Agenda 04/25/2017 Item #11D04/25/2017
EXECUTIVE SUMMARY
Recommendation to provide public notice of the intent to resume and amend Professional Services
Agreement No. 06-4000 with CH2M Hill, Inc. for the Vanderbilt Beach Road Extension project,
and upon successful negotiations, bring back an amended contract for final approval to complete
the design which was suspended, but never terminated, by the Board of County Commissioners.
(Project No. 60168)
OBJECTIVE: To resume the design services for Vanderbilt Beach Road Extension that meets projected
capacity needs in the most cost effective manner.
CONSIDERATIONS: An extensive planning study for the Vanderbilt Beach Road corridor was
initiated in January 2005. The findings indicated that without a new corridor by 2025, traffic demands
would exceed capacity on Immokalee Road, Collier Boulevard and Golden Gate Boulevard. The study
offered several alternative alignments. A preferred alignment was chosen and approved by the Board of
County Commissioners at a special meeting held on April 17, 2006.
CH2M Hill, Inc. completed the design plans to the 60% stage, prepared reports, and made presentations at
various Public Information Meetings. In tandem with this design phase, County staff completed several
negotiations and condemnations of parcels and easements required to build the road in accordance with
the Board approved alignment. Costs related to right-of-way acquisitions for this project exceeding $14
million have been incurred to-date. Greater than $4 million has also been expended to achieve the 60%
design phase of this plan with CH2M Hill, Inc. As a result of the downturn in the economy, design work
and further right-of-way acquisitions were suspended, the last payment issued to CH2M Hill, Inc. on this
project was in March of 2012, and only voluntary right-of-way acquisitions have been completed in the
past few years.
Significant project events include:
May 6, 2006 - A Request for Proposals (RFP) for design services was advertised.
December 12, 2006 - The BCC approved the design contract with CH2M Hill, Inc. in the amount of
$5,650,000.
April 11, 2007 - The Notice to Proceed was issued.
December 5, 2007 - A 30% design Public Information Meeting was held.
April 4, 2008 - A letter was sent to CH2M Hill, Inc. suspending future design efforts beyond 60%
with work continuing on certain tasks, such as right-of-way support and administrative
responsibilities:
o The suspension letter stated that the contract will not be terminated.
o CH2M Hill, Inc. continued design under the suspension letter constraints.
January 20, 2009 - a 60% design Public Information Meeting was held. The handout included
language indicating that the design process will resume once construction funding is identified.
March 2012 - A payment was issued to CH2M Hill for 60% plans.
04/25/2017
April 11, 2012 - Change Order 1 extended contract time by 90 days to July 10, 2012 was issued two
days before contract time expired to allow time to develop and process Change Order 2.
May 9, 2012 - Change Order 2 reduced the remaining funding for the design, making these funds
available for use on other active projects.
The Growth Management Department staff reviewed the history with the County Attorney’s Office,
Purchasing Division, and in cooperation with the Clerk of Courts. Two approaches were evaluated by
staff; 1) pursue a new RFP, or 2) resume and amend Professional Services Agreement 06-4000 with
CH2M Hill Inc. It is staff's conclusion that resuming the existing contract would be the most cost
effective, legal, and efficient mechanism to complete the design. A new RFP could result in a design cost
of over $7 million with a new firm and would likely take 20 months to solicit and reach the 60% design
stage. By updating the already delivered plans at the 60% stage and amending the original contract with
CH2M Hill, Inc. at an estimated cost of $3 to 4 million, a savings of greater than $3 million could be
realized, along with at least a 1 year reduction in design time.
In order to recommence this project from the point of suspension (60% design stage), public outreach
must be resumed, as many new residents who have relocated since January 2009 may be unfamiliar with
this project. Project design traffic will need to be updated and existing plans refreshed to reflect the most
recent traffic modeling projections and latest design standards. Also, a modified construction phasing
schedule will be required, as funding is not currently available to construct the entire project. Even with
an updated contract, it is expected that the full completion of this project will take approximately five to
six years.
The Procurement Division Director has reviewed Professional Services Agreement No. 06-4000,
Vanderbilt Beach Road Extension, and has determined that the contract was not termina ted. In an
abundance of caution, a public notice will be provided to allow a 30 day challenge period before the
proposed resumption and amendment process begins.
FISCAL IMPACT: By amending the Professional Services Agreement No. 06-4000 with CH2M Hill,
Inc. for the Vanderbilt Beach Road Extension project instead of issuing a new Request for Proposal, a
potential savings of $3 million in design fees may be realized. An amendment to the contract clearly
defining costs will be brought back to the BCC at a future date. It is staff’s expectation that the contract
amendment will incur new costs of $3 to 4 million dollars in updated design fees as compared to $6 to $7
million dollars if a new firm were to be selected. The source of funding is road impact fees and/or gas tax.
LEGAL CONSIDERATIONS: This item has been reviewed by both the County Attorney and the
Deputy County Attorney. We have included a legal memorandum which outlines why we believe that this
item can move forward as recommended by staff. Simply put, only the Board could have terminated this
Agreement, and the Board never clearly terminated this Agreement. The Project was suspended by Staff
pursuant to the terms of the Agreement as a result of the great recession. Circumstances have greatly
improved since then, and the County now wishes to move forward with the Project. We see no difference
if the suspension was for ten days, ten months, or ten years.
The critical point here is that by moving forward with the 2006 Agreement, on largely the same rate s of
this 2006 Agreement, Staff estimates that the County will save a minimum of $3 million. If there were no
or minimal cost savings, our recommendation would be to bring this item to the Board with a
recommendation to terminate the Agreement and resolicit the Project. As an aside, from a practical
standpoint, if this Project was resolicited, since CH2M Hill Inc. has already prepared 60% Plans, the
substantial likelihood is that CH2M Hill Inc. would be recommended as the most qualified for the Project.
In other words, if the County were to resolicit the Project, rather than simply moving forward, 9 months
04/25/2017
or so from now the Board will be presented with a recommendation by Staff to enter into a substantially
identical agreement with CH2M Hill Inc, at today’s rates rather than 2006 rates. We see no public
purpose served by this.
With that said, this item is approved as to both form and legality, and requires majority vote for approval.
-JAK and SRT
GROWTH MANAGEMENT IMPACT: This is consistent with objectives identified within 1, 2, and
10 of the Transportation Element of the Growth Management Plan.
RECOMMENDATION: To authorize staff to provide public notice of the intent to resume and amend
Professional Services Agreement No. 06-4000 with CH2M Hill Inc., Vanderbilt Beach Road Extension
project, and after 30 days to begin discussions with CH2M Hill, Inc. to negotiate an amended contract
which will be brought back to the Board for final approval.
Prepared by: Gary R. Putaansuu, P.E., Principal Project Manager, Transportation Engineering Division
ATTACHMENT(S)
1. Vanderbilt Beach Road Extension (PDF)
2. Interoffice Memorandum Vanderbilt Beach (PDF)
3. [Linked] Contract_20120411181357.151_X_20170419171522.362_X (PDF)
04/25/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 3079
Item Summary: Recommendation to provide public notice of the intent to resume and amend
Professional Services Agreement No. 06-4000 with CH2M Hill, Inc. for the Vanderbilt Beach Road
Extension project, and upon successful negotiations, bring back an amended contract for final approval to
complete the design which was suspended, but never terminated, by the Board of County Commissioners.
(Project No. 60168) (James French, Deputy Department Head, Growth Management Department & Gary
R. Putaansuu, P.E., Principal Project Manager, Transportation Engineering Division)
Meeting Date: 04/25/2017
Prepared by:
Title: Operations Analyst – Growth Management Operations & Regulatory Management
Name: Judy Puig
04/18/2017 3:57 PM
Submitted by:
Title: Department Head- Growth Management Dept – Growth Management Department
Name: David Wilkison
04/18/2017 3:57 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Skipped 04/18/2017 3:52 PM
Growth Management Department Judy Puig Level 2 Division Administrator Skipped 04/18/2017 3:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2017 4:45 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/18/2017 5:32 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/19/2017 2:08 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/19/2017 2:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM
Memorandum
Date: April 13, 2017
To: Nick Casalanguida, Deputy County Manager
Through: Len Price, Administrative Services Department Head
From: Ted Coyman, Procurement Services Division Director
Regarding: Vanderbilt Beach Road Extension Project/Agreement with CH2M Hill Inc.
I have reviewed the events and related facts that have unfolded with regards to the Vanderbilt Beach
Road Extension project from Collier Boulevard to Desoto Boulevard, County Project # 60168.
It is clear that the project was temporarily suspended on April 4, 2008, at the 60% design completion
stage by the Project manager Mr. Gary R. Putaansuu, P.E.
This suspension was issued based on a change in funding availability at that time.
This was stated in a letter dated April 4, 2008, from the County Project Manager to Mr. Bill Gramer of
CH2M Hill, Inc.
The letter specifically states that the project is not terminated, only suspended, and that the scope
would need to be renegotiated to provide for completion.
Division staff have traditionally scheduled work, stopped work, or suspended work when it is required
due to operational or financial reasons on any Board approved contract.
Only the Board of County Commissioners has authority to terminate a Board signed contract and this
termination has not occurred.
I see no reason why the agreement could not now be reactivated and have the County resume both
discussions and the work with the vendor.
This position comes to me after having reviewed the available information and having consultation with
the County Attorney.
Being prudent, I am recommending that the County formally advertise any intention to resume work,
since some time has passed between the suspension date and any resumption date.
This would allow any concerned parties to make inquires and for the County to provide answers related
to the resumption of the work.
Should the Board not accept this position and move to officially terminate the contract, and instruct
staff to re-solicit for a continuance of the project; not only would the County lose an estimated $4M in
expenditures, but the evaluation criteria for any new selection of the most qualified firm would only
lead the County back to the current contract holder which is CH2M Hill, Inc. CH2M Hill, Inc would score
the highest points based on prior project knowledge and having already completed the plans to a 60%
completion state.
It is on the above basis that I would recommend a continuance of the agreement with a public
advertisement of this intent.
OFFICE OF THE COUNTY A TTORNE Y
INTEROFFICE MEMORANDUM
TO: Nick Casalanguida, Deputy County Manager
FROM: Scott R. Teach, Deputy County Attorney
THROUGH: Jeffrey A. Klatzkow, County Attorney
DATE: April 10, 2017
RE: Agreement No. 06-4000 / Vanderbilt Beach Road Extension
Professional Services Agreement No. 06-4000 with CH2M Hill, Inc., for the
design of the Vanderbilt Beach Road Extension to be constructed from Collier
Boulevard to Desoto Boulevard has not been terminated nor has it expired (the
"Agreement"). The Board approved the Agreement on December 12, 2006 (Agenda
item l0A). The Agreement is a standard CCNA Professional Services Agreement
with a Scope of Services covering the design of Collier Boulevard to Wilson (Project
No. 1) and Wilson to Desoto (Project No. 2) (collectively, the "Project"). The
Agreement includes both lump sum tasks for the 30/60/90/100% design and time
and material work for Post Design Services on Projects Nos. 1 and 2.
The question of whether the Agreement had been terminated initially arose
because staff exercised the County's right to suspend the Project in writing on April
4, 2008. That correspondence from the County's Principal Project Manager to
CI -12M Hill directed that the design of VBR be suspended at the 60% stage due to
"funding changes and the downturn in the economy." That letter further stated that
"the contract will not be terminated, but the scope needs to be renegotiated to provide
for completion of permitting for the project and other work deemed essential to the
transfer of all design files to the county and support of Right of Way
Acquisition." Section 12.4 of the Agreement allows the County to suspend any
portion or all the services upon providing two (2) days written notice.
Subsequently, staff processed two change orders. Change Order number 1,
by letter dated April 1, 2012, appears to have intended to extend the lump sum design
portion of the Agreement by 90 days through and including July 10, 2012. Change
Order number 2 exclusively addressed Tasks II and VII, which pertained to the
completion of the 60% design plans for Projects 1 and 2. The Board approved
1
Change Order Number 2 on June 12, 2012 (Agenda Item 16E3), which narrowly
addressed an extension of the 60% design tasks to the July 10, 2012 date previously
included in Change Order number 1. (see also, Administrative Change Order
Report, attached). It's important to note that neither Change Order number 1 or 2
addressed the remaining tasks to be performed by CH2M Hill, including the 90%,
100% and Post Design Services. Admittedly, staff was inarticulate in referencing
"project close out" in Change Order Number 2 but it remains that the "Type of
Change / Modification" section of the change order only referenced a "Schedule
Adjustment;" and the schedule adjustment was only to allow time for the completion
of Tasks II and VII, not to expressly terminate the contract. Staff is without any
authority to terminate the remaining unperformed tasks and there is no record
showing that the Board terminated the remainder of the Agreement. See Ordinance
No. 2013-69, as amended, at Section 19.C.
Although the completion of the 90% and 100% plans were not completed
within the milestones originally set forth in the Agreement (see Schedule C to the
Agreement, the Project Milestone Schedule), those tasks were never terminated by
the Board. Section 2.19 of the Scope of Services also expressly provides that
"periodically, throughout the life of the project, the schedule shall be reviewed and,
with the approval of the County, adjusted as necessary to incorporate changes in the
work concept and progress to date." Therefore, to the extent that the County
previously delayed the completion of services by the suspension letter, the schedule
for completion of the 90% and 100% plans can be adjusted through an amendment
to the Agreement.
Further, because the plan designs are only 60% complete, the Post Design
Services portion of the Agreement remains to be performed under the
Agreement. Notably, the Agreement did not provide for any performance date for
Post Design Services but rather Schedule C identified the completion date of those
services as TBD—to be determined based on a future construction schedule. Based
upon the plain language of the Agreement, CH2M Hill remains obligated to provide
Post Design Services "such as responding to Requests for Information (RFI's) from
the County or the project's construction contractor regarding plan or specification
deficiencies, ambiguities or conflicts, shop drawing reviews, etc. . . . to the
satisfaction of the County." (see Section 3 of the Agreement).
As an aside, both the CCNA (which is qualification based) and case law
addressing competitive bidding matters acknowledge there is a responsibility in
proceeding in a manner that promotes the best expenditure of public tax dollars. For
example, although not applicable here, the CCNA provides a mechanism that
F)
precludes the need to go through the formal public notice and selection process for
contracting with consultants where an agency is able to reuse existing plans. See
Fla. Stat. § 287.055(10). In competitive bidding solicitations (unlike the CCNA,
which is qualification based), various case law has held that agencies shouldn't re j ect
a low bid where the low bidder's bid contained a mere technical deficiency. See
e.g., Overstreet Paving Co. v. State, 608 So.2d 851 (Fla. 2nd DCA 1992) ("There is
a very strong public interest in favor of saving tax dollars in awarding public
contracts. There is no public interest, much less a substantial public interest, in
disqualifying low bidders for technical deficiencies in form, where the low bidder
did not derive any unfair competitive advantage by reason of [a] technical
omission."). In an instance such as here where the Agreement was properly
procured in accordance with the CCNA, delayed and then later deterred from full
completion due to the economic downfall, it would not be in the public interest to
resolicit this project a decade later (especially if both parties to the Agreement have
no objection in going forward). This is especially true when considering that a
CCNA award is based on selecting the most qualified consulting firm for the
project— which presumably would be the existing firm who has already prepared
the 60% plans.
I have no objection to Ted's proposal that public notice be posted of the county
and CH2M Hill's intent to continue under the existing Agreement (as only Tasks II
and IV, the 60% plans are completed and the Agreement has laid dormant for some
time) and bring forward an amendment to update and address future
scheduling/milestones of the remaining tasks under the original scope, the
performance of any "Additional Services" as allowed under the Agreement, and any
other matters that need to be refreshed due to the passage of time. Please feel free
to share this opinion as necessary following your review.
3
December 12, 2006, Executive Summary
Agenda Item No. 10A
December 12, 2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Professional Service Agreement No. 06-4000 for
engineering and permitting services to be provided by CH2M13ill, for the design of
Vanderbilt Beach Road Extension to be constructed from Collier Boulevard to
Desoto Boulevard, Project #60168, in the amount of $5,650,000.
OBJECTIVE: To obtain approval of negotiated Service Agreement No. 06-4000 with
CH2MHi11 for the design of Vanderbilt Beach Road Extension to be constructed from
Collier Boulevard to Desoto Boulevard.
CONSIDERATIONS: On April 17, 2006 the BCC approved the alignment of this new
roadway which is planned to improve access to Golden Gate Estates.
Staff solicited proposals from qualified consultants through a Request for Proposal
process (RFP #06-4000) posted on May 31, 2006, in accordance with Florida State
Statute 287.055, Consultant Competitive Negotiation Act. On August 17, 2006, four (4)
proposals were received, The selection committee rated and ranked the proposals and
short listed the top three firms. The short listed firms were:
1. CH2MHi11
2. PBS&J
3. American Consulting Engineers
Staff then met with the top ranked firm and successfully negotiated a fair and reasonable
contract for engineering, design and permitting services.
FISCAL EUPACT: Funds in the amount of $ 5,650,000 are available in Road Impact
Fees District 2 and Road Impact Fees District 6. Source of funds are Road Impact Fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
contract and authorize the Chairman to sign the County Attorney approved Agreement
for Professional Services.
Prepared by: Kevin H. Dugan, Project Manager, Transportation Engineering &
Construction Management Department, Transportation Division
April 4, 2008, Notice to Suspend Letter
COLLIER COUNTY TRANSPORTATION DIVISION
«uth. e '_! ( ,c le) I i\ e SoSuitI I • Maple,. Floc lila 1101 • c -1-3142 . 1
_vtlt 4EERTNG & CONSTRUCTTON MANAGEMENT DEPARTMENT
Right -of -Way Acquisition Design & Engineering Construction Management
April 4, 2008
Mr. Bill Grainer, P.E.
CH2M Hill, Inc.
5801 Pelican Bay Boulevard, # 505
Naples, FL 34108
RE: Notice To Suspend Design Contract 06-4000, Professional Design and Related Services for
Vanderbilt Beach Road Extension from Collier Boulevard to Desoto Boulevard, County Project
# 60168
Dear Bill,
Recent funding changes and the downturn in the economy have necessitated that Collier County
Transportation Division adjust the 5 -year program to match changes in our revenue projections.
As a part of that adjustment the design of Vanderbilt Beach Road Extension, Project 60168, is
suspended at the 60% stage.
Please continue proceeding toward 60% design and preparing to conduct the 60% Public
Information Meeting. Please do not proceed beyond 60% design. The contract will not be
terminated, but the scope needs to be renegotiated to provide for completion of permitting for the
project and other work deemed essential to the transfer all design files to the county and support
of Right of Way Acquisition.
Funding for construction of the project is beyond the current 5 -year program, so it is important to
TECM that all options are kept open as to the means of completing this project. To that end it is
imperative that transfer of the design files to the county be smooth and complete. I would like to
arrange a meeting with you to go over the current status of the project and how best to transition
the turnover of the design. From that meeting we will move forward into negotiation of fee for
these services.
Sincere, -
Gary R. Putaansuu, P.E.
Principal Project Manager
Collier County Transportation Engineering and Construction Management
CC: Jay Ahmad
Joe Delate
Rhonda Cummings
Change Order Number 1
April 1, 2012
Collier County Transportation Engineering
2885 South Horseshoe Drive
Naples, FL 34104
To: Mr. Bill Gramer, P.E.
CH2M Hill, Inc.
5801 Pelican Bay Boulevard, #505
Naples, FL 34108
RE: Zero Dollar Contract Change Notification # 1
Contract #06-4000, Design of Vanderbilt Beach Road from Collier Boulevard to Desoto
Boulevard
Project # 60168
Purchase Order #45-101323
Dear Mr. Gramer:
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated
below:
®The above referenced contract time is hereby extended by 90 calendar days, which does not exceed 20%
of the contract time. The new completion date shall be on or before July 10. 2012. Note: Time extensions
cannot exceed 20%
By extending this contract, the County is not relieving your firm of its obligations to perform work in a
timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby
reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other
appropriate course(s) of action should circumstances warrant with regard to the referenced work order.
QAdditional Staffing Categories: Name Professional Position(s) Associated Hourly Rate(s): Hourly
Rate (s)
❑Draw against Allowance (specify allowance item and identify specific items and quantities)
❑Other: Specify (minor adjustments/clarifications to scope, existing task allocation and quantity
adjustments, re -allocation of dollar amounts between existing tasks and/or clarification of existing tasks)
S�ose-pPD�elate,
incel
ASLA
Senior Pr ect anager
G�Ayyutaansuu��
Principal Project Manager
Rhonda Cummings, Vrocprement S r tegist, Purchasi D partment
Approval:0(0-L Date: 01
C: Bonnie Baer, Clerk's Finance Division
Change Order Number 2 and
Administrative Change Order Report
Cort ' Count
A*TvuWAe Selvm Dlvis&
Purchasing
0 Contract Change Request
Purchasing Department
Change Modification Form
❑ Work Order Modification
Contract #: 06- Change #: 2 PO #: 45-101323 Project Name: Design for Vanderbilt
4000 I Beach Road Extension from Collier to
Desoto Boulevards
Project #. 60168 Project Manager: Joe Department: Transportation Contractor/Firm Name: CH2MHILL.
Delate, ASLA Engineering Inc
Original Contract/Work Order Amount
$5,650,000.00
12112/2006,10Et Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount
$5;£650;000.00
Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount
$5,§50;1W0.00-
SAP Contract Expiration Date (Master)
Dollar Amount of this Change
$0.00
O.00%
Total Change from Original Amount
Revised Contract/Work Order Total
$5,650,000.00
0.00%1
Change from Current BCC Approved Amount
Cumulative Changes
$0.00
0.00%1
Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
I Ungrnai completion date: April 11, Last approved completion date: July TRe-visedcompletion date (includes this
2012 10,2012 ange): July 10, 2012
I Number of days added . I Explain why additional days are needed (detailed/specific):
Add new task(s) Change tasks) ❑Delete tasks) ❑Other (specify):
I. Provide a detailed and speck explanation of the requested change(s) to the task(s): Add 1,545 days to Task II
(60% Design Plans Submittal- Project 1, Collier to Wilson Boulevards) and Task VII (60% Design Plans Submittal- Project 2,
Wilson to Desoto Boulevards) to close out and finalize the project. The overall Contract time for the entire project is not
being increased, only the time for these 2 Tasks.
2. Provide detailed rationale for the requested change: This Change Order allows additional time to these 2 Tasks
only so that the project can be closed out and finalized by bringing the time for these 2 Tasks (Task II and Task VII) up to
I current date.
3. Provide explanation why change was not anticipated in original scope of work: At the time of original contract,
there was no evidence that the project would overrun any task time limits.
L4. Describe the impact if this change is not processed: The project will not be able to be closed out and finalized
Type of Change / Modification
LJ 1. Planned / Elective 2. Unforeseen conditions/circumstance 3 Quantity or price adjustment
=14. Correction of error(s) I ` 5 Value added 6. Schedule adiustment
Revised: 3/26/12
1
CHANGE ORDER
CHANGE ORDER NO. 2 CONTRACT NO. 06-4000
BCC Date: 12/12/2006
Agenda Item: l0A
TO: Mr. Bill Gramer, P.E.
CH2MHILL, Inc.
