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Resolution 2003-236 1686 ",-, RESOLUTION NO. 2003- 236 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN LEE AND COLLIER COUNTIES REGARDING COUNTY ROAD 951 PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY. WHEREAS, the Collier County Board of County Commissioners, hereinafter ("Board"), wishes to enter into and Interlocal Agreement with Lee County in a Joint Project Development and Environmental (PD & E) Study to evaluate a roadway corridor beginning at Immokalee Road and County Road 951 in Collier County and ending at Alico Road in Lee County; and WHEREAS, both Counties are duly empowered pursuant to Florida Statues, Section 163.01, to enter into Interlocal Agreements for the sharing of certain governmental powers and obligations; and WHEREAS, the Board believes that entering into this Interlocal Agreement serves a public purpose and is to the public's benefit. NOW, THEREFORE, be it resolved by the Board that: The Board does hereby authorize its Chainnan to execute the Interlocal Agreement attached hereto as Exhibit "A" to this Resolution. This Resolution shall take effect immediately upon its passage. This Resolution adopted after motion, second and majority vote favoring same this 2.~ day of .:rul~ ,2003. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~:~~~~ . Deputy Clerk Attest IS to Cha 1rman · S signature 0011. By: TOM HENNING, Chainnan 1~zq~03 Approved as to fonn and legal sufficiency: ¿L- cq eline Hubbard Robinson ssistant County Attorney H:JHR/Lee Countyl Resolution 60903 1686 INTERLOCAL AGREEMENT BETWEEN LEE COUNTY AND COLLIER COUNTY REGARDING COUNTY ROAD 951 PROJECT DEVELOPMENT AND ENVIRONMENTAL (PD&E) STUDY This Interlocal Agreement is made and entered into this ~ day of ~, 20D3, by and between LEE COUNTY, a political subdivision and charter county of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof, "LEE", and COLLIER COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof, "COLLIER", collectively, the "Parties" hereto. RECIT ALS WHEREAS, the Lee County Board of County Commissioners is the governing body in and tor Lee County; and the Collier County Board of County Commissioners is the governing body in and for Collier County; and, WHEREAS, both counties are duly empowered pursuant to Florida Statutes, in particular, Section 163.01, Florida Statutes, to enter into Interlocal Agreements for the sharing of certain " governmental powers and obligations; and, WHEREAS, the Parties desire to participate in a joint Project Development and Environmental (PD&E) Study to evaluate a roadway corridor beginning at Immokalee Road añd c.R. 951 in Collier County and ending at Alico Road in Lee County; and, WHEREAS, the Parties hereto find that entering into this lnterlocal Agreement serves a public purpose and is to the public's benefit. S:\GSIARF\PERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY IAwpd 16B6 "f - NOW THEREFORE, the Parties agree to the following terms and conditions hereinafter set forth, LEE and COLLIER intending to be legally bound, hereby agree as follows: SECTION I PURPOSE It is the purpose and intent ofthis Interlocal Agreement to define the terms and conditions under which joint participation in the c.R. 951 PD&E Study will occur evaluating a roadway corridor beginning at Immokalee Road and c.R. 951 in Collier County and ending at Alico Road in Lee County. All terms and conditions of this Interlocal Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purposes as set forth above. SECTION II AUTHORITY FOR AGREEMENT COLLIER represents to LEE that the execution and delivery of this lnterlocal Agreement has been duly authorized by all appropriate actions of the governing body of COLLIER, has been executed and delivered by an authOlized officer of COLLIER, and constitutes a legal, valid and binding obligation of COLLIER. LEE represents to COLLIER that the execution and delivery ofthis Interlocal Agreement has been duly authorized by all appropriate actions of the governing body of LEE, has been executed and delivered by an autlwrized officer of LEE, and constitutes a legal, valid and binding obligation of LEE. SECTION III A. PARAMETERS OFPD&E STUDY The PD&E Study will evaluate a roadway corridor beginning at Immokalee Road and C.R. 951 in Collier County and ending at Alico Road in Lee County, according to the proposed Scope of Services and contract with Dyer, Riddle, Mills ¡md Precourt, Inc., attached hereto. S:\GSIARFlPERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY IAwpd -2- B. See Attached Scope of Services (Exhibit A). SECTION IV SCOPE OF SERVICES LEE will be solely responsible for managing the PD&E Study, including selection of the Consultant, Dyer, Riddle, Mills & Precourt, Inc. (DRMP). LEE will be solely responsible for managing the PD&E Study, however, LEE will formally notice COLLIER in writing of all public meetings and progress meetings at least two (2) weeks prior to such meeting(s), and will be available for up to two (2) presentations to the Collier County Board of County Commissioners at the request of its Chairman. SECTION V COMPENSATION AND METHOD OF PAYMENT COLLIER agrees to pay LEE the principal sum of Two Hundred Fifty Thousand Dollars and 00/100 ($250,000.00) for and in consideration of the services described in this Interlocal Agreement. Payment for participation in the C.R. 951 PD&E Study will be made by COLLIER to LEE within ninety (90) calendar days following execution of this Interlocal Agreement. Any services provided above and apart from the scope of the PD&E Study as set out herein, shall be negotiated between the Parties and paid on an invoice basis. SECTION VI TERM OF AGREEMIgNT FOR SERVICES This Interlocal Agreement, with respect to the contemplated services to be provided, shall begin on the date as written above and end on the date of full completion of the project, unless renewed or amended by the Parties hereto with the same formalities as this Agreement, and in no event shall extend beyond the completion of the PD&E Study. SECTION VII ASSIGNMENT No assignment, delegation, transfer or novation of this Interlocal 'Agreement or any part SSGS~'~RF'tPERMANENT AGREEMENTS~LEE & COLLIER PD&E STUDY I~.wpd -3- 168 6 thereof shall be made, unless approved in writing by LEE and COLLIER. SECTION VIII NOTICES Any communication, written or oral, pursuant to this Interlocal Agreement, shall be directed to the Lee County Department of Transportation, to the attention of Scott Gilbertson, P.E., Director, and the Collier County Transportation Division, to the attention of Edward J. Kant, Director of Transportation/Operations. SECTION IX AMENDMENT This Interlocal Agreement may only be amended in writing and duly executed by the Parties with the same formalities as this Agreement. SECTION X CONSTRUCTION This Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION XI TERMINATION COLLIER may opt out of the PD&E Study at any time, and thereby terminate this Interlocal Agreement by giving .thirty (30) days written notice to LEE. LEE may terminate this Interlocal Agreoment for its convenience by giving thirty (30) days written notice to COLLIER. LEE may, without prejudice to any other right or remedy after required notices are provided, terminate this Interlocal Agreement. Should COLLIER reject the PD&E Study Consultant recommendations and terminate this Interlocal Agreement, the project limits may be revised to the corridor line between Bonita Beach Road and Alico Road, and any portion of the original $250,000.00 contribution.by COLLIER not expended on the Study will be returned to COLLIER. S:tGSg, ARF~,PERMANENT AGREEMENTS~LEE & COLLIER PD&E STUDY I.A.wpcl -4- 16 6 If for any reason this Interlocal Agreement is terminated prior to completion of the PD&E Study, LEE will return to COLLIER its proportionate share of the $250,000.00 not expended on the Study. SECTION XII SEVERABILITY If any provision of this Interlocal Agreement is held invalid, the remainder of the Interlocal Agreement shall not be affected thereby, and all other parts of this Interlocal Agreement shall nevertheless be in full force and effect. SECTION XIII LIABILITY The Parties agree that by execution of this Interlocal Agreement, no Party will be deemed to have waived its statutory defense of sovereign immunity, or increased its limits of liability as provided for by Section 768.28, Florida Statutes. SECTION XIV FILING This Interlocal Agreement and any subsequent amendments hereto shall be filed with the Lee County Clerk of the Circuit Court, Minutes Department, and the Clerk of the Circuit Court of Collier County, Minutes and Records Department. S:\GS'~ARF~PERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY I.A.wpd -5- 161t6 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the date and year first above written. COLLIER COUNTY: ATTEST: DWIGHT'E~ B'ROCK Clerk 6/'iC6U .rts' ; '. .... .,D;gputy. Cl.e.r:k BOARD OF COUNTY COMMISSIONERS By: TOM HENNING, Chairman Approved as to Form & Legal Sufficiency: ~:queqine Hubbard Robinson ,~"ssistant County Attorney LEE COUNTY: ATTEST: CLERK OF COURTS By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA By: . Ray Judah, Chairman Approved as to Form & Legal Sufficiency: Andrea Fraser Assistant County Attorney Office of the County Attorney 6 ATTACHMENT NO. 1 TO EXHIBIT A 1696 SCOPE OF SERVICES CONSULTING ENGINEERING SERVICES CR 951 PD&E STUDY From Immokalee Road/CR 951 to Alico Road COLLER AND LEE COUNTY February 1, 2002 Revised June 21, 2002 6/4/03 16B6 Task List SECTION 1 GENERAL SCOPE STATEMENT .................................................... A-1 General Information ............................................................................... A-1 SECTION 2 TASKS .................................................................................... Task 1 - Preliminary Matters ..................................................................... A. Introductory Meeting .......................................................... B. Initiate Advance Notification ................................................ C. Public Notice of Intent to Prepare an Environmental Impact Statement ....................................................................... D. Introductory Agency M~eting ............................................ E. Kickoff Letter .................................................................. Task 2 - Public & Agency Involvement ....................................................... A. Public Involvement Program ................................................ B. Consensus Building Process ................................................ 