Agenda 07/08/2014 Item #16C 57/8/2014 16.C.5.
EXECUTIVE SUMMARY
Recommendation to approve a contract with URS Corporation in the amount of $922,959 under
Request for Proposal Number 14 -6198, "Design and Support Services for the Collier County
Landfill Leachate Deep Injection Well," Project Number 70101.
OBJECTIVE: Obtain professional consulting services for design and support services for a planned deep
injection well at the Collier County Landfill (landfill) to provide a compliant, safe, reliable and cost -
effective means to dispose of leachate.
CONSIDERATIONS: The Board of County Commissioners (Board) adopted the Integrated Solid Waste
Management Strategy (ISWMS) that provides for environmentally sound and cost effective solid and
hazardous waste services to residents, businesses, and visitors. The deep injection well project has a
direct nexus to the ISWMS by enabling proper and compliant disposal of leachate and protecting our
environment for future generations.
The landfill is a 300 -acre Class -I solid waste management facility that accepts incoming solid waste six
days per week. The landfill is located in one of the wettest environments that produces leachate (water
that has passed through waste) throughout the year. The leachate produced in the landfill disposal cells is
collected by a complex leachate collection system and transferred to a lift station. The leachate is then
pumped to the County's sanitary sewer collection system flowing to the South County Water Reclamation
Facility for treatment and reuse.
As outlined in the Landfill Operating Agreement, the County is responsible for the disposal of the
leachate from the pump station. The landfill currently generates more than 20 million gallons of leachate
each year. This places a large demand on the wastewater collection system that will increase as more
disposal cells are built. The construction of a deep injection well will provide a long -term, fully
compliant, safe, reliable and cost - effective disposal strategy to manage leachate onsite. Most landfills in
South Florida dispose of their leachate through a deep injection well system providing best value,
compliant and reliable disposal.
On February 25, 2014, as Agenda Item 16C1, the Board approved the selection committee rankings that
selected URS Corporation to provide the required design and support services for the Collier County
Deep Injection Well project, and authorized staff to enter into contract negotiations. The parties
successfully negotiated a contract in the amount of $922,959.
The scope of work for the design and support services includes two phases:
Phase 1
• evaluate the existing landfill leachate management system;
• provide a cost analysis for each possible location of the deep injection well system, including cost
ramifications for the property;
• design a deep injection well system, including above and below ground design;
• complete all permits regarding the Class 1 deep injection well for landfill leachate disposal; and,
Phase II
• provide construction service oversight, when a construction vendor is approved by the Board.
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FISCAL IMPACT: Funding is available in, and is consistent with, the FY2014 Capital Budget approved
by the Board on September 19, 2013. The contract will be funded over two fiscal years. Phase I in the
amount of $297,836 will be funded in FY2014. Phase II in the amount of $625,123 will be funded in
FY2016, based on budget approval. The source of funding is the Solid Waste Capital Fund (474).
Design and permitting are expected to take 15 months with construction of the deep injection well
expected to begin in October 2015.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities
RECOMMENDATION: Recommendation to approve a contract with URS Corporation in the amount
of $922,959 under Request for Proposal Number 14 -6198, "Design and Support Services for the Collier
County Landfill Leachate Deep Injection Well," Project Number 70101; and, authorize the Chairman to
execute the contract following review and approval by the County Attorney's Office.
Prepared By: Dayne Atkinson, Project Manager, Solid and Hazardous Waste Management Department
Attachments:
1 - Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.5.
Item Summary: Recommendation to approve a contract with URS Corporation in the
amount of $922,959 under Request for Proposal Number 14 -6198, "Design and Support
Services for the Collier County Landfill Leachate Deep Injection Well," Project Number 70101
Meeting Date: 7/8/2014
Prepared By
Name: Dayne Atkinson
Title: Project Manager, Solid & Hazardous Waste Management
6/15/2014 11:07:46 PM
Approved By
Name: Joseph Bellone
Title: Director - Operations Support, Utilities Finance Operations
Date: 6/19/2014 8:00:15 AM
Name: HapkeMargie
Title: Recycling Coordinator, Solid & Hazardous Waste Management
Date: 6/19/2014 9:05:37 AM
Name: ChmelikTom
Title: Director - Public Utilities Engineering, Public Utilities Engineering
Date: 6/19/2014 4:25:38 PM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/24/2014 3:20:57 PM
Name: RodriguezDan
Title: Director - Solid Waste, Solid & Hazardous Waste Management
Date: 6/24/2014 6:11:46 PM
Name: BrilhartBrenda
Title: Procurement Specialist, Purchasing & General Services
Date: 6/25/2014 8:19:15 AM
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Name: MarkiewiczJoanne
Title: Director - Purchasing/General Services, Purchasing & General Services
Date: 6/25/2014 8:46:16 AM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 6/25/2014 8:56:34 AM
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 6/25/2014 12:47:18 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/25/2014 2:59:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 4:48:06 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/30/2014 3:30:58 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/1/2014 2:57:26 PM
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Contract # 14 -6198
"Design & Related Services for a Leachate Deep Injection Well System"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2014
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
URS Corporation Southern, authorized to do business in the State of Florida, whose business
address is 3050 Horseshoe Drive N., Suite 145, Naples, Florida 34104 (hereinafter referred to
as the "CONSULTANT').