5801 Pelican Bay Boulevard, #505
Naples, FL 34108
DATE: 5/3/2012
PROJECT NAME: Professional Design and Related Services for Vanderbilt Beach Road Extension
from Collier Boulevard to Desoto Boulevard
PROJECT NO.: 60168
Under our AGREEMENT dated December 12, 2006
You hereby are authorized and directed to make the following changes in accordance with
terms and conditions of the Agreement: Provide a time extension to the two 60% Design Submittal
Tasks (Task II and Task VII) as outlined in the original Contract. This will be accomplished by
allocating additional time to Task 11— 60% Plans Submittal in Project 1 (Collier to Wilson Boulevards)
and Task VII- 60% Plans Submittal in Project 2 (Wilson to Desoto Boulevards) (Project 1 and 2 ran
concurrently) so that the entire project can be finalized and closed out. Staff has verified that the
project is ready for final closure and this Change Order serves to bring Tasks II and VII up to current
date. The overall Project Contract time is up to date so no change is needed to the total Contract time.
Previously, Zero Dollar Contract Change Notification #1 was executed to allow for the extension of
the overall project completion date by 90 additional days.
This is a time only Change Order so there is no monetary change to the original Contract.
FOR THE Sum of: $0.00 (Zero Dollars).
Original Agreement Amount $5,650,000.00
Sum of Previous Changes $ 0.00
This Change Order $ 0.00
Present Agreement Amount $5,650,000.00
The total Contract time for completion shall not be increased, however 1,545 days shall be added to
Task. II- 60% Pians Submittal/ Project 1 and Task VII- 60% Plans Submittal/ Project 2 timelines to
bring the total for these tasks to 1,905 days (currently 360 days + 1,545 additional days = 1,905 total
days for Tasks II and VII) which translates to a completion date of July 10, 2012 for these two Tasks.
Accordingly, the total Contract time is still 1,905 calendar days, which was changed to this amount by
Zero Dollar Contract Change Notification 41 which added 90 days to the total Contract time resulting
in a July 10, 2012 completion date.
Your acceptance of this Change Order shall constitute a modification to our Agreement and will be
performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of or related to
the change set forth herein, including claims for impact and delay costs.
Your acceptance of this Change Order shall constitute a modification to our Agreement and will be
performed subject to all the same terms and conditions as contained in our Agreement indicated above,
as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of or related to
the change set forth herein, ' udi g claims for impact and delay costs -
Prepared by: Date:–6
septi F. elate, ASLA, Senior Project Manager
Trans rta on Engineering
Accepted by: Date.
Alan Bollinger, P.E., Vice-Pi6ident of Operations
CH2MHILL, Inc.
Approved by: rte' rDate: S 7- / Z
Gary Putaansuu, P. E., Principal Project Manager
Transportation Engineering
trJb .Date:Y
Ni"—dl�
or
Growth Management Division
Approved by: Date: - /qf a
Nicole Parker, Procurement Strategist
Purchasing Department
6/12/2012 Item 16.E.3.
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Packet Page -1896-
Contract 06-4000
Article Twelve — Termination or Suspension
and
Schedule C Project Milestone Schedule
Article Twelve — Termination and Suspension Section
and Schedule C Project Milestone Schedule Attached.
Contract 06-4000
"Professional Design and Related Services for the Vanderbilt Beach Road Extension
from Collier Boulevard to Desoto Boulevard", Project #60168
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this f �tkday of Ice � ber
200 (,,, 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 CH2M Hill, authorized to do business in the State of Florida, whose business
address is 5801 Pelican Bay Boulevard, Suite 505, Naples, FL 34108 (hereinafter referred to as
the "CONSULTANT`).
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design and related services
of the CONSULTANT concerning Vanderbilt Beach Road Extension (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 TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate
this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
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
14
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written.notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
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
15
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
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
16
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Schedule is based on the number of calendar days from issuance of Notice to Proceed.
Project No. 1, Collier to Wilson
1. TASK I — 30% SUBMITTAL: 210 Days
2. TASK II - 60% SUBMITTAL: 360 Days
3. TASK III — 90% SUBMITTAL: 570 Days
4. TASK IV —100% SUBMITTAL: 720 Days
5. TASK V — POST DESIGN SERVICES — Project No. 1: TBD*
Project No. 2, Wilson to Desoto
6. TASK VI — 30% SUBMITTAL: 210 Days
7. TASK VII - 60% SUBMITTAL: 360 Days
8. TASK VIII — 90% SUBMITTAL: 570 Days
9. TASK IX — 100% SUBMITTAL: 720 Days
10. TASK X —POST DESIGN SERVICES — Project No. 2: TBD*
* Construction Schedule will be based on date of Bid Letting and is assumed to be
approximately 3 years for each project and timelines are concurrent.'
C-1
Ordinance No. 2013-69 (the Purchasing Ordinance)
Section 19C — Contract Administration
ORDINANCE NO. 2013 - 6 9
AN ORDINANCE REPEALING ORDINANCE 87-25 AS AMENDED, WHICH
ORDINANCE ESTABLISHED THE COLLIER COUNTY PURCHASING
DEPARTMENT AND ADOPTED A PURCHASING POLICY, AND
REPLACING IT WITH THIS NEW ORDINANCE, TO BE KNOWN AS THE
COLLIER COUNTY PURCHASING ORDINANCE, WHICH ORDINANCE
SETS FORTH ITS PURPOSE AND APPLICABILITY; PROVIDES FOR
DEFINITIONS; ESTABLISHES AND SETS FORTH THE DUTIES OF A
PURCHASING DEPARTMENT AND PURCHASING DIRECTOR;
PROVIDES FOR A PURCHASING MANUAL; PROVIDES FOR
PURCHASES UNDER $50,000, AND FOR PURCHASES OVER $50,000;
PROVIDES FOR A COMPETITIVE BID PROCESS, THE PROCUREMENT
OF PROFESSIONAL SERVICES, COMPETITIVE PROPOSALS, AND
PROCUREMENT OF DESIGN -BUILD CONTRACTS; ESTABLISHES
POLICIES FOR SMALL, AND DISADVANTAGED MINORITY AND
WOMEN BUSINESS ENTERPRISES AND FOR PREFERENCE TO LOCAL
BUSINESSES; PROVIDES FOR PAYMENT OF INVOICES AND ADVANCE
PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR
PROCUREMENTS BASED ON STANDARDIZATION, COOPERATIVE
PURCHASING ORGANIZATIONS AND GOVERNMENT CONTRACTS;
SETS FORTH A PROCEDURE FOR CONTRACT ADMINISTRATION AND
FOR BONDS; PROHIBITS UNAUTHORIZED PURCHASES INCLUDING
SUBDIVIDING PURCHASES; SETS FORTH A PROCEDURE FOR BID
PROTESTS AND CONTRACT CLAIMS; PROVIDES FOR PURCHASES
DURING EXIGENT CIRCUMSTANCES, EMERGENCIES AND BOARD
RECESS PERIODS; PROVIDES FOR INSPECTING AND TESTING;
PROVIDES FOR SURPLUS PROPERTY; PROVIDES FOR A PURCHASING
CARD PROGRAM; PROHIBITS CONFLICT OF INTERESTS; SETS FORTH
A PROCEDURE FOR THE DEBARMENT AND SUSPENSION OF
VENDORS; AUTHORIZES THE BOARD TO WAIVE THESE PROVISIONS
WHEN APPROPRIATE; AND LASTLY PROVIDES FOR CONFLICT AND
SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum
value for the County by procuring the best value in obtaining commodities and contractual services;
and
WHEREAS, the Board must approve all purchases for valid public purpose and approve all
expenditures; and
WHEREAS, obtaining as full and open competition as possible on all purchases and
contracts and maximizing volume discounts by consolidating purchases and buying "in bulk" when
practical serves to further the County's goals and is in the best interest of the taxpayers of Collier
County; and
D. Each December, the Purchasing Director and the Clerk of the Courts Finance Director shall
submit a report to the Board listing the number and total dollar amount of interest penalty payments
made during the preceding fiscal year pursuant to Florida Statute 218.
SECTION SEVENTEEN: Advanced Payments for Goods and Services.
Procedures for the pre -payment of goods and services with County funds including, but not
limited to, dues and membership, insurance, maintenance agreements, subscriptions, travel
arrangements, postage, and other purchases as prescribed by the Department of Financial Services
through their Administrative Rules. As provided for in Fla. Stat. Sec. 28.235, the Clerk of the
Circuit Court is authorized to make advanced payments on behalf of the County for goods and
services based on those established procedures.
SECTION EIGHTEEN: Standardization, Cooperative Purchasing Organizations and
Governmental Contracts
A. Where standardization is determined to be desirable by the Board of County Commissioners
or included in the Purchasing Manual, the purchase of commodities may be made by negotiation
with the approval of the purchase by the Board.
B. Annually, the Board of County Commissioners will approve a list of authorized purchasing
cooperative organizations and governmental schedules and contracts. The Purchasing Director may
approve purchases using these approved cooperative organizations, agreements and contracts with
no further action required by the Board providing that funds have been budgeted for these specific
purposes.
Additionally, the Purchasing Director may join other public agencies in cooperative purchasing
organizations and/or agreements if is determined to be in the County's best interest, and if the
consortium agreement has not had prior Board approval. The use of any new cooperative agreement
must be approved by the Board prior to the use of the agreement.
SECTION NINETEEN: Contract Administration.
A. Contract Document: Every procurement of contractual services or commodities shall be
evidenced by a written document containing all provisions and conditions of the procurement. Said
document shall include, but not be limited to:
1. A listing of the scope of services to be performed or commodities to be purchased.
2. A provision specifying the criteria and the final date, or number of days, by which
such criteria must be met for completion of the work.
3. A provision specifying the terms of cancellation by the County and where applicable,
a provision specifying the terms of renewal.
19
4. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a manner
consistent with minimum insurance standards approved by the Board of County
Commissioners.
5. A provision requiring the contractor/vendor to inform the County if he/she has been
convicted of a public entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. Except as otherwise provided in this Purchasing Ordinance, the Purchasing Director
shall determine the circumstances under which a Board approved purchase order (and all documents
included by reference) shall serve as the contract document.
B. Contract Manager: Every procurement of services shall be administered by the requesting
Agency/Department.
C. Contract Changes: Notices issued under a purchase order or contract may be authorized and
executed by the Purchasing Director, except notices that terminate a Board -approved purchase or
contract in its entirety. Modifications to a Board approved purchase or contract, including but not
limited to change orders, direct material purchases, notices to proceed or non-compliance, stop work
notices, use of approved allowances between line items, supplemental agreements, amendments and
changes by letter may be authorized and executed by the Purchasing Director provided that the
change is not more than ten (10) percent of the current Board approved dollar amount. Such changes
shall be reported monthly to the Board for approval by ratification. All material changes in scope of
agreements must be approved by the Board in advance.
The proviso at the end of the previous paragraph shall not be applicable to term contracts or blanket
purchase orders where the County desires to procure commodities and/or services on an as needed
basis without having to obligate itself to a total contract amount. Rather, such purchases shall be
based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by
the amount of funds appropriated in the budget of the operating department(s). Such purchases shall
be subject to all other provisions of this Purchasing Ordinance.
Notices that terminate an entire purchase or contract that was Board approved and contract
modifications that increase the total contract amount beyond the limits set forth above as applicable,
shall require the approval of the Board of County Commissioners. The Board shall have broad
authority, within the limits of the law, to evaluate and approve any recommended contract
modification without requiring further competition.
D. Contract Extension: Extension(s) of a Board -approved contract for commodities or non -
construction services may be requested by the contract manager to the Purchasing Director in writing
for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and
conditions set forth in the contract, if the extension period is provided for in the Board approved
contract. The Purchasing Director shall have the authority to authorize and execute all such
extensions, which must be issued prior to the expiration of the contract. Any extension(s) that
exceed six months (cumulatively) shall be approved by the Board of County Commissioners.
20
SECTION THIRTY-ONE: Conflict and Severability.
In the event this Purchasing Ordinance conflicts with any other ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of the Purchasing
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION THIRTY-TWO: Inclusion in the Code of Laws and Ordinances.
The provisions of this Purchasing Ordinance shall become and be made a part of the Code of
Laws and Ordinance of Collier County, Florida. The sections of the Purchasing Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
`'section," "article," or any other appropriate word.
SECTION THIRTY-THREE: Effective Date.
This Purchasing Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
Countv. Florida, this 0cY4\ day , 2013.
ATTEST:. BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Y�
B f'
13y:_
y Clerk GOR A W
Attest as to CRWOMAN
siaptur o y.
Approved �as to arm and legality:
ESQ.
County t ey This ordinance filed with s
etary of tote's ��ffice the
day of4�-'�'��
and acknowledgernQgt that
fil' g received this llllOO day
of ,
By
34
Fla. Stat. § 287.055(10)
Page 5 of 21
Fla. Stat. § 287.055
has been selected to prepare the design criteria package is not eligible to render services under a
design -build contract executed pursuant to the design criteria package.
(c) Except as otherwise provided in , the Department of Management Services shall adopt
rules for the award of design -build contracts to be followed by state agencies. Each other agency must
adopt rules or ordinances for the award of design -build contracts. Municipalities, political subdivisions,
school districts, and school boards shall award design -build contracts by the use of a competitive
proposal selection process as described in this subsection, or by the use of a qualifications -based
selection process pursuant to subsections (3), (4), and (5) for entering into a contract whereby the
selected firm will, subsequent to competitive negotiations, establish a guaranteed maximum price and
guaranteed completion date. If the procuring agency elects the option of qualifications -based selection,
during the selection of the design -build firm the procuring agency shall employ or retain a licensed
design professional appropriate to the project to serve as the agency's representative. Procedures for
the use of a competitive proposal selection process must include as a minimum the following:
1. The preparation of a design criteria package for the design and construction of the public
construction project.
2. The qualification and selection of no fewer than three design -build firms as the most qualified,
based on the qualifications, availability, and past work of the firms, including the partners or
members thereof.
3. The criteria, procedures, and standards for the evaluation of design -build contract proposals or
bids, based on price, technical, and design aspects of the public construction project, weighted for
the project.
4. The solicitation of competitive proposals, pursuant to a design criteria package, from those
qualified design -build firms and the evaluation of the responses or bids submitted by those firms
based on the evaluation criteria and procedures established prior to the solicitation of competitive
proposals.
5. For consultation with the employed or retained design criteria professional concerning the
evaluation of the responses or bids submitted by the design -build firms, the supervision or
approval by the agency of the detailed working drawings of the project; and for evaluation of the
compliance of the project construction with the design criteria package by the design criteria
professional.
6. In the case of public emergencies, for the agency head to declare an emergency and authorize
negotiations with the best qualified design -build firm available at that time.
(10) Reuse of existing plans. -Notwithstanding any other provision of this section, there shall be no public
notice requirement or utilization of the selection process as provided in this section for projects in which the
agency is able to reuse existing plans from a prior project of the agency, or, in the case of a board as
defined in , a prior project of that or any other board. Except for plans of a board as defined in
, public notice for any plans that are intended to be reused at some future time must contain a
statement that provides that the plans are subject to reuse in accordance with the provisions of this
subsection.
(11) Construction of law. - Nothing in the amendment of this section by chapter 75-281, Laws of
Florida, is intended to supersede the provisions of 1013.45 and 10 . __ .
History
SS. 1-8, ch. 73-19; ss. 1, 2, 3, ch. 75-281; s. 1, ch. 77-174; s. 1, ch. 77-199; s. 10, ch. 84-321; ss. 23, 32, ch. 85-
104; s. 57, ch. 85-349; s. 6, ch. 86-204; s. 1, ch. 88-108; s. 1, ch. 89-15t.; s. 16, �3h. 90 ; s. 15, ch. 91-13 ; s. 7,
; s. 250, 9� s. 55, ch. 92-326; s. 1, ch. 93-95; s. 114, ch. 94-119; s. 10, _,A 94-322; s. 868,
s. 2, 9,5-410; s. 45, ch. 96-399; s. 38, ch. 97-100; s. 1, ch. 97-296; s. 80, ch. 98-279; s. 55, ch. 200 ;
Overstreet Paving Co. v. State, 608 So. 2d 851 (Fla. 2nd DCA 1992)
Positive
As of: April 19, 2017 1:51 PM Z
Court of Appeal of Florida, Second District
October 9, 1992, Filed
Case Nos. 91-02071, 91-02469 CONSOLIDATED
Reporter
608 So. 2d 851 *; 1992 Fla. App. LEXIS 10447 **; 17 Fla. L. Weekly D 2323
appellant's protest be dismissed. The court remanded
OVERSTREET PAVING COMPANY, Appellant, v. the matter for ancillary relief in the circuit court because
STATE OF FLORIDA, DEPARTMENT OF appellant had no meaningful remedy by administrative
TRANSPORTATION, Appellee. hearing to receive the award of the bid, which had
already been awarded.
Subsequent History: [**1] Rehearing Denied
December 1, 1992. Released for Publication December
17, 1992.
Prior History: Administrative Appeal from the State of
Florida, Department of Transportation.
Disposition: Reversed and remanded.
Core Terms
bid, bidder, hearing officer, opening, sealed bids,
missing
Case Summary
Procedural Posture
Appellant company sought review of a final order from
appellee Department of Transportation (DOT) (Florida),
dismissing its protest of the award of bid on a DOT road
project to another construction company.
Overview
Appellant company was the low bidder for appellee
department's project, but appellant's bid was declared
nonresponsive due to a technical omission. Appellant
protested the award of the bid to another company, and
the hearing officer recommended that appellant's protest
be dismissed. Appellee adopted the hearing officer's
recommendation, and appellant challenged the order.
The court reversed the determination and found that the
hearing officer's findings of fact clearly established an
unrefuted, prima facie case that appellant included the
missing form in its sealed bid and that, accordingly, the
hearing officer could not have legally recommend that
Outcome
The court reversed appellee department's dismissal of
appellant company's protest of a project awarded to
another company and remanded for ancillary relief;
appellant had no meaningful remedy by administrative
hearing because the bid had already been awarded,
and appellee did not agree to a stay pending appeal.
LexisNexis® Headnotes
Administrative Law > Agency Adjudication > Presiding
Officers > Duties & Powers
Administrative Law > Agency Adjudication > Review of
Initial Decisions
Public Contracts Law > Types of Contracts > State
Government Contracts
A ] A public body has wide discretion in soliciting
and accepting bids for public improvements and its
decision, when based on an honest exercise of this
discretion, will not be overturned by a court even if it
may appear erroneous and even if reasonable persons
may disagree. As a result of this wide discretion the
hearing officer's sole responsibility is to ascertain
whether the agency acted fraudulently, arbitrarily,
illegally, or dishonestly.
Public Contracts Law > Bids & Formation > General
Overview
Public Contracts Law > Bids & Formation > Offer &
608 So. 2d 851, *851; 1992 Fla. App. LEXIS 10447, **1
Acceptance > Acceptances & Awards
Public Contracts Law > Types of Contracts > State
Government Contracts
[ ] There is a very strong public interest in favor of
saving tax dollars in awarding public contracts. There is
no public interest, much less a substantial public
interest, in disqualifying low bidders for technical
deficiencies in form, where the low bidder did not derive
any unfair competitive advantage by reason of the
technical omission.
Counsel: John H. Rains, III, of Annis, Mitchell, Cockey,
Edwards & Roehn, P.A., Tampa, for Appellant.
Thornton J. William, General Counsel, and Gregory S
Costas, Assistant General Counsel, Department of
Transportation, Tallahassee, for Appellee.
W. Robert Vezina, III, and Mary M. Piccard of
Cummings, Lawrence & Vezina, P.A., Tallahassee, for
Amicus Curiae, Florida Transportation Builders
Association.
Judges: ALTENBERND, LEHAN, PARKER
Opinion by: ALTENBERND
Opinion
[*852] ALTENBERND, Judge.
Overstreet Paving Company appeals a final order from
the Department of Transportation (DOT) dismissing its
protest of the award of bid on a DOT road project to
David Nelson Construction Company. Overstreet
submitted the low bid, which was declared
nonresponsive due to a technical omission. We reverse
the order. Since the bid has already been awarded to
the next lowest responsible bidder, we remand for
further proceedings in circuit court.
This case is extraordinarily similar to Asphalt Pavers,
iron, 602 So. 2d
55.8, 1992 Fla. App. LEXIS 4Q'n. 17 Fla. Law t"' r**,,
D 11,34 (FIR 1.0 DCA 1997), and arises out of the same
bid letting. Asphalt Pavers' and Overstreet's bids
concern different portions of this project, but both
involve a low bid that was declared nonresponsive after
DOT determined that a subcontractor's disadvantaged
business enterprise (DBE) utilization form was missing
from the bidder's packet. In Asphalt Pavers, the bid
packet was missing a form prepared by one DBE
Page 2 of 4
subcontractor, H.S. Thompson. In this case, the
missing form was prepared by another DBE
subcontractor, Advanced Barricades. These are the
only two sealed bids which have ever been discovered
to be missing a DBE form at a bid opening, and these
two bids were apparently next to one another on a table
at the bid opening.
In Asphalt Pavers, the hearing officer expressly found
that the "bid did include the documentation at the time it
was presented to DOT, but that it was somehow
detached and lost after opening." 17 Fla. Law W. at D
1136. The First District relied upon this finding to
reverse DOT's order. It concluded that the bid was
arbitrarily rejected under the standards described in
..JLN�I tiiCl i[ vi iruii:JNvtuttvii �.
[**3] We
agree with the analysis and the result in Asphalt Pavers,
but a slight variation in our facts requires a different
analysis in this case.
As in Asphalt Pavers, the hearing officer in this case
found that the subcontractor had submitted its DBE form
to Overstreet on the evening before the sealed bid was
submitted to DOT. The hearing officer accepted, as
unrefuted testimony, the following proposed finding of
fact:
On Wednesday morning, January 23, Overstreet
took the material it had gathered with its bid blank
for the Project, including the DBE Utilization
Summary Form, the computer disk, together with a
hard copy of the bid disk, after checking signatures
and counting seven signed DBE Utilization Sheets,
and sealed them in [its] bid envelope. Both Mr.
Vance and Mr. Overstreet had personally checked
and counted to make sure that the correct number
of DBE Utilization Forms were inserted in the bid
package before the envelope was sealed. Mr.
Vance then delivered the sealed envelope to the
DOT Auditorium.
DOT argues that the final order dismissing Overstreet's
bid protest can be distinguished from Asphalt Pavers
because the hearing officer in Overstreet's case
never [**4] expressly found that the form was lost after
the bid was delivered to DOT. We recognize this
difference, but it does not justify a different result.
At the outset of this brief analysis, we observe that,
assuming Overstreet and Asphalt Pavers had each
inadvertently omitted these two DBE forms and random
608 So. 2d 851, *852; 1992 Fla. App. LEXIS 10447, **4
luck was the only reason that their bids were stacked
next to one another on the table, DOT would still clearly
have had the discretion to overlook the omission of this
form as a minor, technical discrepancy. See )g�1
�Uu;aY V. . 15
; Harry Pepper & Assocs. v. City of Cape
Coral, 352 So. 2d 1190 (Fla. 2d DCA 1977). The
hearing officer correctly determined that the omission of
this form did not give Overstreet any competitive
advantage. Our record contains nothing to explain why
DOT, especially in this era of budget shortfalls, desired
to pay the next lowest bidder an additional $ 150,000 of
taxpayers' money to perform this work.
