#10-5402 (Camp Dresser & McKee, Inc.)
REQUEST FOR LEGAL SERVICES
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ITEM NO.: 10.. ~.. D{(nO!
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date:
April 27, 2010
To:
County Attorney's Office
Jeff Klatzkow, County Attorney
From:
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #10-5402 "Immokalee Stormwater Master Plan
Implementation"
Contractor: Camp Dresser & McKee Inc (COM)
BACKGROUND OF REQUEST: "l'p'1
This contract was approved by the BCC on ~i1 13, 2010;
Agenda Item 16.0.8 /.,....
b6S
This item has1not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
This is a standard contract with no changes. Please forward to the
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Brandy Otero, Stormwater
~~
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RLS# lO?U- .Dl CO I
CHECKLIST FOR REVIEWING CONTRACTS
Cc..rv"\f~e.sSe\+- rYl0~~ ,
~
Entity Name:
Entity name correct on contract?
Entity registered with FL Sec. of State?
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &lor Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ \ M; \ \
Products/CompVOp Required ~
Personal & Advert Required $ lJ. I
Each Occurrence Required $
Fire/Prop Damage Required $ SO J
Automobile Liability , \
Bodily Inj & Prop Required $ \ r'"'\ "\ \ Provided $ \ rY'\; \ l
Workers Compensation
Each accident Required $ 500 JL.
Disease Aggregate Required $ ~ ~, I
Disease Each Empl Required $ _ 2~
Umbrella Liability
Each Occurrence Provided $
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability . \ \
Each Occurrence Required $ ~("f'V\ Provided $
Per Aggregate Required $ I /1 1 Provided $
Other Insurance
Each Occur Type: 0. re.,h . "'t€~ .
Frar 'I
County required to be named as additional insured?
County named as additional insured?
~"
~
Provided $ \ VY1 ; '- \
Provided $ L l I I
Provided $ (I I I
Provided $ t{ I l.
Provided $ l oD
Provided $ \ JV\: \ \
Provided $; /J. I I
Provided $
Exp Date
Exp Date
Yes
Exp. Date
Exp. Date
Required $ -er-- Provided $ \ m ~ \ l
/Yes
~Yes
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
0es
Yes
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Yes
Yes
Yes
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, ifnecessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
~~
es
~es
r~~/
es
7
Yes
Attachments
Are all required attachments included?
_No
No
No
No
No
No
Exp. Date ~
Exp. Date
Exp. Date~ II
Exp. Date
Exp. Date
Exp Date ~
Exp Date 4h--
Exp Date /<<- !
Exp Date
o
ce~
c:,~q
No
~
Exp Date # I
No
No
~
_No
No
No
No
No
No
No
No
No
No
~~~ Initials: ~~t jt'D
Date: 'I
04-COA-OJ03/ 2
MEMORANDUM
FROM:
, J1.~
,Q,-~
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
Ray Carter
Risk Management Department
TO:
DATE:
April 27, 2010
RE: Review of Insurance for Contract: #10-5402 "Immokalee
Stormwater Master Plan Implementation"
Contractor: Camp Dresser & McKee Inc (COM)
This contract was approved by the BCC on April 27, 2010; Agenda Item
16.B.5
Please review the Payment & Performance Bonds and Insurance Certificates
for the above referenced contract. If you have any questions, please contact
me at extension 8941 .
Thank you.
dod/RC
C: Brandy Otero, Stormwater
DATE RECEI VED
APR 2 7 2010
RISK ~
~~
it ?-7
. ~
mausen_g
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Tuesday, April 27, 2010 3:26 PM
CummingsRhonda
DeLeon Diana; mausen_g; HerreraSandra; OteroBrandy
Contract 10-5402 "Immokalee Stormwater Master Plan Implementation"
All, I have approved the certificate(s) of insurance provided by Camp Dresser & McKee Inc (COM) for contract 10-5402.
The contract will now be forwarded to the county attorney's office for their review.
Thank you,
Ray
~ Cah.t.c.1L
Manager Risk Finance
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity, Instead, contact this office by telephone or in writing,
1
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CAMP DRESSER & MCKEE INC
Filing Information
Document Number 832235
FEIIEIN Number 042473650
Date Filed 04/23/197;
State MA
Status ACTIVE
Last Event MERGER
Event Date Filed 12/11/2003
Event Effective Date 12/15/2003
Principal Address
ONE CAMBRIDGE PLACE
50 HAMPSHIRE STREET
CAMBRIDGE MA 02139 US
Changed 04/12/2000
Mailing Address
ATTN: LEGAL DEPT.
50 HAMPSHIRE STREET
CAMBRIDGE MA 02139
Changed 04/12/2000
Registered Agent Name & Address
C T CORPORATION SYSTEM
8751 WEST BROWARD BLVD.
PLANTATION FL 33324 US
Officer/Director Detail
Name & Address
Title CHB
FOX, RICHARD D
50 HAMPSHIRE STREET
CAMBRIDGE MA 02139
Title S
LACKMAN, JAMES S
50 HAMPSHIRE STREET
CAMBRIDGE MA 02139
Title P
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MANNING, JOHN D
50 HAMPSHIRE STREET
CAMBRIDGE MA 02139
Title T
MCCARTHY, ROBERT W
50 HAMPSHIRE STREET
CAMBRIDGE MA 02139
Title D
STEVENSON, HOWARD H
31 FAYERWEATHER STREET
NESHANIC STATION NJ 08853
Title D
SHEA, PAUL R
555 17TH STREET
DENVER CO 80202
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2010 01/13/2010
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CDNI
CERTIFICATE
I, Robert J. Anton, Assistant Clerk of Camp Dresser & McKee Inc., a Massachusetts
corporation, hereby certifY that at a duly called meeting of the Board of Directors of the Corporation, a
majority being present and voting throughout, it was voted to authorize W. Kirk Martin to execute and
deliver proposals, contracts and agreements in the name and on behalf of Camp Dresser & McKee Inc.
for the performance of miscellaneous engineering services Master Service Agreements for Collier
County, Florida.
