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12/05/16 Agenda (11/14/2016 reconvened) Cedar Hammock Community Development District Board of Supervisors Torn Cook,Chairman Bob Koncar,District Manager Gary McClellan,Vice Chairman Justin Faircloth,Assistant District Manager Larry Minamyer,Assistant Secretary Dan Cox,District Counsel Norman Day,Assistant Secretary Sam Marshall,District Engineer Quentin Greeley,Assistant Secretary Regular Meeting Agenda November 14,2016—3:00 p.m. Continued to December 5,5016-3:00 p.m. 1. Roll Call ** Organizational Matters A. Oath of Office of Newly Elected Supervisors B. Election of Officers-Resolution 2017-2 2. Approval of Agenda 3. Audience Comments 4. Approval of the Minutes of the October 10,2016 Meeting 5. Discussion of Road Maintenance Project 6. Old Business 7. New Business A. Bridging Solutions Recommendations for Bulkhead Repairs B. Lake Bank Signage 8. Manager's Report A. Financial Report for September,2016 B. Motion Assigning Fund Balance C. Resolution 2017-1 -Designating Secretary D. Field Management Report 9. Attorney's Report 10. Engineer's Report 11. Communication to Master Board 12. Supervisors Request 13. Adjournment THE NEXT REGULAR MEETING IS SCHEDULED FOR JANUARY 9,2017 at 3:00 P.M. _., - x,4 . > . '441 s Attractive & *, �� - "� , Feature-Filled . , r. ,_.,...--� verlast Vinyl golf course lakewalls have a clean look. J and we offer color choices and synthetic cap options to match the surrounding landscape.If the wall ever gets dirty,it can easily be pressure washed to look like new again. Fvetlaq Vinyl S walls ale perfectly 5uiled for Island *e l?.r Greens,lctalIiiIrj wells.relenlion/dalenllon ponds. channel linings and marsh/wetland barriers at golf course's.The product is made from recycled products and does not leach any harmful chemicals into the -- i► tr envuonment.The sheets are UV stabilized,quality .a. 'j- - 'E control tested and proven tolast..allwhilelookinggreat! ' " ' ��� G Yt u, ; .1wI ,It. 1,11tt,tEr` = _ - Affordable &sl ' � �► :� ; Minimally Disruptive C c urse rnen.Ther are re. ;y- eve designed our vinyl sheet ilio to CXi/C?CiuCCii 171u- iit i rho. accommodate golf course superintendents and their budgets.Golf course takewallsare .ikelre'a1lIOO;'.. IIT'(f!i,ii.LI often overlooked because of fear of the cost.However. - -be.a-1,Crs.r1`i'ill.6Jiilo Cresti'Car1 „ a after evaluating the long term costs,maintenance ) savors.and aesthetic benefits,the value speaks Ir itself. roy.E°Cis e r i>!l i up I t)i.17e Wri! { # � In manynonhernclimates msrallscanbedoneduting withotfr!t xiing fo worry aLC):- the winter months.so construction will have little to no t _T . impact onplayablityanotlercases,theworkcanbe tc"3i 1it`O i1. �Cu!'. - dare in conjunction with normal play or in some cases with temporary tee boxes/greens.Crews are able to work ,_ Kenny Davis .4 qulckly and normally have work completed within a very short time. '"'s•:‘•••••-•'''"''.'"'""--,:e47.4,:4t,•7•••ar.,14-t,,,:-*.r.',-,,t,"-w-t...,..' •-. '•--.•::...•...- • -,---:::D' ° ``' Learn More d y o .s -- �� teryAbout Vinyl Seawalls and { 4$4 Retaining Walls at Your Course Nt„ . p 'A ',..,54,,t-% u '/ : •<f t vm I `� • si ,z .:i. y a t _ I �3� ltd e raa 2 a, .e _ ----dmi--- _ ;5* s ,."1-0311-1111.47.-' m t �, i ' 'moi ,pra+� - "` ` .'e t .Ia i 3� 4. :, ,-eft Y ,,,,,,;-',4":1"1:' # , ,--4,'r ...Si... ''',75,,,:;''-,.„ ,,,7 4 ",x,, (-- ?,-.�:urnm # a .. •1gIN . ,4...iie^4;;:t4j,-,14'44r46,ieet,',:,'',,'A':';„':'',1 4-f,::,144:-3:,'!--,_•:.;,',-'4-7.': ...._,, ___. Golf Course Asa proud member of the GCSAA Vinyl. Everlast is working with both Golf ©3+®p,inked Ill . Course Superintendents and Seawalls Architects to design and retrofit golf courses that require long term } tti, s solutions for seawalls,bulkheads, ,, +a ;_ " 3 r#nA :i.--;.+:c1+7:-.i, � ���t a 3�.� P s�� and retaining walls. • 1 k �' i,. 1 ' .. ,. ., ,, It youd like to learn more about adding an Evertastri Vinyl lakewall or seawall to you'got I(ow 5e. Catl us at 1-800-687-0036 for a FREE PATOSI Wewillwalk you through the entire process from @verlaSt56aM►a1li.00[ri features.benefits.costs-both short term and long term- everlastseawalls.com and suggest local contractors to help with the install. *ft yiit FORGE 4.4 tr. INNOVATIVE ENGINEERING SOLUTIONS November 22, 2016 CEDAR HAMMOCK CDD C/o Mr. Justin Faircloth Severn Trent Services 5911 Country Lakes Drive Fort Myers, FL 33905 Phone: 239.245.7118 Email: Justin.faircloth@stservices.com Subject: Proposal for Engineering Consulting Services BULKHEAD WALL EVALUATION AND REPAIR/REPLACEMENT PLANS 8660 Cedar Hammock Boulevard Naples, Collier County, Florida Forge Engineering Proposal Number 2893-002.01P Forge Engineering Inc. (FORGE) is pleased to present this proposal for providing engineering consulting services related to the evaluation and repair/replacement options of the bulkhead wall located at the 16th hole on the subject property. Included in this proposal is the project information provided by you, our understanding of the project, our projected schedule, and our fee estimate for our services. Project Information Our understanding of your needs for our services on this project is based on information provided by you, together with some assumptions that we have made based on our experience. We understand the Cedar Hammock golf course has been experiencing continual failures in the bulkhead walls located throughout the golf