Agenda 09/08/2015 Item #16A449/8/2015 16.A.44.
EXECUTIVE SUMMARY
Recommendation to award and authorize the chairman to sign contract 15 -6452, Modeling Services
for Surface Water and Groundwater Management to Lago Consulting & Services, LLC for
professional surface water and groundwater modeling services for the protection of existing
wellfields and future groundwater resources for a not to exceed amount of $216,892.50.
OBJECTIVE: To award contract 15 -6452, Modeling Services for Surface Water and
Groundwater Management to Lago Consulting & Services, LLC for professional surface water
and groundwater modeling services for the protection of existing wellfields and future
groundwater resources.
CONSIDERATIONS: The Collier County Land Development Code 3.06.00 Groundwater
Protection provides for protection of existing wellfields and future groundwater resources
through creation of wellfield risk management special treatment overlay zones (WPZs), within
which specific development is prohibited or regulated. This work will update the current WPZs,
initially created with the 1989 & 2003 Voorhees & Mades models, by using a MIKE
SHE/MIKE 1 l three - dimensional model with current hydrologic /geologic data, surface water
vulnerability components, new /updated wellfield and other water supply data. The MIKE
SHE/MIKE11 model will produce defendable WPZs reflective of both surface water and
groundwater relationships and vulnerabilities. County staff is recommending utilizing the MIKE
SHE/MIKE 11 model to be consistent with the recent modeling effort of the Watershed
Management Plan.
On July 7, 2015, the Board of County Commissioners (Board) approved the selection committee
ranking of consultants and directed staff to enter into contract negotiations with Lago Consulting
• Services, LLC, pursuant to Florida Statutes Section 287.055. Staff met with Lago Consulting
• Services, LLC on July 8, 2015 and successfully negotiated a contract, for a not to exceed
amount of $216,892.50, subject to the Board's approval.
FISCAL IMPACT: Funds for this project are available in FY15 budget Fund 114- 178975.
There is no incremental maintenance cost associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. SRT
GROWTH MANAGEMENT IMPACT: This work is consistent with Objective 1 and its
attendant Policies of the Natural Groundwater Aquifer Recharge Sub - Element and Objective 3.3
and its attendant Policies of the Conservation and Coastal Management Element, both addressing
the updating of computer models to characterize various ground water characteristics to ensure
the protection of wellfields and potable water supplies.
RECOMMENDATION: To award and authorize the chairman to sign the County Attorney
approved contract 15 -6452 Modeling Services for Surface Water and Groundwater Management
to Lago Consulting & Services, LLC for professional surface water and groundwater modeling
services for the protection of existing wellfields and future groundwater resources.
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Prepared By: Danette Kinaszczuk, Pollution Control Manager, Engineering and Natural
Resources Division, Growth Management Department
Attachments: Contract 15 -6452, Modeling Services for Surface Water and Groundwater
Management
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.44.
Item Summary: Recommendation to award and authorize the chairman to sign contract
15 -6452, Modeling Services for Surface Water and Groundwater Management to Lago
Consulting & Services, LLC for professional surface water and groundwater modeling services
for the protection of existing wellfields and future groundwater resources for a not to exceed
amount of $216,892.50.
Meeting Date: 9/8/2015
Prepared By
Name: Danette Kinaszczuk
Title: Manager - Pollution Control, Growth Management Department
8/6/2015 4:13:22 PM
Submitted by
Title: Manager - Pollution Control, Growth Management Department
Name: Danette Kinaszczuk
8/6/2015 4:13:23 PM
Approved By
Name: LorenzWilliam
Title: Division Director - CDES Engineering Svc, Growth M
Date: 8/10/2015 4:44:44 PM
Name: MarkiewiczJoanne
Title: Division Director - Purchasing & Gen Svc, Administrative Services Department
Date: 8/12/2015 7:22:45 AM
Name: HerreraSandra
Title: Manager - Procurement, Administrative Services Department
Date: 8/12/2015 7:34:39 AM
Name: JohnsonScott
Title: Manager - Procurement, Administrative Services Department
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Date: 8/12/2015 9:13:16 AM
9/8/2015 16.A.44.