2. 3. 4. 5. 6. Scope .............................................. Composition ...................................... Relationship to other aspects of the PD&E. Meeting Schedule ............................... Consensus Building Process ..................... Outcome .......................................... A-2 A-4 A-4 A-4 A4 A-4 A-5 A-5 A-5 A-5 A-5 A-6 A-6 A-7 A-7 A-7 Public Meetings/Workshops ....................................................... A-7 1.Public Meetings in Support of the Consensus Building Process ..................................................... 2.Unscheduled Meetings and Presentations ........................ 3.Alternatives Public Workshop ...................................... 4.Coordination Meetings with Local Officials ...................... D. Public Hearing .................................................................. E. Public Involvement Data ...................................................... F. Special Public Involvement Requirements .................................. 1. Identify and Inspect Public Meeting Sites ........................ 2. Correspondence....~ .................................................. 3. Newsletters and Flyers .............................................. 4. Web Site ............................................................... 5. Comments and Coordination Report .............................. Task 3 - Environmental Data Collection, Analysis and Reports ............................ A. Environmental Data Collection .............................................. B. Analysis of Social Impacts ................................................... 1. Land Use Information ............................................ 2. Cultural Features ..................................................... 3. Social-Economic Impacts Analysis ................................ 4. Right-of-way Acquisition and Relocation Analysis ............. 5. Archaeological and Historical Features Analysis ................ 6. Determination of Section 4(f) Involvement ....................... 7. Visual and Aesthetic Impact Analysis .............. ' ............... 8. Farmlands Impact Analysis ......................................... C. Analysis of Natural Impacts .................................................. 1. Hydrologic and Natural Features ................................... A-7 A-8 A-8 A-9 A-9 A-10 A-II A-11 A-II A-Il A-12 A-12 A-12 A-12 A-13 A-13 A-14 A-14 A-14 A-14 A-15 A-15 A-15 A-15 A-15 6/4/03 1696 2. Identify Possible Permits ............................................ A- 16 3. Wetland Impact Analysis ........................................... A- 16 4. Conceptual Mitigation Plans ....................................... A- 17 5. Wildlife and Habitat Impact Analysis ......................... - A-17 6. Aquatic Preserve Impact Analysis ................................. A- 18 7. Outstanding Florida Waters and Wild and Scenic Rivers Impact Analysis .............................................A- 18 D. Analysis of Physical Impacts .................................................. A- 18 1. Air Quality Impact Analysis ......................................... A-18 2. Noise Impact Analysis ................................................A-18 3. Contamination Impact Analysis ..................................... A- 18 4. Water Quality Impact Analysis ...................................... A- 18 5. Floodplain Impact Analysis .......................................... A- 19 6. Coastal Barrier Resource Analysis .................................. A-19 7. Construction Impact Analysis ....................................... A- 19 E. Environmental Reports ......................................................... A- 19 1. Advance Notification ................................................. A- 19 2. Cultural Resources Assessment Survey ............................ A-19 3. Section 4(f) Evaluation ............................................... A- 19 4. Air Quality Report .................................................... A-20 5. Noise Study Report ................................................... A-20 6. Wetland Evaluation Report .......................................... A-20 7. Water Quality Impact Evaluation ................................... A-20 8. Contamination Screening Evaluation Report ..................... A-20 9. Endangered Species Biological Assessment/Listed Species Report ........................................................ A-20 10. Permit Coordination Package ...................................... A-20 11. Visual and Aesthetics Impact Report .............................. A-21 12. Environmental Assessment .......................................... A-21 Task 4 - Engineering Data Collection, Analysis and Reports ............................... A-21 A. Engineering Data Collection ..................................................A-21 1. Aerial Photography ...................................................A-21 2. Existing Highway Characteristics .................................. A-22 3. Traffic Data ....... ,, ................................................... A-22 4. Accident Data ......................................................... A-22 5. Utilities ................................................................. A-22 6. Transportation Plans .................................................. A-23 7. Soils Survey and Geotechnical Data ................................ A-23 B. Engineering Analysis. A-23 1. Project Need. .......................................................... A-23 2. Base Map(s) ........................................................... A-24 3. Conceptual Design Analysis ........................................ A-24 4. Design Alternatives Evaluation and Selection ................... A-25 5. Conceptual Drainage Analysis ..................................... A-26 6. Cost Analysis ......................................................... A-26 7. Comparative Analysis of Design Alternatives ........... i ....... A-27 C. Engineering Reports ...........................................................A-28 1. Base Map(s) ........................................................... A-28 2. Preliminary Engineering Report .................................... A-29 3. Utility Coordination Package ....................................... A-29 4. Location Hydraulic Report .......................................... A-30 6/4/03 5. Geotechnical Report .................................................. Task 5 - Federal Funds ............................................................................ Task 6 - FHWA/FDOT Coordination .......................................................... Task 7 - Design/Right-of-Way Surveys ....................................................... - Task 8 - Right-of-Way Mapping ............................................................... Task 9 - Geotechnical ............................................................................ Task 10 - Non-Personnel Reimbursement Expenses and Costs ............................ Task 11 - Optional Services .................................................................... A. Section 106 (Historic and Archaeological) Coordination .............. Task 12 - Study Requirements and Provisions for Work .................................... Ao B. C. D. E. F. Governing Regulations ....................................................... Project Schedule ............................................................... Key Personnel .................................................................. Progress Meetings & Reports ................................................ Submittals ....................................................................... County Services ................................................................ A-30 A-30 A-30 A-31 A-31 A-31 A-31 A-31 A-31 A-31 A-31 A-32 A-32 A-32 A-33 A-33 6/4/03 16 6 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES CR 951 PD&E This Exhibit forms an integral part of the agreement between the Lee County Department of Transportation (hereinafter referred to as the COUNTY) and Dyer, Riddle, Mills & Precourt, Inc. (DRMP) (hereinafter referred to as the CONSULTANT) relative to the CR 951 PD&E. SECTION 1 GENERAL SCOPE STATEMENT The Consultant shall provide and perform the following professional services, which shall constitute the GENERAL SCOPE of the BASIC SERVICES under the covenants, terms, and provisions of this PROFESSIONAL SERVICES AGREEMENT or SERVICE PROVIDER AGREEMENT. The purpose of this Exhibit is to describe the Scope of Services and the responsibilities of the CONSULTANT and the COUNTY in connection with Project Development (Corridor Location, Preliminary Engineering, and Conceptual Design) and Environment Study necessary to comply with COUNTY procedures and to obtain FHWA approval of proposed transportation facility improvements. General Information The CONSULTANT shall perform those environmental and engineering services required for a Project Development and Environment Study. This includes consideration of all social, economic, and environmental effects, and mitigation as required by the COUNTY and using the Florida Department of Transportation (FDOT) Project Development and Environment (PD&E) Manual as a guide. In addition, the CONSULTANT will prepare the required environmental and engineering reports, and Conceptual Design Plans, and assist as necessary with the Public Hearing. The anticipated Class of Action is an Environmental Impact Statement (EIS). The project limits of the CR 951 PD&E study will be from the existing intersection of CR 951 and Immokalee Road in Collier to Alico Road in Lee County, a distance of approximately 15 miles. It shall be the CONSULTANT[]s responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. , The CONSULTANT shall be aware that as a project is developed, certain minor modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the conceptual design and will consider this effort to be an anticipated and integral part of the work. The CONSULTANT shall demonstrate good project management practices while working on this project. This includes communication with the COUNTY and others as necessary, management of S:\GSL~.~ERLOCAL\CR 9:51 REVISED SCOPE 6-21 ~02.DOC A- 1 6/4/03 1686 time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to COUNTY procedures. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. The general objective of the study is to provide documented information necessary for the COUNTY to reach a decision on the type, design, and location of a transportation facility east ofi-75 from the existing intersection of Immokalee Road and CR 951 in Collier County to Alico Road in Lee County. This facility shall be known as CR 951. The Project Development Process shall use as a guide the FDOT Project Development and Environment Manual, published July 1, 1988, and all subsequent revisions. Throughout this Scope of Services, this publication will be referred to as the PD&E Manual. The PD&E Manual incorporates all'of the requirements of the National Environmental Policy Act (NEPA); Federal law and Executive Orders; applicable Federal regulations included in the FHWA Federal-Aid Policy Guide; and applicable State laws and regulations including Chapter 339.155 of the Florida Statutes. The proj eot documentation prepared by the CONSULTANT in accordance with the PD&E Manual shall therefore be in compliance with all applicable State and Federal laws, executive orders, and regulations. The detailed information generated during the study will be analyzed, evaluated and comprehensively documented in a series of reports predicting impacts, and estimating costs associated with the improvement of the transportation facility. Preliminary location and design recommendations will include alignments, typical sections, right-of-way requirements, and estimated costs. The CONSULTANT will recommend the Preferred Altemative(s) based on this process. The CONSULTANT shall coordinate this study with the Florida Department of Transportation and investigate the possibility of Federal funding for this project and shall prepare a permit coordination package for distribution to all permitting and permit review agencies. SECTION 2 TASKS Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the CONSULTANT shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or iteths set forth in EXHIBIT "B" entitled "COMPENSATION AND METHOD OF PAYMENT." Task Index Task 1 - Preliminary Matters Task 2 - Public & Agency Involvement Task 3 - Environmental Data Collection, Analysis and Reports Task 4 - Engineering Data Collection, Analysis and Reports Task 5 - Federal Funds 6/4/03 S:\GSLa, RFLINTERLOCAL~CR 951 REVISED SCOPE 6-21-02,DOC A-2 16B6 Task 6 - FHWA/FDOT Coordination Task 7 - Design/Right-of-Way Surveys Task 8 - Right-of-Way Mapping Task 9 - Geotechnical Task 10 - Non-Personnel Reimbursement Expenses and Costs Task 11 - Optional Services Task 12 - Study Requirements and Provisions for Work S:\GSLMIFLINTERLOCAL\CR 951 REVISED SCOPE 6-21-02 DOC 6/4/03 A-3 Task 1 - Preliminary Matters A. Introductory Meeting Prior to beginning work and after the issuance of the written Notice to Proceed, the CONSULTANT shall meet with the COUNTY. The purpose of this introductory meeting is three-fold: 1. The COUNTY shall render all relevant information in its possession. This may include previous correspondence, traffic figures, planning information, existing right-of-way and utility information, plans, and previous inspection reports. 2. The COUNTY shall review with the CONSULTANT how the CONSULTANT will conduct the study process. 3. The COUNTY shall review with the CONSULTANT the financial administration of the contract, method of progress reporting and invoice preparation. 4. The COUNTY shall review the consensus building process with the CONSULTANT. B. Initiate Advance Notification The CONSULTANT shall submit a draft notification letter to the COUNTY for their use. The COUNTY shall notify the FHWA, FDOT, SFWMD, EPA, USF&W, FF&WC, and USCOE of this study and their intent to employ the CONSULTANT to prepare the associated engineering and environmental studies. 1696 Public Notice of Intent to Prepare an Environmental Impact Statement On behalf of the COUNTY, the CONSULTANT will prepare a Notice of Intent to prepare an Environmental Impact Statement for submission to the Federal Highway Administration and U.S. Army Corps of Engineers. Introductory Agency Meeting A second notification in the form of an introductory meeting shall be held by the CONSULTANT with Federal, State, COUNTY, and local staff to introduce the CONSULTANT and inform them bf the initiation of the study. The CONSULTANT shall prepare maps of the study area for orientation purposes and provide the COUNTY with a summary of the meeting. For the Kickoff Meeting, the CONSULTANT shall: Notify state and local agencies and interested parties by letter, news rele .ases, telephone, or any other appropriate means. Prepare formal presentation - script, graphics, and other displays as appropriate. S:\GS'~ARY'o'NTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC 6/4/03 A-4 1 S86 Deliver the presentation using knowledgeable CONSULTANT staff members, including answering questions. Meeting site preparation - set-up and take-down the audio/visual equipment. The COUNTY shall: Arrange for and obtain meeting site. Invite the FDOT, FHWA and other interested federal agencies to this meeting. E. Kickoff Letter Within 30 days of the project initiation a Kickoff (Introductory) Letter will be mailed by the CONSULTANT to local officials to describe the study intent and schedule and provide contacts for further information. Task 2 - Public & Agency 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. Ae Public Involvement Program The CONSULTANT shall prepare a written Public Involvement Plan at the outset, outlining each element of the Public Involvement Process. This is done according to an outline furnished by the COUNTY. It shall be updated and amended throughout the Project Development Process. The plan indicates the basic Public Involvement approach to be taken with the project. It also lists generally the contact persons, media officials and agencies and the means which will be used to involve them in the process such as the Consensus Building l~rocess described below. B. Consensus-Building Process The public involvement for this project will be a facilitated consensus-building effort. The effort will take as a point of departure the collaborative process feasibility assessment commissioned by the County (An Assessment to Determine the Feasibility of a Collaborative Stakeholder Process to Address the Proposed Extension of County Road 951.) The purpose of this effort will be to develop consensus during the PD&E study among those with an interest in decisions related to the extension of CR 951. 1. Scope In order to adequately address issues related to a possible extension of CR 951, the scope of consensus building discussion and activities will address the following: S:\GSLMI. P, INTERLOCAL',.CR 951 REVISED SCOPE 6-21-02 DOC 6/4/03 A-5 16B6 What is the nature of the need for additional north-south transportation capacity in the area between south/central Lee County and northem Collier County? How can that need best be met? (It should be assumed that the group will explore answers that involve alternative alignments of CR 951 as well as other measures or improvements that may address the need.) What measures must be taken to address the environmental, community, and business impacts of the preferred solution? Coordination, as necessary, with other bodies whose ongoing activities or mandates affect either issues or potential solutions relating to CR 951 (including, but not limited to, Collier County, SFWMD, FHWA, FDOT, USEPA, USF&W, FF&WC) 2. Composition Design of the consensus building process will take as a point of departure Appendix C of the collaborative process feasibility assessment commissioned by Lee County. It is anticipated that a series of small group meetings will be conducted to involve the stakeholders previously identified in the consensus building stakeholders' assessment effort. These meetings would be held in conjunction with the PD&E Study process. A consensus building/PD&E process "course syllabus" will be developed at the outset and will be used as a guide in conducting these meetings for the consensus building process. In addition to the general public the following groups/people will be invited to in the process. Environmental groups Citizen/civic groups Neighborhood groups Business groups Property owners Developers Local governments State and Federal agencies 3. Relationship to Other Aspects of the PD&E The consensus building discussions will parallel and support each major phase of the PD&E process. In particular, consensus will be sought from the public at the following points in the process: characterization of the transportation need; identification of alternatives to be considered; identification of information needed to evaluate the alternatives; evaluation of alternatives; and selection of the preferred alternative. If the group cannot reach consensus, all practical alternatives will be documented. S:\GS',ARF~FNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC 6/4/03 A-6 1686 4. Meeting Schedule The final meeting schedule for the consensus-building process will be established by the CONSULTANT with input from the public. For budgeting purposes, the schedule will be assumed to consist of twelve (12) full-day meetings over a period of thirty-six (36) months (the assumed schedule for the CR 951 PD&E Study). 5. Consensus Building Process Meetings will be facilitated. Early in its work, the CONSULTANT, with input from the public, will develop or refine process ground rules that clarify roles, set guidelines for discussions, and describe the group's process for drafting and agreeing upon recommendations. Design of the ground rules may take as a point of departure Appendix B of the collaborative process feasibility assessment commissioned by the County. 