#08-5122 (PBS&J)
Contract 08-5122
Watershed Model Update & Plan Development
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~day of tv\n...,,~
2009, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or
"OWNER") and Post, Buckley, Schuh & Jernigan, Inc., authorized to do business in the State
of Florida, whose business address is 5300 West Cypress Street, Suite 200, Tampa, Florida
33607 -1757 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Consulting Engineering
services of the CONSULTANT concerning Watershed Model Update & Plan Development
(hereinafter referred to as the "Project"), said services being more fully described in Schedule
A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise In the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Consulting Engineering services in
all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Moris Cabezas, P.E., a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
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whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder.
The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
to the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder.
In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
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deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall
have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc), and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth
in the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are
due to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing
and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may
withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT
be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a
nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this
Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this
license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges OWNER may be making Project Documents available for review and
information to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as
may be required by law. OWNER, or any duly authorized agents or representatives of
OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during the five (5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights
or remedies which otherwise may be available to an indemnified party or person described in
this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE 0 to
this Agreement.
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9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Board of County Commissioners, Collier
County, Florida, as an additional insured as to the operations of
CONSULTANT under this Agreement and shall contain a severability of
interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the form
attached as Attachment I to Schedule 0, must identify the specific Project
name, as well as the site location and address (if any).
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages coVered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the
appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
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Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor
payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against
CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
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directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate
this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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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 OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
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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.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-252-6584
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Post, Buckley, Schuh & Jernigan, Inc.
5300 West Cypress Street, Suite 200
Tampa, Florida 33607-1757
Telephone: 813-281-8380
Attention: Moris Cabezas, P.E.
Fax: 813-281-0954
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the
parties shall survive the expiration or termination of this Agreement.
19
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 0 INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
20
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would
make the presentation of any settlement reached during negotiations to OWNER for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the
parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
21
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of CONSULTANT with full decision-making
authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
22
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Watershed Model Update & Plan Development the day and year first written
above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwig 1=. Srock, Clerk
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By 4)"",,-, d ..'-
Donna Fiala, Chairman
A3:!o;:4"t ounty Attorney
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Print Name
Post, Buckley. Schuh & Jerniqan. Inc.
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By -e/M:YP~/E
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Elliott L. Grosh, Sr. Vice pres:ident
Typed Name and Title
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SCHEDULE A
Collier County Watershed Model Update and Plan Development
Phase 1 Scope of Work
Hydrodynamic Model Update, Topographic Data Development and Data Management,
and Water Quality/Ecological Assessment
INTRODUCTION
Following is the proposed scope of work budget and schedule to conduct the modeling and preliminary
planning tasks for the County's Watershed Model Update and Plan Development.
SCOPE OF WORK
The proposed scope of work for this project has been divided in 5 work elements, as follows:
Element Element Description
1 Initial Model Comparison and Estimate of Flow to
Estuaries
2 Topographic Data Development and Data
Management
3 Development and Calibration of CC EMC Model
4 Water Quality /Ecological Assessment of Lake
Trafford and the Gordon River Extension
5 Project Management and Meetings
Following are descriptions of the tasks included in each work element.
Phase 1: Model Update and Storm Analysis
Element 1-lnitial Model Comparison and Estimate of Flow to Estuaries
Task 1- literature Review related to flows in Collier County,
In this task, the PB5&J/DHI team will prepare a summary of literature regarding historical and
current flow regimes in Collier County, This will include works by the 5FWMD, the U.5. Fish and
Wildlife Service, FDEP, Collier County, and others.
Task 2 - Obtain Model s for Existing Conditions (Year 2000), Natural System (pre-development)
Condition, and Future Condition.
In this task, the PBS&J/DHI team will obtain model setup files for MIKE SHE models previously
developed for the Big Cypress Basin. For purposes of this task, specific models to be obtained
include the Big Cypress Basin Project Implementation Report (BCB PIR) MIKE SHE model, the
BCB Natural Systems model (BCB NSM), and the BCB Future Conditions Model (BCB FCM),
These models have identical model domains and were run for the same 13-year period using
meteorological data from 1988 through 2000. The PB5&J/DHI team will run the simulations to
produce results that will be used for comparative purposes. It is assumed that these models and
the model results are readily available from the South Florida Water Management District.
Task 3 - Develop Comparison Plots.
In this task, the PBS&J/DHI team will use the generated results from the BCB PIR, BCB NSM, and
BCB FCM models for comparison purposes. This effort will focus on comparing predicted flows
to the estuaries and average wet and dry season water levels.
For purposes of this preliminary evaluation, comparisons will be made for the 13 year simulation
period of the PIR and NSM MIKE SHE models developed for the BCB. The following comparison
plots will be generated:
. Flow to Estuaries. Individual time series of predicted flow will be generated for each of the
modeled channels that discharge to the estuaries for the 13 year simulation period. It is
recognized that the BCB NSM includes only a few flow ways.
. Water Levels. Average wet and dry season water level maps will be generated for each of
the models to evaluate hydrologic conditions.
. Groundwater Levels. Groundwater results can be evaluated in several ways, either as
spatially distributed maps, or as profile views, or as time series at specific locations. For this
evaluation, results will be generated as spatially distributed maps showing the average
annual, average wet season, and averaged dry season groundwater elevation in the surficial
aquifer. Comparative maps will be generated by subtracting the PIR results from the NSM
results.
. Water Budgets. The PBS&J/DHI team will develop water budgets for each basin and for the
entire county for the BCB PIR, BCB NSM. and BCB FCM models. The water budget will model
inflows such as rainfall and groundwater, and outflows such as evapotranspiration, runoff,
groundwater infiltration, groundwater withdrawals, and groundwater flux to estuary
boundaries.
After review of the comparative maps, 10 locations will be selected to illustrate effects in areas
affected by canal or water withdrawals and individual time series of groundwater elevation
resuits for the surficial aquifer will be extracted from the BCB NSM and BCB PIR models. Plots
will be generated that compare the predicted groundwater elevations from each model relative
to each other and the ground elevation specified in each model.