course. Therefore, you have requested that FORGE evaluate the current condition of the bulkhead wall at hole #16 and provide the board with a report summarizing our findings along with repair/replacement options. We also understand that after the board has selected their option for repair/replacement, they would like FORGE to prepare the specifications, plans, and contract documents for a contractor to complete the work. Proposed Scope of Services Considering the project information outlined above, we have developed a scope of services that should meet your needs on this project. Our scope of services is divided into four distinct tasks. PO Lox 113040 w Naples Fl 34108-239 514 4100 Fax 239.514.4161 www.ForgeEng.com Proposal fo,c Engineering Corsolting Services FORGE Proposal No 2893-002 01t' Bulkhead Wall Evaluation and Repair/Replacement Plans-Cedar Hammock November 22, 2016 • TASK I: FORGE personnel will visit the subject site to document and evaluate the current condition of the bulkhead wall. Our observations will include both above and below water observations. The underwater observations will be completed with specialized equipment designed for video recording underwater. Our survey will not include any destructive/invasive testing. Upon completion of our inspection, we will analyze our findings and prepare a report. Our report will include a summary of our field procedures, our opinion of the current condition of the wall, and recommendations for repair/replacement options. We can discuss the results of our investigation with the board via a conference call, to assist them with their selection of the provided options. • TASK II: Once the board has selected a repair/replacement option for the subject project, FORGE will prepare construction plans, specifications, and contract documents adequate for transmittal to contractors for bidding and performing the work. The specifications will be presented in an outline format and will include sufficient information for an experienced contractor to perform the work. • TASK Ill: Once the association has approved the specifications and contract documents, FORGE will send out a request for bids to a minimum of three pre- qualified contractors capable of performing the work. Once the bidding process is closed, FORGE will review all of the bids, assess the completeness of each bid, and submit a line-by-line data comparison of the bids to the board along with comments regarding the bids completeness. • TASK IV: Once a contractor is selected and work begins, FORGE will provide personnel to perform periodic inspections during performance of the work at the subject site. During our inspections, we will review the contractor's work for general compliance to the project documents and the contract. We will also review the Contractor's pay requests and provide recommendations for processing the pay requests. We will be available to answer any questions that arise during the work and provide direction to any additional conditions that may arise. Schedule Considering our current schedule, we will be available to begin our field services within ten working days of receiving and accepting your written authorization. Once authorized to proceed we will contact you to schedule our site visit. We expect our field services on this project to be completed in one to two working days and our report to be completed within 10 workings days upon completion of our field services. We anticipate the project plans, specifications, and contract documents will be available for the association's review and approval within 15 working days following the board's selection of the subject work. We anticipate the bidding process to contractors will take approximately 20 days to complete. Our inspection services will be dependent on the contractor's schedule. Page 2 of 4 PC Box 113040-Naples.FL 34108-239-514.4100- Fax 239 514.4161 www.ForgeEng.com Proposal for Engineering Consulting Services F01-?GE Proposal N::. 2893-002.01P Bulkhead Wall Evaluation and Repair/Replacement Plans-Cedar Hammock November 22, 2016 Fee We will provide the scope of services for the various tasks outlined in this proposal as outlined below. TASK ESTIMATED FEE Task I: $1,800 lump sum Task II: $3,500 lump sum Task III: $1,400 lump sum Task IV: $400/inspection" 'Dependent upon the number of inspections and the contractor's schedule. We will submit an invoice at the completion of our scope of services and or monthly. The invoices are due upon receipt. Late payments will be invoiced at a rate of 1.5% per month, together with collection and attorney's fees. We reserve the right to suspend services, as well as dispose of any documentation that we have agreed to retain, in the event that your account becomes delinquent. Limit of Liability We will maintain insurance coverage in effect during our scheduled duration of involvement with this project. The applicable laws of the State of Florida will govern all the services performed in this study. Forge Engineering Inc., its officers, directors, employees, partners, agents, and subconsultants aggregate limit of liability on this project is $25,000 or our fee, whichever is greater. This limit applies to every legal theory or cause of action including negligence, errors, omissions, breach of contract, and warranty. This limit is enforceable to the fullest extent permitted by law. PURSUANT TO FS SECTION 558.0035(1)(c) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Page 