Agenda 04/12/2016 Item #16A16 4/12/2016 16.A.16.
EXECUTIVE SUMMARY
Recommendation to approve a change order for the "One Hundred(100)Year Flood Elevations for
Five (5) Basins in Collier County" project in the amount of$50,000 for the ongoing update of the
Federal Emergency Management Agency(FEMA)Digital Flood Insurance Rate Map(DFIRM) and
extend the time of completion by an additional 365 days. [Project No.50100]
OBJECTIVE: To continue to respond to FEMA for the purpose of completing the update to the
DFIRM basins.
CONSIDERATIONS: The "One Hundred (100) Year Flood Elevations for Five (5) Basins in
Collier County" project began in 2004 as a multi-year project with FEMA and has not yet been
completed. The initial executive summary was approved by the Board on March 9, 2004
(Agenda Item 9D) where the Board declared an emergency and approved a contract with
Tomasello Consulting Engineers to perform a study of the flood insurance rates maps. A
contract was executed by the Board on March 23, 2004.
On May 10, 2011, (Agenda Item 16A10) the Board of County Commissioners (Board)
declared a valid public emergency and directed the County Manager to proceed with a re-
evaluation of the FEMA-designated floodplain using the 2010 LiDAR and to amend the
contract with Tomasello Consulting Engineers, Inc., to proceed with completing the multi-year
and multi-phase DFIRM update with FEMA. The Board has approved a number of change
orders extending time and dollars to the original contract with Tomasello Consulting Engineers;
the current contract is valid through February 26, 2017.
The County has submitted two Physical Map Revision to the DFIRM to FEMA in an effort to
update the DFIRM basins with the County's most recent digital topographic information (a.k.a.
LiDAR which is an acronym for Light Detection and Ranging).
In January 2016, FEMA provided the County with a request for additional information on the
County's PMR #1 submittal. The request for additional information contains over 60 pages of
comments and questions, many of which are minor details within the computer modeling.
Collier County needs the technical assistance of Tomasello Consulting Engineers, Inc., who
prepared PMR #1 and PMR #2, to provide responses to these comments. The request for the
additional funding and the time extension is due to the scope and extent of the request for
additional information for PMR#1 exceeding the anticipated scope under our current contract.
To date, the County has paid $890,459.94 to Tomasello Consulting Engineers to generate the
DFIRM, which was adopted in 2012, and prepare the updates. The requested funding will cover
the additional expenses for Tomasello Consulting Engineers, Inc., and includes revisiting the
computer models and mapping outputs [built by Tomasello Consulting Engineers, Inc.] and
responding to FEMA's inquires. To respond to FEMA's inquires, a change order amount of
$50,000 is requested.
Staff believes that it is in the best interest of the County to continue with the current contract for
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4/12/2016 16.A.16.
this on-going, multi-year, and multi- phase project, and to continue under the auspices of
Tomasello Consulting Engineers, Inc. through the duration of the contract extension of
December 31, 2017. Staff requests the Board authorizes this change order to Tomasello
Consulting Engineers. Please see the Attachment, a "Complete History and Status Update on
Physical Map Revision Applications"for additional details.
FISCAL IMPACT: Funding in the amount of $50,000 is available in Fund 111, Cost Center
138110. PMR#2 is still awaiting FEMA Region IV's detailed review before PMR#1 and#2 can
be merged into the publication of a new Preliminary DFIRM.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved for form and legality, and requires a majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: To approve change order#13 for the "One Hundred(100)Year Flood
Elevations for Five (5) Basins in Collier County" project in the amount of $50,000 for the
ongoing update of the FEMA DFIRM and extend the time of completion by an additional 365
days to Tomasello Consulting Engineers, Inc. [Project No. 50100]
Prepared by: Caroline Cilek, M.S.,AICP, CFM, Land Development Code Manager, Land
Development Code &Floodplain Management Sections, Development Review Division, Growth
Management Department
Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project
Planning, Impact Fees and Program Management Division, Growth Management Department
Attachments:
1. History and Status Update on PMRs 3-11-16
2. Contract 11-5626
3. Change Order
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4/12/2016 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve a change order for the "One Hundred (100)
Year Flood Elevations for Five (5) Basins in Collier County" project in the amount of$50,000 for
the ongoing update of the Federal Emergency Management Agency(FEMA) Digital Flood
Insurance Rate Map (DFIRM) and extend the time of completion by an additional 365 days.