Task 4 - Prepare Technical Memorandum.
The Technical Memorandum will include the following:
. Summary discussion of available literature related to flows and average wet season water
level assessments of Collier County
. Model descriptions and discussion of model
. Comparative results for discharge to the estuaries
. Comparative results for average wet season water level analysis
. Comparative results for groundwater analysis
. Water Budget results
. Summary of identified differences between the models related to depth of overland flow,
aquifer drawdown, and average seasonal water levels.
Erement 2 - Topographic Data Development and Data Management
Task 1- Digital Terrain Model (DTM) Generation
Work will consist of processing area of new LiDAR for Collier County (approximately 1250 tiles)
for creation of Digital Terrain Model with breaklines based on SWFWMD standards and
supported by SFWMD. The deliverable will be the processed LiDAR and breaklines in OTM's.
Task Z - DEM Generation
Work will consist of the following subtasks:
a. Creation of 5-foor by 5-foot horizontal grid raster DEMs from the DTMs generated in Task 1
for Quality Control review and for definition of drainage and watershed boundaries. The
elevation within each grid cell will be the average of the LiDAR elevations within each celi.
The vertical error is expected to be:t 3 inches. The deliverable will be 5-foot horizontal
raster Digital Elevation Models (DEM) derived from the terrain.
b. Creation of a regional raster DEM and two detailed area raster DEM's for MIKE SHE
modeling purposes.
Task 3 - Subbasin Delineation
Work will include re-delineation of subasins for consistency with the DEM. The level of detail will
be the same as currently available from the County's subbasin map, but the new subbasin
dividers will follow the new DEM topography.
Task 4. Data Management:
Work will consist of the following sub-tasks:
a. Collaboration with the County and the project team to establish a project geodatabase (ESRI
format) that is compatible with SFWMD geodata standards and supports all data required
for the modeling.
b. Loading, integration and management of GIS model data and time-series (observations and
modeled results).
c. Loading, integration and management of all other project spatial data and supporting tables,
including water quality.
The deliverable will consist of databases in ESRI geodatabase format.
Element 3 - Development and Calibration of CC ECM Model
Task 1- Review current model applicability
In order to identify existing model shortcomings with respect to the current objectives, we will
first review the existing model. Models are built with different objectives in mind, different
calibration criteria, and different data. As such, a review of the basic framework of the existing
model will aid us in determining how much work we might anticipate occurring in future tasks;
allowing us to maintain schedule and budget. Ifthere are significant issues with respect to the
current objectives and the existing model, we will immediately notify the County, as this may
bring about changes in scope or scheduie.
Task Z . Meteorological data
The existing MIKE SHE/MIKE 11 models of the Big Cypress Basin (BCB) use spatially distributed
rainfail and reference evapotranspiration (ET) data developed by the South Florida Water
Management District (SFWMD). These data have a resolution of 2-miles and contain data
through December 2000. For the Collier County model (CCM), the PB5&J/DHI team proposes to
replace the rainfall data used in the seB models by available 1.2-mile resolution NEXRAD radar
dataset from the SFWMD for the current decade. This data is available for the period from
January 2002 - October 2007. DHI has already obtained this dataset for other projects and has
developed a utility to process the data into the grid format required by MIKE SHE. The utility is
capable of averaging the raw 15-minute data to any lower frequency time step (hourly, daily)
and adapt it to any area covered by the dataset (including Collier County) and any grid size. In
addition, the utility can add corrections made to specific locations and time periods to the
rainfall file without having to regenerate the entire datase!. The consistency of this data with
gage data has been tested by DHI for the Lee County area obtaining comparable monthly
volumes. A similar procedure can be followed for Collier County as part of the data processing
for this project. A check of a recent significant storm event will be made by comparing the
NEXRAD generated data set against an observation station.
Reference ET data will also be developed in a spatially distributed format. This data is referred
to as Satellite Based Estimation of Potential ET and Reference ET. This data is available from the
SFWMD for the period 1995 -October 2007. The PBS&J/DHI team proposes to use this data
source to develop distributed ET data for use in the CCM.
Task 3 - ECM land Use and Vegetation Data
The existing BCB models utilize land use data for the year 2000 acquired from SFWMD and
classified per Florida Land Use, Land Cover Classification System (FLUCCS). For this project, the
PBS&J/DHI team will obtain the most recent FLUCCS data (year 2004). The PBS&J/DHI team will
then review the most recent aerial photography of the County to update the land use map for
existing conditions. This data will also aid the estimation of other land use related distributed
parameters such as overland roughness coefficients for vegetated and paved areas, drainage
parameters, and detention storage. The land use/vegetation map also determines the spatial
distribution of vegetation parameters and links specific parameters such as leaf area index,
rooting depth and crop coefficients to the model to calculate actual evapotranspiration.
For the areas where individual grid cells are believed not to represent adequately land use
characteristics, a Paved Runoff Coefficient will be used to better represent hydrologic
conditions. The use of the coefficient increases the simulated runoff volume, thus reducing the
volume of water available for infiltration and subsequent evapotranspiration. For post-1990
large developments of particular interest to Collier County, the PBS&J/DHI team will apply
advanced modeling techniques to address site specific water management criteria defined by
SFWMD Environmental Resource Permits. This approach will facilitate efficient model
modifications based on specific permitted conditions.
Task 4 - EeM Agricultural Irrigation Updates
The irrigation component in the CCM MIKE SHE/MIKE 11 model will be modified to reflect
changes in water used for irrigation since 2000. Modifications will be made based on the new
land use distribution map and aerial photos. The BCB model currently distributes irrigation by
applying water to individual grid cells coded for each land use or crop. The distribution rate and
method is based on vegetation properties and soil moisture requirements for each type of
agriculture in the land use map. The current method relies on generalized parameters and may
be improved with actual irrigation rates and volumes if such data is available, We will review
and update the permit information for agricultural areas within the model domain with respect
to available permit data. This information will be obtained from the SFWMD Permitting Portal
database, the United States Army Corps of Engineers (USACE), and Collier County.