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Consulting services of the
CONSULTANT for Design and Related Services concerning Leachate Deep Injection Well
System (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:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
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1.1. CONSULTANT shall provide to OWNER professional Design and Related Services
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 Daniel J. Levy, PG, a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
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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 the Local Government Prompt Payment Act
(218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)), ordinances,
codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Project or the
services to be provided and performed by CONSULTANT hereunder. In the event of any
conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful construction of
the Project.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and /or deficient documents, failure to comply with local, state
and /or federal requirements and /or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all- inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD 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. a
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing 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 specked in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER' office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager "). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, 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
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CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
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:
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9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance 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.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
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.
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Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
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
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conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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
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written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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,
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company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
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
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16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Joanne Markiewicz, Director, Procurement Services
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:
URS Corporation Southern
3050 N. Horseshoe Drive #164
Naples, FL 34104
Phone: (239) 649 -7208; Fax: (239) 649 -7216
Attn: Daniel J. Levy, Vice President/Principal -in- Charge
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
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17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
<)b'J
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Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 14 -6198 "Design & Related Services for a Leachate Deep Injection Well
System" Terms and Conditions
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 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
* * * * * * * ** *Signature page to follow * * * * * * * * **
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Design & Related Services the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
By:
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,
Bv:
Tom Henning, Chairman
URS Corporation Southern
Name and Title
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SCHEDULE A — SCOPE OF SERVICES
Contract # 14 -6198
"Design & Related Services for a Leachate Deep Injection Well System"
The Collier County Landfill (formerly known as Naples Sanitary Landfill) is a 310.97 -acre Class -1
solid waste management facility and accepts incoming solid waste 6 days a week. The landfill is
estimated to generate approximately 521,000 gallons /day based on peak daily HELP model
results and 201,000 gallons /day based on peak average monthly. This leachate is currently
collected via the landfill leachate collection system and conveyed to a County managed pump
station near the southwest corner of the current footprint of Cell 6 from where it is then pumped
to the South County Water Reclamation Facility for treatment and disposal.
PHASE I — PLANNING, DESIGN, PERMITTING AND PROCUREMENT
Task 1- Project Planning, Kickoff and Project Status Meetings:
This task will incorporate the following activities:
Prepare a detailed agenda for the kickoff meeting /workshop with the Project
Development Team (PDT) to review the project approach, data needs and factors that
will contribute to an efficient delivery. An initial discussion of siting options will be
conducted during the meeting with the objective of conceptually identifying the most
preferred option for further consideration. The decisions made during this meeting will
be documented and electronically distributed to all participants.
2. Prepare a Project Management Plan and a preliminary implementation schedule.
3. CONSULTANT will attend bi- monthly project status conference calls with the
COUNTY to provide regular updates on the progress of the project followed by written
updates transmitted by e- mails.
4. This task will include:
• One (1) public information meeting during the design phase;
• Prepare information as needed for presentation.
Task 1 Deliverable (Electronic Submittals):
• Kick -off Meeting /Notes/ Decision Documents;
• Project Management Plan;
• Bi- monthly Progress Conference Call Notes.
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Task 2- Engineering Analysis of Alternate Site Locations:
The following activities will be addressed under this task:
1. Identification of alternative sites - this task will only consider the siting of the deep well
near the existing pump station and the proposed Resource Recovery Business Park
(RRBP). The two locations will be evaluated relative to accessibility, space
constraints, future landfill expansion plans and loss landfill airspace, and potential
impacts to any existing wells. CONSULTANT will provide the pros and cons of each
location by considering the technical as well as the economic feasibility for
construction of the deep injection well system.
2. Potential impacts to existing permitted well fields and neighboring land uses –
CONSULTANT will identify all permitted DIWs within two (2) miles of the proposed
location(s) as well as all permitted production wells within 500 feet of the site. The
FDEP will require a variance to the permit if the DIW is within 500 feet of a Biscayne
or Upper Floridan Aquifer production well.
3. Schematic and plans showing conceptual layout of DIW system, elevations of a
typical well /equipment layout and the conceptual alignment of the leachate
transmission lines. The COUNTY will provide any available as -built drawings of the
current conditions to the CONSULTANT. CONSULTANT will assess, based on as-
built drawings and site visit, alternative alignments should there be any constraints for
construction.