[Project No. 50100]
Meeting Date: 4/12/2016
Prepared By
Name: CilekCaroline
Title: Manager-LDC,Development Review
3/14/2016 10:26:58 AM
Submitted by
Title: Manager-LDC,Development Review
Name: CilekCaroline
3/14/2016 10:26:59 AM
Approved By
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 3/21/2016 11:56:08 AM
Name: NorthrupAdam
Title: Procurement Specialist,Procurement Services
Date: 3/21/2016 1:5 3:43 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 3/21/2016 5:20:30 PM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
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4/12/2016 16.A.16.
Date: 3/21/2016 6:48:07 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney,CAO Land Use/Transportation
Date: 3/23/2016 8:45:55 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/23/2016 2:04:26 PM
Name:IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 3/24/2016 10:00:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/30/2016 11:36:01 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/2/2016 1:42:16 PM
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4/12/2016 16.A.16.
Attachment—Complete History and Status Update on Physical Map Revision Applications
History
In 2004, the County undertook the responsibility to prepare information for an update to FEMA's Flood
Insurance Rate Map (FIRM). The project was a jointly funded effort by the County and City of Naples,
and included the development of a Cooperating Technical Partners (CTP)partnership agreement between
FEMA, Collier County, City of Naples and the South Florida Water Management District(SFWMD).The
original effort was based upon the currently available LiDAR received by the County in 2003. The Board
authorized this action as an emergency authorization to contract with a private sector firm due to a
mandated 8 month time frame established by FEMA(March 9,2004,Agenda Item 9.D).
It took six (6) years of effort by staff, the County's consultant, Tomasello Consulting Engineers, Inc.
(TCE), SFWMD, FEMA, and FEMA's contractor, Michael Baker Jr., Inc. (Baker) to complete the
computerized modeling and mapping of the floodplain to the satisfaction of all the parties involved. By
2010 FEMA had transitioned their floodplain mapping requirements into electronic digital products
(hence the DFIRM), and the County had purchased new LiDAR that was also received in 2010. Staff
reviewed the 2010 LiDAR and found that it provided better ground elevation information than the 2003
LiDAR and requested that FEMA allow it to be incorporated into the floodplain mapping that was now
being prepared as a Preliminary DFIRM for public review and comment. FEMA denied staffs request,
so with the Board's approval, staff and TCE prepared an appeal of the Preliminary DFIRM for two of the
drainage basins.
The County's appeal was readily accepted by FEMA for inclusion in the final DFIRM which became the
currently effective floodplain map. The appeal removed thousands of structures from the regulated
floodplain, but created a map where the flood elevations in the two appealed basins did not necessarily
match with the adjacent surrounding drainage basins. Upon request from the County, FEMA agreed to
publish the DFIRM without requiring the County's consultant to blend the flood elevations in adjacent
basins. In addition, the County committed to follow up with map revisions to update the other drainage
basins with the 2010 LiDAR information.
At the May 10, 2011 Board meeting (Agenda Item 16.A.10), the Board agreed to declare a valid public
emergency and direct the County Manager to proceed with a re-evaluation of the FEMA-designated
floodplain using the 2010 LiDAR. This included having the existing contract with TCE amended and
supported continuity for the project to be completed by the consultant. The work load was divided into
two planned submittal packages which ultimately became Physical Map Revision(PMR) applications #1
and#2, each with their own separate case number issued by FEMA. Due to size of the DFIRM, level of
detail required in the computer modeling, and number of parties involved, this project will be a multi-
year,multi-phase project.