6. Outcome The outcome of the consensus building process shall consist of a report containing all recommendations, issues, and comments compiled during the process and shall be produced by the CONSULTANT and oppommity to comment given to the public prior to the reports' finalization. Upon completion the report shall be included in the Comments and Coordination report as an appendix. The CONSULTANT shall provide support as necessary for the COUNTY to hold various additional public meetings, which may include: Four (4) public workshops in support of the consensus-building process Four (4) Unscheduled Small Group Meetings with Homeowners Associations, Civic Clubs, etc. Up to two (2) media informational meetings (prior elected official meetings) One (1) Alternatives Public Workshop Three (3) MPO Technical Advisory Committee Meetings (TAC) Three (3) MPO Citizens Advisory Committee Meetings (CAC) Three (3) MPO Meetings Six (6) Lee County Commission Meetings (three of these would be before the Management and Planning Committee) Public Meetings/Workshops 1. Public Workshops in Support of the Consensus Building Process In addition to the Alternatives Workshop and Public Heating described below, the CONSULTANT shall conduct four (4) additional public workshops in support of the consensus 'building process. These workshops would be designed to present the results of the process up to the time of the workshop and solicit input for consideration from a broader cross-section of the affected public. S:~GS'~NTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-7 6/4/03 1686 These will be conducted as workshops to actively engage participation in discussion of the questions at hand. 2. Unscheduled Meetings and Presentations. The CONSULTANT and his staff shall be available with no more than a five (5) workday notice to attend meetings or make presentations at the request of the COUNTY. Such meetings and pre- sentations may be held at any hour between 8:00 a.m. and 12:00 midnight on any day of the week. The CONSULTANT will be available for up to four (4) unscheduled meetings and presentations. The CONSULTANT may be called upon to provide maps, press releases, advertisements, audiovisual displays and similar materials for such meetings. 3. Alternatives Public Workshop The purpose of the Alternatives Public Workshop is to present to the public the results of the study to date and obtain comments on the Viable design alternatives. It is possible that the citizens may suggest additional alternatives. The workshop is to be advertised and conducted as an informational meeting and shall include a slide show and display graphics. The CONSULTANT will be required to actively participate in any portion of the presentation. The CONSULTANT shall attend the workshop and prepare all necessary displays, maps, scripts, etc. All presentations (script and graphics), media releases, legal display advertisements, and general (mass) property owner letters will be reviewed and approve by the COUNTY prior to distribution. A black-and-white, quarter-page display advertisement announcing the meetings shall be prepared and submitted to the COUNTY for approval. The CONSULTANT shall publish the advertisement in the area newspaper with the largest daily circulation. Advertising costs are the responsibility of the CONSULTANT. Notification shall be made by the CONSULTANT to elected and appointed officials and other interested persons by letter on COUNTY stationery before the workshop. Mailing costs are the responsibility of the CONSULTANT. A letter on COUNTY letterhead stationery announcing the workshop shall be written and sent by the CONSULTANT ten (10) days before the workshop to all property owners whose property lies in whole or in part within 91.5 m (300 ii) of the centerline of any viable design alternative. Mailing costs are the responsibility of the CONSULTANT. News releases shall be prepared and submitted for publication by the CONSULTANT during the week of the workshop. The workshop format shall be developed by the CONSULTANT and will be approved for review by the COUNTY. The CONSULTANT shall prepare displays or wall graphics for use during the workshop. These include typical sections, aerials, renderings, charts, and graphs, as needed. A video presentation script shall be written by the CONSULTANT and used in association, with the graphics in the video presentation produced by the CONSULTANT. The script shall be professionally narrated. The CONSULTANT shall prepare a project brochure for distribution at the workshop. S:\GS'~tR.FqNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC 6/4/03 A-8 16 6 Meeting equipment setup and take down shall be handled by CONSULTANT staffmembers familiar with audiovisual equipment and the facilities available at the workshop site. Briefing of the staff (who will be on hand during the workshop) shall be done just before the workshop to make sure the staff is up to date on the project and understands the study well enough to discuss it with the public and to answer questions. Conducting the workshop will take knowledgeable staff and shall require enough staff members to handle the crowd anticipated for the workshop. Although the workshop may be scheduled for a certain time period, staff shall be available for some time before and/or after those set hours in order to maintain public contact or for media interviews, etc. The identification of issues brought up at the workshop is an integral part of the workshop debriefing process, which should be attended by all staff members taking part in the workshop process and talking with the public. Once issues have been identified from the workshop, their significance shall be determined. If the issues are determined to be valid enough for further consideration or if they have elements which may require further consideration they must be addressed. This task involves project documentation, letter writing, the preparation of a follow-up newsletter, or any other appropriate technique. Coordination Meetings with Local Officials Meetings shall be held with the Lee County Commission subsequent to the Alternatives Public Workshop and again after the Public Hearing to apprise local officials of the project status, specific location and design concepts, and to receive their comments. It is specifically required that the Environmental Document show evidence of this coordination as well as coordination with the Metropolitan Planning Organization (MPO). Presentation materials for the TAC and CAC meetings shall include the Conceptual Design Plans, and for the MPO meetings, the Conceptual Design Plans, audio/visual presentation and display boards. Additional meetings with the Lee County Commission, the Management and Planning Committee and the MPO are anticipated. D. Public Hearing A formal Public Hearing, as required by Federal,and State laws, shall be held in accordance with Part 1, Chapter 8-2.7 of the PD&E Manual. All of the tasks accomplished by the CONSULTANT shall be reviewed by the COUNTY. The CONSULTANT shall attend the hearing and prepare all necessary displays, maps, handouts, scripts, etc. It is at this hearing that the public can formally offer comments concerning the project. The hearing is divided into sections: · · · One hour period prior to the hearing when staff is available to answer questions Formal presentation Recess to answer any further questions Public testimony Also, the CONSULTANT[Is staff shall be available after the hearing to answer questions. The hearing will be moderated by COUNTY staff unless otherwise directed. The COUNTY moderator S:\GSXARI~YNTERLOCAL\CR 951 REVISED SCOPE 6-21-02 DOC A-9 6/4/03 16 6 will give an introduction to the video presentation and moderate the various parts of the heating to include answering any questions which may arise during public testimony. Quarter-page legal display advertisements shall be published by the CONSULTANT in the area newspaper(s) having the largest daily circulation. These shall be prepared and published by the CONSULTANT, at least 21 days before the heating and between 5 and 12 days before the hearing. Advertising costs are the responsibility of the CONSULTANT. Notification to elected and appointed officials (City, County, State and Federal) and other interested persons shall be prepared and mailed by the CONSULTANT. This process involves the identification of any affected, possibly affected, and interested parties early in the study process. This includes the identification (from County tax rolls) of all persons owning property within 91.5 m (300 ft) either side of the centertine of all viable design alternatives pursuant to the provisions of Florida Statute. Engineering and environmental reports, a set of Conceptual Design Plans for the Preferred Alternative(s) and comments received prior to the hearing shall be put on display at least 21 days before the day of the hearing. They shall be prepared and delivered to the person or agency displaying them for the CONSULTANT. The CONSULTANT shall prepare graphics to be used during the hearing. The display rolls (usually two complete sets) shall depict the Conceptual Design Plans for the Preferred Alternative(s) to be presented at the heating. Among the items to be shown on display rolls are the existing and proposed right-of-way lines (existing lines green, proposed red), proposed roadways (yellow), typical sections, planning segments, and wetlands. Other display boards are to be prepared to show the project location, evaluation matrix and floodplain areas. The CONSULTANT shall prepare and reproduce a project brochure to be given to those attending the hearing. The brochure shall contain a summary of the project, typical sections, etc. and standard information that will be provided by the COUNTY. A video presentation will be used. The video presentation script shall be written by the CONSULTANT and used in association with the graphics in the video presentation produced by the CONSULTANT. The script shall be professionally narrated. Hearing equipment setups and dismantling are the responsibility of the CONSULTANT. The CONSULTANT shall attend the hearing with sufficient staff to explain Preferred Alternative(s) and associated impacts. Identifying the issues raised at the hearing involves debriefing the staff who participated in the heating. The CONSULTANT shall obtain, and pay for a court reporter and for the Public Heating Transcript. Preparing the Public Heating Transcript includes collecting and copying letters received afl:er the hearing but before the heating cutoff point and collecting and copying affidavits of publication of the legal display advertisements, preparing the hearing certification and copying the entire transcript package. The CONSULTANT shall prepare responses to all comments received during the heating and before the heating cutoff date as long as they are not duplicates. These responses will be submitted to the COUNTY for approval and mailing. S:\GS~ARI~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02,DOC A- 10 6/4/03 16 6 Public Involvement Data The CONSULTANT will be responsible for the collection of Public Involvement data and the preparation of the Mailing List early in the PD&E Study. The Mailing list will include: Any affected or possibly affected parties Elected and appointed officials in the area (City, County, State) and community leaders Possible permit and review agencies Media in the project area (to be used for news releases, advertisements or any concerns) Any person or institution expressing an interest in the project The collection of public input occurs throughout the life of the project and requires maintaining of files, newspaper clippings, letters, and especially direct contacts before, during and after any of the public meetings. In addition to collecting public input data, the CONSULTANT shall assist the COUNTY in preparing responses to any public inquiries as a result of the Public Involvement Process. Special Public Involvement Requirements Identify and Inspect Public Meeting Sites Prospective sites for any meetings to be held shall be inspected for suitability. Consideration shall be given to location, seating capacity, sound system, lighting, display space and any other physical characteristics which would influence the viability of this site, including compatibility with the terms of the Americans with Disabilities Act of 1990. The CONSULTANT shall make all arrangements for use of the meeting facility for the Public Workshop and Public Hearing including payment of any rental fees, if applicable. 