I further certifY that the foregoing is consistent with the By-Laws of the said corporation, and
has not been modified or rescinded.
IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate
seal of Camp Dresser & McKee Inc. to be hereunder affixed on this 6th day of January 2010.
Assismnt ~~ratirm
COMMONWEALTH OF MASSACHUSETIS )
) SS.
COUNTY OF MIDDLESEX )
On this 6th day of January 2010, before me, the undersigned Notary Public, personally appeared
Robert J. Anton, who proved to me through satisfactory evidence of identification - Massachusetts
Driver's License - to be the person whose name is signed on this document in my presence.
~J-- :.(/-6---
Janet M. Cotugno, Notary Public (
/My Commission Expires 22 June 2012
Contract #10-5402 Immokalee Stormwater Master Plan Implementation
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~ay of Ar~'. \
, 2010,
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
Camp Dresser & McKee Inc. authorized to do business in the State of Florida, whose business
address is 12501 World Plaza Lane, Building 51, Fort Myers, Florida 34135 (hereinafter referred
to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Design Consulting services
of the CONSULTANT concerning Immokalee Stormwater Master Plan Implementation
(hereinafter referred to as the "Project"), said services being more ful,ly described in Schedule A,
"Scope of Services", which is attached hereto and incorporated hereio;
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:
TP A#1953637.<}
PSA
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all
phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates W. Kirk Martin, a qualified licensed professional to serve as
the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator").
The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT
with respect to directing, coordinating and administering all aspects of the services to be
provided and performed under this Agreement. Further, the Project Coordinator has full
authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this
TPA#1953637.9
PSA
2
Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time
is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT
from the Project without OWNER'S prior written approval, and if so removed must be
immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
-
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
TPA#1953637.9
PSA
3
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. 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.
TP A#1953637.9
PSA
4
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
TPA#1953637.9
PSA
5
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
TPA#1953637.9
PSA
6
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSUL TANT 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;
TP A#1953637.9
PSA
7
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
TPA#1953637.9 PSA 8
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSUL TANTuntil 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.
TP A#1953637.9
PSA
9
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.
TP A#1953637.9
PSA
10
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
TP A#1953637.9
PSA
]]
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
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or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
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10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
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12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
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extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants thatCONSUL TANT 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
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CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
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ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, FL. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
Camp Dresser & McKee Inc.
12501 World Plaza Lane, Bldg. 51
Fort Myers, FL 34135
239/938-9600 Phone, 239/275-6755 Fax
Attn: Paul Pinault
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
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17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
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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
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:
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"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 coritract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a con~ract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for 10":5402 "Immokalee Stormwater Master Plan Update" the day and year first
written above.
ATTEST:
_ -'\, .' ~.. . J '~'t;>)
~~.h . .'
Dwigt;tfE. Brock,Cferk
~~
::;e!~<~1:~ ~-
~ .".'.-'MIa'
Itlll... Oft.""
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By: ~W. ~
Fred W. Coyle, Chairman
Approved as to form and
~.iCienl3}
lJ A~.tl1
Deputy County Attorney
Camp Dresser & McKee Inc.
Witness
ILl P,~k - ASJ6{;~
Printed Name and Title
~~~
By:
In .... V i(~ lr'tS;~~
Typed Name and Title
ltuvCt. ~
Witn~
Judo t'\ f\, r c \(,A~ ~ .......
Printed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
I. Background
During Tropical Storm Fay, the downtown Immokalee area experienced significant flooding and
continues to flood during heavy rain events. The flooding poses safety risks to persons and
property in the area. In addition to the threat of flooding, there are open drainage swales that
continuously collect garbage to the point of impeding the flow of storm water through existing
drainage structures. Large unprotected drainage basins also exist that pose safety risks to
persons in the area.
Prior to Tropical Strom Fay, The Big Cypress Basin, of the South Florida Water Management
District, developed the Immokalee Stormwater Management Master Plan in 2005 to address
flooding and water quality concerns. The study involved an analysis of problems and needs,
data collection, hydrologic and hydraulic modeling, water quality analysis, evaluation of
alternative solutions, initial cost estimates and development of recommended alternatives.
In March 2005 the Immokalee Community Redevelopment Agency (CRA) Advisory Board
provided input into the Stormwater Master Plan and selected five areas for implementation.
These areas will be referred to as "the five areas" in the remainder of this document and include:
. Madison Ditch
. Slough
. Lake Trafford and Fish Creek
. Immokalee Drive
. Downtown Immokalee
In 2008 the CRA developed a Redevelopment Master Plan for the Immokalee Downtown
Redevelopment Area. All proposed stormwater improvements within the redevelopment area
should be targeted to facilitate redevelopment or resolve stormwater drainage problems.
In the first quarter of 2010, the CRA was notified that under the 2008 Supplemental Community
Development Block Grant (CDBG) Appropriations for the Disaster Recovery Initiative (DRI), the
Collier County Department of Housing and Human Services Selection Committee was
recommending to the Collier County Board of County Commissioners and Florida Department of
Community Affairs that the CRA be awarded a construction grant in the amount of $3,533,124
for the stormwater improvements in the downtown Immokalee area. The award is expected to
be officially received in July 2010 and will require that construction is completed within in 2 years
of the award.