Task 5 - ECM Ground Water Withdrawal Data
Development of an accurate ground-water withdrawal database for the (eM is essential for the
success and the efficiency of the ground-water calibration process. The most current and
complete ground-water withdrawal information availa ble will be incorporated into the model.
Ground-water withdrawal rates for each of the permitted potable water supply utilities will be
updated in the most current withdrawal data. If withdrawal rates for other uses are available, it
will be added to the model. Withdrawal rates for individual wells will be used where available.
For well fields that only report monthly totals, well field withdrawals will be equally distributed
to individual wells. In the event that recent data is not available for some wells, it will be
assumed that the monthly ground water withdrawal data in the current model database is a
reasonable estimate of continued withdrawals. Additionally, residential wells used for potable
water supply and domestic irrigation will be reviewed and updated with available withdrawal
data. The PBS&J/DHI team will coordinate with Collier County to establish pumping rates,
identify source aquifers and estimates of water volumes returned to the ground-water from
irrigation and septic system recharge.
Task 6 - ECM Topographic Data and Extend Catchment
The CCM will use updated topographic data developed from Light Detection and Ranging
(UDAR) surveys provided by Collier County for the proposed extended model domain. It is
anticipated that this data will be available in December 2008. Collier County has indicated that
the source L1DAR data will be available at a i-Foot resolution. For the topographic model input,
the UDAR data will be processed to a SOO-feet grid using ArcGIS averaging toois and converted
to the MIKE SHE grid format. The SOO-feet topography can be used on both, the larger IS00-
feet cell model and if necessary, the SOO-feet urban sub-model (for the areas west of Everglades
Blvd.) and EcoLab water quality models. The new high resolution topographic data will be used
to delineate the sub-catchments for use in the Watershed Management Planning phase of the
project as well. For those areas of the model domain dominated by natural channels, the high
resolution L1DAR data will facilitate the development and updates of river cross-sections and
flood plain delineations in lieu of survey data.
Task 7 - ECM Subsurface Model Update
The CCM will include an updated and expanded ground-water component. The ground-water
modeling will an extensive review and incorporation of available data from the United States
Geologic Survey (USGS), SFWMD, USACE, City of Naples, Lee County, and Collier County and
other sources of data pertaining to the monitoring and development of ground-water resources
in the vicinity of Collier County. Grid files for the existing three layers of the BCB model (water
table aquifer, Lower Tamiami aquifer, Sandstone aquifer) will be extended to encompass the
proposed CCM model domain. Considerable effort will be made to address the communication
between the surface water network, the overland flow plain and the three layers of the ground-
water component. The groundwater component of the integrated model may be updated as
necessary to include a deep aquifer (Hawthorn) and intermediate confining unit.
Task 8 - ECM Definition of Boundary Conditions
The existing BCB model relies on well data for the northern portion of the ground-water
boundary but a iack of well data in the east and southeast will require a different approach. The
Southwest Florida Feasibility Study (SWFFS) regional MIKE SHE/MIKE 11 model may be used to
extract time-varying sub-surface boundary conditions that represent an average seasonality.
The SWFFS model results are available for the 10-yr period of 1990-1999. In order to use these
results for any time period, DHI has developed a tool that can average distributed time varying
MIKE SHE results for any time period and for any frequency. For example, the 10 years of the
SWFFS ground-water daily results can be doubled averaged into one year uSing S-day period.
The one year generated can be repeated for all the years of the simulation period in the CCM.
The same procedure can be used for the three computational layers of the ground-water model:
the water table, lower Tamiami, and Sandstone aquifers. Along the western boundary, tidal
station data will be used to define the boundary conditions.
Surface water boundaries will be modified as necessary to accurately represent surface water
sources and connections.
Task 9 - ECM Definition of Initial Conditions
Results from preliminary model runs will be used to establish the initial conditions. The initial
condition will represent an approximate condition of stage and ground-water heads with
respect to observed conditions for the starting date of the simulation. In order to reduce any
errors associated with assumed initial conditions} a warm up period of at least one full wet
season will be added to the beginning of each subsequent simulation.
Task 10 - ECM Hydraulic Model Updates
The eXisting BCB network includes many of the natural rivers, primary canals, and numerous
structures maintained by the SFWMD. PBS&J/DHI team will update the surface water network
to reflect additions of new or redesigned structures and modifications to existing structure
geometries and operations based on information from the SFWMD BCB office and 2008
Structure Operations Manual for the Big Cypress Basin. For the calibration effort, structure
operations will be updated to be controlled with recorded data from water level gages and
historical gate operations. For the final CCM, the structures will updated to be operated
through detailed strategies based on the SFWMD published operation rules and management
policies.
The PBS&J/DHI team will collaborate with SFWMD and the County to update the surface water
network to include pertinent features maintained by Collier County that is not currently
included as a part of the SFWMD system. The inclusion of County maintained canals and
structures will be dependent on criteria established with the County. Engineering drawings and
survey data will be used to describe channel cross-sections, structure geometries and operations
where such data is available. The additions will be prioritized to add problem areas first such as
Gordon River, and Lely District 6. As with the SFWMD structures, the model will be calibrated
with operational controls that are primarily based on recorded data; the final model will utilize
operational rules established by Collier County water management policy.
Task 11 - ECM Observation Data
To assess performance of the CCM} observation data sets within the ceM model domain will be
extended through 2007 using data collected from the USGS, SFWMD, Lee County and Collier
County. This will include stage and flow monitoring time series data from within the canal
network, ground-water elevation time series data from observation wells, and historic structure
operation time series data. The data will processed into the MIKE SHE compatible format and
added to a MS Access database file.
In addition, available hydro-period data and the County's Flood Complaint Database will be
obtained. This information will be used for qualitative comparisons during the model calibration
process.