4. Construction Issues:
• Coordination with landfill operations and other activities on site for access;
• Noise issues;
• Coordination with Collier County Water Utilities in regard to operating
schedules of existing production wells;
• Designate areas for site access, mobilization and staging areas;
• Options for disposal of drilling wastes;
• Designated Working areas and Site Access;
• Source and availability of test waters at the permitted flow to be injected for
twelve (12) hours;
• Construction hours that will impact schedule for completion of project.
5. Operational Issues:
• Document leachate injection projections for sizing injection well casing, tune
sizing and related sizes of outer casing;
• Hydraulic profile of liquids from current pump station to wellhead to determine
head loss;
• Evaluation of the existing pumping station for retrofitting;
• Power supply – primary and backup.
6. Project schedule implementation — The project schedule will include planning
and implementation of various phases including detailed design, permitting,
bidding and construction.
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Task 2 Deliverable (Electronic Submittals)
• Draft Engineering Analyses Report
• Final Engineering Analyses Report
Task 3 — Deep Iniection Well Permitting and Design Services:
The permitting and design services will include the following:
Schedule and attend meetings or conference calls with the COUNTY PDT during
the permitting process to provide regular updates.
2. Schedule and attend a pre - application meeting with FDEP and the Underground
Injection Control Technical Advisory Committee (UIC- TAC) to discuss and review
FDEP Underground Injection Control (FDEP -UIC) permitting requirements for the
construction of one (1) deep injection well and one (1) dual zone monitoring well.
Meetings will be held in the South District office of the FDEP in Fort Myers, Florida.
CONSULTANT will prepare and distribute meeting minutes.
3. Following any meetings or conference calls, CONSULTANT staff will prepare
meeting notes and transmit them via e-mail to the attendees. These meeting notes
will become part of the official project records.
4. Following the pre - application meeting with FDEP, CONSULTANT will prepare a
permit application and supporting documents necessary for a Class I Industrial
Injection Well and one (1) associated dual -zone monitoring well. The FDEP -UIC
permit application package will be submitted to the FDEP UIC -TAC for approval
before resuming preparation of the well design documents. The application will
include:
A. FDEP Application Form to Construct one (1) Class I Industrial Injection Well
System, with the all supporting information:
i. Local and regional geologic and hydrogeologic cross - sections and the
identification of the assumed location of the limits of underground source of
drinking water (USDW).
ii. Area of Review identifying all permitted wells within a 2 -mile radius of the site.
iii. Conceptual design of the injection well and monitoring well including system
flow schematic
iv. Technical Specifications (for the construction of the injection well and dual
zone monitoring well system).
5. CONSULTANT will respond to Requests for Additional Information (RFI) from the
FDEP and the UIC- TAC following the submittal of the construction permit
application.
6. Attend one (1) public meeting in response to the FDEP draft construction permit.
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7. CONSULTANT will prepare 60% complete design documents for the deep injection
well, wellhead piping and slab. The design documents will include specified testing
to be conducted during well drilling to characterize aquifer performance and water
quality through the vertical reach of the Floridan aquifer. CONSULTANT will
provide a copy of the draft package to the PDT for review and comments. The
specifications completed to this level of completion will be submitted with the permit
application.
8. Upon finalizing the 90% design drawings and specifications CONSULTANT will
provide a copy to each PDT member based on the feedback provided at the 60%
design review meeting.
9. CONSULTANT will submit an engineer's opinion of probable construction cost
based on the 90% complete drawings. CONSULTANT will perform an analysis of
the operating and maintenance (O &M) costs associated with the operation of the
DIW. Such costs will include equipment maintenance, power consumption, water
quality monitoring and mechanical integrity testing (MIT).
10. CONSULTANT will schedule a meeting the COUNTY PDT to review comments on
the 90% design and specification documents. Once comments are received, they
will be incorporated into the final design documents. CONSULTANT will prepare
the 100 - percent design submittal composed of contract drawings and technical
specifications, and provide a full set to the COUNTY PDT for final review and
comment. These documents will incorporate changes suggested by FDEP during
the permit process and will be used for obtaining a drilling contractor.
Task 3a— Surveyor Services:
Marco Surveying & Mapping, a CONSULTANT subcontractor, will perform a
topographic survey of the area related to the deep injection well system
(approximately two (2) acres). This will include elevation data on an approximate
one hundred (100) foot grid and also pick up any significant grade changes or grade
irregularities.
Notes /Assumptions:
1. The local permitting for the leachate transmission system will be closely coordinated with
the SDP for other construction activities.