Name: KovenskyKenneth
Title: Division Director - Operations Support, Growth Management Department
Date: 8/13/2015 10:02:38 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/13/2015 3:38:51 PM
Name: EvelynColon
Title: Purchasing - Procurement Specialist
Date: 8/13/2015 4:39:38 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 8/14/2015 1:58:38 PM
Name: WilkisonDavid
Date: 8/14/2015 3:23:09 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/14/2015 4:22:00 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/18/2015 9:56:15 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:13:00 PM
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Contract # 16 -6452
"Modeling Services for Surface Water and Groundwater Management"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20_
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
Lago Consulting & Services LLC, authorized to do business in the State of Florida, whose
business address is 4237 Henderson Boulevard, Suite 201, Tampa, Florida 33629 (hereinafter
referred to as the "CONSULTANT ")
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Consulting Modeling
Services of the CONSULTANT concerning Modeling Services for Surface Water and
Groundwater Management (hereinafter referred to as the "Project "), said services being more
fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated
herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
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:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Modeling 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 Peter deGolian, Senior Project Manager, 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
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arising out of or relating to this Agreement. The CONSULTANT agrees that the Project
Coordinator shall devote whatever time is required to satisfactorily manage the services to be
provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be
removed by CONSULTANT from the Project without 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, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically
those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply with public
records laws, specifically to:
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(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
_the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER
of such conflict and utilize its best professional judgment to advise OWNER regarding resolution
of each such conflict. OWNER'S approval of the design documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary for
successful construction of the Project.
1.7.1. The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required 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,
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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.
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by 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.
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
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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 Ordinance and Procedures in effect at the time such
services are authorized. These services will be paid for by OWNER as indicated in Article Five
and Schedule B. Except._ in an emergency endangering. life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty -eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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
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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 OWNERSs office.
2.7. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
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.
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ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager "). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
(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,
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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 speck cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
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perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5. In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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. CIT
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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, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ( "Project Documents "). 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.
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
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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.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County 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.
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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 coverage of CONSULTANT shall be primary to any insurance or self -
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self- insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and 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,
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
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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.
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
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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.
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
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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
CONSULTANTS 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
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
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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 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.
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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 CONSULTANTS 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.
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:
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Board of County Commissioners
Collier County Florida
Procurement Services Division
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239- 252 -8407
Fax: 239- 252 -6480
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:
Lago Consulting & Services LLC
4237 Henderson Boulevard, Suite 201
Tampa, Florida 33629
Phone: 813 - 774 -5559; Fax: 813 - 774 -5559
Attn: Marcelo E. Lago, Vice President
Email: Marcelo _lago- consulting.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
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17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
Schedule F
KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
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RFP # 15 -6452, Modeling Services for Surface Water and Groundwater
Management Terms and Conditions
Consultant's Proposal
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 contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity, may not ' be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through 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 TWENTY -ONE
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
sea. 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 Modeling Services the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
Date:
Approved as to Form and Legality:
Assistant County Attorney
Name
Witness
Name and Title
Witness
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Tim Nance, Chairman
Lago Consulting & Services LLC
Consultant
By:
Name and Title
f"
h
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SCHEDULE A
SCOPE OF SERVICES
Background
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The Collier County Groundwater Protection Ordinance (GWPO) was adopted to safeguard
groundwater aquifers, which are the major sources of potable water in Collier County. That
ordinance was incorporated into the County's Land Development Code in Sections 3.06, 10.02,
and 10.04. In order to protect these critical groundwater resources, Collier County (County)
established groundwater protection zones through a series of wellfield risk management special
treatment overlay zones around public water supply (PWS) wellfields. These zones are the
basis of land use management regulations as it pertains to activities that may impact ground
water within a specified zone.
The weilfield risk management special treatment overlay zones were derived from a three -
dimensional computer model analysis of groundwater and solute transport within the County's
underlying freshwater aquifer. This Voorhees & Mades (V & M) model was initially created in
1989 and updated in 2003.
The County Growth Management Division, Engineering and Natural Resources Department
(E &NRD) seeks to update the model. In addition to managing risks to groundwater resources
associated with certain land uses, is recognition of the potential risk factors to water supplies
associated with the network of surface water storage, drainage, and conveyance canals located
throughout the County. E &NRD would like to re- evaluate the risk areas and update the three
dimensional modeling to include a surface water vulnerability component, new wellfields, other
water supplies, and other areas of concern in the modeling analysis.