3 of 4 PO Box 113040-rvlaples F1 34108 2.39-514.4100 Fax 2.39.514.E 161 www.ForgeEng.com r r000sal fur Engineering ConsultM0 Set vice.,, FORGE Proposal No 2393-002 01P Bulkhead Wall Evaluation and Repair/Replacement Plans-Cedar Hammock November 22, 2016 Authorization To authorize our services and to make this proposal the contract between us, please indicate your acceptance of this proposal and return to us a copy for our files. We appreciate the opportunity to submit this proposal and look forward to working with you on this project and future opportunities. Sincerely, FORGE ENGINEERING, INC. Jcc,vnes B. N i,L4o-w Corey M. Wand' James B. Nilson, E.I. Casey M. Ward, P.E. Staff Engineer Senior Engineer Distribution: 1 —Addressee (via email) 1 -File Proposal Accepted By: Typed/Printed Name: Firm Name: Date: Page 4 of 4 PO Box 113040-Naples H L.34103 239-51 41G0_ Fax 239-514.4161 www.ForgeEng.co►n . . , . . DELFA HEADQUARTERS 6497 PARKLAND DR., STE. C SARASOTA, FLORIDA 34243 _._...s C N G I NEE R I N G i .;-'i ; FX: 941-758-5012 www.delta-enginaers.com December 5,2016 Proposal No.D1611-302 Cedar Hammock Community Development District do Severn Trent Services 5911 Country Lakes Drive Fort Myers, FL 33905 Re: Proposal for Professional Services Dear Mr.Justin Faircloth: Thank you for your interest in Delta Engineering & Inspection, Inc. We appreciate the opportunity to bring Delta's high standards,professionalism, and expertise to your project.As per your request please see the attached proposal which outlines our scope of service. Should you request Delta to proceed,please provide us with the following information to begin this process. 1. Prior exploratory reports. 2. Necessary contact information to obtain site access. 3. Authorized agreement The accuracy of Delta's opinions relies upon our ability to examine the subject property in conjunction with the said building plans and required information. Meanwhile, should you have any questions or require additional information, please cell me directly at(941)727-2600. References may be obtained upon request. Respectfully submitted, DELTA ENGINEERING&INSPECTION,INC. Certificate of Authorization#8753 Steven J. Mainardi, P.E. Principal End: Professional Service Agreement ENGINEERS PROJECT MANAGERS INSPECTORS SARASOTA • FORT LAUDERDALE • NAPLES DELTA ENGINEERING & INSPECTION, INC. Headquarters DELTA ENGINEERING 6497 Parkland Drive, Suite C • RFSTORtiV6 THE PAST-ENG,INEERINO TIlE FUTIIRE's' Sarasota, FL 34243 (941) 727-2600 Fax (941) 758-5012 www.delta-engineers.com PROFESSIONAL SERVICE AGREEMENT(PSA) THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT...PLEASE READ CAREFULLY. Date: December 5,2016 Cedar Hammock Community Development District CLIENT: do Severn Trent Services PROJECT: D1611-302 ADDRESS: 5911 Country Lakes Drive PROPERTY: Cedar Hammock COD Fort Myers, FL 33905 ADDRESS: 8660 Cedar Hammock Blvd TEL. 239-245-7118 Naples, FL 34112 EMAIL Justin.Faircloth@stservices.com CONTACT: Mr.Justin Faircloth I/We(Client) hereby request that professional services be rendered, by Delta Engineering & Inspection (Consultant)at the above captioned address, for my/our sole use and benefit. I/We warrant that I(We will read the following agreement carefully. Uwe understand that IIWe are bound by all the terms of this contract. IIWe further warrant that I/We will read all documentation when received and will promptly call the Consultant with any questions or concerns. SCOPE OF SERVICES PHASE I:STRUCTURAL ENGINEERING DESIGN: Bulkhead Replacements et Lake#2,Hole#16 The following scope Is based on Information provided by the Client. 1) Site Visit to measure existing conditions and Review of As-built Construction 2) Site Specific Design Drawings for new retaining wall system at lake#2,hole#16 which includes: • Title Sheet • Notes&Specifications • Retaining Wall Plan • Elevations • Design Calculations • Wall Sections,as required • Structural Details 3) Provide Red Line Mark ups for client/contractor revisions—max.1 revision. 4) The consultant shall provide the Client with five (5) signed and sealed drawing sets. Additional Drawings sets will be billed according to the Standard Fee Schedule. The drawings are required and will be sufficiently detailed for permitting. Upon completion of Phase I,the Consultant will not proceed to Phase II without written authorization from the Client. Note 1)Additional engineering services to be provided by others that will be required for this work specifically are excluded from this PSA are as follows; -Civil storm water design modifications to the existing lake by others; -SWIWMD permitting by others; -Geotechnical testing by others. Note 2) At the time of installation your contractor may find hidden unforeseen site conditions which were not disclosed in the conceptual design. These unforeseen conditions are not included in the basic design concept and Fee, Page 1 of 6 DELTA ENGINEERING & INSPECTION Contract continued CLIENT: Cedar Hammock CDD PROJECT: D1611-302 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT... PLEASE READ CAREFULLY. Note 3) The work does not include materials testing, electrical engineering, HVAC, plumbing, fire protection, and architectural services. Client agrees to assume the risk for all site conditions. The Consultant shall not be responsible for fees associated with the construction of the subject: including but not limited to