Status of PMR#1
PMR#1 was submitted to the LOMC Clearinghouse on June 7, 2013. It was processed through the initial
review and then forwarded on to FEMA Region IV on January 14, 2014 for further detailed review and
processing. FEMA Region IV had already informed the County that they did not have the funding
required to review and process such a large PMR and that they would hold the application until Congress
appropriated the funding. PMR #1 remained with FEMA Region IV until they received congressional
funding and started work on it in May 2015.
During this time period, FEMA hired a new contractor to prepare and/or review floodplain mapping
changes. FEMA's contract with Baker,the prior contractor, expired and a new contractor, AECOM, was
selected through FEMA's Request for Proposals process. This meant that a new reviewer would be
looking at the County's PMR applications.
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FEMA and AECOM communicated back and forth on the questions about the County's PMR #1
submittal, and recently agreed on the list of items to include in their request for additional information
back to the County. Their request contained 33 pages of comments and questions along with 28 pages of
screen shots. Many of their concerns involve minute details within the computer modeling, somewhat
similar to the issues raised by Baker during the six years of effort to prepare the original DFIRM.
Status of PMR#2
The County submitted PM#2 to FEMA last summer. FEMA has since received PMR#2 from the LOMC
Clearinghouse and FEMA staff have identified there is no funding available for the review during the
2016 fiscal year.As such,there is no timeline identified for the review at this time.
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4/12/2016 16.A.16.
AGREEMENT
A
THIS AGREEMENT, made and entered into on this 3-'day of 'tc2004, by and between
Tomasello Consulting Engineers,whose address is 5906 Center Street,Jupiter, Florida, 33458,
hereinafter called the "Consultant" and Collier County, a political subdivision of the State of
Florida,Collier County,Naples,hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Consultant shall commence the work upon issuance of a
Purchase Order. This contract will be in effect until November 30, 2004 unless the
County, at its discretion and with the consent of the Consultant, extends the Agreement
under all of the terms and conditions contained in this Agreement for an additional
period of time.
2. STATEMENT OF WORK. The Consultant shall provide a determination of one
hundred (100) year flood elevations for five (5) basins in Collier County as set forth in
the Consultant's proposal, Exhibit "A", and Exhibit "B", attached hereto and
incorporated herein by reference, as well as additional services as required as mutually
agreed upon in writing by the County and the Consultant.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement an estimated maximum amount of two hundred fifteen thousand
dollars ($215,000), subject to Change Orders as approved in advance by the County.
The County shall pay the Consultant for the performance of this Agreement upon
completion of the tasks as accepted and approved by the project manager or his
designee. Payments shall be made to the Consultant when requested as work
progresses, but not more frequently than once per month. Payment will be made upon
receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise
known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Richard S. Tomasello
Tomasello Consulting Engineers
5906 Center Street
Jupiter,Florida 33458
Fax: 561-744-1865
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All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department-General Services Building
3301 Tamiami Trail,East
Naples,Florida 34112
Attn: Steve Carnell
Fax: 239-732-0844
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and the Consultant or to constitute the
Consultant as an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all
permits necessary for the prosecution of the Work shall be obtained by the
Consultant. Payment for all such permits issued by the County shall be processed
internally by the County. All non-County permits necessary for the prosecution of
the Work shall be procured and paid for by the Consultant. The Consultant shall
also be solely responsible for payment of any and all taxes levied on the
Consultant. In addition, the Consultant shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in
force or hereafter adopted. The Consultant agrees to comply with all laws
governing the responsibility of an employer with respect to persons employed by
the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any
person to use in any manner whatsoever, County facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal, state,
county or municipal ordinance, rule, order or regulation, or of any governmental
rule or regulation now in effect or hereafter enacted or adopted. In the event of
such violation by the Consultant or if the County or its authorized representative
shall deem any conduct on the part of the Consultant to be objectionable or
improper, the County shall have the right to suspend the contract of the
Consultant. Should the Consultant fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to
the satisfaction of the County.
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8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County
may terminate said agreement immediately for cause; further the County may
terminate this Agreement for convenience with a seven (7) day written notice. The
County shall be sole judge of non-performance.