A MIKE SHE/MIKE11 integrated ground and surface water model was developed for use by
Collier County Watershed Management Plan (WMP), Collier County Watershed Management
Model, Atkins 2012.
In 2014 the E &NRD retained Stantec to assist with the evaluation of the MIKE SHE /MIKE11
model as a replacement for the V & M model in updating the County's assessment of risk areas
to include surface water and groundwater components. A 2014 report titled Collier County
Wellhead Vulnerability Assessment was prepared detailing the steps taken to evaluate the MIKE
SHE/MIKE11 model. The report concluded that the MIKE SHE /MIKE11 model is a viable tool for
the surface water and groundwater vulnerability assessment.
The E &NRD proposes to adapt the Collier County MIKE SHE/MIKE11 model for use in
developing a surface water and groundwater vulnerability assessment for each of the potable
water supply wellfields that utilize the surficial, Tamiami and Sandstone aquifers, potable surface
water source(s) and other areas of concern.
This project scope of work provides for:
• Updating the Collier County MIKE SHE/MIKE11 WMP Model (based on the recent
improvements to the Big Cypress Basin FloodWatch model and to the Lower West Coast
Water Supply Plan model).
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• Evaluation of potential contributions to groundwater from the surface water features.
• Development of local scale models for identified areas.
• Delineation of protection zones for the identified water sources.
• Evaluation and estimation of contribution areas and flow paths around areas of concern
and identified groundwater monitoring wells.
A MIKE SHE /MIKE11 model will be developed to define areas of vulnerability based on both
surface water and groundwater contributions. The model will be developed using the 2014
version of the MIKE SHE software. The model will be based on the existing Collier County
WMP, and it will be updated to include the most recent land use and hydrologic data
improvements to the Big Cypress Basin (BCB) Floodwatch Model and the updated
hydrogeological inputs to the South Florida Water Management District (SFWMD) Lower West
Coast Water Supply Model (LWCWSM). The Consultant will compile data from the sources
identified above as well as, information pertaining to the permitted utility infrastructure to be
included in the model of each public supply wellfield /source listed below, and other sources as
needed. The Consultant will meet with the utility owners and other information providers to
confirm that the information to be used in the modeling effort is the best and most recent
information available.
Reference
Number
Table 1, Areas to be Evaluated
Responsible Party/Utility Stakeholder
1
East Golden Gate Wellfield
Citv of Na les
2
Coastal Ridge Wellfield
City of Na les
3
Orange Tree Wellfield
Orange Tree Utility
4
Ave Maria Wellfield
Barron Collier Companies Water Utilities
5
Collier County Golden Gate Wellfield
Collier County Water -Sewer District
6
Collier County Northeast Wellfield
Collier County Water -Sewer District
7
Everglades City Wellfield
City of Everglades.
8
Golden Gate City Wellfield
Florida Governmental Utility Authority
9
Immokalee Wellfield
Immokalee Water & Sewer District
10
Marco Lakes Water Supply Lake
Marco Island Utilities
11
Port of the Islands Wellfield
Port of the Islands Community Improvement District
12
Pine Ridge Industrial Park
13
Up to 5 areas identified in Task 6.0
14
Ten (10) identified monitoring wells:
Well Name
Latitude
Longitude
CCN4
26.28364
1.77129
CCN5
26.28293
81.77914
CCN6
26.27924
81.77534
CCN8
26.29266
81.77720
CCN11
26.26758
81.78540
CCS2
26.14554
81.74750
CCS15
26.08477
81.71614
CCS17
26.07173
81.71172
CCS20
26.10321
81.74303
MW -11
2617733
81.80264
The updated countywide model will be run to verify the calibration of the model is equal to or
better than the current County WMP model. The updated MIKE SHE /MIKE11 model will be run
at a grid size of 1500 feet or smaller for purposes of confirming adequate calibration and to
identify locations within the model domain where surface water features may be contributing to
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groundwater supplies. Additional areas of concern will include the Marco Lakes Water Supply
system and the Pine Ridge Industrial Park. This scope also covers up to five other areas and
work associated with groundwater monitoring wells.