DOT correctly argues that:
[ ] [A] public body has wide discretion in soliciting
and accepting bids for public improvements and its
decision, [**5] when [*853] based on an honest
exercise of this discretion, will not be overturned by a
court even if it may appear erroneous and even if
reasonable persons may disagree.
6rov_e_s-_w__'atkins._53u 50_. 16_a_t y_ _l (emphasis original),
citing . As a result of
this wide discretion, the supreme court held in Groves -
Watkins that "the hearing officer's sole responsibility is
to ascertain whether the agency acted fraudulently,
arbitrarily, illegally, or dishonestly." 30 So 2d at 914.
Although this test was announced in the context of an
agency decision to reject all bids, we assume that it also
applies in the context of a decision to reject the lowest
bid from a responsible bidder as nonresponsive due to a
technical deviation.
We conclude that the hearing officer and DOT have
erroneously interpreted this legal standard. DOT has
consistently argued that Overstreet must prove that
DOT was responsible for the loss of the DBE form, and
that DOT was free to reject the Overstreet bid in the
absence of such proof. DOT overlooks the fact that the
sealed bid was in its custody [**6] and control after
delivery by Overstreet. At least concerning a technical
document that has no impact on competitive bidding, in
light of DOT's bid opening procedures, we conclude that
the bidder must merely establish a prima facie case that
the technical document was included in the sealed
package. At that point, unless DOT desires to and can
adequately refute the prima facie case, it is arbitrary for
it to accept a higher bid.
In this case, DOT used several different employees to
open the numerous bids in public. The bids were not
immediately inventoried in the presence of any witness
Page 3 of 4
to determine whether, at the moment they were opened,
they contained each and every necessary page. In light
of the complexity of these bids, such a procedure may
not be practicable. Because the bids were not
immediately inventoried and were then moved from
place to place, it is possible that: 1) the bidder failed to
include the document in the sealed bid, or 2) somehow
the document was misplaced after the bid was opened.
As this case and Asphalt Paver demonstrate,
determining which option is the truth in an administrative
hearing is a difficult, if not impossible, process. Neither
the r*7] bidder nor DOT has much ability to prove
directly one option or the other.
It may be that such a difficult issue of proof must be
confronted when the missing document is material to
the bid, results in competitive advantage, or is not a
matter that the agency has the discretion to overlook.
When the document is a mere technicality, however, it
seems imprudent to confront such an issue
unnecessarily. If a low bidder provides prima facie
evidence that it submitted a complete bid, any
reasonable person would conclude that it was arbitrary
for a governmental agency to reject that bid merely
because a technical document cannot thereafter be
found. As the Third District has noted:
[ ] There is a very strong public interest in
favor of saving tax dollars in awarding public
contracts. There is no public interest, much less a
substantial public interest, in disqualifying low
bidders for technical deficiencies in form, where the
low bidder did not derive any unfair competitive
advantage by reason of the technical omission.
Intercontinental Properties, Inc. v. State, Dept of Health
& Rehabilitative Servs., 606 So. 2d 380,
4nn t_Fly t,S g?g0. 17 Fla. Law W. D 203 , D 2033 (Fla.
3d DCA 1992).
In this case, the hearing [**8] officer's findings of fact
clearly established an unrefuted, prima facie case that
Overstreet included the DBE form in its sealed bid.
Accordingly, the hearing officer could not legally
recommend that the low bidder's protest be dismissed.
DOT erred, as a matter of law, when it adopted the
hearing officer's recommendation.
Because this bid has already been awarded and DOT
did not agree to a stay pending appeal, Overstreet no
longer has a meaningful remedy by administrative
Page 4 of 4
608 So. 2d 851, *853; 1992 Fla. App. LEXIS 10447, **8
hearing to receive the award of this bid. Accordingly, we
remand for "ancillary relief' pursuant to s� ,i -gin
'In Flnririn .stn (1991), in an
appropriate circuit court. We express no opinion
concerning the remedy or damages available to
Overstreet [*854] in that action. See The Florida Bar
Continuing Legal Education Florida Administrative
Practice § 6.200 (3d ed. 1990).
Reversed and remanded.
LEHAN, C.J., and PARKER, J., Concur.
,._,id of w__.._:ent
Contract 06-4000
"Professional Design and Related Services for the Vanderbilt Beach Road Extension
from Collier Boulevard to Desoto Boulevard", Project #60168
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this r -2 day of Lce�" 6er-
200 (e, 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 CH2M Hill, authorized to do business in the State of Florida, whose business
address is 5801 Pelican Bay Boulevard, Suite 505, Naples, FL 34108 (hereinafter referred to as
the "CONSULTANT').
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design and related services
of the CONSULTANT concerning Vanderbilt Beach Road Extension (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:
1
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design and related 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 John W. Moqqe, Jr., PhD, RA, 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
2
ii
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
to the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including 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.
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
3
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 Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall
have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -
pavement - EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through an Amendment 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 Administrative Procedures in effect at the time such services are
authorized. These services will be paid for by OWNER as indicated in Article Five and
Schedule B. Except in an emergency endangering life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
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.
5
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's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
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;
6
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
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.
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
8
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may
withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT
be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
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, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a
nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this
Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this
license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges OWNER may be making Project Documents available for review and
information to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as
may be required by law. OWNER, or any duly authorized agents or representatives of
OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during 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
10
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 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County, 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 coverages 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, which are to be provided in the form
attached as Attachment I to Schedule D, must identify the specific Project
name, as well as the site location and address (if any).
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
ii
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The, insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the
appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
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 terms this Agreement,
12
and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or
subcontract agreement shall preserve and protect the rights of the OWNER under this
Agreement with respect to the Services to be performed by the subconsultant or subcontractor
so that the subconsulting or subcontracting thereof will not prejudice such rights. Where
appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into
similar agreements with its sub-subconsultants or sub -subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
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.
13
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate
this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
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
14
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
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
15
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
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
Z
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-530-6584
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:
CH2M Hill, Inc.
5801 Pelican Bay Boulevard, Suite 505
Naples, Florida 34108
Telephone: 239-596-1715
Fax: 239-596-2579
Attn: Bill Gramer, P.E.
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.
17
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
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.
18
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
Schedule F
KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
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
19
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:
"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 subrNt 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.
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.
21
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Professional Design and Related Services for Vanderbilt Beach Road
Extension from Collier Boulevard to Desoto Boulevard the day and year first written above.
ATTEST-,
a tq
Dwightt. �Srock,41eriv
�-
Date. ''
Approved as .to -form and
legal su i_ 7
Robbrt ha
Assistant County Attomey
WitJ�es
Typed Name and Title
Witness
�11�5 (Ae�
Typed Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Frank Halas, Chairman
CH2M Hill, Inc.
By: ILe & - I
Typed Name and Title
22
2
SCHEDULE A
SCOPE OF SERVICES:
ENGINEERING AND PERMITTING SERVICES FOR
CAPACITY IMPROVEMENTS FOR VANDERBILT BEACH ROAD EXTENSION
FROM COLLIER BOULEVARD (CR 951) TO DESOTO BOULEVARD
TABLE OF CONTENTS
PURPOSE
PROJECT DESCRIPTION
2.1 Roadway: Plan Type: P1an\Profile-1"=60' full plan views, 1"=60' Horiz, 1"= 2' Vert full
profile views.
2.2 Drainage
2.3 Utility Coordination
2.4 Permits
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.15
2.16
2.17
2.18
2.19
2.20
2.21
Structures
Signing and Pavement Markings
Signals
Lighting
Landscape Architecture (Not Applicable to this project)
Survey
Photogrammetry
Geotechnical
Archaeological Survey
Noise Analysis
Joint Project Agreements (Not applicable to this proj
Specifications Package
Project Schedule
Submittals
Provisions for Work
1
2
10
10
10
10
10
11
11
11
11
11
11
11
11
12
12
2.22
Services to be performed by the COUNTY
12
3 PROJECT GENERAL TASKS
13
3.1
Public Involvement
15
3.2
Joint Project Agreements (Not applicable to this project)
16
3.3
Specifications Package Preparation
16
3.4
Contract Maintenance
17
3.5
Value Engineering (Multi -disciplined Team) Review (Not Applicable to this project)
17
3.6
Prime Project Manager Meetings
17
4 ROADWAY ANALYSIS
17
4.1
Typical Section Package
17
4.2
Pavement Design Package
17
4.3
Access Management
17
4.4
Horizontal/Vertical Master Design Files
18
4.5
Cross Section Design Files
18
4.6
Traffic Control Analysis
18
4.7
Master TCP Design Files
19
4.8
Design Variations and Exceptions.
19
4.9
Design Report
19
4.10
Computation Book and Quantities
19
4.11
Cost Estimate
19
4.12
Technical Special Provisions
20
20
4.13
Field Reviews
20
4.14
Technical Meetings
20
4.15
Quality Assurance/Quality Control
20
4.16
Independent Peer Review
21
4.17
Supervision
21
4.18
Coordination
21
5 ROADWAY PLANS
22
6 DRAINAGE ANALYSIS
23
6.1
Determine Base Clearance Water Elevation
23
6.2
Pond Siting Analysis and Report
23
6.3
Design of Cross Drains
24
6.4
Design of Roadway Ditches
24
6.5
6.6
Design of Outfalls
Design of Stormwater Management Facility (Offsite Pond)
24
6.7
Design of Stormwater Management Facility (Roadside Ditch as Linear
)
Pond of applicable
4
to this project)
24
6.8
Design of Flood Plain Compensation Area
24
6.9
6.10
Design of Storm Drains
Optional Culvert Material (Not applicable to this project)
24
6.11
French Drain Design (Not applicable to this project)
24
24
6.12
Drainage Wells (Not applicable to this. project)
24
6.13
Drainage Design Documentation Report
25
6.14
Bridge Hydraulic Report
25
6.15
Cost Estimate
25
6.16
Technical Special Provisions
25
6.17
Field Reviews
25
6.18
6.20
Technical Meetings
Independent Peer Review (Not applicable to this project)
26
26
6.21
Supervision
26
6.22
Coordination
26
7 UTILITIES
26
7.1
Kickoff Meeting
26
7.2
Identify Existing UAO(s)
26
7.3
7.4
Make Utility Contacts
Exception Coordination (Not applicable for this project)
27
27
7.5
Preliminary Utility Meeting
27
7.6
Individual/Field Meetings
28
7.7
Collect and Review Plans and Data from UAO(s)
28
7.8
Subordination of Easements Coordination
28
7.9
Utility Design Meeting
Review Utility Markups and Work Schedules and Processing of Schedules and Agreements 29
7.10
7.11
Utility Coordination/Follow up
29
7.12
7.13
Utility Constructability Review
Additional Utility Services (Not applicable for this project)
29
7.14
of applicable for this project) 29
Processing Utility Work by Highway Contractor (UWHC) (N Pp 29
7.15
Contract Plans to UAO(s)
29
7.16
Certification/Close-Out (Not applicable for this project)
29
8 ENVIRONMENTAL PERMITS
29
8.1
Wetland Delineation
30
8.2
Threatened & Endangered (T&E) Species Surveys
31
8.3
Florida Panther Biological Opinion
31
8.4
Meetings
31
8.5
Regulatory Agency Field Reviews
31
8.6
Mitigation Design
II
9
STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS
32
10
STRUCTURES - BRIDGE DEVELOPMENT REPORT
33
11
STRUCTURES - TEMPORARY BRIDGE (Not applicable for this project)
34
12
STRUCTURES - SHORT SPAN CONCRETE BRIDGE
34
General Layout Design and Plans
35
13
STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE (Tasks 13.1-13.53 are not applicable
for this project)
36
14
STRUCTURES - STRUCTURAL STEEL BRIDGE (Tasks 14.1-14.61 are not applicable for this
project)
36
15
STRUCTURES - SEGMENTAL CONCRETE BRIDGE (Tasks 15.1-15.78 are not applicable for
this project)
36
16
STRUCTURES - MOVABLE SPAN (Tasks 16.1-16.102 are not applicable for this project)_
36
17
STRUCTURES - RETAINING WALL (Tasks 17.1-17.21 are not applicable for this project) -36
18
STRUCTURES - MISCELLANEOUS
36
20
21
22
23
19 SIGNING AND PAVEMENT MARKING ANALYSIS
19.1 Traffic Data Analysis
19.2 No Passing Zone Study (Not applicable for this project)
19.3 Reference and Master Design File
19.4 Multi -Post Sign Support Calculations
19.5 Sign Panel Design Analysis
19.6 Sign Lighting/Electrical Calculations (Not applicable for this project)
19.7 Quantities
19.8 Computation Book
19.9 Cost Estimates
19.10 Technical Special Provisions
19.11 Field Reviews
19.12 Technical Meetings
19.13 Quality Assurance/Quality Control
19.14 Independent Peer Review (Not applicable to this project)
19.15 Supervision
19.16 Coordination
SIGNING AND PAVEMENT MARKING PLANS
SIGNALIZATION ANALYSIS
21.1 Traffic Data Collection
21.2 Traffic Data Analysis
21.3 Signal Warrant Study
21.4 Systems Timings (Not applicable for this project)
21.5 Reference and Master Signalization Design File
21.6 Reference and Master Interconnect Communication Design File
There are no Signal Interconnect Plans anticipated for this project.
21.7 Overhead Street Name Sign Design
21.8
21.9
21.10
21.11
21.12
21.13
21.14
21.15
21.16
2.17
21.18
Pole Elevation Analysis
Traffic Signal Operation Report
Quantities
Cost Estimate
Technical Special Provisions_
Field Reviews
Technical Meetings
Quality Assurance/Quality Control
Independent Peer Review (Not applicable to this project)
Supervision
Coordination
SIGNALIZATION PLANS
LIGHTING ANALYSIS
23.1 Lighting Justification Report (Not applicable for this project)
III
37,
37
37
37
38
38
38
38
38
38
38
39
39
39
39
39
39
39
40
40
40
40
40
40
40
40
40
40
40
40
41
41
41
42
42
42
42
42
42
43
43
F0
23.2 Lighting Design Analysis Report
43
23.3 Aeronautical Evaluation (Not applicable for this project)
43
23.4 Voltage Drop Calculations
43
23.5 FDEP Coordination and Report (Not applicable for this project)
43
23.6 Reference and Master Design Files
43
23.7 Temporary Lighting (Not applicable for this project)
44
23.8 Design Documentation
44
23.9 Quantities
44
23.10 Cost Estimate
44
23.11 Technical Special Provisions
44
23.12 Field Reviews
44
23.13 Technical Meetings
44
23.14 Quality Assurance/Quality Control
45
23.15 Independent Peer Review
45
23.16 Supervision
45
23.17 Coordination
45
24
LIGHTING PLANS
45
25
LANDSCAPE ARCHITECTURE ANALYSIS (Not Applicable for this project)
45
26
LANDSCAPE ARCHITECTURE PLANS (Not Applicable for this project)
45
27
SURVEY
45
28
PHOTOGRAAEMETRY
45
29
MAPPING
46
30
GEOTECHNICAL
46
31
ARCHITECTURE DEVELOPMENT and tasks 31.1— 31.155 are not applicable for this project.46
32
PROJECT REQUIREMENTS
46
32.1 Liaison Office
46
32.2 Key Per
46
32.3 Progress Reporting
46
32.4 Correspondence
46
32.5 Professional Endorsement
46
32.6 Computer Automation
47
32.7 Coordination with Other Consultants
47
32.8 Optional Services
47
33
ADDITIONAL TERMS
47
34
INVOICING
49
F0
SCOPE OF SERVICES FOR ENGINEERING AND PERMITTING SERVICES
This Exhibit forms an integral part of the agreement between Collier County (hereinafter
referred to as the COUNTY) and CH2M HILL (hereinafter referred to as the ENGINEER)
relative to the transportation facility described as follows:
Vanderbilt Beach Road Extension from Collier Boulevard (CR 951) to DeSoto Boulevard,
a distance of approximately 11.0 miles.
The project will be divided into two sections for design, bidding and construction services:
■ Project 1 — Collier Boulevard (CR 951) to Wilson Boulevard, approximately 5.11 miles;
■ Project 2 — Wilson Boulevard to DeSoto Boulevard, approximately 5.87 miles;
This Scope of Services addresses the permitting, preparation of construction plans and
specifications for Projects 1.and 2 of the Vanderbilt Beach Road Extension improvements.
1 PURPOSE
The purpose of this Exhibit is to describe the scope of work and the responsibilities of the
ENGINEER and the COUNTY in connection with the design and preparation of complete
construction contract plans and special provisions for Projects 1 and 2. The primary work
- efforts include:
• Roadway improvements to the transportation facility described above.
Bridge/Structural improvements associated with the above described roadway
improvements as identified herein.
• Drainage Analysis and Design and Environmental Permitting in support of the roadway
improvements.
• Signing and Marking, Signalization and Lighting improvements associated with the roadway
improvements.
The general objective is for the ENGINEER to prepare two (2) sets of plans (individual plan
sets for Project 1 and Project 2) to be used by Collier County to bid and construct the project.
Elements of work shall include roadways, structures, intersection improvements, geotechnical
investigation, surveys, drainage, signing and pavement markings, signalization, lighting, utility
plans (identify all existing utilities, no new utility designs are included, relocations will be limited
to perpendicular crossing impacts. Exception: Well RO-4 Waste Line -150 LF), right-of-way
maps and legal descriptions, maintenance of traffic (basic phasing), cost estimates,
environmental permits, quantity computation books, (4) public meetings (per project) and all
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necessary incidental items as listed and estimated in this scope of work. The Scope of
Services establishes which items of work described in the Florida Department of Transportation
(FDOT) Plans Preparation Manual, Collier County Land Development Code and other pertinent
manuals to accomplish the work are specifically included in this contract, and also which of the
items of work will be the responsibility of the ENGINEER or the COUNTY.
The ENGINEER shall demonstrate good project management practices while working on this
project. These include communication with the COUNTY and others as necessary,
management of time and resources, and documentation.
The ENGINEER shall set up and maintain throughout the life of the project a contract file
documenting project progress and any changes.
The COUNTY will provide contract administration, management services, and cursory technical
reviews of all work associated with the plans development and documentation. The COUNTY
will provide job specific information and correspondence as well as plans and details of other
site development improvements as outlined in this contract.
2 PROJECT DESCRIPTION
The ENGINEER shall investigate the existing conditions and status of any projects in the
corridor area and become familiar with concepts and commitments (typical sections,
alignments, etc.) developed from previous Collier County design projects.
The ENGINEER shall incorporate the following into the design of this facility:
2.1 Roadway: Plan Type: Plan\Profile — 1"=60' full plan views, 1"=60' Horiz, 1"= 2' Vert full
profile views.
Typical Section: Design will provide for a six -lane urban roadway. Refer to typical section
discussion below. A-2
Limits:
Project 1 Vanderbilt Beach Road from Collier Boulevard (CR 951) to Wilson Boulevard
(approximately 5.11 miles). The improvements will reflect a six -lane divided urban improvement
within 200 feet of right-of-way. Included in this section is the improvement of the Massey
Street, 27tn, 23rd, 21St 19th, and 17th Street NW Intersections for a maximum distance of 500
feet from Vanderbilt Beach Road Extension and the Wilson Boulevard intersections for a
maximum distance of 1400 feet (700 feet North and 700 feet South) from Vanderbilt Beach
Road Extension. These intersections will be modified to tie Vanderbilt Beach Road Extension
into the existing streets. The VBR/Wilson Boulevard Intersection will be designed as a 6 -lane
(VBR) by 4 -lane (Wilson) intersection. The proposed future intersections of VBR and 13th Street
NW and 15the Street NW will be considered in the Conceptual Design (6 -lane by 3 -lane, pair
direction to be provided by COUNTY) but will not be included in the Final Plans. The proposed
future bridges at 13th Street NW and 15th Street NW will be considered in the Conceptual
Design but will not be included in the Final Plans. The demolition of the existing 13th Street NW
over Cypress Canal Bridge will not be included as part of the VBR Plans. This current
connection will not be maintained.
Project 2 — Vanderbilt Beach Road from Wilson Boulevard to DeSoto Boulevard (approximately
5.87 miles). The improvements will reflect a 4 -lane sub -urban improvement (in a six -lane
divided urban roadway footprint) with 200 feet of right-of-way. Included in this section is the
improvement of 8th and 16th Street NE (1000 ft each — 500 feet north and 500 feet south from
Vanderbilt Beach Road Extension), Everglades Boulevard and DeSoto Boulevard (1400 ft each
- 700 feet North and 700 feet South from Vanderbilt Beach Road Extension). The VBR/8th and.
16th Street NE Intersections will be designed as a 6 -lane (VBR) by 4 -lane intersection with an
interim stop sign condition. The VBR/Everglades Intersection will be designed as a 6 -lane
(VBR) by 6 -lane (Everglades) intersection. The VBR/Desoto Blvd Intersection will designed as a
6 -lane (VBR) by 4 -lane (Desoto) intersection.
The detailed project limits for Survey and Design are shown in Table 1. A_3
TABLE 1
Street
Project
Comment
Name
Length
LF
VBR
56400
Survey shall began 150' east of Webber and end east
of Desoto Blvd
Webber
100
Return connections
Sta 452+00
100
Return connections
Sta 464+00
100
Return connections
Massey Rd
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
Douglas St
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
27th St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
25th St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
23' St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
21St St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
19th St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
17th St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
15th St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
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13" St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
11t" St NW
500
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR.
Wilson Blvd
1400
Survey for Wilson Blvd, Everglades Blvd and Desoto
Blvd shall begin 700 feet south of the centerline of
ROW for VBR and end 700 feet north. Design Limits
— 700 feet N/S of Intersection
8t" St NE
1000
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR
each side of the centerline
16" St NE
1000
Secondary roads shall be surveyed to a minimum
distance of 500 feet from the intersection with VBR
each side of the centerline
Everglades
1400
Survey for Wilson Blvd, Everglades Blvd and Desoto
Blvd
Blvd shall begin 700 feet south of the centerline of
ROW for VBR and end 700 feet north. Design Limits
— 700 feet N/S of Intersection
Desoto Blvd
1400
Survey for Wilson Blvd, Everglades Blvd and Desoto
Blvd shall begin 700 feet south of the centerline of
ROW for VBR and end 700 feet north. Design Limits
— 700 feet N/S of Intersection
Intersections: Minor improvements to the above mentioned intersections are included
within this scope of services. Intersection delay studies, capacity analyses and modeling are not
included in this scope of services.
Traffic Control Plans: Typical Sections, Detail Sheets and Basic Conceptual Phasing Plan
Sheets are included in this scope of services.
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Final Design or improvements to:
• Massey Street from Vanderbilt Beach Road to Tree Farm Road — a distance of
approximately 1.0 mile, may be added to this Scope of Services as Additional Services at the
discretion of the COUNTY.
• 13th Street from Vanderbilt Beach Road to Golden Gate Boulevard — a distance of
approximately 1.0 mile, along with a new bridge over the Cypress Canal at 13th Street may be
added to this Scope of Services as Additional Services at the discretion of the COUNTY.
• 15th Street from Vanderbilt Beach Road to Golden Gate Boulevard — a distance of
approximately 1.0 mile, along with a new bridge over the Cypress Canal at 15th Street may be
added to this Scope of Services as Additional Services at the discretion of the COUNTY.
• 8th Street from 12th Ave NE to south of the Golden Gate Canal — a distance of approximately
0.75 mile, may be added to this Scope of Services as Additional Services at the discretion of
the COUNTY.