materials, labor, permits, zoning and testing materials and additional engineering support not included within the Consultant's responsibilities. PHASE II:BIDDING AND PROCUREMENT OF CONTRACTOR SERVICES: The next phase of service is provided during the contractor selection and bidding process.The Consultant will assist the Owner in the procurement of contractor bids for the above scope of work. Our services will Include the following: • Qualify up to three(3)contractors'for eligibility and qualifications. • Conduct one(1)on-site pre-bid conference with contractors. • Review of contractors'bids and qualify discrepancies. • Issue tabulation of bids with summary letter_ *Additional services not Included in base fee including those associated with change orders(CO)and supplemental information including but not limited to: • *Issue clarifications and addendums as required. • *Project Manual copies for bidding Upon completion of Phase II,the Consultant will not proceed to Phase Ill without written authorization from the Client. PHASE IIi: LIMITED CONTRACT ADMINISTRATION SERVICES: • Conduct field site assessments observing: o construction progress and sequence of operations o construction techniques o compliance with plans and specifications • Issue weekly"Field Observation Reports"that includes: o instructions I comments o digital photographs of site observations • Assist in the coordination of contractors • Review 1 research product submittals,samples,mock-ups,testing reports,data sheets and warranties. • Review contractor project schedules. • Review applications for payments for progress and completion—this will not be a clerk of the works accounting or auditing of the payment request these duties are considered beyond the scope. • Conduct/facilitate project meetings with contractors and consultants(i.e.preconstruction,progress meetings,etc.)(if requested) • Issue Job Progress Summary on a monthly basis with pay application review. • Issue a Certification of Substantial Completion upon substantial completion of the project. • Conduct punch outs assessments,develop punch lists and re-assess completed work • Review submitted warranties and close out documentation • Issue a Final Completion Certification upon project completion Additional services not Included in base fee Including those associated with change orders(CO)and supplemental information including but not limited to: • *Provide additional structural engineering and design services as required. • *Modify/revise construction documents and drawings as required. • *Review 1 research product substitutions • "Review change orders for changes in scope.(CO) • *Review requests for information.(RFI) • *Review weather delay requests. • "Issue supplemental Information as required. • *Issue meeting agendas and minutes if requested. • *Provide a bound Project Closeout Package`with ALL project contracts,submittals, CO's, RFI's, ESI's, RFPs,and warranties. Page 2 of 6 DELTA ENGINEERING & INSPECTION Contract continued CLIENT: Cedar Hammock CDD PROJECT: 01611-302 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. . .PLEASE READ CAREFULLY. OUTSIDE SCOPE OF SERVICES Areas not covered in the Scope of Services include,but are not limited to,any area that is not exposed to view,is concealed,or is inaccessible because of soil,walls,floors,carpets,ceilings,furnishings,or any other item that is not included in our observation. These services do not include geotechnical analysis;load testing,any destructive testing or dismantling or materials testing.Client agrees to assume the risk for all conditions,which are concealed from view at the time of the site visit. This work,which is performed to the best of the consultants abilities based on with visual observation,Is not a warranty,guarantee or insurance policy and may not reveal all damage or deficiencies due to these limitations.This assessment is"limited"and may not identify all existing deficiencies. Whether or not they are concealed,the following are outside the scope of service.Specific components noted as being excluded on the individual systems inspection forms,Prediction of life expectancy of any item,Zoning ordinance violations,Geological stability or soils condition;Engineering analysis;Termites,pests or other wood destroying organisms:Asbestos,radon,formaldehyde,lead, water or air quality,electromagnetic radiation or any environmental hazards and underground piping. LIMITATIONS ON LIABILITY PURSUANT TO SECTION 558.0035, F.S., AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES PROVIDED. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. ARBITRATION: Any dispute concerning the interpretation of the agreement or arising from these services, except one for assessment fee payment shall be resolved Informally between the parties or by arbitration conducted In accordance with the rules of the recognized Arbitration Association except that the parties shall select an arbitrator who is familiar with the building inspection industry. The Arbitrator shall conduct summary judgment motions and enforce full discovery rights as a court would as provided in civil proceedings by legal code. INDEMNITY: Client agrees to indemnify, defend and hold harmless Consultant and its officers,directors,agents,and employees from and against all claims, causes of action, liabilities,judgments, damages, losses, costs and expenses including reasonable attorney's fees including appellate