9. NO DISCRIMINATION. The Consultant agrees that there shall be no
discrimination as to race,sex,color, creed or national origin.
10. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations;
Independent Consultants; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired and
Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
D. Professional Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence.
Special Requirements: Collier County shall be listed as the Certificate Holder
and included as an Additional Insured on the Comprehensive General
Liability Policy.
Current, valid insurance policies meeting the requirement herein identified
shall be maintained by Consultant during the duration of this Agreement.
Renewal certificates shall be sent to the County 30 days prior to any
expiration date. There shall be a 30 day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage.
Consultant shall insure that all subconsultants comply with the same
insurance requirements that he is required to meet. The same Consultant
shall provide County with certificates of insurance meeting the required
insurance provisions.
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08-08-2002
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF WORKERS' COMPENSATION
CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from
Florida Workers' Compensation Law .
EFFECTIVE 07/14/2002 EXPIRATION DATE N/A
PERSON TOMASELLO RICHARD
SSN 261-94-9619
FEIN 650125015
BUSINESS TOMASELLO CONSULTING ENGINEERS INC
5906 CENTER STREET
JUPITER FL 33458
NOTE: Pursuant to Chapter 440 . 1 0(1),(g);2 ,F .S. , a sole proprietor, partner, or an
officer of a corporation who elects exemption from the Florida Workers'
Compensation Law may not recover benefits or compensation under Chapter 440 .
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4/12/2016 16.A.16...._
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO
"VENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN.THIS CERTIFICATE OF INSURANCE
DES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
This certifies that STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington,Illinois,or
❑STATE FARM FIRE AND CASUALTY COMPANY of Bloomington,Illinois
has coverage in force for the following Named Insured as shown below:
Named Insured Tomaselio Consulting Engineers, Inc.
Address of Named Insured 5906 Center Street
Jupiter, FL 33458
POLICY NUMBER 463 B867 010 59S
EFFECTIVE DATE OF 10110103-04
POLICY
1999 DODGE RAM 1500
DESCRIPTION OF 1B7HC18X9XS191064
VEHICLE
LIABILITY COVERAGE YES ONO OYES —ONO OYES ONO OYES _ONO
LIMITS OF LIABILITY
a.Bodily Injury $1,000,000.00
Each Person
a.Bodily Injury $1,000,000.00
Each Accident _
b.Property Damage $1,000,000.00
c,Bodily Injury&
Property Damage
Single Limit Each
_ Accident
vSICAL DAMAGE YES -ONO OYES ONO -OYES ONO OYES ❑NO
JERAGES $500.00 Deductible Deductible Deductible Deductible
a.Comprehensive
2YES ONO OYES ONO OYES ONO OYES ONO
b.Collision $500.00 Deductible Deductible Deductible Deductible
EMPLOYER'S
NON-OWNERSHIP OYES NO ❑YEs NO DYES ONO OYES ONO
COVERAGE
HIRED CAR COV E - DYES ONO OYES ONO OYES ONO OYES ONO
j"/". 6 L I AGENT 6447 03/26/04
mature of Authorized Representative Title Agent's Code Number Date
Name and Address of Certificate Holder Name and Address of Agent
Collier County Government Center
Purchasing Dept, Puchasing Bldg Robert J Kotecki
Attn: Kelsey Ward 365 Cypress Drive
3301 Tamlami Trail East Tequesta, Fl 33469
Naples, FL 34112
Check if a permanent Certificate of Insurance for liability coverage Is heeded: ❑
Check if the Certificate Holder should be added as an Additional Insured:
-narks:
158.4430.2 Rev.9-94 Printed in U.S.A. Packet Page -568-
ate: 4/1/2004 Time: 11:09 AM To: R 12397320844 4/12/2016 16.A.16.