2. Collier County will be responsible for timely payment of all permitting fees for this project.
Task 3 Deliverables (Electronic Submittals):
• 60% Design and FDEP Permit Application
• Final 60% Design to County and Permit Application to FDEP
• Draft 90% Design
• Final 90% Design
• Draft 100% Design
• Final 100% Design
Task 3a Deliverables (Electronic Submittals)
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• An AutoCAD of the completed topographic survey
• Signed and sealed surveyor's report
Paper copies of the above Design Plans shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Task 4 — Conceptual Site Planning. Engineering. Site Development and
Construction Plan (SDP):
These services will be provided by the CONSULTANT'S sub - contractor, Davidson Engineering
(DE), considering their familiarity with the site. The ERP storm water management design will be
incorporated into the overall site design. DE will prepare a site plan, a paving and grading plan,
a utility plan (as needed), a storm water management plan (see above), and construction details
and specifications consistent with Collier County and SFWMD requirements as applicable.
Below are key items that will be included in this task:
1. Prepare a site plan to meet the development objectives which will incorporate typical
site constraints. Final site revisions will be determined at this point.
2. Conceptual layouts of the surface water management system revisions, utility
locations, landscape buffers, access features, etc. DE will work with the COUNTY and
anticipates one revision to the plan in order to move forward with the construction
design tasks.
3. The concept design will be located within the Phase 4 "mitigation area" already
defined. This proposal assumes that mitigation work will be completed under a
separate contract and is not included in this Scope of Work.
4. This task will include a thorough study of the allowable uses and locations (per the
existing ordinance). It is anticipated that will be completed simultaneously with the
pre - application meetings with Collier County and South Florida Water Management
District ( SFWMD) which are included with Task 1.
5. Upon approval of the initial report by Collier County, DE will prepare a detailed
Engineering Report for submittal to the COUNTY. A phasing plan for the overall site
build -out (necessary for construction completion and certification) will also be
prepared. The development of the site will include a temporary fencing plan, a
laydown area for the contractor, and a site access road for the drilling equipment.
6. As part of this task, DE will coordinate with the Landscape Architect to prepare a
landscaping and irrigation plan to meet the County's standards and include it in the
SDP application package.
7. The final construction plan submittal package as required by Collier County will be
submitted to the COUNTY for initial review. Upon approval by the COUNTY, DE will
prepare an Engineer's opinion of probable cost for construction.
8. Following the submittal of the initial of the Site Development Plan application, DE will
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coordinate the re- submittal of all responses to comments from Collier County for the
SDP approval. DE will coordinate with all sub - consultants for re- submittals through
approval. This task assumes staged submittals for internal County Solid Waste staff to
review at 60 %, 90 %, and 100% design phases.
Task 4a — Surveyor Services
Marco Surveying & Mapping will perform an update of the Boundary Survey of the
Resource Recovery Business Park related to the deep injection well system. The original
survey was performed in March 2012.
Notes /Assumptions:
1. This task assumes staged submittals for internal County Solid Waste staff to review at
60 %, 90 %, and 100% design phases.
2. Geotechnical Design Services are not included in the task but will be included as an
optional task.
3. Landscape Architecture is not included in this task but will be included an as optional
task.
4. Access to the site is yet to be determined by the COUNTY, and is a critical component for
obtaining approval of this project.
Task 4 Deliverables (Electronic Submittals
• 60% SDP for County Permits
• 90% SDP for County Permits
• 100% Final Design SDP for Approval
Task 4a Deliverables (Electronic Submittals)
• Six (6) copies of the signed and sealed boundary survey by the surveyor
Paper copies of the above Design Plans shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Task 5 — Design /Permitting Services for Leachate Transmission System:
The permitting and design of the surface facilities and the piping system to transfer the leachate
to the well head is described in this task. The drawings prepared under this task may be
submitted together with drawings prepared under other tasks to the FDEP for review and
approval.
1. The CONSULTANT shall prepare 60% complete design documents for the leachate
transmission system. The design documents will include plan and profiles of the
proposed leachate transmission lines including required access points for cleaning and
maintenance of the lines. The CONSULTANT shall submit a package to the PDT for
review and comment. The proposed does not include a new pump station and it is
assumed that the existing pump station may be reconfigured to convey leachate to the
new deep injection well.
2. Upon receipt of the PDT comments on the 60% design, CONSULTANT will finalize the
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90% design drawings and specifications and submit them to the PDT for review.
3. The CONSULTANT shall submit an engineer's opinion of probable construction cost
based on the 90% complete drawings. This estimate will include the typical
contingencies based on the level of completeness of the drawings.
4. The CONSULTANT shall schedule a meeting the COUNTY PDT to review comments
on the 90% design and specification documents. Once comments are received, they
will be incorporated into the final design documents. CONSULTANT will prepare the
100 - percent design submittal composed of contract drawings and technical
specifications, and provide a full set to the COUNTY PDT for final review and comment.