Task 12 - Model Calibration
The CCM will be run for the period from 2003 through October 2007. After performing initial
simulations to determine if the CCM is configured correctly and numerically stable, the
PBS&J/DHI team, will develop a calibration plan. The calibration plan will establish the targets
and goals of the calibration process with respect to the availa bility and quality of the
observation data, and to identify specific tasks that will be completed during the model
calibration. After developing an agreed upon list of potential calibration activities and
calibration targets, the PBS&JjDHI team will prioritize the calibration activities and reach written
agreement with Collier County on those calibration activities that can be completed within the
allocated schedule and budget.
The calibration effort will be performed in two stages. During the first calibration stage, the
PBS&J/DHI team will workto calibrate the model on a county-wide basis. Atthe end of this
effort, results will be compared to the targets and they will be reviewed with the County.
During the review process, areas of the model that may need improvement will be identified. If
the County determines that additional effort is needed to improve calibration in specific areas of
the model, these efforts will be completed during a second calibration stage.
Previous calibration of the BCB model compared stage at 47 monitoring stations, typically at
head water gages and tail water gages for primary structures. The BCB model also compared
discharge at 6 structures. The addition of new structures and new monitoring gages will be
evaluated and incorporated into the ceM as agreed upon commencement of the model
calibration. Likewise, 38 monitoring well locations are identified in the existing Bea model and
predominately monitor head in the surficial aquifer. These welts are concentrated in the
northern and western portion of the model domain. Some of these wells have been abandoned
since 2000 and may not be available for the CCM calibration. SFWMD installed 15 shallow wells
in the South Golden Gate Estates area during the past three years that are not included in the
existing BCB model. A complete inventory of available welts will be carried out to determine the
applicability of each well in the CCM.
For complex surface water networks such as in the BCB model, the calibration effort may
require the operation of structures to reflect actual, historic records of gate openings and water
levels. By linking the structure operations to the historic record, the abifity of the model to
perform correctly can be verified. This process reduces the uncertainty inherent in applying
operational rules which may not always be applied in the actual operation of the structures.
The PBS&J/DHI team will implement a combination of operations based on observed conditions
and operational rules during the calibration period to establish confidence in the performance
of the model. Upon the completion of model calibration, all control structures will use the
established rules. This final model will be an existing conditions model used as the baseline for
the future conditions scenarios.
Task 13 - Development of Storm Event Simulations
The SFWMD has developed ma ps for the entire SFWMD area that distribute the estimated
volume of rainfall produced by storms of several frequencies (5, 10, 25, and 100-year). The
SFWMD has also developed the temporal distributions for the 24-hour and 3-day duration
storms. DHi will use a tool that generates a spatially distributed, time varying file in the MIKE
SHE grid format from the data provided by the SFWMD.
Besides, the addition of the design rainfall, the development of design storm models typically
requires a reduction of model time steps, the generation of hot-start data from longer
simulations, and saving of model results at higher frequencies than the longer simulation.
MIKE SHE is capable of producing different types of results that facilitate the evaluation of the
design storms. Some examples of the types of results are: maximum overland water depths
maps, maximum water table elevations maps, time series of water levels and flows at locations
interest, surface water elevation profiles, and animated videos of the storm for surface and
ground-water results.
The calibrated CCM model will be applied to evaluate 4 established storm events. These will
include the 5 year, 24-hour event; the 10 year, 24-hour event; the 25 year. 72-hour event; and
the 100 year, 72-hour event. Initial conditions for these assessments will be the SFWMD
antecedent moisture conditions. The results will be processed and reported to the County for
evaluation and planning purposes.
Task 14 - Levels of Service Analysis and Basin Discharge Rates
The results of the design storm event simulations will be used to evaluate the flood protection
levels of service (LOS) standards associated with road access and structurai flooding. Currently
available County LOS criteria will be used if available. Otherwise, LOS criteria that consider types
of roads and accessible flooding depths will be developed in coordination with the County. The
product of this analysis will be a map and a table showing the modeled LOS conditions.
The design storm event simulation results will also be used to assess basin discharges by design
storm event. Comparisons will be made among all basins, as well as with the results of the
continuous simulation model. During this process, the PBS&J/DHI team will develop a water
budget forthe revised ESM. Conclusions and recommendations regarding basin discharges will
be provided.
Task 15 - Task Reporting
A comprehensive report that details the model developed during the project will be prepared.
The report will include the following items:
. Detailed summary of the data sources used to develop the CeM MIKE SHE/MIKE 11
model
. A detailed description of the modifications made to develop the CCM.
. Discussion of calibration activities and the modified parameters.
. Comparison of simulated and observed data for the period from 2002 through 2006
for the CCM.
. Design storm simulation results and LOS/basin discharge analysis
. Problem summary for flooding, aquifer drawdown, and seasonal water levels,
A DRAFT report will be developed and submitted to Collier County in electronic form for their
review. Electronic copIes of all model input and output files will be provided with the draft
report.
After receipt of comments from Collier County, a response to comments letter will be prepared
and submitted to Collier County in electronic form. A final report will be prepared after Collier
County approves the response to comment letter. Electronic copies of any model input and/or
output files that changed since submittal of the draft report will be provided.
Element 4 - Water Quality /Ecological Assessment of lake Trafford and the Gordon River Extension
The water quality modeling task will focus initially on lake Trafford and the Gordon River
Extension. The purpose of this task is to assess the hydrologic/hydraulic, chemical and ecological
conditions in those water bodies prior to development of the water quality model, such that
water quality process can be appropriately simulated in ECOLab. In addition, recommended
ranges of kinetic water quality parameters applicable to Lake Trafford and Gordon River
conditions will be defined for input into the water quality models.