• 16th Street from 12th Ave NE to south of the Golden Gate Canal — a distance of
approximately 0.75 mile, may be added to this Scope of Services as Additional Services at the
discretion of the COUNTY.
• Limits of improvements on Wilson Boulevard, Desoto Boulevard and Everglades Boulevard
may be increased and added to this Scope of Services as Additional Services at the discretion
of the COUNTY.
• The Design of New County Utilities (Potable Water, Raw Water -Fresh, Raw Water -Brackish,
Sewer, IQ, Waste) along the Project Corridor may be added to this Scope of Services as
Additional Services at the discretion of the COUNTY.
2.2 Drainage
The stormwater system will be designed to meet the permitting requirements of all applicable
permitting agencies. Stormwater system design will consider best management practices, open
and closed systems, ditches, ponds, etc. or a combination thereof, within and outside the
existing right of way. The design of 17 off-site ponds appear to be the most practical treatment
method for Sections 1 and 2 and are part of this Scope of Services.
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Preparation of Bridge Hydraulics Reports for the proposed bridges over controlled flow canals is
included in this scope.
2.3 Utility Coordination
The ENGINEER will identify and accurately depict all existing utilities (public and private) within
the project limits based on Record information provided by the COUNTY and local utility agency
owners (UAO). Survey tasks will locate above ground utilities and facilities such as manholes,
valve boxes, etc. A limited amount ($17,500) of Physical underground locates (Pot -holing) of
existing utilities is included as a service in this scope of work. If it is determined that those
services need to be expanded, they will be considered Additional Services.
Coordinate with all existing utility owners (public and private) on this Project.
Identify needs to relocate, modify and/or leave in place.
Design or modifications/relocations of Collier County utilities (except as noted in Section 1 —
Purpose), such as water, sanitary sewer, reclaimed water, etc. is not anticipated or included
in this scope of services and will be considered Additional Services.
Other local agency utility relocation/modification is not included in this Scope of Services and
will be considered. Additional Services.
CONSULTANT will coordinate the need for additional COUNTY facilities during the design
process. Design of new County facilities is not included in this Scope of Services and will be
considered Additional Services. CONSULTANT shall be made aware of anticipated additional
COUNTY facilities to be incorporated into the plans within 30 days of the 30% Plans Submittal.
Revision of design documents after this time to accommodate any new facilities will be
considered as Additional Services.
2.4 Permits
The ENGINEER will:
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Identify all needed permits.
Obtain COUNTY approval on decisions regarding, or modifications to, permits.
Obtain COUNTY review prior to submittal of applications and designs to the permitting agency.
The ENGINEER will be responsible for ensuring that environmental assessments for wetland
systems, wildlife and habitat surveys (available data and field reviews), and
historical/archaeological surveys are performed. Phase II Surveys (Environmental) and Specific
Species (T&E) Surveys will be considered Additional Services. Extraordinary environmental
efforts including, but not limited to, contamination testing, wildlife tracking/telemetry studies and
coordination of significant historic/archaeological resources will be considered Additional
Services.
Apply for and coordinate for approval all necessary permits including, but not limited to:
Environmental Resource Permit from the South Florida Water Management District; Army
Corps of Engineers; BCB ROW Permit.
A COUNTY representative will be present (invited to) at all meetings with regulatory agencies.
2.5 Structures
The ENGINEER will analyze and design structures as follows:
It s Shall be assumed that only conventional FDOT bridge type structures, more specifically
pile supported, cast -in-place Flat Slab or AASHTO beam bridges will be evaluated as part of the
Bridge Development Report (BDR). CONSPAN will be considered but is not anticipated to be
utilized.
Project 1: Collier Boulevard to Wilson Boulevard
Brid es: This section of the project consists of 3 new bridge structures as described below.
The bridge over Curry Canal (Bridge B-3) shall be assumed identical to Bridges B-1 and B-2 in
Project 2. For the purpose of preparing a fee estimate for this contract, it shall be assumed that
all bridges in Project 1 will be constructed as short span concrete bridges with 3 -spans at 30 ft
each. See Table 2 for bridge details. Canal relocations (including BCB Permitting) to reduce the
span length for Bridge 1 and Bridge 2 is anticipated and included in this scope of services.
Walls:
Soundwalls: Anticipated at Intersection of VBR and Massey Street, approximately 1000 ft long.
Maximum Height = 9 ft. If warranted, the wall will be required to be constructed on owner ROW.
The ROW and TCE will be provided by the property owner at no additional cost to the County.
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Retaining Walls: Although no walls are anticipated, Retaining Wall Design for a maximum of
500 LF (Total combined Project 1 and 2) has been included in this Scope of Services.
Box Culverts: None anticipated
Pedestrian Underpass — None anticipated
Miscellaneous Other Structures
Signal: Standard Mast Arms = 4 total
Sign Structures: None.
Project 2: Wilson Boulevard to DeSoto Boulevard
Bridges: This section of the project consists of 4 new bridge structures as described below. It
shall be assumed that Bridge B-1 and B-2 will be identical to Bridge B-3 in Project 1. For the
purpose of preparing a fee estimate for this contract, it shall be assumed that all bridges in
Project 2 will be constructed as short span concrete bridges with 3 -spans at 30 ft each. See
Table 2 for bridge details
Walls
Soundwalls: None.
Retaining Walls: None.
Box Culverts: None.
Miscellaneous Other Structures
Signal: Standard Mast Arms = 8 total
Sign Structures: None.
The design of new box culverts, box culvert extensions, miscellaneous foundations, special lighting foundations,
and retaining walls is not included in this Scope of Services.
A-9
Table 2
Section
Name Approx Width
Description
B-1
Lane —119 ft
ver Cypress Canal — Sta 496+00 a rox
1
B-2
Lane —119 ft
ver Cypress Canal — Sta 594+00 a rox
B-3
Lane —119 ft
ver Curry Canal
B-1
Lane — 119 ft
ver Corkscrew Canal
Iver
B-2
Lane — 119 ft
ver Orange Tree Canal
2
B-3
Lane — 119 ft
ver Main Golden Gate Canal
B-4
Lane — 119 ft
Faka Union Canal
2.6 Signing and Pavement Markings
The ENGINEER will analyze and design signing and pavement markings. Signing and
pavement markings shall be determined during the design process.
2.7 Signals
This Scope of Services includes the following signalized intersections:
Project 1:
Vanderbilt Beach Road at Collier Boulevard (CR 951) — Modify existing signal
Vanderbilt Beach Road at Wilson Boulevard — New signal
Project 2:
Vanderbilt Beach Road at Wilson Boulevard — Modify signal from Project 1
Vanderbilt Beach Road at Everglades Boulevard — New signal
Vanderbilt Beach Road at DeSoto Boulevard — New signal
A Signal Warrant study will be done for the VBR/13th Street and VBR/15th Street intersections only and is
included in this Scope of Services. Signal Warrants and Signal Designs (in addition to those mentioned
above) will be considered Additional Services.
2.8 Lighting
The ENGINEER will design lighting for the entire length of Vanderbilt Beach Road. Lighting
design will be prepared for the side streets at Wilson Boulevard, Everglades Boulevard, and
DeSoto Boulevard. The lighting design along the side streets will be limited to 500 feet to the
north and south of the intersection with Vanderbilt Beach Road. The Engineer will prepare one
lighting report that encompassed both project sections. CH2M HILL will prepare lighting design
for both projects.
2.9 Landscape Architecture (Not Applicable to this project)
2.10 Survey
See Subconsultant RWA, Inc. and Wilson Miller Scope of Services A -lo
2.11 Photogrammetry
See Subconsultant RWA, Inc. Scope of Services
2.12 Mapping
See Subconsultant RWA, Inc. Scope of Services. Collier County will provide Title. Searches for
the impacted parcels.
2.13 Geotechnical
See Subconsultant Ardaman & Associates, Inc. Scope of Services
2.14 Architecture (Not applicable to this project)
2.15 Archaeological Survey
The ENGINEER will provide the COUNTY with the results of the Archeological Survey and
include the recommendations on the project design.
2.16 Noise Analysis
The ENGINEER will perform a noise analysis and prepare a noise analysis report - Noise
Study.
2.17 Joint Project Agreements (Not applicable to this project)
2.18 Specifications Package
The ENGINEER shall prepare, sign and seal the project specifications package. COUNTY will
provide the ENGINEER with the updated 2007 Collier County specification package and the
ENGNEER will prepare the bid tabulations and Exhibit I to address this project. Revisions to
Division 1 of the Collier County specifications package will be considered Additional Services.
2.19 Project Schedule
The ENGINEER shall provide a detailed project activity/event schedule for COUNTY and
ENGINEER activities required to meet the completion date for design. The schedule shall
indicate, at a minimum, submission dates for 30%, 60%, 90% and 100%, and all other required
submittals. The schedule shall allow 14 calendar days for the COUNTY's review of the plans.
Periodically, throughout the life of the project, the schedule shall be reviewed and, with the
approval of the COUNTY, adjusted as necessary to incorporate changes in the work concept
and progress to date.
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2.20 Submittals
The ENGINEER shall furnish plans and documents as required by the COUNTY to adequately
control, coordinate, and construct the plans. The plans be consistent with FDOT PPM. The
ENGINEER shall provide the COUNTY sets of 11" x 17" design plans for distribution, as follows:
Phase 1:
30%
10 sets
Phase 2:
60%
10 sets
Phase 3:
90%
12 sets
Phase 4:
100%
12 sets
The ENGINEER shall furnish a copy -ready set of plans and specifications to the COUNTY at
100% completion. The size of the final plans shall be 11" x 17".
All electronic (digital) files of final plans and specifications will be submitted to the COUNTY on
a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be
provided in an Adobe Acrobat (.pdf) format.
2.21 Provisions for Work
All maps, plans and designs are to be prepared with English values in accordance with all
applicable current Collier County and FDOT manuals, memorandums, and guidelines.
2.22 Services to be performed by the COUNTY
When appropriate the COUNTY will provide those services and materials as set forth below:
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Regarding Environmental Permitting Services: a) Provide general philosophies and guidelines
of the COUNTY to be used in the fulfillment of this contract; b) Provide the appropriate
signatures on application forms; c) All required Permit Fees
Provide the appropriate letters of authorization designating the ENGINEER as an agent of the
COUNTY.
The COUNTY will provide design traffic for the corridor to be used by the ENGINEER for
alternatives analysis, signalization and queue length determinations.
Provide plan reviews during the various stages of development within schedule.
All future information that may come to the COUNTY during the term of the ENGINEER's
Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the
work. This includes all submitted new PUD's and DRI's.
Project data currently on file.
All available information in the possession of the COUNTY pertaining to utility companies
whose facilities may be affected by the proposed construction.
All future information that may come to the COUNTY pertaining to subdivision plans so that the
ENGINEER may take advantage of additional areas that can be utilized as part of the existing
right-of-way.
Existing right-of-way maps.
Title Searches
Property values for parcels designated by the ENGINEER for potential acquisition.
3 PROJECT GENERAL TASKS
Project General Tasks are applicable to the project as a whole and are described in Sections
3.1 through 3.6 of this Scope of Services.
Project Common Tasks
These tasks are applicable to most activities of the project included in this Scope of Work as
identified in Sections 4 through 34.
Project Research: The ENGINEER shall perform research of existing PUD and DRI documents
for developments adjacent to the project for commitments regarding Right of Way, Stormwater
Management, Roadway Improvements or any other commitments involving the interests of the
COUNTY. The COUNTY will provide the ENGINEER with corridor alignment and access
management information regarding the CC School Board's and the Parks & Recreation's
parcels within 1 month of Notice to Proceed (NTP).
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Cost Estimates: The ENGINEER shall be responsible for producing a construction cost estimate
(at 30%) and reviewing and updating the cost estimate at project milestones 60%, 90% and
100%.
Technical Special Provisions: The ENGINEER shall provide Technical Special Provisions for all
items of work not covered by the Collier County or FDOT Standard Specifications for Road and
Bridge Construction (2007) and recurring special provisions. Standard Specifications, recurring
special provisions and supplemental specifications should not be modified unless absolutely
necessary to control project specific requirements. The first nine sections of the standard
specifications, recurring special provisions and supplemental specifications shall not be
modified without written approval of the COUNTY. All modifications to other sections must be
justified to the COUNTY to be.included in the project's specifications package as Technical
Special Provisions.
The Technical Special Provisions shall provide a description of work, materials, equipment and
specific requirements, method of measurement and basis of payment. These provisions shall
be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way
that would create a problem for high volume reproduction.
Field Reviews: Includes all trips required to obtain necessary data for all elements of the
project.
Technical Meetings: Includes meetings with the COUNTY; between disciplines and
subconsultants, such as access management meetings, pavement design meetings, local
governments, progress review meetings (phase review); and miscellaneous meetings.
Quality Assurance/Quality Control: It is the intention of the COUNTY that design ENGINEER'S
are held responsible for their work, including plans review. The purpose of ENGINEER plan
reviews is to verify that the ENGINEER's plans follow the plan preparation procedures outlined
in the FDOT Plans Preparation Manual; that State and Federal design criteria are followed
consistent with the COUNTY concepts; and that the ENGINEER submittals are completeA_14
The ENGINEER shall be responsible for the professional quality, technical .accuracy and
coordination of all surveys, designs, drawings, specifications and other services furnished by
the ENGINEER under this contract.
The ENGINEER shall, without additional compensation, correct all errors or deficiencies in the
designs, maps, drawings, specifications and/or other services through all stages of design and
project construction. Post -Design services such as responding to Requests for Information
(RFI's) from the COUNTY or the project's construction contractor regarding plan or specification
deficiencies, ambiguities or conflicts; shop drawing reviews, etc shall be resolved to the
satisfaction of the COUNTY.
Independent Peer Review: Independent Peer Reviews are to consist of Constructability
Reviews by ENGINEER's staff.
Supervision: Includes all efforts required to supervise all technical design activities.
Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a
final set of construction documents.
3.1 Public Involvement
Public involvement is an important aspect of the project development process. Public
involvement includes communicating to all interested persons, groups, and government
organizations information regarding the development of the project. Property owners adjacent to
project shall be kept informed about the project.
Joint (if applicable) or separate Public Meetings will be held on these projects, one after each of
the following design phases 30%, 60% and 90% and one pre -construction. In addition, the
ENGINEER and COUNTY staff will meet with civic groups and others on an individual basis, as
needed, to discuss the project. The ENGINEER shall anticipate participation in three additional
meetings for this purpose with minimal staff involvement. A-15
3.2 Joint Project Agreements (Not applicable to this project)
3.3 Specifications Package Preparation
The ENGINEER shall prepare the bid tabulations and Exhibit I and provide a complete
specifications package, including applicable Technical Special Provisions, for all items and
areas of work.
The ENGINEER will provide the necessary workbook and electronic files, in Microsoft Word
2003 format, for proper completion of the specifications preparation task. The actual work effort
may entail utilization of the supplied electronic files and inclusion of new files issued as
mandatory special provisions or supplemental specifications.
The specification package shall be based on the 2007 edition of FDOT's Standard
Specifications for Road and Bridge Construction as modified by the COUNTY specification
requirements. The specification package may include Special Provisions or Supplemental
Specifications as directed by the COUNTY. The COUNTY will provide the completed front-end
contract document sections.
The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not
be modified unless absolutely necessary to control project specific requirements. Proposed
modifications to these listed documents shall be coordinated with the COUNTY prior to
inclusion in the final project specifications package.
Proposed Technical Special Provisions will be submitted. to the COUNTY for initial review at the
time of the 90% plan review submission. This submittal does not require signing and sealing.
Submittal shall include an electronic version (Microsoft Word 2003) of the specifications
package. All comments will be returned to the ENGINEER for correction and resolution.
The Final submittal shall be signed, dated and sealed in accordance with applicable Florida
Statutes. The submittal materials shall consist of the same as those submitted for the initial
review by the COUNTY. A-16
3.4 Contract Maintenance
Includes project management effort for complete setup and maintenance of files, developing
monthly progress reports, schedule updates, work effort to develop and execute subconsultant
agreements, etc.
3.5 Value Engineering (Multi -disciplined Team) Review (Not Applicable to this project)
3.6 Prime Project Manager Meetings
Includes Prime ENGINEER Project Manager staff hours for phase review, progress review, all
technical meetings, and other coordination activities, including any travel time. Meetings
required for each Activity are included in the meetings section for that specific Activity. Meetings
will be held as necessary.
4 ROADWAY ANALYSIS
The ENGINEER shall analyze and document Roadway Tasks in accordance with all applicable
manuals, guidelines, standards, handbooks, procedures, and current design memorandums.
.4.1 Typical Section Package
The ENGINEER shall provide an approved Typical Section Package prior to the 30% plans
submittal date. The package will be provided for COUNTY review and approval.
4.2 Pavement Design Package
The ENGINEER will prepare one pavement design report that encompasses .both project
sections. Two Pavement Designs are anticipated (Project 1, Project 2). Pavement Designs for
Wilson Boulevard, Everglades Boulevard and Desoto Boulevard will be based on the
recommendations from the Golden Gate Widening Project Plans (60040) currently being
produced by Stanley. The ENGINEER shall provide an approved Pavement Design Package
prior to the 60% plans submittal date. The package will be provided for COUNTY review and
approval.
4.3 Access Management
The ENGINEER shall incorporate access management standards for, each project in
coordination with COUNTY staff. The ENGINEER shall review adopted access management
standards and the existing access conditions (signalized intersection spacing, median opening
spacing, and connection spacing). Driveways that will be closed, relocated, or substantially
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altered shall be shown on plan sheets and submitted with supporting documentation for review
with the 30% plans submittal.
The COUNTY shall provide access managementclassification information to be used by the
ENGINEER immediately following Notice to Proceed. Access Management will adhere to Collier
County Access Class 2 wherever possible but will adhere to Access Class 3 as a minimum
requirement.
Any changes to Access Management (specific to new streets and median openings) after
approval of the Phase II (60%) Plans will be considered Additional Services.
4.4 HorizontalNertical Master Design Files
The ENGINEER shall design the geometrics using the design standards that are most
appropriate with proper consideration given to the design traffic volumes, design speed,
capacity and levels of service, functional classification, adjacent land use, design consistency
and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder
road user policy, access management, PD&E study documents and scope of work.
4.5 Cross Section Design Files
The ENGINEER shall establish and develop cross section design files in accordance with the
FDOT CADD manual.
4.6 Traffic Control Analysis
The ENGINEER shall design a Traffic Control Plan to move vehicular and pedestrian traffic
during all phases of construction. The design shall include construction phasing of roadways
ingress and egress to existing property owners and businesses, routing, signing and pavement
markings, and detours. Special consideration shall be given to the construction of the drainage
system when developing the construction phases. Positive drainage must be maintained at all
times. This will be the responsibility of the Contractor and will be noted in the Specifications.
The ENGINEER shall investigate the need for temporary traffic signals, temporary lighting,
alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic
Control Plan shall be prepared by a certified designer who has completed training as r�kq}4red
by the FDOT. Prior to proceeding with the Traffic Control Plan, the ENGINEER shall meet with
the appropriate COUNTY personnel. The purpose of this meeting is to provide information to
the ENGINEER that will better coordinate the Preliminary and Final Traffic Control Plan efforts.
The plans will be detailed sufficient enough for the Contractor to bid the project and maintain
traffic during construction.
4.7 Master TCP. Design Files
The ENGINEER shall prepare Basic Conceptual Traffic Control Plans to be utilized as a
planning tool by the Contractor for maintaining traffic during construction. The Contractor will be
responsible for providing a full Traffic Control Plan per FDOT Standards, Signed and Sealed by
a Florida Professional Engineer 30 Days prior to Construction.
4.8 Design Variations and Exceptions.
Not anticipated.
4.9 Design Report
The ENGINEER shall prepare all applicable report(s) as listed in the Project Description section
of this scope.
The ENGINEER shall submit design notes, data, and calculations to document the design
conclusions reached during the development of the contract plans.
The design notes, data, and computations shall be recorded on size 8%2'x11" sheets, fully titled,
numbered, dated, indexed and signed by the designer and the checker. Computer output forms
and other oversized sheets shall be folded to 8'/"x11" size. The data shall be in a hardback
folder for submittal to the COUNTY for review.
4.10 Computation Book and Quantities
The ENGINEER shall prepare the Computation Book and various summary of quantities
sheets. This includes all efforts required to develop the Computation Book and the supporting
documentation, including conceptual opinion construction days when required.
4.11 Cost Estimate
The ENGINEER shall prepare the. Engineer's Estimate of Probable Cost and provide with the
30% submittal. The Engineer's Estimate of Probable Cost shall be adjusted aK_f§ach
subsequent submittal and be maintained (updated at the 60%, 90% and 100% Milestones) until
final submittal.
4.12 Technical Special Provisions
None are anticipated with the project. If it is determined that a Technical Special Provision is
required, the ENGINEER shall provide Technical Special Provisions for all items of work not
covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring
special provisions. Standard Specifications, recurring special provisions and supplemental
specifications should not be modified unless absolutely necessary to control project specific
requirements. The first nine sections of the standard specifications, recurring special provisions
and supplemental specifications shall not be modified without written approval of the Collier
County.
The Technical Special Provisions shall provide a description of work, materials, equipment and
specific requirements, method of measurement and basis of payment. These provisions shall
be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way
that would create a problem for high volume reproduction.
4.13 Field Reviews
Includes all trips required to obtain necessary data for all elements of the roadway analysis.
4.14 Technical Meetings
Includes meetings with the COUNTY, Collier County and/or Agency staff, between disciplines
and subconsultants, such as access management meetings, pavement design meetings,
progress review meetings (phase review), and miscellaneous meetings necessary for all
elements of the roadway analysis. A total of 18 meetings have been included for these efforts.
4.15 Quality Assurance/Quality Control
The ENGINEER shall be responsible for the professional quality, technical accuracy and
coordination of all surveys, designs, drawings, specifications and other services furnished by
the ENGINEER under this contract
4.16 Independent Peer Review
Not Applicable to this project
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4.17 Supervision
Includes all efforts required to supervise all technical design activities.
4.18 Coordination
The ENGINEER will coordinate with. appropriate parties regarding elements of the roadway
design.
5 ROADWAY PLANS
The ENGINEER shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets
(limited locations), notes, and details. The plans shall include the following sheets necessary to
convey the intent and scope of the project for the purposes of construction unless noted as not
applicable to this project. The ENGINEER shall prepare two (2) sets of plans, one for each
design section (Sections 1 and 2), and shall utilize as many common sheets as possible
between the two sets in order to minimize efforts.