Task 5a — Surveyor Services:
Marco Surveying & Mapping will perform a topographic survey off -site from the proposed
deep injection well system site. The survey will start at the leachate pump station of the
west side of the existing landfill site. It will run northerly along the western perimeter of
the landfill from the landfill fence to the toe of the slope of the existing cell. Cross
sections will be run on approximate 100 -foot intervals to the north boundary of the
landfill. Additionally, topography will be obtained along the south line of the Resource
Recovery Business Park in a swath approximately 50 feet wide in a westerly direction to
the proposed deep injection well site.
Task 5 Deliverables (Electronic Submittals)
• Draft 60% Design and FDEP Permit Application
• Final 60% Design to County and Permit Application to FDEP
• Draft 90% Design
• Final 90% Design
• Draft 100% Design
• Final 100% Design
Task 5a Deliverables (Electronic Submittals)
• An AutoCAD file of the off -site topographic survey
• Signed and sealed surveyor's report.
Paper copies of the above Design Plans shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Task 6 - SFWMD /FDEP Environmental Resource Permit Modification:
A pre - submittal / application meeting will be necessary to determine requirements for submittal
and discuss the future project. The following items will be covered in this task:
1. Prepare storm water management plans per SFWMD / FDEP Basis of Review (BOR).
This includes a full set of civil engineering plans necessary to obtain a construction and
operation permit.
2. Prepare surface water management routings and reports in a format consistent with the
SFWMD / FDEP BOR (both permits / basins).
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3. Coordination with SFWMD during initial submittal and engineering / environmental phase.
4. Prepare initial submittal package and submit for general construction and operation
permit to SFWMD. All necessary applications per the SFWMD BOR.
5. Update FLUCCS / site mapping as needed.
6. Prepare "Evaluation of Alternative Storm water Regulations" Report modifications, also
known as the Harper Analysis.
7. Revised existing nutrient loading calculations to be consistent with proposed site
construction.
Notes /Assumptions:
1. This proposal does not include preparation of any water use permits by DE
(construction or consumption).
2. It is assumed that the modified storm water management plan will utilize a dry
pond approach to avoid lake excavation. Should this change, additional
services will be required to prepare lake excavation plans and permit
coordination.
3. SFWMD / FDEP Response to RAI are included in this task on the assumption
that there will be no more than two (2) RAls.
4. A dewatering / consumptive use permit is not included with this scope.
5. All pre - application and submittal fees will be required from the client.
6. All hydrant flow test fees will be required from the COUNTY (if necessary).
7. Major revisions, as directed by the client, after substantial completion of the
construction plans will be considered as an additional service. DE will notify
the client immediately if this becomes an issue.
8. This proposal assumes that that there will be no site lighting required on -site.
9. This proposal assumes that a traffic analysis will not be required.
10. This proposal assumes that a right -of -way permit will not be required.
11. FDEP utility permitting is not included in this task.
12. It is assumed that the recently issued biological opinion will not need revised.
The planned work should be within the Phase 1 Mitigation areas.
Deliverables (Electronic Submittals):
• Draft SFWMD /FDEP General Permit Mod (with supporting documentation)
• Final SFWMD /FDEP General Permit Mod (with supporting documentation)
Paper copies of the above documents shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
TASK 7- Bid Phase and Procurement Services:
Subtask 7a: Attend Pre -Bid Meeting and Site Visit:
1. Coordination with COUNTY staff to receive final construction plans once the
pre - approval letter has been issued.
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2, Prepare and assemble necessary bid documents and bid schedules for the site
civil and landscape work.
3. A formal bidding package with PDF drawings will be provided to the Collier
COUNTY staff.
4. The CONSULTANT shall attend one (1) pre -bid meeting and site visit. This site
visit will also be attended by the CONSULTANT Project Manager and a Senior
Hydrogeologist. CONSULTANT's subcontractor, Davidson Engineering, will
coordinate and attend one (1) pre -bid meeting with the civil site work
contractors.
5. The CONSULTANT shall respond to written questions from the bidders
received by the COUNTY during the bid period. A written response to the
questions will be prepared by the CONSULTANT and submitted to the
COUNTY for inclusion as an addendum. CONSULTANT is assuming no more
than one (1) addendum will be required, but if additional addenda are needed
based on contractor questions, the written response will be provided by the
CONSULTANT at no additional cost.