Lake Trafford and the Gordon River Extension have been declared TMDL impaired for nutrients
and dissolved oxygen (DO), respectively. For Lake Trafford, FDEP has produced a linked pollutant
loading model- water quality model based on the NUTRX module of the Hydrological
Simulation Program-FORTRAN (HSPF) model. While the TMDL report (FDEP 2008) had a fairly
good fit between modeled and measured levels of chlorophyll-a, when comparing average
values for the time period of 1998 to 2007, modeled chlorophyll-a values in the worst water
quality years (i.e., 1998 and 1999) were 40 to 50 Ilg/L lower than measured values. These
results suggest that the existing model may not adequately reflect "worst case" scenarios. A
preliminary examination of water quality data suggests that levels of total nitrogen (TN) in lake
Trafford are sufficiently high to suggest that blue-green algae dominated the lake, at least in the
1990s. If that is the case, a number of assumptions and algorithms in the NUTRX model may not
reflect the unique nutrient physiology of blue-green algae in subtropical waters. As such,
proposed influences of internal V5. external loads may not be appropriately accounted for.
Similarly, the classification of the Gordon River extension (WBID 3278K) as "impaired" for DO
may not fully be an expression of a human-induced condition. While the water body does not
meet the DO standard, the link to a human cause is not entirely compelling. The proposed basis
for a nutrient-related link between DO and nutrient loads was that an inverse relationship was
found between DO and total nitrogen (TN) - implying increased nitrogen loads were depressing
levels of DO. However, the highest median TN value in the TMDL report was less than 0.9 mg/L,
which itself is significantly less than the median value for Florida streams of 1.2 mg/L. In
addition, the event mean concentration (EMe) value of TN for "Forested/Rural Open" land use
(Table 4.4 of the Gordon River TMDL report; FDEP 2008) is shown as 1.09 mg/L. Thus, it appears
that the highest median TN value from the Gordon River, used to establish TN as the "cause" of
low DO values, is less than the concentration of nitrogen thought to be found in runoff from an
undeveloped landscape.
The PBS&J/DHI Team will complete the following tasks during this assessment:
Task 1 - Review of IWR data
This task will include:
. Review of IWR databases, related to both verified and planning lists and identify
suspect data points wherein data entry errors are suspected as a significant issue,
and
. Identification of potential conditions and/or locations where "impairment" is
possibly related to natural conditions of the physical setting of the WBID itself.
Task 2 - Review and Development of Hydrologic and Hydraulic Parameters
FDEP established the TMDL for Lake Trafford based on an HSPF model that simulated
eutrophication processes in the water body. However, HSPF is a hydrologic model and generally
does not account for storage conditions in the watershed. That may lead to erroneous results
when that factor is significant, particularly in areas of extensive wetland systems. Also, the
storage factor was not considered in the TMDL development for the Gordon River Extension
even though the watershed includes numerous storage facilities associated with golf courses
and urban development. The objective of this task will be to identify hydrologic/hydraulic
conditions in the Lake Trafford and Gordon River watersheds that must be considered in detail
in the development of the MIKE SHE model.
Task 3 - Review and Development of Water Quality Parameters
For the Lake Trafford TMDL water quality modeling, FDEP assumed values of the numerous
water quality kinetic variables associated with Lake Trafford. In addition, assumptions were
made regarding the event mean concentrations for land use loads. For this task, the values of
those variables and assumptions will be reviewed based on the ecological assessment of the
water body and an examination of factors that affect DO, nutrient, and chlorophyll a
concentration such as phytopiankton species, tannins, turbidity and others for proper ECOLab
modeling. The Gordon River Extension TMDL analysis by FDEP was based on regression analysis.
Water quality modeling of the system will require establishing the values of kinetic parameters,
land use loads, and watershed treatment. Work on this task will encompass determination of
the parameters to be considered for detailed ECOLab water quality modeling.
Task 4 - Prepare Technical Memorandum.
. The Technical Memorandum will include a summary discussion of the findings for each task
as well as recommendations for any subsequent ECOLab modeling.
Element 5 - Project Management and Meetings
This element will include general project management and coordination activities, as well as
development of progress reports and invoicing. Each monthly invoice will be accompanied with
a brief progress report indicating our schedule progression and any milestone accomplishments.
PBS&J/DHI will participate in one meeting at the County offices and two meetings at the PBS&J
offices in Tampa.
Phase 2: Watershed Management Plan Development - Details to be developed later
PROJECT SCHEDULE AND BUDGET
This work associated with the proposed scope will be completed by September 30", 2009 so as to allow
development of main planning activities to be completed in January 2010. A project schedule by task is
attached as Figure 1. it has been assumed that the Notice to Proceed will be received by March 2"',
2009. The cost estimated to complete the work is $575,736.95. This cost includes a 5% mark-up on
subconsultant work. The PBS&J labor rates are shown in the attached Table 1. A detailed hourly cost
breakdown is shown in the attached Table 2.
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
Mac Hatcher
Environmental Specialist
Collier County Government
2800 N. Horseshoe Drive
Naples, Florida 34104
2. COMPENSATION TO CONSULTANT
8.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have
been completed to OWNER'S reasonable satisfaction.
ITEM LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE
1 Initial Model Comparison and
Estimate of Flow to Estuaries
1.1 Literature Review $5,610.00 Lump Sum on Task Completion
1.2 Obtain Models and Model Results $2,520.00 Lump Sum on Task Completion
1.3 Prepare Comparative Plots $12,004.00 Lump Sum on Task Completion
1.4 Prepare Technical Memorandum $8,212.00 Lump Sum on Task Completion
2 Topographic Data Development
and Data Manatlement
2.1 Toooaraohic Data Develooment
2.1.1 LAS to mass points - 1250 tiles, $6,732.00 Lump Sum on Task Completion
approx. 1 billion LiDAR points
2.1.2 Create terrain from LiDAR, Metadata $8,080.00 Lump Sum on Task Completion
2.2 Create Raster DEMs fromTerrain
2.2.1 Define and create raster OEMs for $5,903.00 Lump Sum on Task Completion
QAQC and drainaae features
2.2.2 Define and create raster OEMs for $1,515.00 Lump Sum on Task Completion
modelina
2.3 Subbasin Delineation $9,138.00 Lump Sum on Task Completion
2.4 Data Manaaement
2.4.1 Database desian $6,21500 Lump Sum on Task Completion
2.4.2 Load, manaae, document data for $7,109.00 Lump Sum on Task Completion
___--U.-.1
modelina
2.4.3 Load, manage, document all other $2,296.00 Lump Sum on Task Completion
data
3 Development and Calibration of CC
EMC Model
3.1 Review current model applicability $6,628.00 Lump Sum on Task Completion
3.2 Meteoroloaical Data 12002-20061
3.2.1 NEXRAD Precipitation available from
district
3.2.1.1 Conversion to MIKE SHE format $3,006.00 Lump Sum on Task Completion
3.2.1.2 QA via station data $524.00 Lump Sum on Task Completion
3.3 Satellite generated RET - likely more
extensive than previous estimates
3.3.1 Conversion to MIKE SHE format $3,244.00 Lump Sum on Task Completion
3.3.2 QA via station data $524.00 Lump Sum on Task Completion
3.4 ECM land use and veaetation data
3.4.1 Review spatial extents of existing land $1,418.00 Lump Sum on Task Completion
use grid files from previous models
and new sources adjust to cover new
model domain.