II. Scope of Services
In order to coordinate the 2005 SWMP with the 2008 Redevelopment Plan and adhere to the 2-
year schedule requirement of the construction grant money being awarded, the purpose of this
scope of work is to:
1. Review, update, and prioritize the conceptual plans developed as part of the 2005 SWMP
and selected by the CRA for implementation in the five areas (Task 1).
2. Design and provide construction drawings for the downtown area (Task 2).
A-I
3. Obtain necessary permits for the downtown area design (Task 3).
4. Provide bidding assistance services for the downtown area design (Task 4).
TASK 1 -Update and Prioritize Master Plan
Under this task, the ENGINEER will review background information. The ENGINEER will also
collect new design specific data for the downtown project area only. Based on the reviews and
new information, the ENGINEER will update the conceptual designs for the five areas and
develop a prioritized implementation plan for the five areas.
Sub-task 1.1 - Review of Background Reports and Information
The ENGINEER will schedule and conduct a project kickoff meeting to review the project scope
and goals with the COUNTY.
The ENGINEER will review the following background reports and information as provided by the
COUNTY.
. 2005 Immokalee Stormwater Master Plan (SWMP)
· XP SWMM model developed in 2005 as part of the SWMP
. 2008 CRA Redevelopment Plan
· The 60% design of sidewalks in the downtown area and relevant supporting data
Sub-task 1.2 - Topographic and Boundary Survey
A topographic and boundary survey will be completed for the downtown project area. Prior to
survey initiation, research into the subdivision plats covering the project area will be conducted.
A computed CAD level drawing of the properties based on the existing plats of record will be
produced and will be the basis of the horizontal control for the project. Since many of the
subdivision plats in this area are very old and possibly incomplete, it is recommended that the
County provide a title search over the subject property limits to identify any easements of record
that may not be indicated on the recorded subdivision plats. The design topographic survey will
.establish vertical control based on the NAVD 88 datum. Field efforts will measure road cross-
sections, soil-boring locations, invert elevations of structures, and utility locations (underground
utility locations will be completed to the extent that they are able to be marked by others
including IWSD and Sunshine State No Cuts). Horizontal control will be based on NAD 83 State
Plane Florida East Zone. As part of the survey work, a map of right of way (ROW) needs will be
developed and provided to the COUNTY.
Sub-task 1.3 - Geotechnical Exploration and Evaluation
Based on the 2005 conceptual plan, a geotechnical evaluation will be completed for the
downtown project area. ENGINEER will develop a geotechnical evaluation plan to obtain soil
borings and the associated tests at appropriate intervals to provide information necessary for
the design of the proposed pond, pipes, and ex-filtration trenches. As needed, this will include
hydrologic evaluation and evaluation of potential rock excavation handling.
Sub-Task 1.4 - Ecological Assessment
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.
An ecological assessment of the downtown, project area will be completed as soon as possible
in the project to assist the COUNTY with land acquisition efforts. The ENGINEER will collect all
data and information necessary to determine the boundaries of wetlands and surface waters
defined by the rules or regulations of each agency processing or reviewing a permit application
within the project boundaries. The ENGINEER shall be responsible for verification of wetland
data identified and coordinating regulatory agency field reviews, including finalization of wetland
assessments with applicable agencies.
As-needed for permitting purposes, the ENGINEER shall prepare clearances for the project
area, This may include:
. Wetland Impact Analysis: The ENGINEER shall analyze the impacts to wetlands for the
project area and complete the Wetlands Evaluation Report.
. Threatened and Endangered Species Analysis: The ENGINEER shall collect data
necessary to perform an Endangered Species Biological Assessment, and analyze the
impacts to wildlife and habitat for the project area.
Sub-task 1.5 -Update Stormwater Master Plan
Based on the review of background information and new data collected, the ENGINEER will
identify potential modifications to the 2005 conceptual plans for the five areas based on the
following reviews:
. A comparison to the 2008 Redevelopment Plan will be made to identify common
elements and where improvements should be coordinated between the sets of plans.
. A review of the ongoing sidewalk design project in the downtown area will be made to
coordinate improvements in the same locations.
. Review the new data collected and make an initial site visit to identify changes that may
be needed and if there are additional stormwater improvements that should be included
that were not in the 2005 conceptual plan.
· Complete a QAlQC review of the existing model and how it was used to develop
conveyance needs in the conceptual plans for the five areas. For budgeting purposes, it
is assumed the model is of reasonable quality and accuracy and will require only minor
updates and modifications. The model will be used for hydraulic evaluations to verify
hydraulic capacities and pipe sizes in the conceptual plans for the 2-year/24-hour, 5-
year/24-hour, 10-year/24-hour, 25-year/72-hour, and 100-year/72- hour design storm
events under both existing and proposed conditions.
· Identify potentially new water quality regulatory changes and constraints since the 2005
study was completed. This includes potential impacts from recent TMDL levels
established since the 2005 conceptual plan was developed.
· Provide an overall value-added evaluation of the conceptual plans for the five areas.
The ENGINEER will discuss the potential modifications identified with the COUNTY and
collaboratively select any modifications that should be made to the conceptual plans.
A-3
Based on the updated plan, ENGINEER will update the opinion of probable costs for the five
areas to reflect any updates and the current market conditions. Updating of the probable costs is
a high priority to be completed as soon as possible in the project.
Sub-Task 1.6 - Stakeholder Meetings
ENGINEER will schedule two stakeholder meetings in Immokalee that will be run by the
COUNTY'S public information facilitator. The ENGINEER will assist in leading these workshops.