Task 7a Deliverables (Electronic Submittals):
• Bid Documents
• Meeting notes and Response to RFIs received by COUNTY
• Summary Memorandum of bids received by COUNTY including recommendation for
award
• Electronic set of contract documents
Paper copies of the above documents shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Subtask 7b: Additional Procurement Services (as requested by the COUNTY)
PHASE II — POST DESIGN SERNICEWCONSTRUCTION ADMINISTRATION
Task 1- Deep Injection Well Construction Oversight:
The Scope of Work for this task will consist of:
1. Construction Administration
• Shop drawing review
• Contractor clarifications /responses to RFIs
• Review of monthly pay applications
• Attendance at Construction Meetings
• Facility start -up
• Certifications
• WQ and Testing Submittals
2. Pre- construction meeting
3. Construction Permitting
• Pre -con Meeting WDEP
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• Weekly summaries
4. Hydrogeologic testing services
• Contractor Coordination
• On -site geologist
• Tech Hydro Support
5. Engineering Field Services
Task 1 Deliverables (Electronic Submittals):
• Notes from pre- construction meeting with Contractor
• Notes from pre- construction meeting with FDEP
• Weekly construction progress report with daily logs
• Monthly Pay application reviews
• Substantial completion punch list
• Technical Memoranda of hydrogeological support activities
• Technical Memoranda of field engineering support activities
• Record Drawings for Deep Injection Well System
Paper copies of the above documents shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Task 2 - Deep Infection Well Operational Testing:
This task will include:
• Preparation of an operational testing plan for submittal to FDEP
• Meeting with FDEP to present data from construction and present plan
• RFI (1) from FDEP and Approval
• Operational test oversight
• Drilling & Testing report
• O & M Manual
• Compilation and Review of Test Data
Task 2 Deliverables (Electronic Submittals):
Pre- Operational Testing Report
• Meeting notes from FDEP meeting
• Operational Testing Review Report
Drilling and Testing Report
• O & M Manual for Deep Injection Well System
• Operation Testing Data Review Technical Memorandum
Paper copies of the above documents shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Task 3- Deep Injection Well Operations Permit:
This task will include:
• Preparation of the FDEP Operation Permit Application
• Financial responsibility update
0
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• Public Meeting
• RFI from FDEP
• Assistance with Public Notice
Task 3 Deliverables (Electronic Submittals):
• Deep Injection Well Operations Permit Application to FDEP
• Financial Responsibility review memorandum
• Notes from FDEP pre - application meeting
Paper copies of the above documents shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Task 4 - Site Construction Administration Assistance:
The Scope of Work for this task will be completed by DE, and will include coordination with
COUNTY staff and other agencies to receive final construction plans once the pre - approval
letter has been issued:
1. Attend pre - construction meetings with client or with general contractor as necessary for
construction related items / questions, etc.
2. Coordinate and attend a pre - construction and pre - utility meeting with the civil site work
contractors.
3. Prepare final record drawings of the site civil portion of the project (work tasked with this
contract only) for final site certification based on the as -built survey provided by the
construction contractor's surveyor.
4. Prepare final record drawings of utilities for the project based on the as -built survey
provided by the construction contractor's surveyor.
5. Assemble the utility dedication package for submittal to Collier County (as needed).
6. This includes coordination with the County Attorney's Office to obtain the necessary legal
documents.
7. Work with the underground utility contractor to finalize the construction cost verifications
as required by the COUNTY. The contractor will provide the cost verifications based on
the actual installed cost and final payment form. DE will review the documents for
accuracy (compare to record drawings).
8. Work with the County Attorney's Office to prepare and complete utility dedication
package (need land use attorney).
9. Prepare all other certifications for construction completion and permit transfers related to
this contract — DE's work within this contract (Collier County, SFWMD, and FDEP).
10. Prepare a punch list at substantial completion of landscaping installation (buffers),
confirm the work was installed per plan and specification, and provide both an as -built
document and Observation of Completion Form to be submitted to the COUNTY during
the preliminary project acceptance phase.
Task 4a — Surveyor Services
Marco Surveying & Mapping will update the site specific topographic survey for the deep
injection well system and the off -site topographic survey for the leachate transmission
line from the landfill leachate pump station to the deep injection well based on the
contractor markups during construction.
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Task 4 Deliverables (Electronic Submittals):
• Notes from pre- construction meeting with Contractor;
• Construction progress report based on periodic site visits;
• Substantial completion punch list;
• Record drawings for leachate transmission system based on contractor's field mark-
ups;
• Certifications for completion of construction and permit transfers;
• Utility dedication package to assist the County Attorney.
Task 4a Deliverables (Electronic Submittals)
• AutoCAD file of the completed updated
specific and leachate transmission line
• Signed and sealed surveyor's report
as -built topographic surveys for the site
Paper copies of the above documents shall be provided to the COUNTY and billed at actual
cost with no mark -up. The quantity of each shall be determined by the Project Manager.
Task 5 - Project Manaaement/Bi- monthly Meetings /Closeout:
The Scope of Work for this task will include:
1. Attendance at Project Kick -off Meeting, Construction progress meetings, and Project
Close -out and Final PDT Inspection
Task 5 Deliverables (Electronic Submittals):
Notes from construction project kick -off meetings, construction meetings, project close -out
meeting and Final PDT inspection report.