3.42 Convert 2004 data from SFWMD, $5,517.00 Lump Sum on Task Completion
plus other sources, of shapefile with
FLUCCS codes to MIKE SHE land
use codes Idfs21.
3.4.3 Update Land Use Map and Generate $4,393.00 Lump Sum on Task Completion
the land use related files
Generate Mannina's M ~rid - Lump Sum on Task Completion
3.4.3.1 $698.00
3.4.3.2 Generate detention storaae arid $698.00 Lump Sum on Task Completion
3.4.3.3 Generate paved runoff coefficients $480.00 Lump Sum on Task Completion
(area)
3.4.3.4 Generate draina~e depths $698.00 Lump Sum on Task Completion
3.4.3.5 Generate drainaae time constants $754.00 Lump Sum on Task Completion
3.5 Generate veaetation properties $1,234.00 Lump Sum on Task Completion
3.5.1 Update veaetation time series $1,234.00 Lump Sum on Task Completion
3.5.2 Update root depth, leaf area index, $3,126.00 Lump Sum on Task Completion
and crop coefficients
3.5.3 Update Evapotranspiration $3,244.00 Lump Sum on Task Completion
parameters
3.6 ECM aaricultural irriaation updates
3.6.1 Collect and review permit data from $7,478.00 Lump Sum on Task Completion
USACE, SFWMD, and Collier County
3.6.2 Generate irrigation command areas $6,360.00 Lump Sum on Task Completion
with respect to updated permit data
3_7 ECM Qround water withdrawal data
3.7.1 Collect and review permit data from $7,330.00 Lump Sum on Task Completion
USACE, SFWMD, and Collier County --
3.7.2 Generate well database
3.7.2.1 Define public water supply wells - $3,628.00 Lump Sum on Task Completion
coordinates, GS elevation, depth, TS L.....____ - _..,--
R 7
3.7.2.2 Define domestic supply wells - no $4,152.00 Lump Sum on Task Completion
return to aroundwater
3.7.2.3 Define domestic supply wells - return $4,152.00 Lump Sum on Task Completion
to aroundwater
3.8 ECM Topographic Data and Extend
Catchment
3.8.1 Define catchment and discretization $1,866.00 Lump Sum on Task Completion
3.8.2 Define topoaraohv $524.00 Lump Sum on Task Completion
3.9 ECM Subsurface Model
Develooment
3.9.1 Unsaturated zone
3.9.1.1 Define unsaturated flow oarameters $2,078.00 Lumo Sum on Task Completion
3.9.1.2 Review and update soil profile $2,078.00 Lump Sum on Task Completion
definitions
3.9.2 Saturated zone
3.9.2.1 Evaluate need for additional model $3,962.00 Lump Sum on Task Completion
lavers (Hawthorn or deeoer)
3.9.2.2 Uodate hvdroaeoloaic oarameters $5,470.00 Lumo Sum on Task Comoletion
3.9.2.3 Uodate leakance coefficients $2,862.00 Lump Sum on Task Comoletion
3.9.2.4 Update drainage codes and $12,780.00 Lump Sum on Task Completion
seoarated flow areas
3.10 Define Boundary Conditions
3.10.1 Establish groundwater boundary $6,645.00 Lump Sum on Task Completion
conditions
3.10.2 Establish surface water boundary $3,865.00 Lump Sum on Task Completion
conditions
3.11 Define Initial Conditions
3.11.1 Establish groundwater initial $3,084.00 Lump Sum on Task Completion
conditions
3.11.2 Establish surface water initial $1,657.00 Lump Sum on Task Completion
conditions
3.12 ECM hvdraulic model uodates
3.12.1 Incoroorate new SFWMD structures $6,984.00 Lumo Sum on Task Completion
3.12.2 Incoroorate secondarv canals $9,600.00 Lumo Sum on Task Completion
3.12.3 Incoroorate secondarv structures $9,600.00 Lumo Sum on Task Comoletion
3.12.4 Define operational criteria for $12,960.00 Lump Sum on Task Completion
structures (rules vs. observed)
3.13 ECM Observation Data
3.13.1 Incorporate additional SFWMD, $11,46000 Lump Sum on Task Completion
USGS, and Collier and Lee County
wells. Update all time series for
existina model wells.
3.13.2 Incorporate additional SFWMD, $9,600.00 Lump Sum on Task Completion
USGS, and Collier and Lee County
gages Update all time series for
existina model aaoes.
3.13.3 Develoo MS Access Database $4,616.00 Lumo Sum on Task Completion
3.14 Model Calibration
314.1 Analyze data to define calibration $10,686.00 Lump Sum on Task Completion
metrics and approach
n 1
3.14.2 Stage 1 - Calibrate structures based $25,220.00 Lump Sum on Task Completion
on observed operations/observed
data
3.14.3 Stage 1 - Calibrate groundwater $29,900.00 Lump Sum on Task Completion
oortion of the model
3.14.4 Stage 2 - Calibrate structures based $19,200.00 Lump Sum on Task Completion
on observed operations/observed
data
3.14.5 Stage 2 - Calibrate groundwater $21,440.00 Lump Sum on Task Completion
oortion of the model
3.15 Develop and Simulate 4 Storm
Events .