proceedings incurred or suffered by Consultant and arising from the performance of the work and obligations imposed by this agreement that is brought by the Client's individual or several members (excluding the Client, itself)contractors, subcontractors, materialmen or agents of any tier of their respective employees regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The monetary obligation under this paragraph shall be limited to$500,000.00 which Client agrees bears a reasonable commercial relationship to the Work undertaken by the Consultant.Consultant agrees to Indemnify,defend and hold harmless Client and its officers,directors,and agents from and against all claims,causes of action, liabilities,judgments, damages, losses,costs and expenses including reasonable attorney's fees including appellate proceedings incurred or suffered by Client and arising from the performance of the work and obligations imposed by this agreement that is brought by the Consultant's individual or several members (excluding the Consultant, itself) regardless of whether or not such claim, damage, toss or expense Is caused in part by a party indemnified hereunder. The monetary obligation under this paragraph shall be limited to$500,000.00 which Consultant agrees bears a reasonable commercial relationship to the Work undertaken by the Consultant LIEN LAW: According to Florida's construction lien law(Sections 713.001-713.37, Florida Statutes), any person who performs services,such as an engineer,In connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property,rendered in accordance with his or her contract and with the direct contract,regardless of whether such real property is actually improved,and are not paid In full have a right to enforce their claim for payment against your property for any money that Is owing to him or her for his or her services used.This claim is known as a construction lien. This means if a lien is filed your property could be sold against your will to pay for labor,materials,or other services that you may have Page 3 of 6 DELTA ENGINEERING & INSPECTION Contract continued CLIENT: Cedar Hammock CDD PROJECT: D1611-302 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.. . PLEASE READ CAREFULLY. failed to pay.Florida's construction lien law is complex and it is recommended that whenever a specific problem arises,you consult an attorney. USE BY OTHERS: Drawings,specifications and other documents,prepared by Delta and Delta's Consultants are Instruments of Service for use solely with respect to this project. This includes documents In electronic form.All work prepared by Delta shall constitute the intellectual property of Delta;however,Client is granted an exclusive,non-royalty bearing license to use the work for its Intended purposes,at its intended location,Said work may not be used at any other location or for any other use without prior authorization.The Instruments of Service shall not be used by the owner for future additions or alterations to this Project or for other projects,without prior written agreement of Delta.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to Delta and Delta's Consultants. Delta shall retain ownership and property interest therein(including the right to reuse at the discretion of Delta)whether or not the Project is completed.The Client shall,to the fullest extent permitted by law,defend,indemnify,and hold harmless Delta from and against any and all costs,expenses,fees,lasses,claims,demands, liabilities,suits,actions,and damages whatsoever arising out of or resulting from such unauthorized reuse or distribution. COPIES:One hard copy and one electronic copy(PDF)of the final Construction Documents and/or Project Manual are included in the fee,where applicable.One hard copy and one electronic copy(PDF)of final reports are included in the fee,where applicable. Preliminary or progress documents included in the fee are as specified in the Agreement. Additional copies of preliminary or progress documents or additional copies of final documents shall be supplied upon request as an Additional Service. Costs to product Additional Service documents will be billed to the Client on a time and material basis. Material costs for documents are outlined in the Standard Fee Schedule. ATTORNEYS FEES: In any claim made by the Client against Delta,at law or otherwise,for any alleged error,omission or other act arising out of the performance of our professional services, that is not proven by the Client, the Client shall pay all costs, including attorney's fees,incurred by Delta defending itself against the claim.In any claim made by Delta against the Client,at law or otherwise,for any act arising out of this professional service agreement,that is not proven by Delta, Delta shall pay all costs, including attorney's fees,incurred by the Client defending itself against the claim. SEVERABILITY: Client and consultant agree that should a Court of Competent Jurisdiction determine and declare that any portion of the contract is void,voidable or unenforceable,the remaining provisions and portions shall remain in full force and effect. DISPUTES: Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property,as limited herein,shall be made in writing and reported to the inspector within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client's agents, employees or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a re-assessment by the