Phase II Reimbursable Expenses
The following items are allowable expenses under Phase II of this Agreement:
Expenses
Cost
# of Days/Weeks
Not to Exceed
Hotel daily rate
$57.00 per day X 2
154
$17,556.00
staff = $114.00 per
day
Per diem
$30.00 per day X 2
154
$9,240.00
staff = $60.00 per da
Estimated Mileage
22 round trips @ 250
22 weeks for
$4,895.00
miles ($0.445 per
2 vehicles
mile
Total: $31,691.00
Note: Duration of field activities is estimatea at zl weeKS
Hours of Operation: 7 days a week
2 Staff per day (12 hr shifts)
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For Phase I and Phase II services, paper copies of documents shall be provided to the
COUNTY and billed at actual cost with no mark -up. The quantity of each shall be determined by
the Project Manager.
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM & TIME AND MATERIAL
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 Dayne Atkinson, Project Manager. Solid & Hazardous Waste Management Dept.,
Collier County Public Utilities Division, 3339 Tamiami Trail E., Naples, Florida 34112,
Telephone (239) 252 -5337.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payment(s) and time and material payment(s) to CONSULTANT in accordance with the
terms stated below and Attachment 2 to this Schedule B. Provided, however, in no event shall
such compensation exceed the amounts set forth in the table below. Payments will be made in
accordance with the following Schedule; however, the payment of any particular line item noted
below shall not be due until all services associated with any such line item have been completed
to OWNER'S reasonable satisfaction.
ITEM
PHASE - r
FEE
PAYMENT SCHEDULE
Phase I - Tasks 1 - 7a
LUMP SUM
Lump Sum
1.
Project Planning /Kickoff /Monthly
$55,457.00
Monthly Upon Percent
Meeting
Complete of Task
2.
Engineering Analyses of
$20,048.00
Monthly Upon Percent
Alternate Site Locations
Complete of Task
3.
Deep Injection Well Permitting
$120,564.00
Monthly Upon Percent
and Design Services
Complete of Task
3. a
Surveyor Services
$2,500.00
Upon Completion of Task
4.
Conceptual Site Planning,
$40,125.00
Monthly Upon Percent
Engineering, Site Development
Complete of Task
and Construction Plan
4. a
Surveyor Services
$1,500.00
Upon Completion of Task
5.
Design /Permitting for Leachate
$25,038.00
Monthly Upon Percent
Transmission System
Com lete of Task
5. a
Surveyor Services
$4,000.00
Upon Completion of Task
6.
FDEP /SFWMD Environmental
$25,444.00
Monthly Upon Percent
Resource Permit Modification
Complete of Task
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7.a
Bid Phase and Procurement
$3,160.00
Monthly Upon Percent
Services
Complete of Task
Tasks 1 -7a Lump Sum Total
$297,836.00
Phase I — Task 7b
NOT TO
Time and Material
EXCEED
7.b
Additional Procurement Services
$4,000.00
Time & Material — Not to
as requested by County)
Exceed
Phase II — Tasks 1 — 5
Time and Material
1.
Deep Injection Well Construction
$450,060.00
Time & Material — Not to
Oversight
Exceed
1 a.
Reimbursable Expenses
$31,691.00
Time & Material — Not to
Exceed
2.
Deep Injection Well Operational
$55,080.00
Time & Material — Not to
Testing
Exceed
3.
Deep Injection Well Operations
$9,990.00
Time & Material — Not to
Permit
Exceed
4.
Site Construction Administration
$19,475.00
Time & Material — Not to
Assistance
Exceed
4. a
Surveyor Services
$2,100.00
Upon Completion of Task
5.
Project Management/Monthly
$49,816.00
Time & Material — Not to
Meetings/Closeout
Exceed
6.
Paper document costs for
$2,911.00
Time & Material — Not to
Phases I and II
Exceed
Time and Material — Not to
Phase I: Task 7b and Phase II:
$625,123.00
Exceed
Tasks 1 -5 Time & Material
Total:
GRAND TOTAL FEE
Phase I and Phase II
$922,959.00
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Two Hundred
Ninetv -Seven Thousand Eiaht Hundred Thirty -Six Dollars ($297,836.00) and on a Time
and Material Basis Not to Exceed Six Hundred Twenty -Five Thousand One Hundred
Twenty -Three Dollars ($625,123.00) to be paid to CONSULTANT for the performance of
the Basic Services.
B2.3. 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
B.3.5.1 below. There shall be no overtime pay on Additional Services without OWNER'S
prior written approval.