3.15.1 Develop 5, 10, yr events for 24 hrs $5,088.00 Lump Sum on Task Completion
and 25, 100 vr events for 72 hrs
3.15.2 Running the 4 storm event $8,056.00 Lump Sum on Task Completion
simulations, includina oostorocessina
3.16 Levels of Service Analysis and $8,708.00 Lump Sum on Task Completion
Basin Discharae Rates
3.17 Task Reoortina
3.17.1 Phase 1 - Hydrodynamic Model $29,936.00 Lump Sum on Task Completion
Development and Calibration DRAFT
Reoort
3.17.2 Phase 1 - Hydrodynamic Model $7,288.00 Lump Sum on Task Completion
Development and Calibration FINAL
Reoort
3.17.3 QC of Hvdrodvnamic Model $9,980.00 Lumo Sum on Task Comoletion
4 WQ / Ecological assessment of
lake Trafford and Gordon River
Extension
4.1 Review of IWR Data $11,212.00 Lump Sum on Task Completion
4.2 Review and Development of H&H $10,734.00 Lump Sum on Task Completion
Parameters
4.3 Review and Development of WQ $25,760.00 Lump Sum on Task Completion
Parameters
4.4 Technical Memorandum $8,934.00 Lumo Sum on Task Completion
5 Proiect Manaaement and Meetinas
5.1 Kick-off Meetina $5,190.00 Lumo Sum on Task Completion
5.2 General Project Management and $27,144.00 Lump Sum on Task Completion
Coordination
5.3 Meetings (1 meeting in Naples, 2 $13,736.00 Lump Sum on Task Completion
meetinas at PBS&J Tamoa)
6 Software Cost - MIKE SHE/MIKE $21,505.00 Lump Sum on Task Completion
11/ECOLab
7 Subconsultant - 5% markup on $18,474.95
$369,499
TOTAL FEE $575,73695
nil,>
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of five hundred
seventy-five thousand seven hundred thirty-six dollars and ninety-five cents ($575,736.95)
to be paid to CONSULTANT for the performance of the Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner. Additionally, the
number of the purchase order granting approval for such services shall appear on all
inVOices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
--.__,__---11..5. _.. ,__
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
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 OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.4.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
-~.._..~..
Attachment 1
PBS&J Hourly labor Rates
Collier County Watershed Model Update and Plan Development
RFP #08-5122
labor Category
Hourlv rate
Technical Director $ 200.00
Project Manager $ 185.00
Oeputy Project Manager $ 158.00
Sr. Engineer III $ 131.00
Sr. Engineer II $ 109.00
Sr. Engineer I $ 99.00
Engineer II $ 86.00
Engineer I $ 72.00
GIS Project Manager $ 142.00
GIS Sr. Professional $ 135.00
GIS Professional II $ 105.00
GIS Professional I $ 79.00
Sr. Planner $ 122.00
I . Planner II $ 88.00
Planner I $ 79.00
Sr. Environmental Scientist III $ 152.00
Sr. Environmental Scientist II $ 112.00
Environmental
ScientisUEcologist $ 89.00
Staff Environmental Scientist $ 69.00
Sr. Hydrogeologist $ 159.00
Hydrogeologist II $ 111.00
Hydrogeologist I $ 74.00
CADD Designer $ 56.00
Administrative Assistant $ 62.00
Clerical $ 46.00
Survev Field Crew $ 155.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm on a project by
project basis as needed.
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SCHEDULE 0
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONSULTANT has any self-insured retentions or
deductibles under any of the below listed minimum required coverages, CONSULTANT must
identify on the Certificate of Insurance the nature and amount of such self-insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
1l-1
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days
after demand, OWNER has the right to offset these costs from any amount due CONSULTANT
under this Agreement or any other agreement between OWNER and CONSULTANT. The
OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for
the coverages purchased or the insurance company or companies used. The decision of the
OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
])-2
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement?
X Yes
--
No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
x
--
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
/
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_Applicable _X_ Not Applicable
D-3
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
DA
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable _x_Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
_ Applicable _x_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement?
X Yes
No
D-5
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
_X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement?
X Yes
No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
_ $1,000,000 each claim and in the aggregate
_X_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
D-6
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating
or reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
D-7
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE 0
0-8
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Post, Buckley, Schuh & Jernigan, Inc. hereby certifies that wages, rates and
other factual unit costs supporting the compensation for the services of the CONSULTANT to be
provided under the Professional Services Agreement, concerning Watershed Model Update &
Plan Development are accurate, complete and current as of the time of contracting.
Post, Buckley, Schuh & Jernigan, Inc.
BY: ~cI~fiLlft.
L , /
~. jJ Ii dGVf--
r- ~. [.,.(, '
TITLE: dd- . ! cE. I2eM
DATE:
~ 110/ D'1
E-I
SCHEDULE F
PBS&J KEY PERSONNEL, SUBCONSUL TANTS* AND SUBCONTRACTORS
Budgeted Percent of
Project Staff Category Project Project Hours
Hours
Moris Cabezas PM 164 3.95
Tim Hazlett !DHI) PM 119 2.87
Marcelo Laao (DHI) Sr. Hvdroaeo. 632 15.23
Tom Farkas Sr. Hvdroaeo. 46 1.11
Dave Tomasko Sr. Env. Scientist III 56 1.35
Ralph Montaomerv Sr. Env. Scientist III SO 1.21
Jack Hampson GIS Proiect Manaqer 25 0.60
Leslie Gowdish GIS Proiect Manaaer 10 0.24
William Walter GIS Sr. Prof. 66 1.59
Peter deGolian Sr. Ena.1I1 365 8.80
Preston Manninq (DHI) Sr. Ena.111 1049 25.28
Allan Willis Sr. Env. Scientist II 102 2.46
Kevin Vouqht !DHI) Sr. Eno.11 806 19.43
Oscar Robavo Sr. Enq.11 48 1.16
Steve Drake GIS Prof. II 122 2.94
Rvan Kilqren !DHI) GIS Prof. II 38 0.92
Kevin Albrecht Sr. Enqineer I 100 2.41
Amv Krebs Env. ScientisU Ecoloqist 40 0.96
Rvan Marron GIS Prof. I 232 5.59
Jana LaFrenier (DHI) GIS Prof. I 40 0.96
Jonathan Gale Enqineer I 14 0.34
Patti Fine Admin. Asst. 25 0.60
T alai Project Hours: 4149
* DHI is PBS&J subconsultant for this project. Their personnel utilization is also listed.
