Professional Services Agreement Summary

This is a Professional Services Agreement (DEP Agreement Number CN330) executed between the State of Florida Department of Environmental Protection (Department) and CUMMINS CEDERBERG, INC., a Florida Corporation headquartered in South Miami, Florida. The agreement, dated July 28, 2016, establishes an indefinite delivery/indefinite quantity (IDIQ) contract vehicle for professional statewide coastal engineering services. The contract is effective upon execution and authorizes an initial five-year term with provisions for renewal for up to three additional years, subject to satisfactory performance and annual legislative appropriation. The agreement is governed by Florida law and establishes Leon County as the venue for dispute resolution.

The consultant shall provide professional coastal engineering services including design schematics, site infrastructure design, surveys, elevations, soil reports, inspections, construction documents, bidding assistance, construction supervision, and pay request evaluations on a task assignment basis. Compensation is structured on a combination fixed fee and cost reimbursement basis as specified in individual Task Assignments, negotiated according to the State of Florida Department of Management Services Design Professional Fee Guidelines. Wage rates and labor burden are established in Attachment G, with the consultant billing at the lowest agreed labor rate appropriate for qualified staff performing the work. Reimbursable expenses include transportation, living expenses, reproduction costs, and agency approval fees. The Department retains all right, title, and interest in work products prepared under the agreement. The consultant must maintain errors and omissions insurance of $1,000,000 per occurrence, commercial general liability of $1,000,000 per occurrence and $2,000,000 aggregate, and automobile liability insurance of $1,000,000 combined single limit. All deliverables are subject to Department approval, with unsatisfactory work requiring reperformance at no additional cost within 15 consecutive days.