Client#:5305 TOMCOC
T ACG'RD,rr CERTIFICATE OF LIABILITY INSURANCE 004/01/200 rn
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown&Brown,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1401 Forum Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 600
West Palm Beach,FL 33401 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Continental Casualty
Tomaselio Consulting Engineers,Inc. INSURER B:
5906 Center St INSURER C:
Jupiter,FL 33458 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MR 4DD'L - POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSRE TYPE OF INSURANCE POUCY NUMBER DATE IMM/DDIYYI DATE(MMIDD/YYI
GENERAL UABIUTY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABIUTY PPRRFMMISFS(Fe RENTED S
ICLAIMS MADE El OCCUR MED EXP(Any one person) $
_PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GENII_AGGREGATE OMIT APPLIES PER PRODUCTS-COMP/OP AGG S
7 POLICY n JEGT n LOC -
AUTOMOBILE UABIUTY COMBINED SINGLE OMIT
ANY AUTO $
(Ea accident)
—
—ALL OWNED AUTOS BODILY INJURY $
— SCHEDULED AUTOS (Per person)
— HIRED AUTOS BODILY INJURY $ °I "
NON-OWNED AUTOS per accident)
_
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLALIABILI Y EACH OCCURRENCE
OCCUR []CLAIMS MADE AGGREGATE $
_ S
H DEDUCTIBLE S
_ RETENTION $ (( $
WORKERS COMPENSATION AND 1 TORY I IMT I TR I IDFR
EMPLOYERS'LIABIUTY
E.L.EACH ACCIDENT S
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL.DISEASE-EA EMPLOYEE S
If yes,describe under
SPECIAL PROVISIONS below _ E.L.DISEASE-POUCY OMIT $
A OTHER Professional SFA113841596 02/21/04 02/21/07 $2,000,000 Per Occ
Liability $2,000,000 Aggregate
$1,000 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Collier County is named as an additional Insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Governement DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Center NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Naples,FL 34112 ES.
Packet Page-569-PRESENTATIVE
tv9 "
Apr-27-04 15:54 From-Collier County Purchasing 941 732 0844 T-813 P_001/001 F-345
.— 4/12/2016 16.A.16.
ACORD CERTIFICATE OF LIABILITY INSURANCE D4IUT,2004"
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
RIEDEL,STUD,IONG&RSCHER HOLD . THIS CERTIFICATE
ER��AFFORDED BOOTTAE POI, EC BEi OW._
3570 CONSUMER STREET
SUITE 1 INSURERS AFFORDING COVERAGE
WEST PALM BEACH FL 33404
rtastJ AO Tomasello Consulting Engineers Inc. TNsuRER N Scottsdale las.Co.
5906 Canter St. -.11S>Rea 9: .
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Jupiter,FL 33499 I. -HID _ --.
INSURER E'
COVERAGES
THE POLIC IDS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSIJR_D NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ON UTAY PERTAIIN,THE INSURANCE AFFORDED BYTHE POUCI CONTRACT DESCRIBED HER IE DOCUMENT WITH TO ALL THE TERMS.S.EXCLU SAND CONDITIONS OF SUCH
ROUGES.AGGREGATE Le!11TS SMOINTJ MAY HAVE BEEN REDUCED BY PAID CLAIMS. PoucYExPlwrnoet
PM POLIL'Y NtrYIBER ra.L� I LNATS
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3301 Tamiarni Trail East Hoofs TO THE CERTEICATE HOLIER}NAMED TO THE LEFT,BUT FAILURE TD DO SO 3NALL
Budding-F'+ IM'OSE NO OBLICATTOP OR LIADILAY OF ANY Ru4b UPON THE S+SURER,ITS AGENTS OR
Naples,FL 34112 REPRESENTATIVES.