2. Correspondence Within three (3) days of the receipt or mailing of all written correspondence between the CONSULTANT and any party pertaining specifically to this study, copies shall be provided to the COUNTY for their records. Newsletters and Flyers The CONSULTANT shall prepare quarterly newsletters during the study, which would be published in conjunction with key milestone events such as prior to the Public Workshop, the Public Hearing and at the study[Is completion. The newsletters shall be mailed by the CONSULTANT to elected officials, property owners, businesses and interested persons included on a mailing list compiled by the CONSULTANT. COUNTY review prior to mailing is required. S:\GS~ARF~NTERLOCAL~R 951 RIEVISED SCOPE 6-21-02DOC 6/4/03 A-Il 1686 The CONSULTANT shall prepare one (1) page flyers bi-monthly throughout the study process. The flyers shall be double sided and available for distribution to interested members of the public. The flyers shall contain information on study status, schedule, planned meetings and other items of interest. 4. Web Site The CONSULTANT shall develop a web page with six (6) components: · · · · · · A facts section A subscription section A project schedule A current status section A public involvement opportunities section A project team contacts and comments section The web page shall be developed in month 1 and updated 12 times during the study period. It shall contain the updated date on the page, as well as the date of the next update. o Comments and Coordination Report The Comments and Coordination Report shall contain, at a minimum, documentation of the public participation accomplished throughout study period. This report should summarize and respond to the comments received from the Public Involvement, Advance Notification, coordination with local officials and agencies, public meetings, etc. The Comments and Coordination Report shall be submitted with the final Preliminary Engineering Report. Task 3 - Environmental Data Collectiom Analysis and Reports The CONSULTANT shall perform the services outlined in this section necessary to assess the environmental consequences or impacts of design alternatives that are being considered to satisfy the project[Is need. This effort consists of collecting essential data, analyzing and comparing viable design alternatives, and documenting environmental impacts and recommendations coincidentally with the engineering data collection and analyses. The CONSULTANT shall coordinate and perform the appropriate level of environmental analysis for this project as outlined in the PD&E Manual and the following sections. Prior to performing any data collection activities outside of the existing rigtit- of-way, verbal contact shall be made with all affected property owners, including govemment entities. This contact shall consist of either an in person visit or telephone call. Environmental Data Collection Upon Notice to Proceed, the CONSULTANT shall begin preliminary assessments of the study corridor from an environmental standpoint. The data gathering consists of collecting various information and materials needed for the environmental analysis. The information should include all data necessary to perform adequate evaluation of the social, natural and physical impacts in S:',GS~ARF~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A- 12 6/4/03 1696 determining the location and design of a transportation facility. This activity consists of collecting and recording various and current photographic, cartographic, technical report, planning, 'and observational data relative to the natural, man made, cultural, socioeconomic, physical, political and aesthetic features influencing the development of appropriate design alternative locati°ns. The CONSULTANT shall collect the data necessary to identify community facilities, Section 4(f) lands (parks, recreation areas, and wildlife refuges), bikeways, and managed conservation lands. The CONSULTANT is responsible for the collection of data regarding past and present land usage as well as future land use plans, proposed developments, current zoning, municipal comprehensive plans, and observed growth trends. Current residential, commercial, industrial, public, agricultural, and designated future land use for vacant parcels adjacent to the alignment are to be collected. It is also necessary to collect data on active development activity within the highway corridor, especially preliminary and filed plats which have the potential for dedication of highway right-of-way available. The CONSULTANT shall further become familiar with the study area by making location visits to further ground truth mapped features and reveal unmapped features that potentially could impact or influence the selection of a Preferred Alternative(s). Observations of unmapped features would include: · · · · · · Pedestrian movement and critical linkages with commercial and institutional sites Bicycle usage/traffic Recreational site usage Visual/scenic resources Noise sensitive sites (noise monitoring) Unmapped wetlands The CONSULTANT shall develop a CADD data base that includes all existing environmental features. This information is to be included on the Corridor Base Map(s). Utilizing this data, the CONSULTANT shall perform the environmental analysis necessary to compare the environmental impacts of the proposed project design alternatives. The environmental analysis will be performed concurrently with the engineering analysis and lhe development of design alternatives. Bo Analysis of Social Impacts 1. Land Use Information The CONSULTANT is responsible for the following: Collect data regarding past and present land usage as well as future land use plans, proposed developments, current zoning, municipal comprehensive plans, and observed growth trends. Collect data required to prepare corridor analysis maps indicati'ng current residential, commercial, industrial, public, agricultural, and designated future land use for vacant parcels adjacent to the alignment. SAGS'~ARFxINTERLOCAL\CR 951 REVISED SCOPE 6-21-02DOC A- 13 6/4/03 1,6 6 2. Cultural Features The CONSULTANT shall collect the data necessary to identify the Community Facilities listed in Part 2, Chapter 9 of the PD&E Manual, and also to identify any Section 4 (f) lands, (parks, recreation areas, wildlife refuges), bikeways, managed conservation land, as further described in Part 2, Chapters 13 and 14 of the PD&E Manual. The CONSULTANT shall develop a CADD data base that includes all existing cultural features. CADD data base information shall be compatible for use in aerial photography used for public hearing presentations, corridor maps, and alternative plans. o Social-Economic Impacts Analysis The CONSULTANT shall perform an analysis of the social-economic impacts of all proposed design alternatives as described in Part 2, Chapters 9, 13 and 14 of the PD&E Manual. Upon Notice to Proceed, the CONSULTANT shall conduct an overview study of the study area and adjacent community to explore the socioeconomic issues, features, activities that are early and influential shaping factors in the development of this project[]s preferred typical section and viable design alternative(s). The analysis shall include a comparison of recreational use changes when evaluating water quality issues. The level of analysis should be appropriate for understanding the area's socioeconomic setting and as appropriate for an EIS. This effort will also address the FDOT's Community Impacts Assessment process. Right-of-way Acquisition and Relocation Analysis The CONSULTANT shall perform the analysis necessary to complete a Conceptual Stage Relocation Plan for the proposed design alternatives as described in Part 2, Chapter 11 of the PD&E Manual. 5. Archaeological and Historical Features Analysis The CONSULTANT shall conduct a Cultural Resource Assessment Survey (CRAS) in compliance with the provisions contained in Chapter 267 of the Florida Statutes and in accordance with the FDOT PD&E Manual Part 2, Chapter 12. The purpose of this survey is to locate, identify and document any cultural resources, prehistoric or historic, associated with this project and to assess the significance of these resources in terms of eligibility for listing in the National Register of Historic Places (NRHP) according to criteria set forth in 36 CFR Section 60.4. The CRAS study area will include the preferred alignment and proposed stormwater retention/mitigation areas. The CONSULTANT shall provide a final report with appropriate documentation detailing the results of the survey and the final assessments of resource significance. The report shall contain a Florida Site File (FSF) form on all identified cultural resources and a NRHP Determination of Eligibility (DOE) package on all resources determined to be potentially significant. 