During execution of this project, a total of 10 finer grid "telescoped" models will be developed for
areas 1 -10. These will be sized so that the Pine Ridge Industrial Park and the five (5)
contamination sites to be evaluated in Task 6 are included within the domain of at least one of
the telescoped models. These telescoped models will utilized a maximum grid size of 400 feet.
Key hydrologic elements such as well locations and potentially contributing surface water
features will be identified and added to the higher resolution models. Particle tracking
methodologies will be used to delineate the area of groundwater contribution for each wellfield
within the improved telescoped models for each of the protection zone travel time areas. In
addition to identifying the updated protection zones per LDC 3.06.03, for areas 1 -11 in Table 1,
the Consultant will provide graphic output of flow patterns and intensities from the telescoped
models for the Pine Ridge Industrial Park and the five contamination sites identified in item 13.
Results from the coarse regional model, or the telescoped models may /will be used to provide
graphic output of flow patterns and intensities for Item 14 in Table 1.
The principal technical tasks necessary to meet these objectives are as follows:
• Meetings and Coordination
• Data Compilation
• Update Existing Collier County MIKE SHE /MIKE11 WMP Model
• Extract Telescoped Models
• Define Protection Zones
• Evaluate Known Contamination Zone Contributing Areas
At the conclusion of each task a technical memorandum (TM) or appropriate deliverables will be
prepared, documenting the efforts and results of each task. All electronic data associated with
the modeling will be made available to the County at their request throughout the duration of the
project. A final submittal of all electronic data and geospatial maps will be provided at the end of
the project, in a format acceptable to the County. Upon request, all of the developed models
must be available to the County for six (6) years after the conclusion of the project.
Detailed Scope of Work
Task 1.0 Meetings and Coordination
Task 1.1 Project Meetings
The Consultant will coordinate with the County and subconsultants through regularly scheduled
meetings, letters, transmittals, e- mails, memoranda and other forms of formal and informal
communication, as appropriate. The Consultant will attend up to six (6) project
coordination /progress meetings with County staff throughout the duration of the project as
follows:
1. Project Team Kick -Off and Project Implementation Meeting
2. TM 1: Data Compilation Review Meeting
3. TM 2: Update Existing County Model
4. TM 3: Extract Telescoped Scale Models and Define Groundwater Wellhead Protection
Areas
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5. TM 4: Evaluate Contributions from Canal Networks and definite Surface Water Protection
Zones
6. TM 5: Evaluate Contamination Zones for Known Contributing Area and Existing
Monitoring Well Network
Task 1.2 Additional Meetings and Coordination
Additional meetings will be necessary to coordinate with stakeholders such as the Collier County
Water Department, SFWMD, or other permitted utility stakeholders as necessary. The
Consultant will attend additional coordination meetings not delineated under Task 1.1. as
necessary.
Deliverables:
1. Meeting agendas and meeting notes will be prepared and provided by the Consultant
for all meetings associated with the Tasks. Maps, tables, diagrams, and other
illustrative materials will be prepared for the purpose of discussion and information
sharing, as necessary.
Task 2.0 Data Compilation
Extensive data enhancements have been identified and generated stemming from the previous
1989 and 2003 efforts. Additionally there are new data sources that the County wishes to
include in the modeling efforts. Data compilation will include collection and evaluation of the
data as to its applicability in meeting the County's modeling objectives.
The Consultant will work with County staff and others as needed, to develop a detailed list of
potential data sources and targeted stakeholders. Sources for the data will include the County,
SFWMD, BCB, USGS, NOAA, and FDEP. Data sources to be evaluated include the following
types of information:
1. Hydrogeologic
2. Hydrometerologic
3. Well withdraw zones
4. Known contamination sites
5. Surface water features
6. Geologic and land use reports /documents
7. Population and demand growth rates from the 2012 LWC Water Supply Plan Update
8. Well construction data
9. Consumptive Use Permits for allocations greater than 100,000 gpd
10. Permitted infrastructure
11. Lower West Coast Public Supply .Plan
12. Collier County water level data
13. Geomorphology related to groundwater and surface water movement
14. Surface water and groundwater monitoring data for stage, flow, and head.
Deliverables:
1. One (1) electronic copy of the draft technical memorandum detailing methods,
efforts and results of Task 2.0 in Word and PDF via email. The project team will
meet with County staff to present the draft memorandum and solicit input from
County staff prior to preparing the final technical memorandum.