consultant. Client understands and agrees that any failure to notify the consultant as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question. LEVEL OF SERVICE: It is explicitly understood and agreed upon that the level of service to be provided under this Agreement shall be limited to the degree of care and skill ordinarily exercised under similar conditions by reputable members of the engineering profession practicing in the same or similar locality. No other warranty,expressed or implied,Is made or intended by Delta's proposal for consulting services,or by any materials furnished by Delta to the Client in writing or orally. INSURANCE:Consultant agrees to maintain Professional Liability for the duration of the project. PROMOTIONAL MATERIALS: Client acknowledges Consultant may produce certain photographs, graphics, drawings, and/or models and like materials as a result of providing the services set forth above.Client does hereby authorize and consent to the use of said materials in connection with Consultants promotional programs including,but not limited to,its website and brochures.This provision will survive the termination and/or expiration of this Agreement. CLIENT RESPONSIBILITIES: 1. The Client shall furnish Delta Engineering&Inspection Inc.,prior to the scheduled site visit: a. a copy of building plans b. any prior exploratory or engineering reports 2. If required,the Client shall notify and coordinate with the contractor directly. 3. The Client shall provide Delta with the necessary contact information to obtain site access. Page 4 of 6 DELTA ENGINEERING & INSPECTION Contract continued CLIENT: Cedar Hammock CDD PROJECT: D1611-302 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. . . PLEASE READ CAREFULLY. 4. If Delta Engineering&Inspection,Inc.recommends consulting other specialized experts or additional testing,client must do so at client's expense. 5, The Client understands the Engineer will ngt be responsible for the Contractor means, methods, and quality of work,Installation,damages and schedule. 6. The Client understands that engineering oversight or construction administration services conducted by the Consultant is not a substitute for required permitting,plans review and/or inspections required by the local building department. 7. The Client shall be responsible for all drafting and architectural changes resulting from changes from initial concept design. 8. The Client shall be responsible for any other drawings which may be required by the municipality for permitting which are not included within the Consultant's responsibilities; including but not limited to electrical, HVAC, and plumbing,truss plans and architectural services. FEES: PHASE I: STRUCTURAL ENGINEERING DESIGN Est.: .—.....-----------._.__._..--.—._.—_....._---------._._.....--------•----.._..---------$10,000 All servicesrovide p d beyond proposed scope will be billed hourly in accordance with the standard fee schedule. PHASE 11: BIDDING AND PROCUREMENT OF CONTRACTOR SERVICES Fees based on Standard Fee Schedule:---------------------------------------Est.$1,500-$3,000 The work for the bidding phase will depend on the number of bidders, number of meetings with the Association and/or bidders,the scope of the repairs,and the expediency by the Association in selecting a contractor. PHASE Ili: LIMITED CONSTRUCTION ADMINISTRATION SERVICES Fees based Standard Fee Schedule----•---------- ___._----Est.$4,000-$5,000/month Estimated fees may vary due to the number of site inspections, re-inspections, unforeseen conditions, level of damage,contractors schedule,material substitutions,and change orders. 2016 STANDARD FEE SCHEDULE Principal Engineer: $205.00 lhr Faxes: $1.00/fax Mileage: $0.56 per mile Sr.Engineer/Threshold Insp.: $165.00/hr Project Engineer: $145.00 Thr Copies: $0.20/sheet Postage--1 x cost Engineer II: $125.00 fir Engineer is $110.00 fir 11x17: $1.00 loopy Sr.Project Manager: $145.00/hr Full Size: $2.00/copy Project Manager: $125.00/hr Proj.Manual: $95.00/copy' Sr.Inspector: $120.00 fir DT Report $95.00/copy' Inspector II/Eng.Tech: $95.00/hr Report: $35.00/copy" Inspector I: $75.00 lhr CD or Email: $45.00 leach' Drafter II: $75.00 lhr 'Plus time and materials for report duplication Drafter I: $65.00 lhr Large items,price per item&10% Admin: $55.00/hr Clerical: $50.00/hr Hourly billing Is based on 114 hour increments.When services are provided outside our offices,billing will be based on portal-to-portal time spent on project. Mileage shall be calculated from Delta nearest physical office address to the project site and shall be reimbursed at a maximum rate equal to the current IRS Standard Mileage Rate. All overnight travel related expenses will be billed at 1 x cost. Subcontractor services will be billed at 1.10 x cost. Litigation support(i.e.,mediation,arbitration,deposition and trial)will be billed at 1.5 x hourly rate on a minimum 6-hour day basis. Page 5 of 6 DELTA ENGINEERING & INSPECTION Contract continued CLIENT: Cedar Hammock CDD PROJECT: D1611-302 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.. . PLEASE READ CAREFULLY. TERMS: 1. A signed copy of this contract and initial deposit is required prior to commencement of service. 2. All fees less initial deposit will be invoiced upon the submittal. 3. All'Phase I"fees less initial deposit will be invoiced upon the submittal 4. All"Phase II"and"Phase III"fees will be invoiced semi-monthly. 