'In the case of historic resources, the DOE package shall include a NRHP Registration Form with accompanying documentation. S:\GSkARFd'NTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A- 14 6/4/03 1686 Project personnel shall meet the minimum criteria for archaeologists, historians, architectural historians and other professionals as set forth in the Secretary_ of the Interior's Standards'and Guidelines for Archaeology and Historic Preservation and 48 CFR 44716. o Determination of Section 4(f) Involvement The CONSULTANT shall determine if Section 4(f) resources are present and prepare Determinations of Applicability (DOA['Is) for all properties affected by any proposed design alternatives, and if so, evaluate and document the impacts to the Section 4(0 property as described in Part 2, Chapter 13 of the PD&E Manual. o Visual and Aesthetic Impact Analysis The CONSULTANT shall analyze the visual and aesthetic impacts of all proposed design alternatives as described in Part 2, Chapter 15 of the PD&E Manual. Additional description of this analysis is contained in Task 4-B-4:d. o Farmlands Impact Analysis The CONSULTANT shall follow the Farmland Assessment Process and determine if a Farmland Evaluation is required by any proposed design alternatives, and if so, perform the Farmland Evaluation as described in Part 2, Chapter 28 of the PD&E Manual. Ce Analysis of Natural Impacts Hydrologic and Natural Features The CONSULTANT shall collect all the data necessary to perform an assessment of the impacts of the proposed alternatives in the following areas. · · · · · · · · Threatened and Endangered Species (~art 2, Chapter 27 of the PD&E Manual) Aquatic Preserves (Part 2, Chapter 19 of the PD&E Manual) Wetlands (Part 2, Chapter 18 of the PD&E Manual) Outstanding Florida Waters (Part 2, Chapter 21 of the PD&E Manual) Water Quality (Part 2, Chapter 20 of the PD&E Manual) Floodplains and Floodways (Part 2, Chapter 24 of the PD&E Manual) Wild & Scenic Rivers (Part 2, Chapter 3 of the PD&E Manual) Coastal Zone Consistency (Part 2, Chapter 25 of the PD&E Manual) The CONSULTANT shall develop a CADD data base that includes all existing hydrologic and natural features. CADD data base information shall be compatible for use on aerial photography used for public hearing presentations, corridor maps, and alternative plans. SAGSkARI~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC 6/4/03 A-15 16B6 Identify Possible Permits In conjunction with the collection of data related to wetlands, Outstanding Florida Waters, Aquatic Preserves, and Wild and Scenic Rivers, the CONSULTANT shall obtain permit related information about sites which may require dredge and fill permits, water quality permits, or stormwater discharge permits. This includes identifying all involved permit agencies. o Wetland Impact Analysis The CONSULTANT shall analyze the impacts to wetlands for all proposed design alternatives as described in Part 2, Chapter 18 of the PD&E Manual. The CONSULTANT shall conduct an overview of the project corridor for wetlands involvement upon the Notice to Proceed. Wetland sites will be located and described and their values assessed. This information will be used to develop a preferred typical section and design altemative(s) which attempts to avoid or minimize wetland impacts. Once a Preferred Alternative(s) is selected, the CONSULTANT shall conduct a comprehensive assessment of the wetland impacts in accordance with Part 2, Chapter 18 of the PD&E Manual. The level of evaluation will depend on the extent of impacts. The CONSULTANT should expect to carry out evaluations to at least Level 2. Wetland delineation will be based on the current federal procedure for identifying and delineating jurisdictional wetlands. The CONSULTANT shall quantify the project[Is cumulative impacts to wetlands and secure an informal consultation with the environmental and regulatory agencies with jurisdictional permitting authority. This is done to get a preliminary understanding of what mitigative commitments might be required for the approval of permits. The information obtained by these aforementioned tasks/activities will be subsequently organized into the Wetlands Evaluation Report for distribution to the permit and review agencies. The CONSULTANT shall provide a separate Wetland Evaluation Report in accordance with Part 2, Chapter 18 of the PD&E Manual. The Wetlands Evaluation Report will include the Florida Land Use Cover and Forms Classification System (FLUCFCS) Code for all described wetlands. Impacts will be listed in table form in the report, along with the acreage of impact anticipated and the FLUCFCS code, for each wetland impacted. The CONSULTANT shall take reproducible photographs arid prepare graphics for the development of this report. The report shall be developed early in the PD&E study in order to obtain meaningful comments from environmental and regulatory agencies. This report shall be distributed, as appropriate, to the following agencies: · · · · · Florida Department of Environmental Protection Florida Fish and Wildlife Conservation Commission South Florida Water Management District United States Army Corp of Engineers United States Fish and Wildlife Service S:\GSLMtAVqNTERI,OCAL~CR 951 REVISED SCOPE 6-21-02.DOC A- 16 6/4/03 16 6 United States National Marine Fisheries Service United States Environmental Protection Agency Conceptual Mitigation Plans The CONSULTANT shall prepare conceptual mitigation plans, if required, as described in Part 2, Chapter 18, of the PD&E Manual. The conceptual mitigation will be documented as part of the Wetland Evaluation Report and will be included in the Environmental Document. Wildlife and Habitat Impact Analysis The CONSULTANT shall analyze potential impacts to wildlife and habitat by all proposed design alternatives as described in Part 2, Chapter 27 of the PD&E Manual. If Federally-endangered or threatened species or ade. signated critical habit is involved, the CONSULTANT will conduct and prepare the Endangered Species Biological Assessment (ESBA) in accordance with Part 2, Chapter 27 of the PD&E Manual. The ESBA will include an analysis of potential impacts to Federal and State listed species and other wildlife and habitat, conceptual mitigation requirements, standard protection measures, where applicable, and a commitments and recommendations section detailing all agency requirements which must be met before construction begins. If a formal ESBA is not required, the CONSULTANT will prepare a Listed Species Report which will include all information required in an ESBA except the conceptual mitigation requirements. The CONSULTANT shall request comments from appropriate Federal, State and local agencies as to specific permits required, significance of impacts, required mitigation, and any specific concems about the project or its impacts. The specific sequence of this coordination is detailed below. ao Initial Coordination After completion of preliminary data collection, species list compilation, and initial corridor fieldwork, coordination must be opened with the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS). The purpose of this letter is to discuss the initial findings and present a tentative species list. The letter must ask for concurrence with the species list as developed and, if the initial survey indicates the presence of species which normally require specific surveys, request their concurrence and any additional information they have. Concurrence Letter After the CONSULTANT has completed all of the required surveys, the results must be presented to the agencies (FFWCC and USFWS) for concurrence. This will require the forwarding of the draft report for their review and comments. All agency communications must be included in the final report. S:\GSL~.F'~TERLOCAL\CR 9~1 REVISED SCOPE 6-21-02.DOC A- 17 6/4/03 16 86 Aquatic Preserve Impact Analysis If applicable, this analysis will be conducted in accordance with Part 2, Chapter 19 of the PD&E Manual and included in the Wetland Evaluation Report. Outstanding Florida Waters and Wild and Scenic Rivers Impact Analysis If applicable, this analysis will be conducted in accordance with Part 2, Chapter 21 of the PD&E Manual and included in the Wetland Evaluation Report. Dw Analysis of Physical Impacts Air Quality Impact Analysis The CONSULTANT shall perform the air quality impact analysis for the proposed design alternatives as described in Part 2, Chapter 16 of the PD&E Manual. Traffic for Air Quality Analysis will be prepared by the CONSULTANT. Noise Impact Analysis The CONSULTANT shall perform the noise impact analysis and barrier evaluation for the proposed design alternatives as described in Part 2, Chapter 17 of the PD&E Manual. The noise impact analysis and barrier evaluation shall be performed by a person(s) who has attended and is certified through the FDOT[]s Traffic Noise Analysis training course. o Contamination Impact Analysis The CONSULTANT shall conduct a comprehensive assessment of contamination involvement. The assessment shall be documented in a Contamination Screening Evaluation Report (CSER). This information will be used in developing the projectl'ls preferred typical section and design alternatives(s). Procedures shall be in accordance with Part 2, Chapter 22 of the PD&E Manual. Water Quality Impact Analysis The CONSULTANT shall conduct a Water Quality Impact Evaluation (WQIE) for all proposed design alternatives as described in Part 2, Chapter 20 of the PD&E Manual and the FDOT[]s Water Quality Impact Evaluation Manual. The CONSULTANT should also have a copy of the appropriate Water Management Districtl']s Permitting Manual, which may be obtained directly fi.om the Water Management District Office. The completed WQIE form must have the Water Management rule attached to it, as well as the page from the permitting manual that quantifies the amount of water to be treated. S:\GS~MIJeffNTERLOCAL\CR 951 REVISED SCOPE 6-21-02 DOC A- 18 6/4/03 1686 Floodplain Impact Analysis The CONSULTANT shall analyze the significance of any encroachments to floodplains and floodways by all proposed design alternatives as described in Part 2, Chapter 24 of the PD&E Manual. The documentation will require the inclusion of the encroachment categories, listed in the above referenced PD&E Manual chapter. o Coastal Barrier Resource Analysis If applicable, the CONSULTANT will analyze the impact to Coastal Barrier Resources in accordance with Part 2, Chapter 26 of the PD&E Manual. o Construction Impact Analysis The CONSULTANT shall analyze the construction impacts of all proposed design alternatives as described in Part 2, Chapter 30 of the PD&E Manual. Environmental Reports The CONSULTANT shall document the results of the environmental data collection and analysis performed as part of this Scope of Services in a series of reports as detailed below. The environmental reports prepared by the CONSULTANT will comply with all the procedures listed in Part 1 of the PD&E Manual, and will also follow the format and include all content described in Part 2 of the PD&E Manual. Advance Notification The CONSULTANT will be responsible for preparation of the Advance Notification Package. 