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2. One (1) electronic copy of the technical memorandum in Word and PDF via email.
3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared
and provided to the County for the purpose of discussion and information sharing, as
necessary.
Task 3.0 Update Existing Collier County MIKE SHE/MIKE11 WMP Model
Update the existing model to include features and improvements included in the BCB
Floodwatch and the Lower West Coast Water Supply Plan models that are currently under
development by the SFWMD. The simulation period will cover the years 2008 through 2014.
This task contains the following subtasks:
Task 3.1 Perform a Run -time analysis to evaluate the potential of grid cell size reduction
from 1500 ft.
Task 3.2 Update climate data.
Task 3.3 Update land use and associated files.
Task 3.4 Modify the MIKE11 network to include new structures and features included in
the BCB Floodwatch model.
Task 3.5 Modify the hydrogeologic data from Lower West Coast Water Supply Plan model.
Task 3.6 . Update soil setup as in the BCB model.
Task 3.7 Verify model calibration.
The Project team will perform the tasks identified within Task 3.0 and then meet with the County
(Task 1.0) to discuss the efforts and results associated with the run -time analysis and the
potential grid size reduction, model updates, and verification of the calibration.
Deliverables:
1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts
and results of Task 3.0 in Word and PDF via email. The project team will meet with
County staff to present the draft memorandum and solicit input from County staff prior
to preparing the final technical memorandum.
2. One (1) electronic copy of the technical memorandum in Word and PDF via email.
3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared
and provided to the County for the purpose of discussion and information sharing, as
necessary.
4. All model input and output files.
Task 4.4 Extract Telescoped Scale Models and Define Groundwater Wellhead Protection
Areas
Individual, high resolution models will be developed for areas 1 -10 in Table 1 and will be used to
define groundwater travel times. This task includes several subtasks.
Task 4.1 Run -time analysis — This task will define the appropriate model area and grid size
for each telescoped model. It is assumed that each telescoped model will have a grid cell size
of 400 feet or less.
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Task 4.2 Extract Local Scale Models for individual areas 1 -10 as identified in Table 1. This
task includes the rediscretization of model inputs at the higher resolution.
Task 4.3 Add details to surface water features in the higher resolution. This would include
the explicit definition of appropriate secondary or tertiary drainage features, as wells, lakes,
canals, and other water storage features and controls in each model area.
Task 4.4 Verify telescoped model calibration.
Task 4.5 Forward and Reverse Particle tracking methods will be completed 'using the
telescoped models for areas 1 -10 as described in Table 1 to delineate groundwater contributions
to each of these wellfields. Protection zones corresponding with 3.06.03 of the LDC will be
developed for areas 1 -10 in Table 1 using the telescoped models and the coarse model for area
11 in Table 1. Average -year conditions will be assumed for delineation of the wellfield protection
zones. The wellfield protection zone for Area 11, the Port of the Islands Welffield, defined in
Table 1 will be developed using the coarse model. It is acknowledged that the 1 -, 2 -, and 5 -year
travel time zones defined for Area 11 may be affected by the grid cell size of the coarse model.
Task 4.6 Prepare a water budget analysis. As part of this task, an initial assessment will be
completed for areas 1 -11 defined in Table 1 to evaluate the interaction between the canal
network and groundwater system. This will be completed using the updated coarse scale
model. Monthly average water budgets will be calculated in order to account for the seasonal
variations. The results will indicate which areas may be at risk of groundwater contamination
associated with predicted losses from the canal network into the groundwater.
Deliverables:
1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts
and results of Task 4.0 in Word and PDF via email. The project team will meet with
County staff to present the draft memorandum and solicit input from County staff prior
to preparing the final technical report.
2. One (1) electronic copy of the technical memorandum in PDF via email.
3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared
and provided to the County for the purpose of discussion and information sharing, as
necessary.