5. All invoices are payable upon receipt. 6. All additional services will be invoiced semi-monthly and are payable upon receipt. 7. 1,5%interest will be charged monthly on all unpaid balances alter thirty(30)days. 8. The'Standard Fee Schedule"is subject to change.The consultant will provide 30 day written notification of all hourly rate fee adjustments. 9. The client or consultant may terminate this contract at anytime provided written notification is provided. All fees incurred that are associated with the scope of work described,will be the Client's responsibility to the date on which written notification is received by either party. I HAVE READ,UNDERSTAND AND AGREE TO ALL THE TERMS AND CONDITIONS OF THE CONTRACT AND AGREE TO PAY FEE LISTED. Signed: Date: Authorized Client Representative/Title Print: _, Title: INITIAL DEPOSIT: $5,000 Signed: Date: DELTA ENGINEERING&INSPECTION,INC./TITLE END OF CONTRACT Page 6 of 6 Bridging Solutions,LLC 15863 Secoya Reserve Circle =BRIDGING Naples,FL 34110 _ SOLUTIONS Tel.(239)216-1370 rtlphs 9brid,ing-solutions.eom www.bridzing-solutions.com November 22,2016 Justin Faircloth,Assistant District Manager Cedar Hammock Community Development District(CDD) c/o Severn Trent Management Services 5911 Country Lakes Dr. Ft.Myers,FL 33905 RE: Proposal to Provide Professional Engineering Services for: Final Design,Bidding and Construction Phase Services for Wall Replacement Cedar Hammock Golf Course Hole#16 Collier County,Florida Dear Mr. Faircloth: Bridging Solutions, LLC appreciates the opportunity to submit this proposal to provide engineering services based on: • Our wall evaluation study report dated April 9, 2015 • Our supplemental study report dated November 1,2016 • Discussions at the CDD Board meeting held on November 7,2016 This proposal provides a scope of services and fee for the design of two alternative wall designs. The contractors would be required to provide bids for both alternatives. Alternative 1 consists of a precast concrete modular block retaining wall system with geogrids buried in the back fill. This type of wall would be constructed in approximately the same footprint as the existing timber wall and would involve the reconstruction of a portion of the golf course behind the wall. The design of the reconstruction of the golf course is not included in this proposal. Alternative 2 consists of large precast concrete blocks acting as a gravity wall system that would be constructed immediately in front the existing wall.The design would be based on a commercially available precast product known as Redi-Rock. The existing timber wall would be cut down two feet below grade and left in place behind the new wall. This alternative requires approval by the SFWMD and a permit modification that would be performed by Banks Engineering. This alternative will likely be more expensive than Alternate 1 but would not require the reconstruction of the golf course. 1. SCOPE OF SERVICES 1.1. Wall Inspection—Perform a follow up inspection of the wall at hole#16 to update our inspection documentation prepared during past inspections. We design bridges to fit your site and budget. • j SOLUTIONS 1.2. Survey and Mapping —Perform a topographic survey in the vicinity of the walls and prepare mapping in AutoCAD format that extends the full length of wall and 30 feet on each side of the wall. We propose to have the CDD Board hire Banks Engineering for this work. Develop existing ground cross sections using the AutoCAD surface model at 25 foot intervals along the wall. Establish a horizontal control stationed base line on the drawings with ties to field control for use by the contractor during construction. 1.3. Preliminary Wall Design and Drawings - Develop preliminary wall design drawings for two (2) alternatives described above. The preliminary design plans will include notes requiring best practices for erosion control. Compute the estimated cut and fill quantities and prepare a preliminary engineer's opinion of probable cost. Attend a CDD Board meeting to review the design and drawings. 1.4. Permitting— Submit the preliminary plans and specifications to Collier County and the South Florida Water Management District and perform coordination related to the requirements for permitting for the wall replacement. We propose to have the CDD Board hire Banks Engineering for assistance with erosion control design and permitting tasks. 1.5. Final Bid Documents—Incorporate any comments from the reviewing agencies and develop the final signed and sealed plans, specifications and RFP for the wall replacement. Prepare a final engineer's opinion of probable cost. All final documents will be provided in electronic (PDF) format.Attend a CDD Board meeting to review the final bid documents prior to soliciting quotes. 1.6. Bidding Services—Assist the CDD District Manager with the preparation of an advertisement for the project for placement in the local newspaper. Conduct a pre-bid meeting on site with interested contractors. Provide access to the bid documents for the contractors using a shared Dropbox folder. Compile the written questions from the bidders and provide formal responses or addendum as required. Attend the bid opening. Review the bids and provide a recommendation letter for contract award. Attend a CDD Board meeting to review the bids and assist in planning for construction. 