5.1 Key Sheet
5.2 Summary of Pay Items Including Quantity Input (Not applicable to this project)
5.3 Drainage Map
5.4 Interchange Drainage Map (Not applicable to this project)
5.5 Typical Section Sheets
5.6 General Notes/Pay Item Notes
5.7 Summary of Quantities (Not applicable to this project)
5.8 Box Culvert Data Sheet (Not applicable to this project)
5.9 Bridge Hydraulics Recommendation Sheets
5.10 Summary of Drainage Structures
5.11 Optional Pipe/Culvert Material (Not applicable to this project)
5.12 Project Layout
5.13 Plan/Profile Sheet
5.14 Profile Sheet (Not applicable to this project)
5.15 Plan Sheet (Not applicable to this project)
5.16 Special Profile (Not applicable to this project)
5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) A-21
5.18 Interchange Layout Sheet (Not applicable to this project)
5.19 Ramp Terminal Details (Plan View) (Not applicable to this project)
5.20 Intersection Layout Details
5.21 Miscellaneous Detail Sheets
5.22 Drainage Structure Sheet
5.23 Miscellaneous Drainage Detail Sheets
5.24 Lateral Ditch Plan/Profile (included in the Plan / Profile sheets)
5.25 Lateral Ditch Cross Sections (included in the Cross Sections)
5.26 Retention/Detention Ponds Detail Sheet
5.27 Retention Pond Cross Sections
5.28 Cross -Section Pattern Sheet (Not applicable'to this project)
5.29 Roadway Soil Survey Sheet
5.30 Cross Sections
5.31 Traffic Control Plan Sheets
5.32 Traffic Control Cross Section Sheets
5.33 Traffic Control Detail Sheets
5.34 Utility Adjustment Sheets (Limited locations for Project 1, Not applicable on Project 2
(Exception: Intersections of Wilson, Everglades, Desoto)
5.35 Selective Clearing and Grubbing (Not applicable to this project)
5.36 Erosion Control Plan
5.37 SWPPP
5.38 Project Control Network Sheet
5.39 Interim Standards (Not applicable to this project)
5.40 Utility Verification Sheet (SUE Data) (Information shown on other sheets)
5.41 Quality Assurance/Quality Control
5.42 Supervision
6 DRAINAGE ANALYSIS
The ENGINEER shall analyze and document Drainage Tasks in accordance with all applicable
manuals, guidelines, standards, handbooks, procedures, and current design memorandums.
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The ENGINEER shall be responsible for designing a drainage and stormwater management
system. All design work shall comply with the requirements of the appropriate regulatory
agencies and the FDOT's Drainage Manual. Once the drainage system is accepted and
approved by the COUNTY and the ERP Permit is submitted to the SFWMD, any changes to the
system, requested by the COUNTY, shall be considered as Additional Services.
The ENGINEER shall coordinate fully with the appropriate permitting agencies and COUNTY
and/or County staff. All activities and submittals should be coordinated through the COUNTY
and coordinated with the County's Project Manager. The work will include the engineering
analyses for any or all of the following:
6.1 Determine Base Clearance Water Elevation
Analyze, determine, and document high water elevations which will be used to set roadway
profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and
adjacent stormwater ponds. Determine groundwater elevations at intervals between the above-
mentioned surface waters.
6.2 Pond Siting Analysis and Report
Evaluate pond sites using a preliminary hydrologic analysis. Document the recommendations,
results and coordination for all of the project's pond site analyses. Evaluation will be prepared
for 2 pond site alternatives per pond and per stormwater basin. The analysis will be presented
in the form of a Technical Memorandum and the Drainage Manual provides specific
documentation requirements. Pond sites will be evaluated for Sections 1 and 2. Joint Use
Ponds will be considered for the Park/School Sites subject to project schedule. Any changes to
Pond Sites once the Pond Siting Report has been completed and Approved by the County will
be considered Additional Services.
6.3 Design of Cross Drains
Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they
are structurally sound and can be extended. Document the design as required. Determine and
provide flood data as required.
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6.4 Design of Roadway Ditches
Evaluate the existing conditions for all existing ditches. Ditches to convey off-site flow through
the project will be provided to mimic (not improve or change) existing conditions.
6.5 Design of Outfalls
Analyze and document the design of ditch or piped outfalls. (Pond outlet structure included in
task 6.6)
6.6 Design of Stormwater Management Facility (Offsite Pond)
Design stormwater management facilities to meet requirements for stormwater quality treatment
and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), perform routing
calculations, and design the outlet control structure. Ponds will be designed for Sections 1 and
2.
6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) (Not
applicable to this project)
6.8 Design of Flood Plain Compensation Area
Determine flood plain encroachments, coordinate with regulatory agencies, and develop
proposed compensation area layout (shape, contours, slopes, etc.). Document the design
following the requirements of the regulatory agency. (Not applicable to this project)
6.9 Design of Storm Drains
Develop a "working drainage map", determine runoff, inlet locations, and spread. Calculate
hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design
Tailwater and, if necessary, outlet scour protection. Design of storm drains is to include
ultimate conditions of the roadway as defined in by the Typical Sections.
6.10 Optional Culvert Material (Not applicable to this project)
6.11 French Drain Design (Not applicable to this project)
6.12 Drainage Wells (Not applicable to this project)
6.13 Drainage Design Documentation Report
Compile drainage design documentation into report format. Include documentation for all the
drainage design tasks and associated meetings and decisions, except the Pond Siting Analysis
Report and Bridge Hydraulics Report. A-24
6.14 Bridge Hydraulic Report
Calculate hydrology, hydraulics, scour, and deck drainage. Prepare report and the information
for the Bridge Hydraulics Recommendation Sheet for 7 bridges. Effort included for structures
identified in Section 2.5.
6.15 Cost Estimate
The ENGINEER shall prepare the Engineer's Estimate of Probable Cost and provide with first
submittal. The Engineer's Estimate of Probable Cost shall be adjusted. at each submittal to be
maintained until final submittal
6.16 Technical Special Provisions
None are anticipated with the project. If it is determined that a Technical Special Provision is
required, the ENGINEER shall provide Technical Special Provisions for all items of work not
covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring
special provisions. Standard Specifications, recurring special provisions and supplemental
specifications should not be modified unless absolutely necessary to control project specific
requirements. The first nine sections of the standard specifications, recurring special provisions
and supplemental specifications shall not be modified without written approval of the County.
The Technical Special Provisions shall provide a description of work, materials, equipment and
specific requirements, method of measurement and basis of payment. These .provisions shall
be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way
that would create a problem for high volume reproduction.
6.17 Field Reviews
Includes all trips required to obtain necessary data for all elements of the drainage analysis.
6.18 Technical Meetings
Includes meetings with the COUNTY, Collier County and/or Agency staff, between disciplines
and subconsultants, such as Pond Siting Review, pre -application submittal, drainage design
review, progress review meetings (phase review), and miscellaneous meetings necessary for all
elements of the drainage analysis. Meetings will be held as necessary.
6.19 Quality Assurance/Quality Control A-25
The ENGINEER shall be responsible for the professional quality, technical accuracy and
coordination of all surveys, designs, drawings, specifications and other services furnished by
the ENGINEER under this contract
6.20 Independent Peer Review (Not applicable to this project)
6.21 Supervision
Includes all efforts required to supervise all technical design activities.
6.22 Coordination
The ENGINEER will coordinate with appropriate parties regarding elements of the drainage.
design.
7 UTILITIES
The ENGINEER shall identify utility facilities and secure agreements, utility work schedules, and
plans from the Utility Agency Owners.(UAO) ensuring no conflicts exist between utility facilities
and the COUNTY's construction project. CONSULTANT will coordinate with all existing utilities
within the proposed corridor. It is assumed at this time that there are no new County (Potable
Water, Raw Water - Fresh, Raw Water - Brackish, Sewer, Waste, IQ) utilities proposed in this
corridor. CH2M HILL will coordinate with Collier County Utilities (PUED) to identify any potential
new utilities. Any new utility design, relocation of existing utilities (except as noted in Section 1 —
Purpose) or DEP Permitting will be considered Additional Services.
7.1 Kickoff Meeting
Prior to any contact with the UAO(s), the ENGINEER shall meet with the COUNTY Public
Utilities to receive guidance, as may be required, to assure that all necessary coordination will
be accomplished in accordance with Collier County procedures. ENGINEER shall bring a copy
of the design project work schedule reflecting utility activities.
7.2 Identify Existing UAO(s)
Identify all utilities in the corridor; check with FDOT Maintenance for Permits, Sunshine State
One Call, Design Location Survey, and Existing Plans:
7.3 Make Utility Contacts
First Contact: Send letters and two sets of plans to each utility (Phase I Plans). Includes contact
by phone for meeting coordination. Request type, size, location, easements, cost for
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compensable relocation, and justification for any utility exceptions. Include the meeting
schedule (if applicable) and.the design schedule. Include typical meeting agenda.
Second Contact: At a minimum of 4 weeks prior to the meeting, the ENGINEER shall transmit
two complete sets of Phase II Plans to each UAO having facilities located within the project
limits, and one set to the Collier County Public Utilities.
Third Contact: At a minimum of 2 weeks prior to the Phase IV - Final Plans submittal, the
ENGINEER shall transmit one set of plans to each UAO having facilities located within the
project limits and one set to the COUNTY Public Utilities. Final Utility Relocation Schedules will
be coordinated at this time.
7.4 Exception Coordination (Not applicable for this project)
7.5 Preliminary Utility Meeting
The ENGINEER shall schedule (time and place), notify participants, and conduct a preliminary
utility meeting with all affected UAO(s) for the purpose of presenting the project, review the
current design schedule, evaluate the utility information collected, provide follow-up information
on compensable interest requests, discuss the utility work by highway contractor option with
each utility, and discuss any future design issues that may impact utilities.
This is also. an opportunity for the UAO(s) to present proposed facilities. The ENGINEER shall
keep accurate minutes and distribute a copy to all attendees.
7.6 Individual/Field Meetings
The ENGINEER shall meet, as necessary, with UAO separately throughout the project design
duration to provide guidance in the interpretation of plans, review changes to the plans and
schedules, optional clearing and grubbing work, and assist in the development of the UAO(s)
plans and work schedules. The ENGINEER is responsible for coordinating with the UAO.to
complete and return the necessary documents after each Utility Contact or Meeting. It is
anticipated that a maximum of one field meeting will be required with this effort.
A-27
7.7 Collect and Review Plans and Data from UAO(s)
Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Verify
information (utility type, material and size) is sent to the designer for inclusion in the plans.
Coordinate programming of funds with PUED.
7.8 Subordination of Easements Coordination
The ENGINEER shall research and determine if any easements exist in the corridor.
Subordination of the easement shall be coordinated thru COUNTY staff as part of the Right -of -
Way acquisition process.
7.9 Utility Design Meeting
At a minimum of 3 weeks prior to the meeting, the ENGINEER shall transmit two complete sets
of 60% plans to each UAO having facilities located within the project limits, and one set to the
COUNTY Public Utilities Office. The ENGINEER shall schedule (time and place), notify
participants, and conduct a Utility meeting with all affected UAO(s). The ENGINEER shall be
prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing),
review the current design schedule and letting date, evaluate the utility information collected,
provide follow-up information on compensable interest requests, discuss the utility work by
highway contractor option with each utility, discuss any future design issues that may impact
utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities
with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of
this meeting shall be to identify and resolve conflicts between utilities and proposed
construction prior to completion of the plans, including utility adjustment details. Also
recommend resolution between known utility conflicts with proposed construction plans as
practical. The ENGINEER shall keep accurate minutes of all meetings and distribute a copy to
all attendees.
7.10 Review Utility Markups and Work Schedules and Processing of Schedules and
Agreements
Review utility marked up plans individually as they are received for content and coordinate
review with the designer. Send color markups and schedules to the appropriate COUNTY
office(s) for review and comment if required by the COUNTY.
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7.11 Utility Coordination/Follow up
This includes follow-up, interpreting plans, and assisting with coordinating the completion of the
UAO(s) work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to
coordinate and verify the UAO(s) complete and return the required documents in accordance
with the project schedule. Verify the resolution of all known conflicts. This task can be applied to
all phases of the project.
7.12 Utility Constructability Review
Review utility schedules against construction contract time, and phasing for compatibility.
Coordinate with COUNTY construction office.
7.13 Additional Utility Services (Not applicable for this project)
7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project)
7.15 Contract Plans to UAO(s)
This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s)
are by certified mail, return receipt requested.
7.16 Certification/Close-Out (Not applicable for this project)
8 ENVIRONMENTAL PERMITS
The ENGINEER shall notify the COUNTY Project Manager, Environmental Permit Coordinator
and/or other appropriate personnel in advance of all scheduled meetings with the regulatory
agencies to allow a representative to attend. The ENGINEER shall copy all applicable staff on
all permit related correspondence and meetings. The permitting effort will include impacts to
South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (Corps)
jurisdictional wetlands. An additional effort will be required for coordinating a Biological Opinion
from U.S. Fish and Wildlife Service.
8.1 Wetland Delineation
Jurisdictional wetland boundaries within the project area will be determined in accordance with
the routine methodology described in the U.S. Army Corps of Engineers' (USACE's) "1987
Corps of Engineers Wetlands Delineation Manual" (Environmental Laboratory, 1987) and the
state methodology as authorized by Subsection 373.421, Florida Statutes. The boundaries of
jurisdictional wetlands within the alignment right-of-way and within retention pond sitesAv�y be
flagged in the field by experienced wetland scientists. The flagging of project wetlands will
extend approximately 50 feet outside the alignment right-of-way and boundaries of pond sites.
Field determinations of jurisdictional wetland boundaries will be conducted based on the
dominance of hydrophytic vegetation, the presence of hydric soils, and evidence of hydrology. It
is anticipated a total of 25,000 linear feet of wetlands (maximum) will be flagged. USAGE
wetland data sheets will be completed for each wetland. Data that will be collected on project
wetlands will include type, size, quality, vegetation, hydrology, soils, existing impacts, and
surrounding land use. The data will be used to assess mitigation requirements and prepare the
Environmental Resource Permit (ERP) application. Post field wetland mapping and wetland
evaluations and impact analyses will be conducted following the field investigation.
8.2 Threatened & Endangered (T&E) Species Surveys
Applicable T&E species surveys will be conducted for the project alignment and pond sites. A
Florida Natural Areas Inventory (FNAI) database search will be conducted to determine if any
T&E species sightings have been documented within or in the vicinity of the project area. Other
desktop analyses will include accessing the bald eagle and wood stork colony databases and
evaluating the habitat types with the project area. The project will also be coordinated with the
U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission
(FFWCC). Based on the findings of the desktop analyses and the regulatory agency
coordination, the species for which surveys need to be conducted will be determined. Based on
preliminary analyses, the species-specific surveys are expected to include the red -cockaded
woodpecker (RCW), fox squirrel, gopher tortoise, and wading birds. Specific surveys for T&E
plant species will be conducted if necessary.
The RCW survey will be conducted out to Y mile from the alignment and pond sites in all
accessible areas containing pine trees having diameters at breast height (DBH) of six inches or
greater unless the areas are densely covered with bald cypress and/or melaleuca. Standard
RCW survey methods utilizing transect walks and binocular searches for cavity trees will be
utilized. The gopher tortoise and fox squirrel surveys will be conducted out to 50 feet from the
proposed road right-of-way and boundaries of the pond sites. The wading bird surveys will
involve seeking evidence of wading bird utilization throughout the project area. Post field
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mapping and T&E species evaluations and impact analyses will be conducted following the field
investigation.
8.3 Florida Panther Biological Opinion
USFWS will issue a Biological Opinion for potential effects of the project on the Florida panther.
To streamline the issuance of the Biological. Opinion, CH2M HILL will assist USFWS in
preparing the Biological Opinion. The primary components of this task include agency
coordination, land use mapping and area estimations, and preparation of the Biological Opinion
document. Preparation of the Biological Opinion document will include evaluations of project
impacts on panther habitat, accessing and presenting pertinent GIS data and mapping,
accessing regional federal and non-federal permit data, evaluating potential cumulative impacts,
and determining mitigation requirements for panther habitat impacts. If USFWS seeks to issue a
Biological Opinion for any other species, those required tasks will be considered Additional
Services.
8.4 Meetings
The following meetings will be held to manage the environmental aspects of the project: Pre -
application meeting, meeting with the South Florida Water Management District (SFWMD),
meeting with USACOE, meeting with USFWS, and meeting with FFWCC.
8.5 Regulatory Agency Field Reviews
The ENGINEER will accompany representatives from SFWMD and USACOE during their field
reviews of the project wetland delineations. This task includes field time with the agency
representatives and preparation of the minutes of the field reviews.
8.6 Mitigation Design
The ENGINEER will coordinate the use of an established mitigation bank by the project with
SFWMD and USACE. The ENGINEER will conduct WRAP/UMAM analyses to assess the
quality of the wetlands proposed to be impacted by the project. The results of the WRAP/UMAM
analyses will be used to determine the number of credits that needs to be purchased from the
selected mitigation bank. The mitigation plan will be included as a part of the ERP application. If
a mitigation bank cannot be used by the project to compensate for wetland impacts, a Mitigation
Plan will be required for the project. These tasks will be considered Additional Services.
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8.7 ERP Permitting
This task involves preparation of the environmental components of the ERP application and
preparing responses for Requests of Additional Information (RAls). Information associated with
the wetland delineations, T&E species surveys, project impact analyses, mitigation plan, and
agency coordination will be included within the ERP application.
9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS
The ENGINEER shall analyze and design all structures in accordance with applicable
provisions as defined in Section 2.19, Provisions for Work. Individual tasks identified in Sections
9 through 18 are defined in the Staff Hour Estimation Handbook and within the provision
defined in Section 2.19, Provisions for Work.
The ENGINEER shall provide Design Documentation to the COUNTY with the BDR/30% and
90% submittal consisting of structural design calculations and other supporting documentation
developed during the development of the plans. The design calculations submitted shall
adequately address the complete design of all structural elements. These calculations shall be
neatly and logically presented on 8'/"x11" paper (where possible) and all sheets shall be
numbered.
The final design calculations shall be signed and sealed by a Florida -registered professional
engineer. A cover sheet indexing the contents of the calculations shall be included and the
engineer shall sign and seal that sheet. All computer programs and parameters used in the
design calculations shall include sufficient backup information to facilitate the review task. The
plans shall include the following sheets necessary to convey the intent and scope of the project
for the purposes of construction.
9.1 Index of Drawings
9.2 Project Layout
9.3 General Notes and Bid. Item Notes
9.4 Incorporate Florida Department of Transportation Standards
9.5 Incorporate Report of Core Borings A-32
9.6 Existing Bridge Plans (Not applicable to this project)
9.7 Computation Book and Quantities
9.8 Cost Estimate
9.9 Technical Special Provisions
9.10 Field Reviews
9.11 Technical Meetings. No meetings are included for these efforts at this time.
9.12 Quality Assurance/Quality Control
9.13 Independent Peer Review
The ENGINEER shall provide constructability reviews by in-house staff familiar with
construction procedures and practices. Additional Geotechnical data reviews shall be
performed by in-house staff. Any concerns raised during the reviews shall be noted and/or
incorporated into the plans.
9.14 Supervision
9.15 Coordination
The ENGINEER will coordinate with appropriate parties regarding all elements of the structures
design.
10 STRUCTURES - BRIDGE DEVELOPMENT REPORT
The ENGINEER shall prepare a Bridge Development Report (BDR). The BDR shall be
submitted as part of the 30% Roadway Submittal, General Requirements. The ENGINEER will
evaluate conventional FDOT type bridges, more specifically pile supported cast -in-place Flat
Slab or AASHTO beam bridges for all locations as described in Section 2.5. Any other structure
types (exception: CONSPAN) will be considered .part of additional services and the required
effort will have to be negotiated separately.
General Requirements
10.1 Bridge Geometry
10.2 Ship Impact Data Collection (Not applicable for this project)
10.3 Ship Impact Criteria (Not applicable for this project)
Superstructure Alternatives
10.4 Short Span Concrete
The ENGINEER shall assume Cast -in-place Flat Slab bridges for development of alternatA'Y§tp.
10.5 Medium -Span Concrete
The ENGINEER shall assume AASHTO beam bridges for development of alternatives.
10.6 Long Span Concrete (Not applicable for this project)
10.7 Structural Steel (Not applicable for this project)
Foundation and Substructure Alternatives
10.8 Pier/Bent Type (Bents Only)
10.9 Shallow Foundation (Not applicable for this project)
10.10 Deep Foundations (Prestressed Concrete Piles Only)
Movable Span
10.11 — 10.23 (Not applicable for this project)
Other BDM Issues
10.24 Aesthetics (Assumed conventional design)
10.25 TCP/Staged Construction Requirements (N/A)
10.26 Constructability Requirements
10.27 Abutment Slope/Wall Evaluation (N/A)
10.28 Quantity and Cost Estimates
10.29 Quantity and Cost Estimates - Movable Span (Not applicable for this project)
10.30 Wall Type Justification (N/A)
Report Preparation
10.31 Exhibits
10.32 Exhibits - Movable Span (Not applicable for this project)
10.33 Report Preparation
10.34 Report Preparation - Movable Span (Not applicable for this project)
10.35 BDR Submittal Package (N/A)
10.36 - 10.48 (Not applicable for this project)
11 STRUCTURES - TEMPORARY BRIDGE (Not applicable for this project)
12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE
The CONSULTANT shall prepare plans for Short Span Concrete Bridge(s) at the location(s)
specified in Section 2.5.
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General Layout Design and Plans
12.1 Overall Bridge Final Geometry
12.2 Expansion/Contraction Analysis
12.3 General Plan and Elevation
12.4 Construction Staging (Not applicable for this project)
12.5 Approach Slab Plan and Details
12.6 Miscellaneous Details
End Bent Design and Plans
12.7 End Bent Geometry
12.8 End Bent Structural Design
12.9 End Bent Plan and Elevation
12.10 End Bent Details
Intermediate End Bent Design and Plans
12.11 Bent Geometry
12.12 Bent Stability Analysis
12.13 Bent Structural Design
12.14 Bent Plan and Elevation
12.15 Bent Details
Miscellaneous Substructure Design and Plans
12.16 Foundation Layout
Superstructure Design and Plans
12.17 Finish Grade Elevation Calculation
12.18 Finish Grade Elevations
Cast -in-place Slab Bridges
12.19 Bridge Deck Design
12.20 Superstructure Plan :
12.21 Superstructure Section and Details
Prestressed Slab Unit Bridges
12.22-12.26 (Not applicable for this project) A-35
Reinforcing Bar Lists
12.27 Reinforcing Bar List
Load Rating
12.28 Load Ratings (Not Included as part of the scope)
13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE (Tasks 13.1 —13.53 are not
applicable for this project)
14 STRUCTURES - STRUCTURAL STEEL BRIDGE (Tasks 14.1 — 14. 61 are not applicable
for this project)
15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE (Tasks 15.1 — 15.78 are not
applicable for this project)
16 STRUCTURES - MOVABLE SPAN (Tasks 16.1 — 16.102 are not applicable for this
project) -
17 STRUCTURES - RETAINING WALL (Tasks 17.1- 17.21 are not applicable for this
project)
18 STRUCTURES - MISCELLANEOUS
The ENGINEER shall prepare plans for Miscellaneous Structure(s) as specified in Section 2.5.
Concrete Box Culverts
18.1-18.2 (Not applicable for this project).
Strain Poles
18.3 -18.4 (Not applicable for this project)
Mast Arms
18.5 Mast Arms
Overhead/Cantilever Sign Structure
18.6-18.10 (Not applicable for this project)
18.11 High Mast Light Foundations (Not applicable for this project)
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Sound Barrier Walls (Ground Mount)
The ENGINEER will provide appropriate FDOT designs for the sound walls identified in Section
2.5.