AUTHOR/2ED REPR23ENTATIM1E. ' L ■>
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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11. INDEMNIFICATION. The Consultant/Vendor, in consideration of One
Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted
through the signing of this document, shall hold harmless and defend Collier
County and its agents and employees from all suits and actions, including
attorneys' fees and all costs of litigation and judgments of any name and
description arising out of or incidental to the performance of this contract or work
performed thereunder. This provision shall also pertain to any claims brought
against the County by any employee of the named Consultant/Vendor, any
SubConsultant, or anyone directly or indirectly employed by any of them. The
Consultant/Vendor's obligation under this provision shall not be limited in any
way by the agreed upon contract price as shown in this Contract or the
Consultant/Vendor's limit of, or lack of, sufficient insurance protection. The first
One Hundred dollars ($100.00) of money received on the contract price is
considered as payment of this obligation by the County.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on
behalf of the County by the Transportation Operations Department.
13. CONFLICT OF INTEREST: 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 perfonn
those services.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component parts, all of which are as fully a part of the contract as if
herein set out verbatim: Consultant's Proposal Exhibit "A", Exhibit "B", and
Insurance Certificate.
15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the
Board of County Commissioners.
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
abque, etei:
BOARD OF COUNTY COMMISSIONERS
AT SST; COLLIER COUNTY,FLORIDA
Dwight E.'1141i,Clerk of Courts. . .. 0.C= By. 077
Daied.; . ,Lk"- -04 V Commiss oner Donna Fiala, Chairman
Attest as to Chairman's
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(SEAL)
Tomasello Consulting Engineers, Inc.
►� By
First Witness Signature
G RA,ciT P, VJ I L.0 r-
TType/print witness nameI
Richard S. Tomasello, P.E.
�
,- President
recond Witness Typed signature and title
vsT-tt+ - S`2yMcz/4K,
ype/print witness namel CORPORATE SEAL
(corporations only)
Approved as to form and
legal sufficiency:
Robert N. Zachary Y /°'
Assistant County Attorney
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tCde Tomasello Consulting Engineers, Inc.
5906 Center Street,Jupiter,Florida 33458
Phone 561-575-3910 Fax 561-744-1865 dixietom @aol.com
March 12,2004
Exhibit A
Scope of Work for Determination of 100-year floodplain boundaries and flood
elevations for five basins in Collier County, Florida.
TCE will perform a hydrologic/hydraulic model study for the following basins. These Basins are described as
follows:
A. Cocohatchee River- including CREW area, N.Airport Road, Pineridge Canal, Palm
River
B. Golden Gate Main Canal, downstream of 951 Canal - including I-75-1 and 2, I-75 Canal, Harvey
Canal, Green Canal, Golden Gate City drainage facilities, S. Airport Road, Golden Gate Main Canal
Basin south of GGM Canal(north of Radio Road to SR 951)and Gordon River Extension.
C. District 6—including Rock Creek,Haldeman Creek,Lely Canal
D. Henderson Creek/Belle Meade
E. Southern Coastal Basin
Each of the above basins will be setup with a grid network with soils, topography (LIDAR), channel alignments,
cross sections, culverts, control structures, and SFWMD WMS Permit information. The S2DMM model will be
applied in each basin. Other models, such as HECRAS may also be applied to supplement S2DMM evaluations as
necessary.
The models will provide sufficient detail to evaluate local flooding in SFWMD permitted as well
as unpermitted projects and undeveloped lands. SFWMD study and permit information will be
utilized as much as possible. Hydrologic data from SFWMD and County sources will be used to
calibrate the models to the extent possible.
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Concurrent tidal flood conditions will be used at the basin outfalls at elevations agreed upon by FEMA as
representative. The rainfall flood elevations will be defined based on 100-year design rainfall conditions. These
100-year rainfall flood elevations will be considered in addition to the 100-year coastal flood elevations (where
applicable)for the mapping of overall 100-year flood elevations. TCE will provide draft maps and coordinate with
Collier County and FEMA in sufficient detail to allow the final maps to be produced by the County and FEMA.
Work on the five study basins will proceed simultaneously with milestones based on the model setup status as
follows:
Model Setup Status
Setup 1: Grid networks will be setup with topography, soils, impervious/pervious (based on GIS land use
information and/or direct aerial photo interpretation). Primary canals and waterways (cross sections as
available) will be included along with associated water control structures. Hydrologic data pertinent to
model calibration will be compiled. Basic hydrogeologic inputs will also be included (based on SFWMD
MODFLOW studies)for better establishment of antecedent conditions.