1.7. Construction Phase Services—Assist the CDD and the property manager with the administration of the contract.Conduct a preconstruction meeting to review contractor's means and methods and detailed project schedule. Review and approve project material submittals. Review written Requests for Information (RFI) from the contractor and provide written responses. Perform intermittent inspections during construction and prepare inspection reports. We assume (2) —4 hour inspections per week for the estimated duration of construction(3 weeks) for a total of 24 hours. Prepare"As-Built"drawings documenting all approved field changes during construction. Perform a final inspection and provide a letter of certification stating the wall was constructed in accordance with the plans and specifications. 2 We design bridges to fit your site and budget. BRIDGING yr, SOLUTIONS 2. TIME SCHEDULE The preliminary plans are planned to be completed by January 30, 2017 and construction is planned to commence in May or June of 2017. 3. COMPENSATION Bridging Solutions proposes to provide the above described services for a lump sum fee of$33,376. The attached proposal back-up forms provide a detailed breakdown of the fee options. This fee breakdown will be used to determine monthly progress billing amounts. 4. AGREEMENT TERMS If the above conditions are acceptable this proposal can become contractual by signing and dating below. The Terms and Conditions on the enclosed Exhibit A are incorporated and made a part of this Agreement. Please return one signed copy of this Agreement and Exhibit A to our office to serve as your authorization for us to proceed on this work. Thank you for your consideration of this proposal. Please contact me at 239-216-1370 if you have any questions. Respectfully, BRIDGING SOLUTIONS,LLC P Ralph Verrastro,PE Principal Accepted this day of ,2016 By: Signature Printed or Typed Title: 3 We design bridges to fit your site and budget. 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CO d d C LL b 0 c9 EXHIBIT A—Terms and Conditions Indemnification: Bridging Solutions,LLC agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonably attorneys' fees and defense costs,to the extent caused by the Consultant's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable.The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Bridging Solutions, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors,subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor Bridging Solutions shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. Limitation of Liability: In recognition of the relative risks and benefits of the Project to both the Client and Bridging Solutions,the risks have been allocated such that the Client agrees,to the fullest extent permitted by law,to limit the liability of Bridging Solutions to the Client for any and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert-witness fees and costs,so that the total aggregate liability of Bridging Solutions to the Client shall not exceed$50,000 or the project fee,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. PURSUANT TO FLORIDA STATUTES CHAPTER 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF BRIDGING SOLUTIONS, LLC MAY NOT BE HELD LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE. 'Termination of Services: This agreement may be terminated upon 5 days written notice by either party should the other fail to perform his obligations hereunder. In the event of termination, the Client shall pay Bridging Solutions, LLC for all services rendered to the date of termination,all reimbursable expenses,and reasonable termination expenses. Ownership of Documents: All documents produced by Bridging Solutions, LLC under this agreement shall remain the property of Bridging Solutions, LLC and may not be used by the Client for any other endeavor without written consent of Bridging Solutions,LLC. Dispute Resolution: Any claim or dispute between the Client and Bridging Solutions, LLC shall be submitted to non- binding mediation, subject to the parties agreeing to a mediator(s). This agreement shall be governed by the laws of the principal place of business of Bridging Solutions,LLC. Accuracy of Client Documents: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. Bridging Solutions, may use such information, requirements, reports,data,surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof Electronic Documents: The Client acknowledges Bridging Solutions'plans and specifications,including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of the moneys due to Bridging Solutions, LLC. The Client shall not reuse or make or permit to be made any modifications to the plans and specifications without the prior written authorization of Bridging Solutions, LLC. The Client agrees to waive any claim against Bridging Solutions arising from any unauthorized reuse or modification of the plans and specifications. Excluded Services: Services not set forth above in the Scope of Services of this agreement are specifically excluded from the scope of Bridging Solutions' services. Bridging Solutions' assumes no responsibility to perform any services not specifically listed in the Scope of Services. Fiduciary Responsibility: The Client confirms that neither Bridging Solutions, LLC nor any of our subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by Bridging Solutions, LLC or any of our subconsultants or subcontractors, as a consequence of Bridging Solution's entering into this Agreement with the Client.