18.12 Horizontal Wall Geometry
18.13 Vertical Wall Geometry
18.14 Semi -Standard Drawings
18.15 Control Drawings
18.16 Design for Wall Height Covered by Standards
18.17 Design for Wall Height not Covered by Standards (Not applicable for this project)
18.18 Aesthetic Details (Not applicable for this project)
Special Structures
18.19 Wildlife Crossing (Not applicable for this project)
18.20 Other Structures — (Not applicable for this project)
19 SIGNING AND PAVEMENT MARKING ANALYSIS
The ENGINEER shall analyze and document Signing and Pavement Markings Tasks in
accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and
current design memorandums.
19.1 Traffic Data Analysis
The ENGINEER shall review the available traffic data, approved typical section package,
available traffic technical memorandum(s) and proposed geometric design alignment to identify
proposed sign placements and roadway markings. The ENGINEER will perform queue analyses
using available traffic data.
19.2 No Passing Zone Study (Not applicable for this project)
19.3 Reference and Master Design File
The ENGINEER shall prepare the Signing & Marking Design file to include all necessary design
elements and all associated reference files. A-37
19.4 Multi -Post Sign Support Calculations
The ENGINEER shall determine the appropriate column size from the FDOT Multi -Post Sign
Program(s).
19.5 Sign Panel Design Analysis
Establish sign layout, letter size and series for non-standard signs.
19.6 Sign Lighting/Electrical Calculations (Not applicable for this project)
19.7 Quantities
Includes all work required to determine the quantities of each plan sheet.
19.8 Computation Book
The ENGINEER shall prepare the Computation Book. This includes all efforts required to
develop the Computation Book and the supporting documentation.
19.9 Cost Estimates
The ENGINEER shall prepare the Engineer's Estimate of Probable Cost and provide with the
30% submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal
to be maintained until final submittal.
19.10 Technical Special Provisions
None are anticipated with the project. If it is determined that a Technical Special Provision is
required, the ENGINEER shall provide Technical Special Provisions for all items of work not
covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring
special provisions. Standard Specifications, recurring special provisions and supplemental
specifications should not be modified unless absolutely necessary to control project specific
requirements. The first nine sections of the standard specifications, recurring special provisions
and supplemental specifications shall not be modified without written approval of the COUNTY.
The Technical Special Provisions shall provide a description of work, materials, equipment and
specific requirements, method of measurement and basis of payment. These provisions shall
be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way
that would create a problem for high volume reproduction.
A-38
19.11 Field Reviews
Includes all trips required to obtain necessary data for all elements of the signing and pavement
marking analysis.
19.12 Technical Meetings
Includes meetings with the COUNTY and/or Agency staff, between disciplines and
subconsultants, such as access management meetings, pavement design meetings, progress
review meetings (phase review), and miscellaneous meetings necessary for all elements of the
signing and pavement marking analysis. Two meetings are anticipated for these efforts.
19.13 Quality Assurance/Quality Control
The ENGINEER shall be responsible for the professional quality, technical accuracy and
coordination of all surveys, designs, drawings, specifications and other services furnished by
the ENGINEER under this contract.
19.14 Independent Peer Review (Not applicable to this project)
19.15 Supervision
Includes all efforts required to supervise all technical design activities.
19.16 Coordination
Includes all efforts to coordinate elements of the Signing and Pavement Marking analysis of the
project to produce a final set of construction documents.
20 SIGNING AND PAVEMENT MARKING PLANS
The ENGINEER shall prepare a set of Signing and Pavement Marking Plans in accordance with
the Plans Preparation Manual that includes the following.
20.1 Key Sheet
20.2 Summary of Pay Items
20.3 Tabulation of Quantities
20.4 General Notes/Pay Item Notes
20.5 Project Layout (Not applicable for this project)
20.6 Plan Sheet
20.7 Typical Details
20.8 Guide Sign Work Sheet(s)
20.9 Traffic Monitoring Site (Not applicable for this project)
20.10 Cross Sections (Not applicable for this project)
20.11 Special Service Point Details (Not applicable for this project)
20.12 Special Details (Not applicable for this project)
20.13 Interim Standards (Not applicable for this project) A-39
20.14 Quality Assurance/Quality Control
20.15 Supervision
21 SIGNALIZATION ANALYSIS
The ENGINEER shall analyze and document Signalization Analysis Tasks in accordance with
all applicable manuals, guidelines, standards, handbooks, procedures, and current design
memorandum(s).
21.1 Traffic Data Collection
The ENGINEER shall collect all available traffic data, including crash reports, 24 hr. machine
counts, 8 hr. turning movement counts, 7 day machine counts, and speed & delay studies from
the COUNTY for assistance in developing the signal plans.
21.2 Traffic Data Analysis
The ENGINEER shall determine signal operation plan and intersection geometry.
21.3 Signal Warrant Study
The Engineer shall perform two (2) Signal Warrant Studies for the Intersections of VBR and 13tH
and VBR and 15th for a potential future signal.
21.4 Systems Timings (Not applicable for this project)
The COUNTY shall provide all Signal Timings.
21.5 Reference and Master Signalization Design File
The ENGINEER shall prepare the Signalization Design file to include all necessary design
elements and all associated reference files.
21.6 Reference and Master Interconnect Communication Design File
There are no Signal Interconnect Plans anticipated for this project.
21.7 Overhead Street Name Sign Design
The ENGINEER shall design Signal Mounted Overhead Street Name signs.
21.8 Pole Elevation Analysis
21.9 Traffic Signal Operation Report
21.10 Quantities
Includes all work required to determine the quantities of each plan sheet.
A-40
21.11 Cost Estimate
The ENGINEER shall prepare the Engineer's Estimate of Probable Cost and provide with the
30% submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each
subsequent submittal be maintained until final submittal
21.12 Technical Special Provisions
None are anticipated with the project. If it is determined that a Technical Special Provision is
required, the ENGINEER shall provide Technical Special Provisions for all items of work not
covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring
special provisions. Standard Specifications, recurring special provisions and supplemental
specifications should not be modified unless absolutely necessary to control project specific
requirements. The first nine sections of the standard specifications, recurring special provisions
and supplemental specifications shall not be modified without written approval of the COUNTY.
The Technical Special Provisions shall provide a description of work, materials, equipment and
specific requirements, method of measurement and basis of payment. These provisions shall
be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way
that would create a problem for high volume reproduction.
21.13 Field Reviews
The ENGINEER shall collect information from the maintaining agencies and conduct a field
review. The review should include, but is not limited to, the following:
Existing Signal and Pedestrian Phasing
Controller Make, Model, Capabilities and Condition/Age
Condition of Signal Structure(s)
Type of Detection as Compared With Current District Standards
Interconnect Media
Controller Timing Data
The effort for this field review shall be combined with the Signing and Marking field review to
maximize efficiency and minimize staff time in the field.
A-41
21.14 Technical Meetings
The ENGINEER will attend meetings with the County and/or Agency staff, between disciplines
and subconsultants, and miscellaneous meetings necessary for elements of the signalization
analysis. Two meeting are included to address these efforts
21.15 Quality Assurance/Quality Control
The ENGINEER shall be responsible for the professional quality, technical accuracy and
coordination of all surveys, designs, drawings, specifications and other services furnished by
the ENGINEER under this contract.
21.16 Independent Peer Review (Not applicable to this project)
2.17 Supervision
Includes all efforts required to supervise all technical design activities.
21.18 Coordination
Includes all efforts to coordinate elements of the signalization analysis of the project to produce
a final set of construction documents.
22 SIGNALIZATION PLANS
The ENGINEER shall prepare a set of Signalization Plans in accordance with the Plans
Preparation Manual, which includes the following.
22.1 Key Sheet
22.2 Summary of Pay Items
22.3 Tabulation of Quantities
22.4 General Notes/Pay Item Notes
22.5 Plan Sheet
22.6 Interconnect Plans
There are no Signal Interconnect Plans anticipated for this project. The addition of a Signal
Interconnect System will be considered an Additional Service.
22.7 Traffic Monitoring Site (Not applicable for this project)
22.8 Guide Sign Worksheet (Not applicable for this project)
22.9 Special Details
22.10 Special Service Point Details
22.11 Mast Arm/Monotube Tabulation Sheet
22.12 Strain Pole Schedule (Not applicable for this project) A-42
22.13 TCP Signal (Temporary) (Not applicable for this project)
22.14 Temporary Detection Sheet (Not applicable for this project)
22.15 Utility Conflict Sheet
22.16 Interim Standards
22.17 Quality Assurance/Quality Control
22.18 Supervision
23 LIGHTING ANALYSIS
The ENGINEER shall analyze and document Lighting Tasks in accordance with all applicable
manuals, guidelines, standards, handbooks, procedures, and current design memorandums.
The extent of lighting for the project is outlined in Section 2.8.
23.1 Lighting Justification Report (Not applicable for this project)
23.2 Lighting Design Analysis Report
The ENGINEER will prepare 1 report that encompasses both project sections.
23.3 Aeronautical Evaluation (Not applicable for this project)
23.4 Voltage Drop. Calculations
The ENGINEER shall submit voltage drop calculations showing the equation or equations used
along with the number of luminaries per circuit, the length of each circuit, the size conductor or
conductors used and their ohm resistance values. The voltage drop incurred on each circuit
(total volts and percentage of drop) shall be calculated, and all work necessary to calculate the
voltage drop values for each circuit should be presented in an appropriate manner. Load
analysis calculations shall be submitted for each branch circuit breaker and main breaker.
23.5 FDEP Coordination and Report (Not applicable for this project)
23.6 Reference and Master Design Files
The ENGINEER shall prepare the Lighting Design file to include all necessary design elements
and all associated reference files.
A-43
23.7 Temporary Lighting (Not applicable for this project)
23.8 Design Documentation
The ENGINEER shall submit a Roadway Lighting Design Documentation Book with each
lighting plans submittal under a separate cover and not part of the roadway documentation .
book. At a minimum, the design documentation book shall include:
Lighting Calculations.
Back up sheet for each bid item quantity total on each lighting plan sheet (Phase III and
Phase IV submittals).
Structural calculations for special conventional pole concrete foundations.
Structural calculations for the high mast pole foundations. (Not Applicable)
Letter to the power company requesting service.
Power company confirmation letter on the requested services (Phase III and Phase IV
submittals).
Voltage drop calculations (Phase III and Phase IV submittals).
Load analysis calculations (Phase III and Phase IV submittals).
23.9 Quantities
23.10 Cost Estimate
23.11 Technical Special Provisions
23.12 Field Reviews
The ENGINEER shall collect information from the maintaining agencies and conduct a field
review. The review should include but is not limited to the following:
Existing Lighting Equipment
Load Center, Capabilities and Condition/Age
Condition of Lighting Structure(s)
23.13 Technical Meetings
The ENGINEER will coordinate lighting designs with the COUNTY. Two meetings are
anticipated for these efforts.
A-44
23.14 Quality Assurance/Quality Control
23.15 Independent Peer Review
23.16 Supervision
23.17 Coordination
24 LIGHTING PLANS
The ENGINEER shall prepare a set of Lighting Plans for the areas define in Section 2.8 in accordance
with the Plans Preparation Manual, which includes the following:
24.1 Key Sheet
24.2 Summary of Pay Item Sheet
24.3 Tabulation of Quantities
24.4 General Notes/Pay Item Notes
24.5 Pole Data and Legend & Criteria
24.6 Service Point Details
24.7 Project Layout
24.8 Plan Sheet
24.9 Special Details
24.10 Temporary Lighting Data and Details (Not applicable for this project)
24.11 Traffic Control Plan Sheets (Not applicable for this project)
24.12 Interim Standards
24.13 Quality Assurance/Quality Control
24.14 Supervision
25 LANDSCAPE ARCHITECTURE ANALYSIS (Not Applicable for this project)
26 LANDSCAPE ARCHITECTURE PLANS (Not Applicable for this project)
27 SURVEY
Tasks 27.1 -27.35 not applicable to this project. Please see RWA, Inc. and Wilson Miller Scope
of Services
28 PHOTOGRAMMETRY
Please see RWA, Inc. Scope of Services
A-45
29 MAPPING
Please see RWA, Inc. Scope of Services
30 GEOTECHNICAL
Please see Ardaman & Associates Scope of Services
31 ARCHITECTURE DEVELOPMENT and tasks 31.1 — 31.155 are not applicable for this
project.
32 PROJECT REQUIREMENTS
32.1 Liaison Office
The COUNTY and the ENGINEER will designate a Project Manager who shall be the
representative of their respective organizations for the Project. The final direction on all matters
of this project remain with the COUNTY Project Manager.
32.2 Key Personnel
The ENGINEER's work shall be performed and directed by the key personnel identified at the
beginning of the project. Any changes in the indicated personnel shall be subject to review and
approval by COUNTY.
32.3 Progress Reporting
The ENGINEER shall meet with the COUNTY as required and shall provide a written progress
and schedule status reports that describe the work performed. Progress and schedule status
reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project
Manager will make judgment on whether work of sufficient quality and quantity has been
accomplished by comparing the reported percent complete against actual work accomplished.
32.4 Correspondence
Copies of all written correspondence between the ENGINEER and any party pertaining
specifically to this contract shall be provided to the COUNTY for their records within one (1)
week of the receipt or mailing of said correspondence.
32.5 Professional Endorsement
The ENGINEER shall have a Registered Professional Engineer in the State of Florida sign and
seal all reports, documents, and plans as required.
A-46
32.6 Computer Automation
The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems.
32.7 Coordination with Other Consultants
The ENGINEER is to coordinate his work with any and all adjacent and integral consultants so
as to effect complete and homogenous plans and specifications for the project(s) described
herein.
32.8 Optional Services
At the COUNTY's option, the ENGINEER may be requested to provide services including but
not limited to those shown in Section 2.2.1 of this Scope of Services. The fee for these services
shall be negotiated in accordance with the terms detailed in Exhibit B, Method of
Compensation, for a fair, competitive and reasonable cost, considering the scope and
complexity of the project(s). A supplemental agreement adding the additional services shall be
executed in accordance with paragraph 2.00 of the Standard Consultant Agreement. The
additional services may include Bridge Load Rating(s), or other Post Design Services including
complete Construction Engineering and Inspection Services as required.
33 ADDITIONAL TERMS
OPINIONS OF COST
In providing opinions of cost, financial analyses, economic feasibility projections, and schedules
for the PROJECT, ENGINEER has no control over cost or price of labor and materials;
unknown or latent conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions; time or quality of
performance by operating personnel or third parties; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule. Therefore,
ENGINEER makes no warranty that COUNTY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from ENGINEER's opinions, analyses,
projections, or estimates.
PERSONNEL DURING CONSTRUCTION A47
The presence or duties of ENGINEER's personnel at a construction site, whether as onsite
representatives or otherwise, do not make ENGINEER or ENGINEER's personnel in any way
responsible for those duties that belong to COUNTY and/or the construction contractors or
other entities, and do not relieve the construction contractors or any other entity of their
obligations, duties, and responsibilities, including, but not limited to, all construction methods,
means, techniques, sequences, and procedures necessary for coordinating and completing all
portions of the construction work in accordance with the construction Contract Documents and
any health or safety precautions required by such construction work.
ENGINEER and ENGINEER's personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work or any
health or safety precautions and have no duty for inspecting, noting, observing, correcting, or
reporting on health or safety deficiencies of the construction contractor(s) or other entity or any
other persons at the site except ENGINEER's own personnel.
The presence of ENGINEER's personnel at a construction site is for the purpose of providing to
COUNTY a greater degree of confidence that the completed construction work will conform
generally to the construction documents and that the integrity of the design concept as reflected
in the construction documents has been implemented and preserved by the construction
contractor(s). ENGINEER neither guarantees the performance of the construction contractor(s)
nor assumes responsibility for construction contractor's failure to perform work in accordance
with the construction documents.
SUBSURFACE INVESTIGATIONS
In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics
may vary significantly between successive test points and sample intervals and at locations
other than where observations, exploration, and investigations have been made. Because of the
inherent uncertainties in subsurface evaluations, changed or unanticipated underground
conditions may occur that could affect total PROJECT cost and/or execution. These conditions
and cost/execution effects are not the responsibility of ENGINEER.
A-48
34 INVOICING
PERIOD OF SERVICE
The period of services of this Scope of Services is to be twenty four (24) months beginning on
the effective date of the written authorization (NTP) established herein.
PAYMENT FOR SERVICES TO THE ENGINEER
Payment for the work accomplished will be in accordance with Method of Compensation of this
contract (See Attachment B).
A-49
Attachment "A"
RWA - Minimum Survey Requirements
Vanderbilt Beach Road Project
SurveyinLy Limits
Project Profile:
Provide a detail topographic and control survey of the Vanderbilt Beach Road Extension
Project 200 feet north and south of the proposed centerline of right-of-way as depicted on
the CH2M Hill Exhibit 1. All work shall be certified by a professionally registered
surveyor in the State of Florida.
The main corridor for the new 200 foot wide road alignment runs from 150' west of
Weber Blvd. and extends east to Desoto Blvd. as shown in red on (Exhibit 1). Mapping
bandwidth for this main route will be 400'. A summary of all routes to be mapped are
described as follows:
• Main Corridor- As described above. Total length is 56,000 L.F. Mapping bandwidth
will be 400' centered on the baseline as provided by RWA and Wilson Miller.
• RWA will provide the supplemental topographic data and control survey for phase
one of the project that begins 150' west of Weber Blvd. and ends 750' east of Wilson
Blvd. Wilson Miller will be responsible for the supplemental topographic data and
control survey for phase two of the project that begins 750' east of Wilson Blvd. and
ends at the east right-of-way of Desoto Blvd.
For Wilson, Everglades and Desoto Boulevards, mapping will extend 700'north
and south of the Main Corridor. Mapping bandwidth on these streets will be
200' centered on each road.
Secondary Side Streets- Mapping will extend 700' south of the Main Corridor for the
following Streets: Weber, 31st, 29th, 27th, 25th, 23rd, 21st, 19th, 17th, 15th, and 13th.
For Massey St. mapping will extend 750' north. For the two easements east and west
of N. Regional Water Treatment Plant, the mapping will extend 600' north. On 8th
and 16th Streets, mapping will extend 700' north and south of the Main Corridor.
Bandwidth on all of these will be 150' centered on the right of way.
Specifications of Work
All land survey activities shall be performed under the direct supervision of a
Professional Surveyor & Mapper licensed and in good standing with the State of Florida
and shall adhere to State of Florida Minimum Technical Standards in 61 G17-6, FAC.
All work shall be conducted using equipment, personnel, and procedures that will insure
compliance with the accuracy standards as defined below. It is the responsibility of the
supervising Surveyor & Mapper to ensure that all work under this agreement complies
with all state and local regulations. All documents submitted shall bear the surveyor's
seal, signature, and a certificate that all work was done under the surveyor's supervision
and that all information contained in the document is true and is accurately shown.
Horizontal Control work can be done using either standard surveying techniques or Global
Positioning System (GPS) techniques meeting the specification requirements outlined in this
scope.
At a minimum, horizontal and vertical survey work shall comply with Third Order — Class H,
as outlined in the FGDC Geospatial Positioning Accuracy Standards, Part 4: Standards
for Architecture, Engineering, Construction (A/E/C) and Facility Management.
Horizontal control shall be based on the North American Datum of 1983 (NAD 83) latest
adjustment. Vertical control shall be based on the North American Vertical Datum 1988
(NAVD 88). The units of measurement for this project shall be provided in US Survey Feet.
1.0 Control Survey
1.1 Reproduce all recorded right-of-way and baseline information. Right-of-way
shall include all intersecting roads within the project limits. All right-of-way
information shall be labeled, including, date, bearings and distances. In
addition the following information shall be noted:
a. Horizontal datum — tied into the Florida State Plan Coordinate System,
NAD 1983/1999 Adjustment. RWA will provide project control network
sheets for the survey baseline control points instead of setting reference
points.
b. Physical ties to each benchmark — permanent benchmarks shall be
established at 500 -foot intervals along the roadway.
c. Vertical datum (benchmarks) —1988 (NAVD 88)
d. Locate visible boundary monuments.
e. Existing layout shall be tied to the existing right-of-way.
f. Locate existing visible property markers (e.g. — iron pipe, stone bound)
g. Tie buildings located within the proposed limits of the project to the
existing right-of-way.
1.2 Property ownership shall be determined from Collier County records and
incorporated into the plan drawings and files. Property lines do not need to
be surveyed, but shall be verified utilizing any visible property markers,
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wherever possible. The County's right-of-way section will provide the
surveyor the identifying property owner information upon request.
2.0 Topographic Survey
2.1 Detail information - Survey shall include all physical features which
accurately depict the existing condition of the project area. The information
shall include, but is not limited to, the following
a. Roadway Pavement
b. Driveways, and Parking Areas — note the limits within survey coverage
and type of pavement or surface.
c. Curbing, edging, medians, and barriers — note limits and type.
d. Sidewalks, walkways, and handicap ramps — note limits and type.
e. Wall information (type, height and thickness), step/stair information
(type, top step elevation, bottom elevation and number of rises.)
f. Top of slope and toe of slope.
g. Guard rail — note limits and type.
h. The surveyor will show all above -ground utility structures and will
coordinate with Sunshine One Call and local utility providers to flag the
existing under ground utilities located within the limits of the project.
Note that the utility providers are not obligated to flag their existing
facilities for design purposes. The surveyor or project engineer can
request a design locate for the project area. The utility providers have
thirty days to respond to this request. They can either agree to locate the
facilities for free, charge a fee for their services or not locate at all. Any
fees related to the flagging of the existing under ground utilities are the
responsibility of the client.
• Sanitary sewer
➢ Manholes - rims, inverts, and condition (collapsed, plugged,
etc..)
➢ Pipes - size, type, and direction of flow
➢ Force mains and pump stations
• Drain System
➢ Catch Basins - grate elevation, inverts and condition
(collapsed, plugged, etc...).
➢ Manholes - rims, inverts and condition (collapsed, plugged,
etc...)
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➢ Pipes - size, type and direction of flow.
➢ Existing drainage outlets with invert and headwall information
located within 50 feet of the project limits in any direction.
➢ Utility lines — size, type, for water, reclaimed water, gas,
telephone, sewer, electric and CATV.
➢ Hydrants and water valves.
➢ Hand holes and pull boxes.
➢ Gas Valves.
➢ Telephone and electric manholes.
➢ Utility and light poles and guy wires, including overhead wires.
➢ Any other public or private utility structure or casting located
within the defined limits of survey.
Collect spot elevations at 300' intervals consistent with the baseline
stations and at critical locations including top and bottom of curb,
centerline grades, back of sidewalks and at changes in slope. Elevations
to be given up the center of the existing driveways. Collect cross
sections at the center of the proposed six (6) bridges, then on 50 foot
intervals for the next 100 feet, then on 100 foot intervals for the next 200
feet for a total of 8 cross sections at each bridge.
j. Existing contours will be show at one -foot intervals.
k. Pavement markings, including lane use and shoulder width, crosswalks
and stop bars.
1. Traffic/road signs — note direction in which sign face, material type
(wood or aluminum) legend and wording, including those mounted on
utility poles, signal posts, and bridges.
in. Traffic signal equipment. Include if applicable:
• Control cabinets
• Mast arms
• Span wires
• Signal posts
• Pedestrian signals, push buttons, cross walks, pull boxes.
n. Existing Buildings
• Collect the finish floor elevations and garage openings for the
existing buildings and structures located within 50 feet of the
proposed right-of-way lines.