A summarizing status report and the operational models of Setup 1 will be delivered to FEMA for review.
Setup 2: Secondary canals,major ditches, (with cross sections as available)and associated structures will be added
to the model setup. These data will be based largely on the Collier County Drainage Atlas and any
supporting data available. Barriers, including roads, levees, and berms, will be added. Permitted water
management systems (structures and lake details) will be compiled from SFWMD staff reports and added
to the setup. TCE will continue to gather hydrologic data including highwater marks and flooding reports.
A summarizing status report and the operational models of Setup 2 will be delivered to FEMA for review.
Setup 3: Details of tertiary drainage systems including pipes, swales, inlets, to the extent possible will be added
(with emphasis on known flood prone areas). Antecedent and boundary conditions will be defined for the
design storm simulations (based on discussions with and concurrence from FEMA). Calibration
simulations based on compiled hydrologic data and the present model setup will be accomplished.
Comparisons of the modeled and observed conditions will be reported and recommended modifications to
the model presented in a status report. The status report will summarize the Setup 3 operational models
delivered to FEMA for review.
Setup 4: Model initial and boundary conditions set up and 100-year rainfall applied to the model. The resulting
flood elevations will be mapped along with(where applicable)the 100-year coastal flooding elevations. A
draft mapping of the 100-year floodplain boundaries will be accomplished.
The Setup 4 model setup will be submitted to FEMA along with the map displaying both riverine and
coastal flood elevations and the map displaying draft 100-year floodplain boundaries.
After FEMA review of the draft maps TCE will assist the County in preparing the maps in the format that FEMA
requires.
SCHEDULE
TCE will deliver the model setups and associated materials according to the following schedule, assuming we
receive notice-to-proceed and the necessary topo data by Monday,March 8th 2004:
BASIN B,C BASIN A,D,E
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SETUP DELIVERY DATE DELIVERY DATE
1 4/30/04 5/30/04
2 6/19/04 7/19/04
3 8/08/04 8/28/04
4 9/27/04 10/07/04
Final Report&Maps 11/16/04 11/16/04
TCE will submit weekly status e-mails to the County and FEMA describing the progress toward completion of each
model setup and other deliverables.
Delivery of final flood maps will be 30 days after final approval of the draft maps.
COST
The cost of the study for each basin is as follows:
Basin: A B C D E
Setup 1: $11,250.00 $11,250.00 $10,000.00 $10,000.00 $7,500.00
Setup 2: $11,250.00 $11,250.00 $10,000.00 $10,000.00 $7,500.00
Setup 3: $7,500.00 $7,500.00 $6,666.00 $6,666.00 $5,000.00
Setup 4: $7,500.00 $7,500.00 $6,667.00 $6,667.00 $5,000.00
Final Report&Maps $7,500.00 $7,500.00 $6,667.00 $6,667.00 $5,000.00
Total $45,000.00 $45,000.00 $40,000.00 $40,000.00 $30,000.00
Delivery
Date
4/30/04 Setup $11,250.00 $10,000.00 $21,250.00
1 (B) (C)
5/30/04 Setup $11,250.00 $10,000.00 $7,500.00(E) $28,750.00
1 (A) (D)
6/19/04 Setup $11,250.00 $10,000.00 $21,250.00
2 (B) (C)
7/19/04 Setup $11,250.00 $10,000.00 $7,500.00(E) $28,750.00
2 (A) (D)
8/08/04 Setup $7,500.00 $6,666.00 $14,166.00
3 (B) (C)
8/28/04 Setup $7,500.00 $6,666.00 $5,000.00(E) $19,166.00
3 (A) (D)
9/27/04 Setup $7,500.00 $6,667.00 $14.167.00
4 (B) (C)
10/07/04 Setup $7,500.00 $6,667.00 $5,000.00(E) $19,167.00
4 (A) (D)
11/16/04 Final $7,500.00 $7,500.00 $6,667.00(C) $6,667.00 $5,000.00 $33,334.00
Rpt (A) (B) (D) (E)
$200,000.00
Billing Schedule—billing will accomplished at the end of each month.