At these meetings, ENGINEER would present the conceptual plans for the five areas. This will
include clearly describing the benefits and costs of each project. The purpose of these meetings
will be to communicate the plan to the stakeholders and obtain feedback to prioritize the projects
and potentially modify the conceptual plans.
Sub-Task 1.7 - Prioritize Projects and Develop Implementation Plan
Based on the available CDBG DRI grant funding, the downtown area project is the first priority
to be completed. The second priority will be the slough area culverts as they are downstream of
the downtown area improvements. The ENGINEER will utilize a ranking matrix to prioritize the
remaining three stormwater improvement needs obtained from the Immokalee Stormwater
Master Plan using the following parameters:
. Priority needs identified by the Immokalee Community Redevelopment Agency Advisory
Board
. Improvements in the Life Safety Issues within each Geographic Area of Concern
. Improvement in Level of Drainage Service
. Improvement in Environmental Quality
. I ncentive for Redevelopment Activities
. BudgeUCost
. Land Acquisition Need and Feasibility
. Permitting' Complexity
. Adequacy of existing and proposed stormwater outfalls
. Time to Project Completion
. Benefit to residential land uses (units)
. Benefit to commercial land uses (acres)
. Benefit to agricultural land uses (acres)
. Benefit to conservation/naturalland uses (acres)
. Project completion from a downstream to upstream (normal stormwater flow direction)
progression.
Based on the analysis and information from the previous tasks, the ENGINEER will develop a
recommended implementation plan for the updated conceptual plans in the five areas. As part of
developing the recommendations, the ENGINEER will coordinate and participate in CRA
meetings.
The analysis and information compiled from the previous tasks and coordination with the CRA
will be documented in a Task 1 summary report and include the following:
· Prioritized list of recommended projects for design and construction
. List illustrating grant opportunities
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. Common elements between the Immokalee SWMP and the Immokalee Community
Redevelopment Plan.
TASK 2 -Final Design of Downtown Improvements
The downtown area will be the first priority for implementation based on the available grant
funding that must be used within 2-years for that area. Therefore, this final design task includes
a preliminary design report and final design for the downtown area improvements. The final
design will include construction drawings and specifications for bidding and construction.
Subtask 2.1 - Hydraulic and Water Quality Analysis
Using the hydrologic and hydraulic SWMM model reviewed in Task 1, the ENGINEER will
complete design level hydraulic and water quality analysis for the updated conceptual design for
the downtown area. The analysis will fulfill the grant funding and permitting requirements. It will
also provide the necessary hydraulic and water quality analysis needed to support the
preliminary and final construction plans. This will include:
. The SWMM model will be updated where needed with new topographic survey
information collected under Task 1. The updated model will be used to identify the
hydraulic conveyance parameters (pipes sizes, slopes, number of inlets, exfiltration
trench sizes, etc.) needed to complete the design plans. This will include changes that
may be needed to avoid utility conflicts.
· The US EPA Spreadsheet Tool for Estimating Pollutant Load (STEPL) will be used to
calculate pre and post construction water quality loads. This will include evaluation of
proposed best management practices (BMPs) to reduce pollutant loads. The analysis will
be completed and documented to be consistent with existing and pending TMDL
requirements so that reduction credits can be taken for this work. This will include an
analysis of the current pollutant loads and a comparison to the reduced loads based on
the reduction of the final design.
· The pollutant load reductions will be compared to potential and anticipated new water
quality regulations. This includes the draft US EPA Nutrient Loading regulations. It also
will consider potential future TMDLs based on information from other TMDL programs
that have been established.
· A Harvey Harper pond analysis will be completed for the proposed pond.
· The existing conditions analysis (no-build analysis) will be completed at the design level
for the existing hydrologic, hydraulic, and water quality conditions.
· The proposed conditions analysis will be completed at the design level for the existing
hydrologic, hydraulic, and water quality conditions.
The ENGINEER will summarize the hydraulic and water quality analysis for the downtown
project in a technical memorandum. The memorandum will also describe the physical areas that
the project generally serves. GIS mapping will be used to define and show the service area, the
demographics of the area served, the beneficiaries, and the objectives. The objectives will
define the role of the project in achieving stormwater management/flood mitigation, water
quality, pollution reduction to the environment.
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Subtask 2.2 - Preliminary Design and Specifications (30 Percent)
Based on the conceptual design and hydraulic and water quality analysis technical
memorandu-m for the downtown area, the ENGINEER will develop preliminary (30 percent)
design plans of the proposed improvements for the downtown area. The plans prepared by the
ENGINEER will use a half size format (11-inch by 17-inch plan sheets).
As part of Subtask 2.5, the ENGINEER will provide a preliminary opinion of probable cost of
construction for the preliminary design plans. If the opinion of probable costs for all downtown
improvements exceeds the COUNTY'S available construction funding from the grant, the
preliminary design will be modified to allow for a phased construction. The first phase will be
selected to fit within the COUNTY'S available funding. This may involve construction of the main
"trunk" system that allows for a later phase to connect adjacent areas. Another option that will
be considered is construction in a portion of the downtown project area with a second phase to
construct the remaining portion once funding is available.
Subtask 2.3 - Construction Plans and Specifications (60 and 100 Percent)
The ENGINEER will consider the design elements, standards and criteria that will be used in the
development of the design and construction plans for the project. The construction documents
will be consistent with the specifications and standards as set forth in the latest edition of the
Florida Department of Transportation's (FOOT) "Standard Specifications for Road and Bridge
Construction" and the latest edition of the "Design Standards". Specifications for non-civil
elements will include Divisions 2 through 16 as required. The COUNTY will provide the
documents for Divisions 0 and 1. Division 0 is the contract with contractor that will be selected.