2. Cultural Resources Assessment Survey The CONSULTANT shall prepare the Cultural Resources Assessment Survey and a Cultural Resource Assessment Request Package for each affected resource as described in Part 2, Chapter 12 of the PD&E Manual and in Section D, above. The CONSULTANT shall also assist the COUNTY with the preparation of any required Memorandums of Agreements. The Case Study Report (Criteria of Effects), if necessary, will be done by the CONSULTANT. Section 4(f) Evaluation If required, the CONSULTANT shall prepare the Determination(s) of Applicability (DOA) to determine the applicability of Section (4f) to any parks, recreation areas, wildlife and waterfowl refuges, and/or historic sites within the project study area. Section (4f) procedures are described in Part 2, Chapter 13 of the PD&E Manual. The CONSULTANT will be responsible for preparing any correspondence required. S:\GS'~RFWNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A- 19 6/4/O3 1686 Air Ouali _ty Report The CONSULTANT shall prepare the Air Quality Report as described in Part 2, Chapter 16 of the PD&E Manual. Noise Study Report The CONSULTANT shall prepare the Noise Study Report as described in Part 2, Chapter 17 of the PD&E Manual. o Wetland Evaluation Report The CONSULTANT shall provide a separate Wetland Evaluation Report in accordance with Part 2, Chapter 18 of the PD&E Manual. Water Quality Impact Evaluation The Water Quality Impact Evaluation (WQIE) will be prepared as described in Part 2, Chapter 20 of the PD&E Manual and the FDOT's Water Quality Impact Evaluation Manual. The WQIE shall be performed and signed by a person(s) who has attended, and is certified through, the FDOTI'ls WQIE Manual training course. o Contamination Screening Evaluation Report The CONSULTANT shall provide a Contamination Screening Evaluation Report in accordance with Part 2, Chapter 22 of the PD&E Manual. Hazardous material sites and petroleum sites shall be addressed in separate sections of the report Endangered Species Biological Assessment/Listed Species Report The Endangered Species Biological Assessmem (ESBA) will be prepared in accordance with Part 2, Chapter 27 of the PD&E Manual. The determination of which document type will be needed will be determined as the project progresses. 10. Permit Coordination Package This process consists of obtaining permit-related information about bridge clearances and wetland sites which may require dredge and fill/water quality permits or storm water discharge permits. This information shall subsequently be organized into a permit coordination package for distribution to the various jurisdictional agencies. Permit and permit review agencies to be considered include but are not limited to, the Federal Highway Administration, Florida Department of Tr. ansportation, U.S. Army Corps of Engineers, Florida Department of Environmental Protection, South Florida Water Management District, local environmental agencies, Florida Fish and Wildlife Conservation Commission, National Marine Fisheries Service, U.S. Fish & Wildlife Service, Environmental Protection Agency, and Lee County. 6/4/03 S:\GS'uMI. F',INTERLOCAL\CR 951 REVISED SCOPE 6-21-02 DOC A-20 1686 11. Visual and Aesthetics Impact Report The CONSULTANT shall prepare a report which summarizes the visual and aesthetic impacts of viable design alternatives. 12. Environmental Impact Statement An Environmental Impact Statement is the expected level of environmental documentation required for this project. The CONSULTANT will do all the work required for the Class of Action Determination. The CONSULTANT shall prepare a Draft EIS as described in Part 1, Chapter 6 of the PD&E Manual. After the Draft EIS is accepted by the COUNTY and approved by the Federal Highway Administration, the CONSULTANT will prepare a Notice of Availability. After a Public Heating is held, the CONSULTANT shall update the Draft EIS and prepare a Final EIS as described in Part 1, Chapter 7 of the PD&E Manual. Task 4 - Engineering Data Collection~ Analysis and Reports The CONSULTANT shall perform the services outlined in this section necessary to develop engineering alternatives that satisfy the project's need. This effort consists of collecting essential data, analyzing and comparing viable alternatives, and documenting engineering decisions and recommendations. The CONSULTANT shall coordinate and perform the appropriate level of engineering analysis for this project as outlined in Part 1, Chapter 9 of the PD&E Manual and the following sections. A. Engineering Data Collection Immediately following the Notice to Proceed, the CONSULTANT shall begin preliminary assessments of the study area from an engineering and environmental standpoint. This task is largely of a data gathering nature. This activity consists of collecting various information and materials relative to the performance of engineering and environmental analyses within the study area. The information should include all data necessary to perform adequate evaluation of the location and design of an improved transportation facility for the corridor. 1. Aerial Photography The CONSULTANT shall use the following scales of black and white aerial photography for this project. A scale of 1" = 100' will be used for base maps, conceptual design plans, land use and property ownership inventory, ecological community delineation, noise modeling, engineering and environmental analysis, alternative anal. ysis, coordination meetings, and Public Heating displays. A scale of 1" = 400' photography will be used for the initial corridor water quality and ecological analysis phase of the study. The CONSULTANT shall provide the targets needed for the aerial photography. SAGSLa-RF~ERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-21 6/4/03 1696 2. Existing Highway Characteristics This task includes gathering data on pertinent corridor physical features and conditions which help in better understanding the existing roadway and bridge segments under consideration in this contract. Most of this information is available from the COUNTY; however, other references including field observations and interviews with local agencies and individuals will yield additional data. Possible sources include project files, contract documents, right-of-way maps, drainage maps, as built plans, and prior studies. The CONSULTANT shall be responsible to procure all the engineering data listed in Part 1, Chapter 9 of the PD&E Manual and other data necessary to conduct a PD&E study and prepare a Preliminary Engineering Report. The CONSULTANT shall develop a CADD data base, supported by computer spread sheets, that includes all existing highway characteristics noted above, as appropriate. CADD data base information shall be compatible for use on aerial photography used for displays, the Corridor Base Map(s), and ConceptUal Design Plans. 3. Traffic Data The CONSULTANT will furnish a project traffic report which will meet the total traffic needs for the proposed study and include the following: ! · · · Existing Condition AADT Future Condition - Forecasted 2005, 2010, and 2025 AADT Traffic Characteristics Manual Pedestrian and Bicycle Counts Forecast Methodology 4. Accident Data The CONSULTANT is required to obtain though the COUNTY and state and local sources available data on automobile accidents along the project corridor for the previous five years. The data collected will be analyzed and summarized in an appropriate manner to identify locations or trends that potentially relate to geometric or other existing physical conditions that should be corrected or mitigated. 5. .Utilities The CONSULTANT shall identify the following existing and proposed utilities which may influence location and design considerations: Overhead: Transmission lines, microwave towers, etc. Underground: Water, gas, sanitary sewer, force mains, power cables, telephone cables, etc. S:\GSkARI:MNTERLOCAL\CR 951 REVISED SCOPE 6-21-02 DOC A-22 6/4/03 1686 o Transportation Plans The CONSULTANT shall obtain plans for all modes of transportation including surface, transit and non-motorized modes. The following plans or studies should be obtained: Urban Area Transportation Study and the Lee County Cost Feasible and Needs Plans Local comprehensive plans: City and County Transit: rail, bus, other Non-motorized modes, including bikeways and pedestrian walkways Interview local officials and identify the following factors: existing and projected road user types including handicapped and the elderly; existing and projected high traffic generators; existing and anticipated hazards; high crash or problem locations. 7. Soils Survey and Geotechnical Data The CONSULTANT will provide all soils and geotechnical support for this project. General geotechnical information will be collected for use in preliminary evaluation of alternatives. Final written report shall be provided for the final alternative(s) only. The CONSULTANT shall provide a written geotechnical report based on review of existing information, field reconnaissance and field borings, as necessary, to identify soils-related problem areas. The report shall include anticipated soil conditions along the roadway and/or at structure sites and recommendations for treatment of problems that will hinder or preclude design and/or construction. B. Engineering Analysis Utilizing the data collected as part of this Scope of Services, the CONSULTANT shall perform the engineering analysis necessary to complete the Project Development Process described in Part 1, Chapter 9 of the PD&E Manual. The task of Eagineering Analysis will be ongoing throughout the duration of the project and will be performed with consideration of the results of the environmental impact analysis. 