3.0 Jurisdictional Flagging
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3.1 Locate an estimated 15,000 L.F. of SFWMD/ACOE jurisdictional wetland
line ribbon as flagged by the environmental consultant within the proposed
construction limits for phase one.
3.2 Field locate 20 hydrological seasonal water indicators with in phase one of
the project limits as established by the environmental consultant.
3.3 Produce an electronic file for the client to use as needed for site planning and
the environmental agencies jurisdictional wetland line documentation
process.
3.4 Provide a signed and sealed survey delineating the boundaries of the
wetlands that will be witnessed to the proposed right-of-way limits as
required by the Florida Administration Code 62-343.040.
4.0 Geotechnical Borings
4.1 Locate an estimated 50 test boring with elevation as marked by the
geotechnical sub -consultant with in phase one.
4.2 Stake out 200' stations along the survey baseline for borings with a four foot
lathe.
5.0 2.5 -Acre Pond Sites (9)
5.1 Prepare a boundary and topographic survey for nine (9) two and half (2.5)
acre parcels to be determined by the engineering design team. Spot
elevations will be collected on a 200' +/- grid and extend 100' beyond the
parcel external boundary lines.
6.0 Sketch and Description
6.1 Prepare a sketch and legal description for the real property (acquisition),
permanent and temporary easements. All sketch and descriptions will be
prepared accordance to the Collier County Transportation Division in
Structural Memorandum dated June 8, 2005.
6.2 It is anticipated that there will be 550 sketch and descriptions required for
phase one and two.
7.0 Right of way Map
7.1 Prepare right-of-way maps (2) of the real property rights that are to be
acquired for the development of the project. The right-of-way maps (2) will
be prepared in accordance with the standards set by the Collier County
transportation division dated February 13, 2006.
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7.2 The final control survey shall include a detailed and accurate compilation of
control points established by a closed traverse loop through the primary
control points or with a Global Positioning System -based network, to assure
an error -free or closed control network. Relative error or loop closure will
conform to requirements of subsection 61G17-6.003(1) (e), FAC. All control
points will be referenced to the Florida State Plan Coordinate System, NAD
1983/1999 Adjustment.
8.0 Photogrammetric Mapping
8.1. Refer to Southern Resource Mapping Scope of Services.
9.0 Deliverables
9.1 The final products (topographic and control surveys) shall be delivered in
AutoCAD (Version 2006).DWG Format, with attached surveyors reports.
The survey control points will be provided in an ASCII file format and shall
have a point number, elevation, and description.
9.2 The control survey and right-of-way plan shall be set up at a scale of 1:200.
All relevant text and symbol sizes for existing information shall conform to
this scale. The topographic survey shall be set up at a scale of 1:40. All
relevant text and symbol sizes for existing information shall conform to the
requirements of the design engineer.
9.3 The final surveys shall include a detailed and accurate compilation of control
points established by a closed traverse loop through the primary control
points or with a Global Positioning System -based network, to assure an
error -free or closed control network. Relative error or loop closure will
conform to requirements of subsection 61G17-6.003(1) (e), FAC. All control
points will be referenced to the Florida State Plan Coordinate System, NAD
1983/1999 Adjustment.
9.4 Up to 10 copies of the final control survey will be provided in hard copy
print, signed and sealed by a Florida registered Surveyor and Mapper. The
digital base plan shall be burned onto a compact disc (CD) and delivered to
Collier County. The CD shall contain the drawing (with individual,
unlocked layers) and all project files with appropriate directories.
PROJECT ASSUMPTIONS:
1.) The County's right -of way section will provide the surveyor the identifying
property owner information upon request.
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Southern Resource Mapping, Inc.
February 15, 2007
Mr. Roger Carter, P.L.S.
RWA, Inc.
3050 North Horseshoe Drive
Suite 270
Naples, FL 34104
Subject: Photogrammetric Mapping of Vanderbilt Beach Road Extension
Collier Boulevard to Desoto Blvd., Golden Gate, FL
SRM Estimate Number: 06-0082R5
Dear Roger,
Southern Resource Mapping (SRM) is pleased to submit this revised proposal to RWA
to provide new aerial photography and digital imaging for the above referenced
project.
The main corridor for the new road alignment runs from 150' west of Weber Blvd. and
extends east to Desoto Blvd. as shown in green on the attached .pdf files Van -1 thru
Van -3. Mapping bandwidth for this main route will be 400'. SRM requests RWA
provide the baseline alignment prior to the start of the stereo compilation. A summary
of all routes to be mapped are described as follows:
• Main Corridor- As described above. Total length is 56.000 L.F. Mapping
bandwidth will be 400' centered on the baseline as provided by RWA.
• Main Side Streets
For Wilson, Everglades and Desoto Blvd's, mapping will extend 700' north and
south of the Main Corridor. Mapping bandwidth on these streets will be
200' centered on each road.
Secondary Side Streets
Mapping will extend 700' south of the Main Corridor for the following
Streets:Weber, 31st, 29th, 27th, 25th, 23rd, 21st, 19th, 17th, 15th, and 13th.
For Massey St. mapping will extend 750' north. For the two easements east
and west of N. Regional Water Treatment Plant, the mapping will extend 600'
north. On 8th and 16th Streets, mapping will extend 700' north and south of
the Main Corridor. Bandwidth on all of these will be 150' centered on the right
of way.
701 N. Oceanshore Blvd., Flagler Beach, FL 32136 voice 386.439.4848 fax 386.439.1553 web www.mapres.com
Page 2 of 5
SRM Est. 06-0082R5
February 15, 2007
SCOPE OF WORK
Aerial Photoaraph
For the topographic mapping, SRM will obtain new black and white vertical
photography the project corridors described with a precision calibrated gyro -stabilized,
Zeiss RMK Top. 15 aerial camera equipped with a 9" x 9" format, a 6" focal length lens
cone and forward motion compensation. This camera was calibrated by USGS in
October 2006 and has an AWAR of 101. This photography will be flown at 1000'
above mean terrain, resulting in a contact negative scale of 1 "=167'. For the portion of
the Main Corridor that is east of the Curry Canal, the negative scale will be 1 "=185'.
Additional photography will be taken at 1"=400' for us in the production of digital
orthophotos.
All mapping photography will be flown with a 60% forward overlap and will not contain
excessive tip, tilt, crab or cloud cover.
One 9" x 9" contact prints of all photography will be made for SRM's internal use.
Control Surveys
The horizontal and vertical ground control locations required for the mapping are
depicted with red dots on the attached enclosures. These stations should be targeted
prior to acquisition of the aerial photography. Targets should contrast to the ground
and be in the shape of a "+" with each leg 18" in length and 8-10" in width. A total of
78 control points are required.
SRM requests the control survey data be accompanied by a signed and sealed report
certified to Florida Minimum Technical Standards under Chapter 61G17-6. The
control information and datum supplied will be the basis for controlling the
photography for the digital mapping. It is our understanding that RWA and Wilson
Miller will be responsible for supplying the control survey information to SRM at no
charge.
Analytical Triangulation
SRM will densify and supplement the ground control surveys by performing analytical
triangulation of the new black and white photography using our Wild BC -2 instrument,
Wild PUG 4 point transfer device and JFK software. A soft copy triangulation will be
performed on scans of the 1 "=400' photography for orthophoto production.
Page 3 of 5
SRM Est. 06-0082R5
February 15, 2007
Digital Mapping
Using our first order analytical stereo plotting stations, SRM will provide topographic
digital mapping of the project area. Mapping will be produced in two Phases as
follows:
• Phase I -To expedite the collection of terrain data necessary for preliminary
design, RWA and Wilson Miller will use GPS to survey the control locations.
After the triangulation has been completed, SRM will collect a 200' grid of
spots elevations centered on the Baseline of the Main Corridor baseline
alignment along with other significant breaks in grade that will better define
high and low areas within the 400' wide corridor. The Main Side Streets (as
described on page 1) will also be included in this phase.
• Phase II -RWA and Wilson Miller will tighten the vertical component of the
control surveys by running levels to each control point. This "tightening" is
necessary to assure SRM's mapping will meet accuracy requirements. Most
or all of the data collected in Phase I will be remapped. Map scale will be
1"=40'. Visible planimetric features collected will include but not be limited to
the following:
Roof outlines of buildings and other major structures, edge of pavement for all paved
surfaces including curbs, parking lots, drives and shoulders, dirt roads and drives,
trails, sidewalks, concrete pads, tanks, railroads, fences and walls, athletic fields,
signs, utility poles, manholes, CATV and telephone boxes, storm drainage structures,
valves, flagpoles, meters, fire hydrants, and visible indications of other utility systems,
shorelines, ditches, trees, bushes, hedges, bridges and other features including visible
pavement markings including lane use and shoulder width, crosswalks, stop bars and
gore areas.
Spot elevations and breaklines collected by SRM will be "married" with supplemental
field survey terrain data consisting of canal cross sections and supplemental
elevations in dense treed areas as supplied by RWA and Wilson Miller. Once this
data has been merged together, Contours at a 1' interval will be generated from the
digital terrain model. Because of the low flight height, vertical accuracy on well-
defined features collected by SRM is expected to be +/- 0.1'.
The stationing on the baseline supplied by RWA will be used for cutting cross-sections
at 100' intervals for the 400' mapping bandwidth along the Main Corridor only.
Elevations on the cross-sections will be shown at all breaks in grade including top and
bottom of curb, centerline grades, edges of pavement and other changes in slope.
Page 4 of 5
SRM Est. 06-0082R5
February 15, 2007
Elevations will also be collected on all visible catch basins, inlets and manholes as
well as the center of all visible driveways. A preliminary file containing polygons
outlining obscured areas and the terrain data will be delivered as soon as the stereo
compilation phase is completed. RWA and Wilson Miller will then supply
supplemental field survey data of the obscured areas and canal cross sections that
SRM will incorporate into the final mapping.
A CAD Edit will be performed to verify and confirm the database contents and layering
structure. Selected spot elevations will be stored in a separate layer and published to
accurately depict changes in relief on tops, bottoms, saddles, flat areas and
depressions. Index contours will be labeled. To assure completeness a final quality
control review will be performed by our Florida Registered Surveyor and Mapper.
In the area to be contoured, if the ground is obscured by dense vegetation or shadow
the contours will be dashed to indicate they do not meet the accuracy standards for
the mapping contour interval.
Translation and delivery of the database will be on CD ROM in MicroStation V8. All
layering and symbology will conform to FDOT Specifications. All vertical data will be 3
dimensional.
Black and White Digital Orthophotos
SRM will produce a black and white digital orthophoto mosiac of the project area using
the terrain data, control and triangulation points. This rectified image mosaic will be at
a scale of 1 "=40' with a .2' pixel resolution. Delivery will be on DVD Rom in .tif format
with associated .tfw file for geo-referencing on CD Rom.
Prior to producing the final ortho described above, SRM will deliver preliminary raster
imagery of the corridor, which has been rectified to the control and analytical
triangulation points. This imagery will have a .5' pixel resolution.
Accuracy
The mapping will meet or exceed the requirements of the State of Florida Minimum
Technical Standards set forth in Chapter 61G17-6. A final signed and sealed map
report by our Florida Registered Professional Surveyor and Mapper will be sent after
the mapping has been completed. We will require a signed and sealed control survey
report to reference in our report.
The mapping will also meet or exceed ASPRS Class l Map Accuracy Standards
Deliverables
• One set of 9" x 9" contract prints
• Preliminary Terrain Data (Phase 1) Mapping and Preliminary Orthophoto
Page 5 of 5
SRM Est. 06-0082R5
February 15, 2007
• Digital Mapping (Phase II) at 1"=40' with 1' contours in MicroStation V8 on CD
• Black and White Digital Orthophoto at 1"=40'
• Signed and Sealed Survey and Map Report by a Florida licensed Professional
Surveyor & Mapper employed by Southern Resources Mapping, Inc.
Delivery Schedule
Preliminary data will be delivered within 30-40 days after receipt of acceptable control
surveys and the completion of aerial photography. The completed digital mapping will
be delivered within 120 days as long as the supplemental field surveys to be
incorporated into the final mapping have been provided to SRM within 45 days.
Authorization
SRM looks forward to working with the RWA on this project. If this proposal letter is
acceptable, please have an authorized representative sign the acceptance block
below. If it is not, please inform SRM of your desired revisions so that a revised
proposal may be presented to you.
Sincerely,
Southern Resource Mapping
Joseph Ricke, PSM
President
FIRM
SIGNATURE
NAME AND TITLE
Date
Wilson Miller
Vanderbilt Beach Road Extension — Wilson Boulevard to Desoto Boulevard
Surveying Scope
Our understanding of the WilsonMiller portion of the scope of this project is that it is
approximately 6.0 miles long from Wilson Boulevard to Desoto Boulevard with the
alignment following rear lot lines at the mid block between 10P Avenue Northeast and
12th Avenue Northeast. It is also understood that the proposed right of way will be 200
feet wide centered on said rear lots. Additionally Everglades Boulevard, Desoto
Boulevard, 8t'and 16th Street Northwest will be included in this scope for a distance of
700 feet North and South from the centerline of the proposed Vanderbilt Beach Road
Extension Right of Way.
Specifications of Work
All land survey activities shall be performed under the direct supervision of a
Professional Surveyor & Mapper licensed and in good standing with the State of Florida
and shall adhere to State of Florida Minimum Technical Standards in 61 G17-6, FAC.
All work shall be conducted using equipment, personnel, and procedures that will insure
compliance with the accuracy standards as defined below. It is the responsibility of the
supervising Surveyor & Mapper to ensure that all work under this agreement complies
with all state and local regulations. All documents submitted shall bear the surveyor's
seal, signature, and a certificate that all work was done under the surveyor's supervision
and that all information contained in the document is true and is accurately shown.
Horizontal Control work can be done using either standard surveying techniques or
Global Positioning System (GPS) techniques meeting the specification requirements
outlined in this scope.
At a minimum, all horizontal and vertical survey work shall comply with Second Order —
Class II standard of accuracy for geodetic control as established by the FGDC
Geospatial Positioning Accuracy Standards, Part 4: Standards for Architecture,
Engineering, Construction (A/E/C), and Facility Management.
Horizontal control shall be based on the North American Datum of 1983 (NAD 83) latest
adjustment. Vertical control shall be based on the North American Vertical Datum 1988
(NAVD 88). The units of measurement for this project shall be provided in US Survey
Feet.
10/4/2008-178241 Ver.01!-OHYATT
cnraa
00004-OON-SRV- - 0
WilsonMiller's scope of services will be limited to the following:
1. Establish Existing and Proposed Centerline Alignment
WilsonMiller will establish the proposed right of way alignment throughout the limits of'
the project. Existing right-of-way alignment of Desoto and Everglades Boulevard as well
as 8th and 16th Street Northeast will also be established based on existing plats and field
investigation. A centerline alignment of the proposed roadway will be established and
provided based on this task. The alignment will be staked every 1000' with a pin and cap
or nail and disk in paved surfaces, a wooden lath or paint mark on paved surfaces will be
set every 200' with an identifying station number.
2. Control Survey
WilsonMiller will prepare a Control Survey of the roadway corridor depicting the
alignment, baseline references and benchmarks based upon found location of
monumentation.
3. Roadway Topography
WilsonMiller will perform a boundary survey of the project limits limited to the
following:
Main Corridor — Topographic data will be obtained from Wilson Boulevard to Desoto
Boulevard within the proposed 200 foot right of way as well as within 100 foot of the
proposed right of way on 300 foot cross sections. All above ground visible improvements
as well as any break lines in ground contours within the proposed right -of. way will be
located as well as within 75 feet of the proposed right of way. Finished floors will be
obtained on floored structures within 75 feet of the proposed right of way.
Main Side Streets — Topographic data will be obtained along Desoto and Everglades
Boulevards within the existing 100 foot right of way as well as within 50 foot of the right
of way on 300 foot cross sections. All above ground visible improvements as well as any
break lines in ground contours within the right-of-way will be located as well as within
25 feet of the right of way. Finished floors will be obtained on floored structures within
75 feet of the proposed right of way.
Secondary Side Streets - Topographic data will be obtained along 8th and 16th Street
Northeast within the existing 100 foot right of way as well as within 50 foot of the right
of way on 300 foot cross sections. All above ground visible improvements as well as any
break lines in ground contours within the right-of-way will be located as well as within
25 feet of the right of way. Finished floors will be obtained on floored structures within
75 feet of the proposed right of way.
10/4/2008- 178241 Ver- 01!- DHYATT
CN"43
00004-OON-SRV- - 0
4. Canal Cross Sections
Cross sections at canal crossings (Corkscrew, Orangetree, Golden Gate and Faka Union
Canals) will be obtained on 25 foot intervals from 50 feet north of the proposed right of
way alignment to 50 feet south proposed right of way alignment. Additionally cross
sections at the Golden Gate Main Canal's intersections with 6"' and 8t' Street Northeast
will be obtained at 25 foot intervals from 50 foot east to 50 foot west of said rights of
ways.
5. Pond Site Topography
Boundary and topographic surveys will be performed for up to 8 pond sites of up to 5
Acres. Topography will be obtained on 100 foot grid and will also delineate any visible
grade changes that may occur on the property. Topography will overlap 100 foot outside
of proposed pond site.
6. Baseline References
WilsonMiller will set survey references relative to the proposed centerline alignment at
1000 foot intervals.
7. Vertical Control
WilsonMiller will set benchmarks along the project corridor at intervals not to exceed
500 feet. All elevations will be in NAVD 1988.
8. Jurisdictional Wetlands
WilsonMiller will field locate and map up to 15,000 lineal feet of Jurisdictional wetland.
9. Soil Boring Locations
After establishment of control, WilsonMiller will locate up to 50 soil borings with
elevations (if required).
10. Aerial Targets
10/42006- 178241 Ver. 01!- DHYATT
CM3
00004-OON-SRV- - 0
WilsonMiller will establish up to 60 aerial targets and provide to the client a GPS derived
Northing, Easting and Elevation. After initial establishment of GPS derived elevations,
conventional levels will be used to re-establish elevations on said targets.
Total Fee Budget: $252,000
Deliverables
Topographic Survey
A surveyors report signed and sealed by a Florida registered Surveyor and Mapper and
accompanying electronic file will be provided to the county.
Control Survey
Up to 10 copies of the Control Survey will be provided in hard copy print, signed and
sealed by a Florida registered Surveyor and Mapper.
Pond Site Boundary and Topographic Surveys
Up to 10 copies of the boundary and topographic surveys of pond sites will be provided
in hard copy print, signed and sealed by a Florida registered Surveyor and Mapper.
Base Map
A comprehensive electronic base map of all survey products will be provided to the client
including a digital terrain model.
Field
All reference points and benchmarks set in conjunction with this job will be in
accordance with the terms set forth in this scope.
Items not included
1. Physical location of underground utilities (potholing, vacuum excavation, etc.).
2. Aerial photography
3. Aerial Targets
4. Vacuum excavation or location thereof
5. Soil borings or location thereof
6. Title work
7. Right of Way Maps
8. Sketch and Descriptions
M412006-178241 Ver. 011- OHYATT
CM3
00004 -00N -SRV-- 0
MWAV Ardaman & Associates, 'Inc.
t` resrh 'r ,?t`dei`i.•'.s"Yi$^i F ?.(%
S=Sazer:sis L.i' ns1z"ant5
TO: CH2 1 Hill
580E Pelican Bay Boulevard: Suite 505
Naples, Florida 34108
Attention: Mr. Bili Grainer, P.E.
SUBJECT Proposal for Geotechnical Engineering Services
Vanderbilt Beach Road Extension
Collier Boulevard to DeSoto Boulevard
Collier County, Florida
CN #06-4000
Gentlemen:
Ardaman Proposal No. 06-650
October 17, 2006
Ardaman & Associates, Inc. is pleased to submit the following proposal for geotechnical services for the
Vanderbilt Beach Road Extension project in Collier County, Florida. We understand that the extension is
from Collier Boulevard (CR 951) to DeSoto Boulevard, a distance of approximately 11 miles. The typical
section will be six -lane divided with curb and gutter within a 200 -foot right-of-way. Vanderbilt Beach Road
exists as a two-lane road from Collier Boulevard to the entrance to The Oide Florida Golf Course. Current
plans are to curve north and continue the alignment easterly on the back property lines of the residential lots
between 10th and 12th Avenue N.E_
Improvements are also planned for the intersecting streets described as follows:
Wilson, Everglades and DeSoto Boulevards will be improved a distance of about 700 feet each direction
mostly to accommodate turn lanes onto Vanderbilt Beach Parkway.
Seven canal crossings are required for Vanderbilt Beach Road. The bridges will be 120 feet in width. rive
bridges will be less than 200 -feet in length and Cypress Canal I crossing and Cypress Canal 11 crossing will
be 800 to 900 feet in length. Two off-site bridges are planned at 13th and 15th Street NW. These tyro
bridges will be about 90 feet wide and 70 feet in length.
We believe that a box culvert will be used as a pedestrian underpass near Station 535.
New signals are planned at three intersections. We are unaware of overhead signs or high mast lighting at
this time_
A noise wall may be required near the northwest corner of Vanderbilt Beach Road and Massey Street.
Ardarnan Proposal No. 06-550
October 17, 2006
Using the FDOT guidelines for minimum exploration as addressed in the Soils and Foundation }landbook
(2006) coupled with our local experience, we have prepared a summary of anticipated services.
ROADWAY AND -DRAINAGE SCOPE
Hand auger borings will be performed on 200 foot centers and staggered left and right of the centerline
of the proposed westbound and eastbound lanes. The nand auger borings will extend to a maximum of
5 feet below existing ground or to refusal on rock, whichever occurs first. Every third boring will be
extended to a depth of 15 feet below the existing ground. Because rock is likely along most of the
alignment, a Standard Penetration Test boring will be performed using rotary wash techniques so that the
hole may be advanced through the rock.
ror Wilson, Everglades and DeSoto Boulevards, 5 -foot deep hand auger borings on 200 -foot centers will
be performed for turn lane improvements for a distance of 600 -feet north and south.
Note that through the S-curve and down the back property lines between 10th and 12th Avenue NE.,
there will be no drill rig access until a 10 -foot wide path can be cut with a Hydro -Ax. We are presently
scoping out this service with a sub -contractor ([have Foote Environmental Construction, Inc.) but the cost
is not included in this proposal.
Standard Penetration Test (SPT) borings will be performed in proposed pond areas at a frequency of two
per pond. Boring depth will be 21 feet. In addition, one field permeability test will be performed per pond.
We estimate that there will be 17 ponds.
Dote that most of the pond sites appear to be heavily wooded and access will be €imited to open areas
unless paths are cut for drill rig access. We have the in-house capability to provide this service and have
included the cost. We will need property owner s permission to perform the clearing.
• In areas where unsuitable material, such as muck, is found, probings will be taken to define the vertical
and horizontal extent of the unsuitable material within the right-of-way.
Soil samples will be tested to aid in soil classification and to determine the engineering properties of the
soils at a frequency of 3 per m=ile per stratum. This includes obtaining samples of the existing soils for
Lirnerock Bearing Ratio (LBR) to determine the soil support value and resilient modulus for pavement
design. In addition, bulk samples will be obtained for environmental corrosion testing (pH, resistivity,
chlorides and sulfates) at a frequency of 1 per 1,500 11
2
t..rG`-GmY `? YS AvJs.. t".SChiI-J'.ti: tnc.