~ivision 1 is the general and supplemental conditions that refers back to ~ivision 0 and includes
defining project roles, insurance requirements, and how payments will be made.
Construction plans and specifications shall conform to FOOT design format as applicable.
Following submittal of the 30 percent preliminary design plans, the ENGINEER will provide to
the COUNTY submittals at the 60 percent design level and 100 percent design level
(construction documents). Specifications will be provided for 100 percent submittals. The
construction plans prepared by the ENGINEER will use a half size format (11-inch by 17-inch
plan sheets) for all four phases. One full size (22-inch by 34-inch) reproducible will be submitted
to the COUNTY as a final construction drawings document. Final construction documents will
be provided to the COUNTY in electronic AutoCAD format as well as reproducible.
The project is anticipated to include primarily civil design. No structural, mechanical,
geotechnical, electrical, architectural, or landscape architectural design support is anticipated for
the downtown area improvements. Roadway design will be limited to roadway repair as needed
in support of the proposed stormwater improvements.
Design of wetland mitigation and/or wetland/tree planting plans is not anticipated for the
downtown area improvements. If these designs are required by the permitting authorities, these
services will be covered under a separate scope of work.
For scopiilg purposes, the construction plans prepared by the ENGINEER are anticipated to
consist of the budgeted plan sheets listed in Table 1. Should the proposed design project as
developed in the updated Master Plan consist of significantly more sheets or sheets of
significantly greater complexity, the ENGINEER will address this additional effort under a
separate scope of services.
A-6
The plan sheets will include the performance of specific work and preparation of details and
documents as follows: typical sections, plan and profile of improvements, soil exploration,
control structures, utilities adjustments, various details; cross-sections; grading plans, and
erosion control among other relevant construction drawing sheets.
TABLE 1
Immokalee Basin Downtown Stormwater Improvements Project
Budgeted Plan Sheets
SHEET DESCRIPTION NUMBER OF
SHEETS
Cover 1
Key Plan 1
General Notes (Civil, Geotechnical, Utilities, Erosion 1
Control)
ExistinQ Conditions Sheets 3
Typical Sections 1
Summary of Pay Items 1
Sequence of Construction 1
Horizontal & Vertical Control 3
Plan and Profile 23
Pond Sheets 2
Cross Sections 2
Minor Utilities Adjustments Sheets 1
Erosion ControllStormwater Pollution Prevention Plan 3
(SWPPP)
Drainage Details 2
Miscellaneous Details 2
TOTALS 47
As part of the design, the ENGINEER will provide professional engineering services necessary
to prepare, submit, and secure permits and submit applications for grant funding.
Plans will incorporate utility information provided by the utility owners, and identify and resolve
conflicts with stormwater facilities. The budget assumes the information provided by owners will
be sufficient to complete the design without concern for potential unknown conflicts that could
significantly impact the construction process. If the utility information provided is not sufficient, a
separate scope of work would be needed to complete subsurface utility engineering
investigations to provide the missing information.
The ENGINEER will complete the design to conform with the requirements of grant funding and
provide supporting information to the COUNTY as-needed for grant reporting.
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Sub-Task 2.4 - Public Meetings
The Engineer will prepare for and assist the COUNTY with up to three public meetings (in
addition to those completed under Task 1).
Sub-Task 2.5 - Engineer's Opinion of the Probable Construction Cost
In addition to the opinion of probable cost identified in Sub-Task 1.5 and following the
preliminary 30 percent design, the ENGINEER will provide an engineer's opinion of the probable
cost of construction for the project at the 60 percent completion milestone and prepare a final
opinion of the probable construction cost estimate at the 100 percent completion of the design.
The cost will include such items as clearing and grubbing, excavation and earthwork, culvert
replacements, control structures, existing roadway reconstruction, excavation, erosion control as
published on the summary of pay items structure per FDOT. The cost will not include land
acquisition or TCE costs.
TASK 3 - Permitting
The ENGINEER will provide the necessary coordination with the COUNTY and project team to
address permitting requirements of this project. For budgeting purposes, it is anticipated that
permits will be required by the SFWMD, US Army Corps of Engineers (USACE), and FDEP
only. FDEP permits needed for utility conflicts will be completed as part of the final design
plans. If permits are required by the FOOT, these services will be covered under a separate
scope of work. Any construction NPDES permit or dewatering permit will be obtained by the
contractor (as required by the construction contract documents). All permit fees will be paid by
the COUNTY.
As the length of time to obtain permits may be long in relation to the 2-year schedule required
for the grant funding, where possible, permitting tasks will be initiated and applications filed as
soon as possible in the project.
Sub-Task 3.1 - Meetings with the SFWMD and COUNTY
The ENGINEER will meet with representatives of the SFWMD and COUNTY to discuss the
objectives of the overall project and to clarify the level of permitting needed for the proposed
improvements. For budgeting purposes, a total of three (3) meetings are included in this task.
The ENGINEER will prepare a written summary of the meeting notes. The ENGINEER shall
notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate
personnel in advance of all scheduled meetings with the regulatory agencies to allow a
COUNTY representative to attend. The ENGINEER shall copy in the Project Manager and the
Environmental Permit Coordinator on all permit related correspondence and meetings.
Sub-Task 3.2 - Conceptual ERP Permit (OPTIONAL TASK)
It is expected there will be some complex environmental issues in the other four areas outside of
the downtown area. Based on a preliminary review of the 2005 conceptual plans for the Lake
Trafford area, there may be a better location to avoid some of these issues. In general, these
issues would likely require a relatively long time to complete a conceptual environmental
resource permit (ERP) for all areas, and may interfere with completing the downtown project
area within the grant funding schedule requirements and available project budget. As three of
the project areas are hydraulically independent from downtown area and they are not currently
funded for completion, it reasonable to expect the SFWMD will not require a conceptual permit
for all five areas before issuing a construction permit for the downtown area. Therefore, due to
the number of unknown issues, at this time no budget is provided for this optional task. If
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required, a conceptual permit for the five areas is expected to be a minimum of $50,000, and
may be considerably more depending on how some of the environmental issues may be
resolved.