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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 and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses associated with Additional Services must comply
with section 112.061, Fla. Stat., or as set forth in the Agreement, be
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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.
END OF SCHEDULE B.
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ATTACHMENT 1 TO SCHEDULE B
PROFESSIONAL FEE SCHEDULE
Title Hourly Rate
Principal
UIC Expert
Senior Project Manager
Senior Engineer
Engineer
Sr. Environment Specialist
Environment Specialist
Scientist/Geologist
Sr. Geologist
Senior Designer
Sr. Technician
CADD Tech
Administrative
[+l mr+llklCl 11 TAAITC•
$206
$180
$172
$157
$123
$134
$109
$85
$118
$134
$85
$81
$62
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PHASE I:
LUMP SUM
DAVIDSON ENGINEERING, INC.
$83,449
MARCO SURVEYING & MAPPING LLC
$8,000
AQUATECH GEOSCIENCES, INC.
$64,860
PHASE II:
TIME AND MATERIAL
Hourl Rate
DAVIDSON ENGINEERING, INC.
Principal
$204.75
Senior Project Manager
$157.50
Engineer
$131.25
Senior Project Coordinator
$89.25
Senior Environmental Specialist
$162.75
MARCO SURVEYING & MAPPING LLC
Surveyor and Mapper
$125
2 Man Field Crew
$110
3 Man Field Crew
$135
AQUATECH GEOSCIENCES, INC.:
Senior Hydrogeologist
$138
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SCHEDULE C
PROJECT SCHEDULE
TASK
DESCRIPTION
from .date
- Notice to Proceecl
for. Servii6ear or Task,
under thrs ,
Agreement <.
Phase I
1.
Project Planning /Kickoff /Monthly Meeting
364
2.
Engineering Analyses of Alternate Site Locations
42
3.
Deep Injection Well Permitting and Design Services
264
3. a
Surveyor Services
264
4
Conceptual Site Planning, Engineering, Site
Development and Construction Plan
157
4. a
Surveyor Services
157
5.
Design/Permitting Design/Permitting for Leachate Transmission System
182
5. a
Surveyor Services
182
6
FDEP /SFWMD Environmental Resource Permit
Modification
140
7.a
Bid Phase and Procurement Services
333
7.b
Additional Procurement Services (as requested by
the County)
333
Phase II
1.
Deep Injection Well Construction Oversight
336
1 a.
Reimbursable Expenses
NA
2.
Deep Injection Well Operational Testing
525
3.
Deep Injection Well Operations Permit
637
4.
Site Construction Administration Assistance
442
4. a
Surveyor Services
442
5.
Project Management/Monthly Meetings/Closeout
501
6.
LPaper document costs for Phases I and II
NA
Note: The cumulative number of calendar days from the Notice to Proceed (NTP)
provided above provides a reasonable time period to allow for County review as well as
permitting issuance of permits by regulatory agencies based on our previous
experience. The schedule assumes separate NTPs for Phase I and Phase il.
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the 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.
(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
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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
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $500,000 Each Accident
$500,000 Disease Aggregate
$500,000 Disease Each Employee
The amounts of such
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X_ Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable _X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
_X General Aggregate $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self- insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
claims.
(4) Coverage shall be included for explosion, collapse or underground property damage
(5) 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
(7) 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
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(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 - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
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$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
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(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
the provision of project - specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self - insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, URS Corporation Southern hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning Design & Related Services for a Leachate
Deep Injection Well System are accurate, complete and current as of the time of contracting.
URS Corporation Southern
BY:
TITLE:
DATE:
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SCHEDULEF
KEY PERSONNEL, SUBCO SULTANTS AND SUBCONTRACTORS
URS
of T
Daniel J. Levy, P.G.
Principal
Thomas Kwader, PhD., P.G
UIC Expert
<1
Vivek "Vik" Kamath, P.E.
Senior Project Manager
3
Chen Li, P.E.
Senior Engineer
10
Ramiro Herdocia, P.E.
Engineer
3
Babu Madabhushi
Sr. Designer
10
Keith Stannard
Sr. Environmental Specialist
0
Valerie Chartier
Environmental Specialist
0
Edward Marks, P.G.
Scientist/Geologist
1
Pavel Terselich
Scientist/Geologist
16
David Schulte, P.G.
Scientist/Geologist
16
Jamie Sullivan
Scientist/Geologist
16
Carlos F. Garcia, P.G.
Sr. Geologist
16
Candace Beauvais, P.G
Sr. Geologist
1
Michael Powell
Sr. Technician
1
Ivan Alvarez
CADD Tech
0
Christine Gibson
Administrative
5
3
SUBCONSULTANTS
Davidson Engineering, Inc.
Marco Surveying & Mapping LLC 8%
Aquatech GeoSciences, Inc. 1%
15%
F-1 J6
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