Ardaman Proposal leo. 06-550
October 17, 2006
• Standard FDO: reporting procedures will be followed consisting of a Preliminary Roadway Soil Survey
Report and a Final Roadway Soil Survey Report. We will provide ASCII files for plotting of the boring
data on your cross sections.
As the data becomes available, we will also provide summary reports of the Seasonal High Groundwater
Table (SHGWT), LBR data, Pond Soil Survey and other requested information.
STRUCTURES SCO
SPT borings will be performed for the canal crossings. For the five short Vanderbilt Beach Road bridges,
and two off-site bridges at 13th and 15th Streets NW, two SPT borings are proposed. For the two 800 -
foot plus lona bridges (Cypress Canal I and ll), four borings are proposed. Borings are proposed to be
advanced to a depth of 90 feet. No borings are planned over water.
Note that there is no access on both sides of the canal at some proposed bridge locations (east of
Golden Gate Canalj, We may need to revisit these sites when the Hydro -Ax clearing is complete. We
will be able to drill at least one boring at each bridge location to develop sufficient information for the
BDR.
• Box culvert locations will be explored with SPT borings advanced to a depth of 25 feet.
Mote that there is no access to the pedestrian underpass proposed near Station 635.
SPT borings will be performed for the sound walls at a frequency of 1 per 20b l.f. Each boring will be
advanced to 30 feet. Total length of soundwall is estimated to be 1,200 Lf.
• Signal poles and mast arm locations will be explored with SPT borings advanced to a depth of 25 feet.
\Afe propose to perform four SPT borings at each signalized intersection near accessible corners. We
are not aware of high utast lighting or overhead sign structures required for this project and no additional
borings are planned.
Soil samples will be collected from the SPT borings to aid in soil classification and to determine the
engineering properties of the soils. Only soil index tests (moisture content, sieve analysis, organic
content and Atterberg limits) are believed necessary. Soil corrosion tests will be performed for the bridge
structures. and water samples collected from each canal for corrosion testing.
3
W ndama�' a Assoc»t=s. inc-
Ardaman Proposal lNo. 06-550
October 17, 2006
Standard FDOT reporting procedures will be followed for the proposed structures consisting of a
preliminary report and a final report. We plan to provide separate reports for each bridge structure.
INFORMATION WE NEED
For the Roadway Soil Survey, we will need the surveyor to locate the centerline of construction (or a baseline)
with stakes at each Station. We will locate our borings by Station and off' set.
The bridge borings and pond borings require ground elevation readings in addition to Station and off -set so
the surveyor will need to locate our borings after they are drilled. They will be appropriately staked and
labeled.
We have the in-house capability to clear paths for drill rig access on the pond sites; however, we will need the
owner's permission to do so. There may be wetlands or possible endangered/protected species issues as
part of the vegetation removal permit and we will need aid from each consultant to address them as they
arise.
There is no drill rig access to the proposed alignment east of where Vanderbilt Beach Road presently
terminates. This segment is heavily vegetated. We believe that the solution will be to use a Hydro -Ax to
clear all the vegetation and then mulch all cuttings. We have been asked to provide this service and we are
presently talking to a subcontractor (gave Foote Environmental Construction, Inc.) The cost for this service
is not included in this proposal. As with the pond locations, there will be wetlands and/or possible
endangered/protected species issues as part of the vegetation removal permit and we will need aid from
each consultant to address this as they arise. Also, we will need the County to obtain permission from each
property owner.
ESTIMATED FEE
We have prepared the attached summary of services and estimated costs based upon our understanding of
the project needs. We propose to invoice in accordance with the unit fees and hourly rates for actual
services rendered. The total cost of our services is estimated not to exceed $249,000.
Please return a copy of our Project/Proposal Acceptance forret complete with client name and signature as
our authorization to proceed. The party whose signature appears on the acceptance form, will be invoiced
for our services.
4
.., s :amu 3_=s ,v. res, ter_
Ardaman Proposal No. 06-550
October 17, 20106
ROADWAY SOIL SURVEY
SOIL AUGER BORINGS ALTERNATING LEFT AND RIGHT OF CIL
Mobilization of Drilling Crew and Equipment $275.00
Hand Auger borings to 5 ft. or refusal on rock at 200 -ft- centers,
206 borings @$60,00%a. $12,360.00
94 SPT borings to 15 ft. on 600 -ft. centers; 1,410 ft. @$13.50/ft. $1,903.50
Install and Remove 4 -inch Casing (as needed); 470 fit. @$8.00/ft. $3,760.00
Test Boring Permits $3,740.00
Subtotal: $22,038.50
POND SITES (estimate 17 sites with 2 borings per site)
Equipment (Front end loader) Rental at cost +12% $5,000.00
80 hrs. Equipment Operator @$64.00/hr. $5,120.00
Mobilization of Drilling Crew and Equipment $275.00
34 SPT borings to 20 feet;
714 ft, from 0 to 25 ft. @$13.50/ft. $9,639.00
Install and Remove 4 -inch Casing (as needed); 340 ft. @$8.00/ft. $2,720.00
17 Field Permeability Tests @$450.00/ea. $7,650.00
Test Boring Permits $3,300.0
Subtotal: $33,704.00
MUCK PROBES (eStimate 5 days)
40 hrs. Sr. Engineering Technician x@$64.00/hr. $2,560.00
LABORATORY TESTING
60 hrs. Senior Engineering Technician for Soil Classification @$64.00/hr. $3,840.00
100 Natural Moisture Content @$11.00/ea. $1,100.00
100 Sieve Analysis @$41.50/ea. $4,150.00
20 Organic Content @$28.00/ea. $560.00
20 Atterberg Limits @$94.00lea. $1,880.00
33 Lirmerock Bearing Ratio Vests @$325.00/ea. $10,725.00
50 Sail Corrosive Series (Soil pH, resistivity, chlorides, sulfates) @$140.001ea. $7,000.00
Subtotal. $29,255.00
Z
Ard21rnan Proposal No. 06-550
October 17.2006
PROJECT COORDINATION ANALYSES AND REPORT PREPARATi N
140 hrs.
Senior Project Engineer (P.E.) @$127.00/hr.
$17,780.00
180 hrs.
Project Engineer (P.E.) @$110.001hr.
$19,800.00
100 hrs.
Senior Engineering Technician @$64.00Fhr.
$6,400.00
120 hrs.
Technical Secretary @$42.00/hr.
$5,040.00
72 tars.
Senior T eehnieal Draftsman @$49.00/hr.
$3,528.00
Subtotal: $52,548.€10
TOTAL ESTIMATED COST FOR ROADWAY SOIL SURVEY: $140,105.50
:fir= arnar, &
STRUCTURES
BRIDGES -FIELD OPERATIONS
Mobilization of Drilling Crew and Equipment
22 Standard Penetration Test borings (includes grouting).,
550 ft. from 0 - 25 ft. @$13.50/ft.
550 ft. from 25 - 50 ft. @$15.50/ft.
880 ft. from 50 - 100 ft. @$17.501ft.
Install and Remove 4 -inch Casing (as needed to
maintain drilling fluid circulation)
550 ft. @$8.00/ft.
Difficult Drilling Access and Borehole LocationlSet-up
(estimate 114 -hour between boreholes)
5.5 hrs. Drilling Crew @$155.00/hr.
Test Boring Permits
BOX CULVERT - FIELD OPERATIONS
Mobilization of Drilling Crew and Equipment
2 Standard Penetration Test borings
50 ft. from 0 - 25 ft. @$13.50/ft.
Install and Remove 4 -inch Casing (as needed)
40 ft. @$8.00/it.
Test Boring Permits
SOUND WALLS - FIELD OPERATIONS
Mobilization of Drilling Crew and Equipment
7 Standard Penetration Test borings
175 ft. from 0 - 25 ft. @$13.50/ft.
35 ft. from 25 - 50 ft. @$15.50/ft.
Install and Remove 4 -inch Casing (as needed)
70 ft. @$8.001ft.
Test Boring Permits
Ardaman Proposal No. 06-550
October 17, 2006
$275.00
$7,425.00
$8,525.00
$15,400.00
$4,400.00
$852.50
$2,100.00
Subtotal: $38,977.50
$275.00
$575.00
$320.00
$3.00.00
Subtotal: $1,570.00
$275.00
$2,362.50
$542.50
$550.00
300.00
Subtotal: $4,040.00
8
SIGNALS --FIELD OPERATIONS
Mobilization of Drilling Grew and Equipment
12 Standard Penetration Test borings
300 ft from 0 - 25 ft. @$13.50/ft.
Install. and Remove 4 -inch Casing (as needed)
180 ft. @$8.00/fL
Test Boring Permits
Ardaman Proposal leo. 06-550
October 17, 2006
$275.00
$4,050.00
$1,440.00
$900.00
Subtotal: $5,665.00
LABORATORY TESTING
26 hrs. Senior Engineering Technician for Soil Classification @$64.00/hr
50 Natural Moisture Content @$11.00/ea.
35 Sieve Analysis @$41.50/ea.
20 Percent Fines @$27.50/ea.
10 Organic Content @$28.00/ea.
15 Atterberg Limits @$94.00%a.
26 Soil Corrosion Series
(Soil pH, resistivity, chlorides, sulfates) @$140.00/ea.
9 Water Corrosion Series @$120.00/ea.
ENGINEERING COORDINATION ANALYSIS AND REPORT PREPARATION
180 hrs. Senior Project Engineer (P.E.) @$127.00/hr.
120 hrs. Project Engineer (P.E.) @$110.001hr,
27 hrs. Geologist @$82.00/hr.
32 hrs. Senior Engineering Technician @$64.00/hr.
66 hrs. Senior Technical Draftsperson @$49.00/hr.
72 hrs. Technical Secretary @$42.00/hr.
$1:664.00
$550.00
$1,411.00
$550.00
$280.00
$1,410.00
$3,640.00
11,080.00
Subtotal: $110,585.00
$22,860.00
$13,200.00
$2,214.00
$2,048.00
$3,234.00
3 0$ 24.00
Subtotal: $46,580.00
TOTAL ESTIMATE COST FOR STRUCTURES: $108,417.50
TOTAL ESTIMATED COST FOR PROJECT.- $248,523.00
VJ
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM AND TIME AND MATERIALS
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 Joe Delate, ASLA, Senior Project Manager, Transportation Engineering and
Construction Management Department, 2885 South Horseshoe Drive, Naples, Florida
34104
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have
been completed to OWNER'S reasonable satisfaction.
ITEM
LUMP SUM FEE FOR:
FEE
PAYMENT SCHEDULE
1.
Task 1 — 30% Submittal, Project 1
$1,170,200.00
Upon Completion of Task I
2.
Task II — 60% Submittal, Project 1
$1,051,400.00
Upon Completion of Task II
3.
Task III — 90% Submittal, Project 1
$ 532,000.00
Upon Completion of Task III
4.
Task IV — 100% Submittal, Project
1
$ 239,600.00
Upon Completion of Task IV
5.
Task V — Post Design Services,
Project 1
$ 104,000.00
Based Upon Time and Materials.
6.
Task VI — 30% Submittal, Project 2
$ 957,400.00
Upon Completion of Task VI
7.
Task VII — 60% Submittal, Project 2
$ 860,200.00
Upon Completion of Task VII
8.
Task VIII — 90% Submittal, Project
2
$ 435,200.00
Upon Completion of Task VIII
9.
Task IX — 100% Submittal, Project
2
$ 196,000.00
Upon Completion of Task IX
10.
Task X — Post Design Services,
Project 2
$ 104,000.00
Based Upon Time and Materials
TOTAL FEE Total Items 1-10)
$ 5,650,000.00
RN
B.2.2. The fees noted in Section 2.1., 1-4 and 6-9 shall constitute the lump sum amount of
Five million four hundred forty two thousand dollars ($5,442,000.00) to be paid to
CONSULTANT for the performance of the Basic Design Services. The fees noted in
Section 2.1, 5 and 10 shall constitute the fees based upon time and material in the amount
of Two hundred eight thousand dollars ($208,000.00) to be paid to CONSULTANT for the
performance of Post Design Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER.does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner. Additionally, the
number of the purchase order granting approval for such services shall appear on all
invoices.
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 subcontractorAtg 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 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.
B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
A-3
SCHEDULE B
ATTACHMENT A
BASIS OF COMPENSATION
1. TASK 11— 30% SUBMITTAL - Proiect No. 1. Collier to Wilson
Project General Tasks
Roadway Analysis and Reports
Roadway Plans
Drainage Analysis
Data Collection and Coordination
Permits
Bridge Hydraulics Report
Bridge Development Report
Survey and Mapping
Geotechnical
Archaeological
Task I - Lump Sum: $1,170,200.00
2. TASK II — 60% SUBMITTAL - Proiect No. 1. Collier to Wilson
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Survey, ROW Plans, Sketch and Descriptions
Geotechnical
Noise Analysis
Task II - Lump Sum: $1,051,400.00
3. TASK III.- 90% SUBMITTAL - Proiect No. 1, Collier to Wilson
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
A-4
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Task III - Lump Sum: $532,000.00
4. TASK IV —100% SUBMITTAL - Proiect No. 1, Collier to Wilson
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Specifications
Task IV - Lump Sum: $239,600.00
5. TASK V — POST DESIGN SERVICES - Project No. 1, Collier to Wilson
1. Bidding Services $1,500.00
Participate in Pre -Bid Meetings
Respond to bidder inquiries (if necessary)
2. Construction Services $101,500.00
Participate in Construction Meetings
Participate in Field Reviews
Respond to Requests for Information (RFI)
Evaluate Proposed Revisions
Review Shop Drawings
Coordinate with Adjacent Development
Revise Plan Drawings
SFWMD Certification
3. Expenses $1,000.00
Copies
Mailing, shipping and delivery
Task V - Time and Materials Not to Exceed $104,000.00
6. TASK VI — 30% SUBMITTAL - Proiect No. 2, Wilson to Desoto
Project General Tasks
Roadway Analysis and Reports
A-5
Roadway Plans
Drainage Analysis
Data Collection and Coordination
Permits
Bridge Hydraulics Report
Bridge Development Report
Survey and Mapping
Geotechnical
Archaeological
Task VI - Lump Sum: $957,400.00
7. TASK VII — 60% SUBMITTAL - Prosect No. 2, Wilson to Desoto
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Survey, ROW Plans, Sketch and Descriptions
Geotechnical
Noise Analysis
Task VII -Lump Sum: $860,200.00
8. TASK VIII — 90% SUBMITTAL - Proiect No. 2, Wilson to Desoto
Project General Tasks
Roadway Plans
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Task VIII -Lump Sum: $435,200.00
9. TASK IX —100% SUBMITTAL - Proiect No. 2, Wilson to Desoto
Project General Tasks
Roadway Plans
A-6
Drainage Plans
Utility Adjustment Plans
Permits
Bridge Design Plans
Signing & Marking Plans
Signalization Plans
Lighting Plans
Traffic Control Plans
Noise Wall Plans
ROW Plans, Sketch and Descriptions
Specifications
Task IX - Lump Sum: $196,000.00
10. TASK X — POST DESIGN SERVICES - Project No. 2, Wilson to Desoto
1. Bidding Services $1,500.00
Participate in Pre -Bid Meetings
Respond to bidder inquiries (if necessary)
2. Construction Services $101,500.00
Participate in Construction Meetings
Participate in Field Reviews
Respond to Requests for Information (RFI)
Evaluate Proposed Revisions
Review Shop Drawings
Coordinate with Adjacent Development
Revise Plan Drawings
SFWMD Certification
3. Expenses $1,000.00
Copies
Mailing, shipping and delivery
Task X - Time and Materials: $104,000.00
Total Lump Sum Cost: $5,442,000.00
Total Time and Materials Cost: $ 208,000.00
Total Project Cost: $5,650,000.00
A-7
SCHEDULE B
ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Principal
$180.00
Chief Engineer/Senior PM
$160.00
Project Manager
$140.00
Lead Engineer/Scientist
$130.00
Project Engineer
$115.00
Senior Designer
$115.00
Senior Technician/Biologist $90.00
Engineer $85.00
Technician $70.00
Administrative Assistant $55.00
Clerical $48.00
END OF SCHEDULE B.
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Schedule is based on the number of calendar days from issuance of Notice to Proceed.
Project No. 1, Collier to Wilson
1. TASK I — 30% SUBMITTAL: 210 Days
2. TASK II - 60% SUBMITTAL: 360 Days
3. TASK III — 90% SUBMITTAL: 570 Days
4. TASK IV — 100% SUBMITTAL: 720 Days
5. TASK V — POST DESIGN SERVICES — Project No. 1: TBD*
Project No. 2. Wilson to Desoto
6. TASK VI — 30% SUBMITTAL: 210 Days
7. TASK VII - 60% SUBMITTAL: 360 Days
8. TASK VIII — 90% SUBMITTAL: 570 Days
9. TASK IX — 100% SUBMITTAL: 720 Days
10. TASK X —POST DESIGN SERVICES —Project No. 2: TBD*
* Construction Schedule will be based on date of Bid Letting and is assumed to be
approximately 3 years for each project and timelines are concurrent.
C-1
-`- CERTIFICATE NUMBER
_ SEA -000999459-01 .
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
5114 -00124-ALL- SWF 999459 A ZURICH AMERICAN INSURANCE COMPANY
INSURED
COMPANY
CH2M HILL, INC.
B AMERICAN ZURICH INSURANCE CO.
5801 PELICAN BLVD., SUITE 505
NAPLES, FL 34108
COMPANY
C
COMPANY
D
[�..
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
LTR
DATE (MM/DDIYY)
DATE (MMIDD/YY)
GENERAL
LIABILITY
GENERAL AGGREGATE $ 5,000,000
PRODUCTS - COMP/OP AGG $ 5,000,000
A
X
COMMERCIAL GENERAL LIABILITY
GL03784726-02 05/01/06
05/01/07
CLAIMS MADE a OCCUR
PERSONAL & ADV INJURY $ 1,500,000
EACH OCCURRENCE $ 1,500,000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire) $ 1,500,000
X
MED EXP (Any oneperson) $
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $ 2,000,000
A
X
ANY AUTO
BAP8378516-11 05/01/06
05/01/07
BODILY INJURY $
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY $
HIRED AUTOS
-
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY: r"' - .,,
ANY AUTO
EACHACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
t �r ;�
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EMPLOYERS' LIABILITY
X TORYLIMITS ER 3m,'., '.';�,F.',,,.k:..
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WC8378566-12 (AOS) 05/01/06
05/01/07
EL EACH ACCIDENT $ 1,000,000
A
THE PROPRIETOR/ X INCL
WC8378565-11 (WI & MA) 05/01/06
05/01/07
EL DISEASE -POLICY LIMIT $ 1,000,000
A
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
HI & ID) WC3784761-
( ) 05/01/06
05/01/07
EL DISEASE -EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
PROJECT: VANDERBILT BEACH ROAD EXTENSION. PM: BILL GRAMER
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE
BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY.
r6EiT1CC T LDER�a aANGEI
t TIO "m",, FOR
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
COLLIER COUNTY
ATTN:STEPHEN CARNELL
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
PURCHASING/GENERAL SERVICES DIRECTOR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
3301 EAST TAM IAM I TRAIL
NAPLES, FL 34112
ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Dorothy A. Stevens
�
ID AS OF 0/07
M1(3 2j VAL. 2/01
0 �
w
H
n
CERTIFICATE NUMBER
Y , SEA -000999462-01
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA, INC.
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1225 17TH STREET, SUITE 2100
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
DENVER, CO 80202-5534
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
5114 -00005-ALL1-2000 SWF 999462
A ZURICH AMERICAN INSURANCE COMPANY
INSURED
COMPANY
CH2M HILL, INC.
B
5801 PELICAN BLVD., SUITE 505
NAPLES, FL 34108
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDIYY)
POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE $
PRODUCTS -COMP/OP AGG
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE FlOCCUR
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire) $
MED EXP Any oneperson) $
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
BODILY INJURY $
(Per person)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(Per accident)
HIRED AUTOS
NON -OWNED AUTOS
PROPERTYDAMAGE $
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
i as,
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION ANDWC
EMPLOYERS' LIABILITY
STATU- OTH -
TORY LIMITS ER"
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EL EACH ACCIDENT $
EL DISEASE -POLICY LIMIT $
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
EL DISEASE -EACH EMPLOYEE $
OTHER
A
PROFESSIONAL LIABILITY*
EOC3829621-04 05/01/06
05/01/07
$1,000,000 EACH CLAIM AND
TOTAL FOR ALL CLAIMS
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
PROJECT: VANDERBILT BEACH ROAD EXTENSION. PM: BILL GRAMER
*FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN
THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMITWILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
CE TE k#O Eft x ti
gib. Ra < . �_.,. .. �v �:���.,A.-x
1I ANCEE 'All- fF X `s:
ix .. ,.>,.._
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -'I()_ DAYS WRITTEN NOTICE TO THE
COLLIER COUNTY
ATTN:STEPHEN CARNELL
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
PURCHASING/GENERAL SERVICES DIRECTOR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
3301 EAST TAMIAMI TRAIL
NAPLES, FL 34112
ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Dorothy A. Stevens qty
.< .a �
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
D-1
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 subconsultanfs 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
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certifiqple(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X_ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable _X Not Applicable
D-3
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 $1,000,000
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
DA
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 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
(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
D-5
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
_ $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.
D-6
(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
(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 OWN�1 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
D-8
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, CH2M Hill 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 Professional Design and Related Services for
Vanderbilt Beach Road Extension from Collier Boulevard to Desoto Boulevard are
accurate, complete and current as of the time of contracting.
CH2M Hill
BY: sj&�=
TITLE:
,4tcEy- Vzk-5L0 rCj-r
DATE: Z -e Fi:-ao : • Zac> j
—a-
TPAN i 953637.9 PSA E-1
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Allocation of Time to Project
Jeff Oestreich/CH2M HILL
Jason Mosely/WM
Dan Kushnar/CH2M HILL
Asfaq Khan/CH2M HILL
Randy Mason/WM
Sem Etienne/CH2M HILL
Carolina Matiz/CH2M HILL
Frank Scerbo/CH2M HILL
Wayne Hartt/WM
Randy Mock/CH2M HILL
Bushan Godbole/CH2M HILL
Paul Hahn/WM
Kevin Heldorfer/CH2M HILL
Jason Harkless/CH2M HILL
Kathy Fernandez/CH2M HILL
Gerry Delrio/CH2M HILL
Ronna Edwards/WM
Suzanne Chason/CH2M HILL
Sachin Menon/CH2M HILL
Adam Ahmad/CH2M HILL
William Gramer/CH2M HILL
Gavin Jones/WM
Pramod Choudhary/CH2M HILL
Niel Postlewait/CH2M HILL
Tunch Orsoy/CH2M HILL
Angela Gable/CH2M HILL
Scott Bear/CH2M HILL
Bill Beddow/CH2M HILL
Ardaman and Associates
ASH Engineering
ESA
Gulfshore Engineering
RWA
Wilson Miller (WM)
TPA# 195363 7.9
60%
60%
35%
35%
30%
30%
25%
25%
25%
20%
20%
20%
20%
20%
20%
20%
20%
20%
20%
20%
20%
10%
10%
10%
5%
5%
2%
2%
Geotechnical
SUE Investigation
Noise Analysis
Drainage/Permitting
Survey
Design/Survey
PSA
F-1