Therefore, if the SFWMD does require a conceptual ERP be submitted for the five areas
proposed in the Immokalee Stormwater Master Plan, the ENGINEER will work closely with the
SFWMD and the COUNTY to facilitate the preparation and submittal of the conceptual ERP for
this project. This will first include developing a more detailed scope of work for this task along
and budget based on an initial meeting with the SFWMD and COUNTY. In general the
ENGINEER would prepare an ERP application and coordinate work efforts with the COUNTY.
The following elements would be addressed by the ENGINEER in the ERP application: overall
conceptual Master Plan, brief report of project; basin delineation; peak flow quantities and
analysis (mean annual, 25-year, and 1 OO-year 72-hour storms); stormwater treatment and
percent reduction of Nitrogen and Phosphorus pollutant loading for existing conditions and post
construction, and wetland! surface water delineation. For budgeting purposes, the ENGINEER
would expect to respond to up to two (2) Requests for Additional Information (RAls) to clarify
information presented in the permit application package.
As the conceptual permit can likely be applied for based on the 2005 SWMP, this task would be
started immediately after the project kickoff and initial meeting with SFWMD.
Sub-Task 3.3 - Construction ERP Permit
A Construction ERP will be submittedto receive authorization for construction of the downtown
stormwater improvements.
The ENGINEER will work closely with the SFWMD and the COUNTY to facilitate the preparation
and submittal of the construction ERP and individual permit (IP) applications for this project. It is
anticipated that an individual ERP will be required from the SFWMD. The ENGINEER will
prepare an ERP application and coordinate work efforts with the COUNTY. The following
elements will be addressed by the ENGINEER in the ERP application: brief report of project;
basin delineation; peak flow quantities and analysis (mean annual, 25-year, and 1 OO-year 24-
hour storms); construction sequence; proposed construction layout; construction techniques;
stormwater treatment and control techniques; wetland! surface water delineation; and
construction plans. For budgeting purposes, the ENGINEER will respond to up to two (2)
Requests for Additional Information (RAls) to clarify information presented in the permit
application package.
Sub-Task 3.4 - US Army Corps of Engineers Permit
It is anticipated there will be potential wetland impacts and mitigation required. Therefore, for
budgeting purposes, it is anticipated that a US Army Corps of engineers (USACE) will require
separate supplemental permit submittals in addition to the SFWMD ERP construction permit.
The ENGINEER shall coordinate with COUNTY personnel prior to approaching any
environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and
approved by the COUNTY, the ENGINEER will be responsible for coordinating the proposed
mitigation plan with the environmental agencies.
For budgeting purposes, the ENGINEER will respond to up to two (2) Requests for Additional
Information (RAls) to clarify information presented in the permit application package.
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TASK 4 - Bidding Services
The ENGINEER shall assist the COUNTY in preparing bid documents. Construction
specifications shall refer to FOOT specifications. The ENGINEER shall only be required to
prepare Special Provisions or Technical Specifications for items not covered by FOOT
specifications to be incorporated in the COUNTY's front end contract documents. The
ENGINEER and sub-consultants will attend the pre-bid conference, and interpret and clarify
plans and specifications as necessary at the meetings and during the bidding process. The
COUNTY will preside over the pre-bid conference with the potential bidders.
A total of three (3) meetings are estimated for budgeting purposes. The ENGINEER will assist
the COUNTY and provide clarifications related to the construction plans during the bidding
phase of the project. The ENGINEER will prepare up to two (2) addenda to clarify bidders
questions during the bidding period. Bid evaluation and recommendation of award will be
performed by the COUNTY.
Based on any comments and/or revisions made to the design as part of the bidding process and
bidder comments, ENGINEER will update the opinion of probable costs for the final construction
set of plans and specifications.
TASK 5 - Direct Reimbursables
Direct expenses, including but not limited to:
. Copies, Courier Service, Postage and other miscellaneous items agreed to by Project
Manager
III. Deliverables
Services provided will be delivered both hard copy and on a compact disk (CD) containing all
electronic files including drawing files, minutes, graphics, correspondence, etc., for this project.
Design will be done using Autodesk AutoCAD/Civil 3D, following the NCS "CAD Standards".
Plans will be prepared utilizing current design standards and construction specifications set by
the FOOT, to the greatest extent possible. Plans will identify all needed parcels for permanent
as well as temporary easements and provide "Sketch and Legals."
ENGINEER will provide the following deliverables:
· Project schedule, including the following minimum milestones: Surveying, 30% design,
60% design, permitting, ROW acquisition, bid documents (100% design), and
construction.
· One overall CAD file for each project containing all of the survey points, line work
symbols, DTM, and SUE information (where applicable). This file will be an AutoCAD
Civil 3D file and will be to current Collier County Transportation Division standards as
directed by the County.
. A map of existing ROWs and where new acquisitions are needed for each of the five
areas based on the updated conceptual plans.
. One copy of the final plans signed and sealed by a Florida Professional Engineer.
A-IO
. Ten copies of the various design stages of each project (30%,60%, and 100%) for
internal review. Additional copies of those plans shall be submitted to the utility owners by
the consultant as part of the utility coordination effort.
. Design and as-built drawings will comply with Transportation Services Division standard
specifications. These drawings will be done in AutoCAD Civil 3D and will be to current
Collier County Transportation Division standards as directed by the County.