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Procurement Services
Co 7f±1' �auily Change Order Form
Contract Modification 0 Work Order Modification ®Amendment
Contract#: 11-5626 Change#: 13 Purchase Order#: 4500102358 Project#: 50100
Contractor/Firm Name: Tomasello Consulting Engineers, Inc. Contract/Project: One Hundred(100)YearFlood Elevations for
Five(5)Basins in Collier County
Robert Wiley Capital Project Planning,Impact Fees and
Project Manager Name: Division Name: Program Management
Original Contract/Work Order Amount $ 215,000.00 3123/04;16A6 Original BCC Approval Date; Agenda Item#'
Current BCC Approved Amount $ 985,503.7d 5110111;16A10 Last BCC Approval Date; Agenda Item#
Current Contract/Work Order Amount $ 985,503.70 12/31/2016 SAP Contract Expiration Date(Master)
Dollar Amount of this Change $ 50,000.00 381.63% Total Change from Original Amount
Revised Contract/Work Order Total $ 1,035,503.70 5.07% Change from Current BCC Approved Amount
Cumulative Changes $ 820,503.70 5.07% Change from Current Amount
Completion Date,Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed 5/6/04 Original 11/16/04 Last Approved 12/31/16 Revised Date 12/31/17
Date Completion Date Date (Includes this change)
#of Days Added 365 Select Tasks ®Add new task(s) 0 Delete task(s) 0 Change task(s) 0 Other(see
below)
Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/
or the additional days added (if requested); 2.)why this change was not included in the original contract; and, 3.) describe the
impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
1. On 6/13/13 the County submitted the first of two Physical Map Revisions(PMRs)to FEMA's LOMC Clearinghouse as a follow-up to
the publication of the currently effective Digital Flood Insurance Rate Map(DFIRM).The goal is to update the DFIRM and make its
elevation information consistent and correct,This PMR#1 was processed through the LOMC Clearinghouse and forwarded on to
FEMA's Region IV office in Atlanta,GA on 1/14/14 where it was shelved because of a lack of federal funding. In May 2015 FEMA
Region IV was finally allocated the funding to start their detailed review of PMR#1.After review,they provided comments to the County
on 1/5/16.
This Change Order#13 will add a new Task 6B[Response to FEMA RAI Dated 1/5/16].at a cost of$50,000 for the preparation of
responses to FEMA's request for additional information for PMR#1 and extend the contract completion date by 365 days to allow time
for preparation of the response and hopefully be sufficient time for FEMA to review and approve the PMR#1 application for the next
step in the process to update the DFIRM.
2.This change was not included in the original contract because FEMA Region IV took approximately two years to provide the review
comments and when they did,they provided thirty-three(33)pages of comments and twenty-eight(28)pages of screen shot pictures,
which is approximately 1000%more comments/pictures than expected.Many of the comments delve into the minutae of the computer
modeling.
3. If this change is not processed the consultant will not be able to respond to the extensive list of questions from FEMA,and the
floodplain map will not be updated to reflect best available information for flood risk that can affect the health,safety and welfare of
property owners.
Prepared by: XvZ .A � Ip•'x'03"- ` ivAmv&� -ZMI's9cr"Fee'6 ;" Date: 33 fps'-•lea
(Project Manager Na and Division) ANN GleS9n4 A161,1
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same
terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The
adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/
Design Professional ariout of of related to the change set forth herein,including claims for impact and delay costs.
Accepted by: e `/, ::,. �Z' Date: -7?,7 1 % ! I
(Contractor/ endor/Consultant/Design Professional and Name of Firm,if project applicable)
Approved by: .V/r 9 Date: u
(Design Professional and Name of Firm,if project applicable)
Approved by: Date:
(Procurement Professional)
Revised:10/28/2014 (Divisions who may require additional signatures may include on separate sheet.) PROCUREMENT USE ONLY
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