F-l
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-I
ACORQ, CERTIFICATE OF LIABILITY INSURANCE I DA T E (MMIDD!YYj
03/10/09
PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Omaha, NE 68130 INSURERS AFFORDING COVERAGE
n. ------ ---.--------- -~-- ./ /
INSURED INSURER A: Zurich American Insurance Companyj#16535
Post, Buckley, Schuh & Jernigan, Inc. ,
d/b/a PBS&J INSURERB: Zurich American Insuranc@ Company / 11:16535
2001 NW l07th Avenue INSURER c: Steadfaa t Insurance Companyj#26387 ./
Miami, FL 33172-2507 INSURER 0 ----------- ---- -------
--_.._---~_._,-- -. -.-------- .._~._--
I INSURfR E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE 1\l8URED NAM::.D ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONT~ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED IH::REIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CO\lDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCE'] BY PAID CLAIMS.
IN': .-. "'-,,'- -'--~L1C-Y EFFECTIVE POLICY EXPIRATION I -.--.---- --
TYPE OF INSURANCE POLICY NUMBER LIMITS
A ~ERAL LIABILITY pl39.5a_02 i 09/30/08 09/30/09 I~~~~_~CCURRENCE $ 1, 000, 000 ,...
X COMMERCIAL GENERAL LIABiLiTY ~J:.I..~_~~~g~J~l~~r~L $1,000,000
-~';-lCtAIMS MAIJE 0 OCCUR MI:U LXi-> (Anyone person) $ 25,000
~contractual Lia_~~l_~~x:_ PERSONAL & ADV INJURY $ 1, 000, 000
--.J GENERAL AGGREGATE $2,000,000 ./
--9'~ AGG:F~E L1MI~ AI~~~I PER : PRODUCTS - COMPIOP AGG $ 2,000,000
c-
POliCY X ~~,9T X LOC i
B ~TOMOBILE LIABILITY BAP 9139457-02 09/30/08 09/30/0.9 COMBINED SINGLE LIMIT /
$ 2, 000,000
X ANY AUTO (Eaaccident)
-
-- ALL OWNED AUTOS I 801JIL Y INJURY
(Perpemon) $
- SCI1EDULED AUTOS I -.
X lllRLU AUrOS BODILY INJURY
(Per accident) $
X NON OWNED AUTOS
- ------ -. -----_..~-.__.- ._-~-_.
X Contractual Liability PROPERTY DAMAGE
... --------------- ------ ,
(Per accident)
~RAGE "AB"'" AUTO ONLY - FA ACCIDENT $
ANY AUTO OTHER THAN Ell. ACe .J__ ...__.~
i AUTO ONLY AG(,; ,
e EXCESS LIABILITY AUe 508762104 09/30/08 09/30/09 EACH OCCURRENCE _~_.~,~O"~~m~~~_.
~-OCCUR D CLAIMS MADC .
AGGREGATE ....... $_~5,000,0~0
-----
$
=--l ~EDUCTIBLE --..------ ~-- - ---.--
RETENTION ,0 $
A WORKERS COMPENSATION AND we 9139459-02 09/30/08 09/30/09 ~ I_WC STATU~1_J3llt
_ TORY LIMITS __ ER_
EMPLOYERS' LIABILITY -.--- ./
E.L EACH ACCIDENT $1,000,000. -
F.I [)ISFASF: - FA EMPLOYEE $ 1,000,000
E,L DISEASE POLICY LIMiT $ 1,000,000
OIH~R
$
,
,
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Contrac t #08~5122, Watershed Model Update & Plan Development.
Collier County is an Additional Insured on the General L7litY with respect to the operations of the insured on the
above project.
See attached for addi tional wording.
CERTIFICATE HOLDER i I ADDITIONAL INSURED; INSURER Ll::TTER: CANCELLATION
SHOULD ANY OF THE ABOVE OESCRII:lI::O POLlCIt:S Bt:: CANCt:LLI:D BI::~ORE THt: I::XPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ~f(JMAIL ~ DAYS WRITTEN
Board of County Commissioners NOTICE::. 10 THE CE::.Rrl~ICATE::. HOLDER NAMED TO -THE LEFT. EiOt~J(~:(4[~&X
3301 Tamiami Trail East x,;;o~U~ljllllll__~iIoHIll<r~_6JUPliliXr~X/lHlI.1WI1I4t~KX
~~~glXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Naples, FL 34122 AUTHORIZEDREPRESl::::NTA1IVE ~~
I USA
t
ACORD 25-5 (7/97) ganderson
11304629
@ ACORD CORPORATION 1988
Certificate Delivery by CertificatesNOIN - www.ConfirmNetcom-877,669,8600
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97)
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SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
03/10;09
NAME OF INSURED: Post, Buckley, Schuh & Jernigan. Ine.
d/b/a PBS&J
Additional Insured on the General Liability & Auto Liability on a Primary & Non-Contributory basis, including
completed operations nWhere Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per project
Blanket Additional Insured Lessor/Loss Payee on the Auto Liability. Waiver of Subrogation on the General Liability
Auto Liability, and Workers compensation "Where Required by Contract". Umbrella follows form to the Additional
Insureds on the General Liability.
NOTICE OF CANCELLATION WORDING:
SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR
NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE.
supp 110/00)