
Issued by LIBERTY INSURANCE CORPORATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s)/I Email Address or mailing address: Number Days Notice:
Organization(s):
A Schedule of each person or 30
Organization provided to us by
the First
Named Insured within 15 days of
written cancellation notice
received by
the First Named Insured for any
reason other than nonpayment of
premium
As Required by Written Contract
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule above. We will send notice to the email or mailing address listed above
at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 01 05 11 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with
its permission.
16.C.5.a
Packet Pg. 1109 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
Policy Number AS2-611-B8T8Z6-060
Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s)/ Email Address or mailing address: Number Days Notice:
Organization(s):
Blanket-as required by 30
written contract
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule above. We will send notice to the email or mailing address listed above
at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 01 05 11 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with
its permission.
16.C.5.a
Packet Pg. 1110 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
CHUBB"
NOTICE OF CANCELLATION TO OTHERS — SPECIFIED PARTIES
Named Insured Endorsement Number
CDM Smith,Inc.017
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
XEU G28194687 004 of/oi/2o2o to of/oi/2021 of/oi/2o2o
Issued By(Name of Insurance Company)
ACE Property and Casualty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
ENHANCED COMMERCIAL UMBRELLA LIABILITY POLICY
The policy is amended as follows:
Section VI.CONDMONS,is amended to add the following:
Notice to Others
1. If we cancel the Policy prior to its expiration date by notice to you or the first "Named Insured" for any
reason other than nonpayment of premium,we will,as set out below, send written notice of cancellation,
via such electronic or other form of notification as we determine,to the persons or organizations listed in
the schedule set out below (the "Schedule"). You or your representative must provide us with both the
physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or
physical address that you or your representative provided to us on such Schedule.
2. We will send or deliver such notice to the e-mail address or physical address corresponding to each person
or organization indicated in the Schedule at least 3o days prior to the cancellation date applicable to the
Policy.
3. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s)
or organization(s) named in the Schedule in the event of a pending cancellation of coverage.We have no
legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance
notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no
obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy
cancellation date and will not negate any cancellation of the Policy.
4. We are not responsible for verifying any information provided to us in any Schedule, nor are we
responsible for any incorrect information that you or your representative provide to us. If you or your
representative does not provide us with the information necessary to complete the Schedule, we have no
responsibility for taking any action under this endorsement. In addition, if neither you nor your
representative provides us with e-mail and physical address information with respect to a particular
person or organization,then we shall have no responsibility for taking action with regard to such person
or entity under this endorsement.
5. We may arrange with your representative to send such notice in the event of any such cancellation.
6. You will cooperate with us in providing, or in causing your representative to provide,the e-mail address
and physical address of the persons or organizations listed in the Schedule.
7. This endorsement does not apply in the event that you cancel the Policy.
XSE-52238(04/19) Page 1 of 2
16.C.5.a
Packet Pg. 1111 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
SCHEDULE
Name of Person or Entity E-Mail Address Physical Address
Per schedule on file with the Producer
noted on the Declarations,provided
such schedule is provided to us by such
Producer at the time the Producer is
notified of cancellation as referenced
above.
All other terms and conditions of the policy remain unchanged.
Authorized Representative
XSE-52238(04/19)Page 2 of 2
16.C.5.a
Packet Pg. 1112 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule below. We will send notice to the email or mailing address listed below
at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event
does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
SCHEDULE
Name of Other Person(s)/ Email Address or mailing address: Number Days Notice:
Organization(s):
Per Schedule on file with Broker Per Schedule on file with Broker 30
All other terms and conditions of this policy remain unchanged.
Issued by LM Insurance Corporation
For attachment to Policy No. WA5-61D-B8T8Z6-010 Effective Date: 1/1/2020 Premium$
Issued to CDM Smith Inc.
WM 90 18 06 11 2011 Liberty Mutual Group of Companies Page 1 of 1
Ed. 06/01/2011 All Rights Reserved
16.C.5.a
Packet Pg. 1113 Attachment: 19-7583 CDMSmith_Contract. (26784 : Increase Purchase Order No. 4500207573)