Task 5.0 Evaluate Contributions from Canal Network and Define Surface Water Protection
Zones
Based on the results of Task 4.6, it may be necessary to complete a more detailed analysis of
surface water contributions to groundwater. This task would be completed using the telescoped
models for wellfields that may be affected by surface water contributions. For budgetary
purposes it is assumed that no more than six (6) wellfields will require a detailed evaluation and
no more than three (3) wellfields will delineation of surface water contributing areas.
Task 5.1 Prepare a detailed evaluation of areas where losses occur from the canal network
into groundwater by using the local scale models. This is expected to improve the accuracy of
the results produced by the initial assessment using the coarse model and to provide information
about new drainage features added during development of the telescoped model. This
assessment may differentiate if losses from the canal network are due to the presence of
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structures (and the seepage around structures), pumping from potable water supply wellfields, or
other reasons.
Task 5.2 Based on the results of Tasks 4.6 and 5.1, an evaluation of the surface water
contributing area for areas 1 -10, 12, and 13 in Table 1 may be required. The surface water
drainage basins associated with canal or stream segments that were identified as having the
potential to contribute surface water to the groundwater system will be defined using GIS tools
that consider the permitted drainage features and topography.
Task 5.3 Prepare a memorandum identifying the available information and recommendation
of source information to utilize in the development of the final report.
Deliverables:
1. One (1) electronic copy of the draft technical memorandum detailing methods,
efforts and results of Task 5.0 in Word and PDF via email. The report will provide
estimates of surface water contributions (if they exist) for areas 1 -10, 12, and 13 in
Table 1. The Consultant will meet with County staff to present the draft
memorandum and solicit input from County staff prior to preparing the final
technical memorandum.
2. One (1) electronic copy of the technical memorandum in Word and PDF via email.
3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared
and provided to the County for the purpose of discussion and information sharing,
as necessary.
Task 6.0 Evaluation of Contamination Zones for Known Contributing Areas and Existinq
Monitorina Well Network
This task will better define groundwater flow patterns around other areas of concern including
the Pine Ridge Industrial Park, up to five (5) known contamination sites, and ten (10) identified
monitoring wells. These areas are identified as items 12, 13, and 14 of Table 1, respectively.
Generally speaking, this task can be completed using either the coarse or telescoped models. It
is noted that Item 12, the Pine Ridge Industrial Park falls within the expected area of the
telescoped model that will be developed for the Coastal Ridge Wellfield and that many of the
contamination sites that would be considered from Item 13 also are located within the domain of
one of the telescoped models. For budgetary purposes, it is assumed that no additional models
will be required to complete this task.
Task 6.1 Pine Ridge Industrial Park (Item 12 in Table 1)
The location of the Pine Ridge Industrial Park falls within the expected area of the telescoped
model that will be developed for the Coastal Ridge Wellfield. Maps that represent groundwater
flowfields for the area will be prepared from the Coastal Ridge Wellfield telescoped model.
Task 6.2 Five (5) Known Contamination Sites (Item 13 in Table 1)
A maximum of five (5) contamination sites, similar to examples listed in Table 2 below.
Table 2 - Examples of Contaminated Sites to be Evaluated
No. Site Name Cleanup Score Latitude I Longitude
1 Hess # 09462 60 I 26.171228 1 - 81.791004
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2
Sunshine Shell
56
26.186533
- 81.186533
3
US Postal Service
26
26.163246
- 81.790271
4
7- Eleven # 34148
27
26.203443
- 81.799548
5
Courtesy Chevron
26
26.169293
- 81.799887
If the five (5) areas identified are within the telescoped models developed during Task 4, graphic
outputs of flow patterns and intensities will be extracted directly from the telescoped models. In
the event, that one or more contaminated sites are located outside of the telescoped models,
graphic outputs of flow patterns and intensities will be extracted from the coarse regional model.
Task 6.3 Ten (10) Monitoring Well Sites (Item 14 in Table 1)
In this task, graphic outputs of groundwater flow patterns and intensities will be produced for the
10 monitoring well sites identified in Item 14 of Table 1. The results will be extracted from either
the coarse regional model, or the telescoped models depending upon the location of each
specific well.
Deliverables:
1. Geospatial maps and other illustrative materials will be prepared illustrating the
graphic flow patterns and intensities for evaluated areas under this task.