IV. Anticipated Additional Services
Actual construction is anticipated to begin in 2011. Engineering services will be required during
construction. Collier County and the CRA shall have the authority to extend the contract prior to
construction commencement to add engineering services during construction. Additional
design projects may be added from the list of prioritized projects based upon performance and
quality of the initial project assigned to the engineer.
A-II
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM PLUS REIMBURSABLES
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B 1.1 .1 All monthly status reports and invoices shall be mailed to the attention of
Margaret Bishop, Senior Project Manager, 2885 South Horseshoe Drive, Naples, FL
34104
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have been
completed to OWNER'S reasonable satisfaction.
TASK LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE
1. Update and Prioritize Master Plan $151 ,950.00 Monthly Upon Percent Complete of
Task
2. Final Design of Downtown $155.505.00 Monthly Upon Percent Complete of
Improvements Task
3. Permitting $ 80,953.00 Monthly Upon Percent Complete of
Task
4. Bidding Services $ 11 ,585.00 Monthly Upon Percent Complete of
Task
5. Direct Expenses - Deliverables $ 13,953.00 Monthlv Not to Exceed
(Time & Materials)
TOTAL FEE (Total Items 1-5) $413,946.00
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Three Hundred
Ninety-nine Thousand Nine Hundred Ninety-three Dollars ($399,993.00) to be paid to
CONSULTANT for the performance of the Basic Services and Thirteen Thousand Nine
Hundred Fifty-three Dollars ($13, 953.00) Time and Materials for direct expenses.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
B-1
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
8.2.4. 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 respectto any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
8.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
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-2
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.
8.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
B-3
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
"Immokalee Stormwater Master Plan Implementation Master Plan Update"
Task 1. Update and Prioritize Master Plan:
. Review of Background reports and Information
. Topographic and Boundary Survey
. Geotechnical Exploration and Evaluation
. Ecological Assessment
. Update Stormwater Master Plan
. Stakeholder Meetings
. Prioritize Projects ad Develop Implementation Plan
$151.950
Task 2. Final desian of Downtown Improvements:
. Hydraulic and Water Quality Analysis.
. Preliminary Design and Specifications (30%).
. Construction Plans and Specifications (60 and 100%)
. Public Meetings
. Probable Construction Costs (30, 60, 100% bid update)
$155.505
Task 3. Permittina:
. Meetings with SFWMD and County
. Conceptual ERP Permit (Optional Task)
. Construction ERP Permit
. US Army Corps of Engineers Permit
$80.953
Task 4. Biddina Services:
. Assist County in Preparing bid documents
BA-l
$11.585
. Provide clarifications related to the construction plans during the bidding phase
. Prepare Addenda to clarify bidders questions during the bidding period
Task 5. Reimbursables - Deliverables: Not to Exceed
$13.953
Total for Items 1 through 5
$413,946
* The total dollar amount might remain the same, there may be some fluctuation in the task
categories calculations.
BA-2
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
10-5402 "lmmokalee Stormwater Master Plan Implementation Master Plan Update"
Title
Principal
Consultant's Employee Hourly Rate Schedule
Hourly Rate
$ 195.00 Ihr
Principal Associate $ 170.00/hr
Project Quality Manager $ 150.00/hr
Project Manager $ 150.00/hr
Senior Professional $ 150.00/hr
Professional II $ 135.00/hr
Engineer II $ 135.00/hr
Two Man Survey Crew $ 135.00/hr
Tech V $110.00/hr
Tech III $ 95.00/hr
Staff Support Services $ 75.00 Ihr
END OF SCHEDULE B
BB-I
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Work begins upon Notice to proceed
Task 1. Update and Prioritize Master Plan: 180 days from notice to proceed
Task 2. Final desiQn of Downtown Improvements: 300 days from notice to proceed
Task 3. PermittinQ: 270 days from COUNTY approval of 60% desjqn; 420 days from notice to
proceed
Task 4. BiddinQ Services: 90 days from COUNTY approval of 100% desiqn; 420 day from
notice to proceed
Task 5. Reimbursables - Deliverables: Not to Exceed - As Needed
c-I
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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
0-1
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)
0-2
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 $500,000 Each Accident
$500,000 Disease Aggregate
$500,000 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 ~ 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
D-4
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 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, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(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
0-5
(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
--.2L $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
0-6
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
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
D-7
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
0-8
~ I DATE (MM/DD/YYYY)
AC~R~* CERTIFICATE OF LIABILITY INSURANCE 04/20/2010
~
PRODXg~R Ri sk servi ces Northeast, Inc. TillS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Boston MA office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TillS
One Federal Street CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
Boston MA 02110 USA COVERAGE AFFORDED BY THE POLICIES BELOW. .
PHONE,(866) 283-7122 FAX- (847) 953-5390 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: ZU ri ch Arne ri can Ins Co 16535
camp Dresser & MCKee Inc. INSURER B: American zurich Ins Co 40142
ONE CAMBRIDGE PLACE
50 HAMPSHIRE STREET INSURER C: Lloyd's of London 0005FI
CAMBRIDGE MA 021390000 USA
INSURER D:
INSURER E:
COVERAGES
..
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...
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SIR applles per terms and condltlons of the POllCY =
THE POLICIES OF INSURANCE LISTED BEWW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIlHST ANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO wmCH lHIS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, lHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED
INSR Auu' POUCY EXPIRATION
LTR INSRI TYPE OF INSURANCE POUCY NUMBER POUCY EFFECfIVE LIMITS
DATEIMMlDDIYYYY DATE(MMlDDIYYYY\
A ~~~ Gl0837663214 01/01/2010 01/01/2011 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000
CLAIMS MADE ~ OCCUR PREMISES (Ea occurrence)
MJ;U J;XI' (Anyone person) $lU,UUUI N
PERSONAL & ADV INJURY $1,000,000 0
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....,
GENERAL AGGREGATE $1,000,000 '<t
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GEN'L AGGREGATE LIMIT APPLIES PER: CO
$1,000,000 ....,
PRODUCTS-COMP/OPAGG 0
o POLICY ~ i:~ D LOC 0
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A AUTOMOBILE LIABIUTY BAP8376631-14 01/01/2010 01/01/2011 ..
COMBINED SINGLE LIMIT Q
X ANY AUTO (Ea accident) $1,000,000 Z
.,
X ALL OWNED AUTOS ...
BODILY INJURY ~
OJ
- SCHEDULED AUTOS ( Per person) 5
X t:
HIRED AUTOS .,
BODILY INJURY U
X NON OWNED AUTOS (per accident)
-
PROPERTY DAMAGE
- (Per accident)
GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT
'8 ANY AUTO OTIlER THAN EA ACe
AUTO ONLY:
AGG
EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE
D OCCUR D CLAIMS MADE AGGREGATE
BDEDUCTIBLE
RETENTION
B WC 5 x Ii"C STATU-I 17TH-
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS' LIABIUTY Y/N $1,OOO,OOO~
r:J E.L EACH ACCIDENT
ANY PROPRIETOR / PARTNER I EXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L DlSEASE-EA EMPLOYEE $1,000, OO~I
(Mandatory in NH) $1,000,000 ::i
I[yes. describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT
C QKI001367 01/01/2010 V~I I~I ~v~~ Per Claim USD $1'OOO'OO~i
OTHER
Archit&Eng prof Aggregate USD $1,000,000 .
DESCRIPTION OF OPERATIONSILOCATIONSNEIllCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS i
Re: Contract#10-5402 Immokalee Road Stormwater Master plan update. collier county Board of county commissioners
is added as an additional insured in regards to general liability policy. A waiver of subro~ation is granted in
favor of Additional Insured with respect to the General liability, Automobile Liability, wor ers' compensation and
CERTIFICATE HOLDER CANCELLATION :!j
collier county Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION !
commissioners DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Attn: stephen Y. carnell 30 DAYS WRITTEN NOTICE TO TIlE CERTIFICATE HOLDER NAMED TO THE LEfT.
purchasing Dept., Building H BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
3301 Tamiami Trail East OF ANY KIND UPON TIlE INSURER. ITS AGENTS OR REPRESENTATIVES. ;;
Naples FL 34112 USA AUTHORIZED REPRESENT A TIVE d.~9___JY'~~ ~
ACORD 25 (2009/01)
@1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu
of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 2S (2009/01)
Attachment to ACORD Certificate for Camp Dresser & McKee Inc.
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURER
INSURED
Camp Dresser & McKee Inc.
ONE CAMBRIDGE PLACE
50 HAMPSHIRE STREET
CAMBRIDGE MA 021390000 USA
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES
If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
ADD'L POLICY NUMBER POLICY POLICY
INSR INSRD TYPE OF INSURANCE POLICY DESCRIPTION EFFECTIVE EXPIRA nON LIMITS
LTR DATE DATE
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
professional Liability policies where required by written contract. The insurance provided shall be
primary and any other insurance maintained by the Additional Insured is excess and Non-contributory. The
policies contain a cross Liability and severability of Interests clause as respects to General and Auto
Liability coverages. There is no exclusion for x,c,u coverage on the General Liability policy.
Certificate No :
570038543102
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Camp Dresser & McKee Inc. hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning 10-5402 "Immokalee Stormwater Master
Plan Update" are accurate, complete and current as of the time of contracting.
Camp DreiiJ& M~ Inc.
BY: 14 ~
TITLE: J/L~ He.s;Je.tib
DATE:
Lf / U/J{)
E-l
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
CDM Personnel
W. Kirk Martin, P.G.
Mike Schmidt, P .E., BCEE
Steve Lienhart, P .E.
Paul Pinault, P .E.
Brian Mack, P.E., D.WRE
James Wittig, P.E.
Marc Stonehouse P .E.
Brad Cook, P.G.
Jack Bellanger P.E.
Walter "Doug" Wells
Ankita Patel
Kelly Probst
Ashan Nabbie
Linda Kraczon
Classification (Level)
Officer (9/1 0)
Officer (9/1 0)
Officer (9/10)
Principal I Associate (7/8)
Principal I Associate (7/8)
Principal I Associate (7/8)
Senior Professional (516)
Senior Professional (516)
Senior Professional (516)
Professional II (3/4)
Professional II (3/4)
Professional II (3/4)
Staff Support Services (1-10)
Staff Support Services (1-10)
Time
1.6%
0.3%
0.8%
0.9%
0.6%
1.6%
29.3%
8.5%
15.3%
10.5%
17.5%
7.0%
3.1%
3.1%
Subconsultants
Agnoli, Barber & Brundage Inc. (ABB)
Boylan Environmental Consultants, Inc. (BEe)
YPC Consulting Group, PL (YPC)
Time on Project
40%
12%
7%
F-l
MEMORANDUM
Date:
April 27, 2010
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #10-5402: "Immokalee Stormwater Master
Plan Implementation"
Contractor: Camp Dresser & McKee, Inc. (CDM)
Enclosed is one (1) original contract, referenced above (Agenda Item
#16B5), approved by the Board of County Commissioners on Tuesday,
April 27, 2010.
An original contract was kept in the Minutes and Records
Department as part of the Board's Official Record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure (l)