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
Board of County Commissioners, Clerk's Finance Department, ATTN: Accounts Payable,
3299 Tamiami Trail E. Suite 700, Naples, FL 34112, Or emailed to:
bccapcierk@colliercierk.com
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.
Tasks
LUMP SUM FEE FOR:
FEE
PAYMENT SCHEDULE
1
Project Meetings and
$21 756.00
Monthly Upon Percent Complete of
Coordination
Task
2
Data Compilation
$16,461.50
Monthly Upon Percent Complete of
Task
3
Update Existing Collier County
$50,368.00
Monthly Upon Percent Complete of
Model
Task
Extract Telescoped Models (10
Monthly Upon Percent Complete of
4
models) and Define Wellhead
$102,185.00
Task
Protection Areas
Evaluate Contributions from
Monthly Upon Percent Complete of
5
Canal Network and Define
$14,922.00
Task
Surface Water Contribution
Zones
6
Evaluation of Contamination
$11,200.00
Monthly Upon Percent Complete of
Zones
Task
TOTAL FEE Total Items 1-6
$216,892.50
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B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Two Hundred
Thousand. Eight Hundred Ninety Two Dollars and Fifty Cents ($216,892.50) to be paid to
CONSULTANT for the performance of the Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. . The negotiated fee shall be • based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.5. Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees earned that month for both Basic Services and Additional Services.
Invoices shall, be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number
of the purchase order granting approval for such services shall appear on all invoices.
13.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
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B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
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.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.
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Subronsul#ants
Attachment 1
Water Science Associates
SCHEDULE B
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Hourly Rate
Senior Scientist Project Manager
$ 118.00
Senior Engineer
$ 157.00
Principal Geologist
$ 172.00
Senior Hydro Geologist
$ 138.00
Hydro Geologist
$ 110.00
Senior Project Manager
$ 172.00
Project Manager
$ 147.00
Engineer
$ 94.00
Subronsul#ants
Lurnp Sum, Ndt.•to' Exceed
Water Science Associates
$34,712.00
Stantec
$9,009.50
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the County and the firm as needed for the Project.
END OF SCHEDULE B.
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
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Cur�tulativ ►U
ofi Calencfr �3as
FOF Comp an
Task" `
-
o
cpan
- frame Date cif:
�rocee�'f or
..
�rvtwces 6vj7} tics
r
1
Project Meetings and Coordination
350
2
Data Compilation
42
3
Update Existing Collier County Model
140
4
Extract Telescoped Models (10 models)
294
and Define Wellhead Protection Areas
5
Evaluate Contributions from Canal
Network and Define Surface Water
301
Contribution Zones
6
Evaluation of Contamination Zones
350
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SCHEDULE D
INSURANCE COVERAGE
('l) 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
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
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(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)
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:
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.
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Applicable X Not Applicable
(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:
X Single Limit per Occurance $1,000,000
Products /Completed Operations Aggregate $2,000,000
Aggregate $2,000,000
(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
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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) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(5) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(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:
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
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(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:
X $1,000,000 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
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term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
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
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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.
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END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Lago Consulting & Services LLC 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 Modeling Services for Surface Water
and Groundwater Management are accurate, complete and current as of the time of
contracting.
Lago Consulting & Services LLC
M
TITLE:
DATE:
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Contract # 15$452 "Modeling Services for Surface Water and Groundwater Management
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9/8/2015 16.A.44.
SCHEDULEF
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Lago Consulting and Services:
Personnel Title
Peter deGolian Project Manager
Marcelo Lago, PhD Principal Modeler
Ananta Nath, P.E. D.WRE. Principal Engineer
Maria Bravo, PhD, EIT Modeler /Engineer
Water Science Associates:
Personnel Title
Kirk Martin, P.G. Principal Geologist
Brian Barnes Principal Geologist
Michael Taylor, P.G. Senior Geologist
Michael Barnes Geologist
Stantec:
Personnel Title
Tim Hancock, AICP Principal Planner
Kelly Blake, P.E. Senior Project Manager
Engineer Intern
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Contract # 1552 "Modeling Services for Surface Water and Groundwater Management
Packet Page -1040- ��