1. Project Need The CONSULTANT shall establish the need for the facility improvements. In addition, the CONSULTANT will verify the purpose and need for the project in accordance with Part 2, Chapter 5 of the PD&E Manual. This effort will include travel demand forecasting (FSUTMS modeling) in support of identifying the technical need for the project from a traffic standpoint. Travel demand forecasts and resultant design traffic will be developed for the build and no-build conditions for the opening year, mid-year, and design year alternatives. The results of this effort wili be documented in a Design Traffic Technical Memorandum/Report. S:\GSVO~MNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-23 6/4/03 1 86 2. Base Map(s) The CONSULTANT shall plot, delineate and label pertinent cultural and natural and geopolitical features bordering the alignments on 1" = 10ft aerial photography for subsequent use in the evaluation and development of the Conceptual Design Plans. The Base Map(s) must include, at a minimum: · · · · · Number of lanes, signals, crosswalks, cross drains, existing intersections, and drainage easements Street names and highway numbers All pertinent cultural and natural features Locate north arrow, scale and aerial flight date at upper-mid portion of the plan sheets Existing and proposed rights of way and platted property lines All public and private development, as well as archeological or historic sites Significant features which could be impacted by the project, especially wetlands, seagrass locations, and endangered species habitat, floodplain, flood prone areas and navigation channels Hazardous material and petroleum use sites Noise isopleth at 65 dBA Establish logical termini giving consideration to directness, length, and service Utility easements All land use information (names of establishments, etc.); current zoning, future land use (per Comprehensive Plan) for vacant properties New data as it becomes available to keep the Corridor Base Map(s) up to date 3. Conceptual Design Analysis The CONSULTANT shall develop and analyze conceptual design alternatives as described in Part 1, Chapter 9-2.3 of the PD&E Manual. The objective of the conceptual design and preliminary engineering analysis is to develop viable design alternatives based on standard engineering practice which provide an appropriate highway level of service commensurate with the social, economic, and environmental impacts involved. The CONSULTANT shall recommend to the COUNTY the most feasible design alternatives which will maximize the capacity of the proposed facility while providing the COUNTY a safe, environmentalrly sensitive, route. The design of the proposed improvement shall be established and developed in conceptual form, but in sufficient detail, to permit definitive analysis. The analysis of the design alternatives shall identify the nonviable design alternatives and provide documentation for rejection. The more viable design alternatives shall be further evaluated to a point where Conceptual Design Plans can be developed. It is anticipated that six (6) preliminary alignment alternatives will be developed and evaluated. Up to six (6) viable design alternatives may be selected for further detailed analysis. S:\GSkARFxINTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-24 6/4/03 1686 4. Design Alternatives Evaluation and Selection The CONSULTANT shall identify, develop, and analyze feasible design alternatives as outlined in Part 1, Chapter 9 of the PD&E Manual. For each design alternative, the CONSULTANT shall determine: · · · · · · · · · · · · · · · Horizontal and vertical alignment Typical section Preliminary right-of-way costs Preliminary drainage to the extent of identifying required outfalls Traffic data Geometric concepts of intersections, access to recreational areas, and adjacent property Existing and proposed utility location to the extent they affect the decision process Soils data Extent of improvement to all connecting and/or intersecting roads Acreage involved Preliminary structure concepts and locations Location of detention/retention basins as may be required Locations of noise barriers Affect on navigation Other such design features as may be pertinent a. Typical Section Evaluation Typical sections to be evaluated for this project shall include four-lane divided typical sections expandable to six lanes, with auxiliary lanes when required for safety and access. In addition, during this phase of the study an evaluation will be conducted to determine the feasibility of accommodating pedestrians and bicycles on the improved facility. With consideration of business and residential development, drainage requirements and enviro/unental impacts, the CONSULTANT will establish the type of design (urban or rural) for the proposed facility. Right-of-way limits, type of facility, level of service, design speed, drainage features, aesthetics, landscaping, existing typical section, and environmental impacts are major points to be considered in the design of a typical section. b. Alignment Alignments shall be refined in conjunction with the typical sections to identify design alternatives. Alignments shall be evaluated by using all documented data collected including but not limited to: natural and cultural features, existing and proposed development, maintenance of traffic, hazardous material and petroleum contamination, and fight-of-way. Right-of-way estimates shall be prepared on prints of the Corridor Base Map(s). The estimates shall be on four (4) idenl~ical sets of prints having the right-of-way lines color coded (existing right-of-way lines in green, proposed fight-of- way lines in red). Before preparing these prints, the CONSULTANT and the COUNTY shall jointly decide which design alternatives shall be evaluated for fight-of-way, business and relocation costs. S:\GSLa,-RF~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02,DOC A-25 6/4/03 1686 c. Geotechnical (See 4-B-4-c) d. Structures The CONSULTANT shall provide the COUNTY with a Bridge Analysis Report (BAR) in accordance with Section 26.8, Volume I of the Plans Preparation Manual for the viable structural alternatives associated with the chosen alignment(s). 5. Conceptual Drainage Analysis The CONSULTANT shall perform conceptual drainage design in order to determine potential outfall locations and preliminary sizes (volume and area) of required detention and/or retention facilities for storm water treatment or attenuation'. The location and size of potential detention/retention areas will be determined for all viable design alternatives as necessary to determine preliminary right-of-way costs for each evaluated typical section. In addition, since this project may involve a bridge structure, the following items will be addressed in the hydraulics report: · Conceptual bridge length · Preliminary vertical grade Close coordination will be maintained within the consultant team during the preparation of the BAR and LHR reports. During the preparation of the LHR, hydraulic modeling will be necessary for the bridges and waterway. The recommended bridge lengths shall be determined based upon the minimum hydraulic structures, environmental length, safe~y, maintenance, constructability, etc. The intent is to obtain a permittable recommended bridge length which meets project requirements and current bridge design standards and criteria. 6. Cost Analysis The CONSULTANT shall develop cost estimates for each design alternative, including: Construction cost estimates for all design alternatives including order of magnitude conceptual maintenance of traffic costs. Estimates of right-of-way acquisition costs, including cost estimates for relocations and business damages Estimates of life-cycle costs for operation and maintenance of design alternatives S:\GSLM~MNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-26 6/4/03 Comparative Analysis of Design Alternatives After developing the viable design alternatives and costs, the CONSULTANT will prepare a matrix comparing the significant impacts and costs of the design alternatives evaluated as described in Part 1, Chapter 9-2.3.7 of the PD&E Manual, with a recommendation of the most viable design alternative(s). The CONSULTANT shall present their recommendations to the COUNTY for consideration. The COUNTY will determine which viable design alternative(s) will be evaluated further through the Public Involvement Process and environmental analysis. The possibility exists that the No-Build alternative may be selected at this point. a. The types of information evaluated in this task include: Construction costs - Develop the construction costs estimate; include cost for engineering and contingencies. Right-of-way costs, business damages and relocation costs - Estimates will be prepared to include land value, severance, court awards, settlements, and data relative to business damages. These estimates will be furnished by the CONSULTANT for all viable design alternative(s). · Maintenance of traffic costs. Engineering Costs - Estimated cost to prepare construction plans and costs for Construction Engineering Inspection (CEI) Relocation Plan - The CONSULTANT will prepare the Conceptual Stage Relocation Plan in accordance with Part 2, Chapter 11 of the PD&E Manual and review will be provided by the COUNTY. Bicycle Facilities - Identify viable typical sections that accommodate bicycle facilities and evaluate the probable use in comparison with the cost in accordance with Part 2, Chapter 14 of the PD&E Manual Economic Evaluation - Prepare life cycle cost analysis and cost effectiveness analysis, as necessary. Drainage Features - Identify major drainage features and the requirements for obtaining permits inherent in each design alternative Environmental Impacts - Analyze impacts, such as air, noise, water pollution, wetlands, seagrass, and floodplain encroachment, 4(f) inv. olvement, etc. · Traffic Impacts - Determine LOS for each design alternative for design year S:\GSkARF'dNTERLOCAL\CR 951 REVISED SCOPE 6-2 [-02.DOC A-27 6/4/03 16 6 Utilities - The CONSULTANT shall conduct utility coordination and prepare a Utility Assessment Package in accordance with Part 2, Chapter 10 of the PD&E Manual. Hazardous Material and Petroleum - Evaluate contamination cleanup costs and production delays Transportation Plans - Determine conformance with local comprehensive plans, both city and COUNTY b. Proposed design altemative solutions Following performance of the comparative analysis of design alternatives, the COUNTY will select the viable design alternative(s). The information amassed thus far will be the basis upon which the decisions are made. The possibility exists that the No-Build Alternative may be selected at this point. The CONSULTANT will follow the procedures outlined in Part 1, Chapter 9-2.3.7 of the PD&E Manual. c. Conceptual Design Plans After the viable design alternatives are selected, the CONSULTANT shall prepare Conceptual Design Plans of the selected design alternatives in reproducible form on the Base Map(s). Prints of the Conceptual Design Plans shall be prepared for use in review, at public meetings and for further refinement. d. Final Recommendation of Preferred Alternative The CONSULTANT shall recommend a Preferred Alternative(s) based on a review and analysis of all engineering, environmental, and Public Involvement issues related to the project. It is anticipated that two (2) preferred build alternatives may be presented along with the no-build alternative at the Public Hearing. C. Engineering Reports The CONSULTANT shall document the results of the data collection efforts and the engineer/ng analysis performed as part of this Scope of Services. The engineering reports and documents shall be prepared as outlined in Part 1, Chapter 9 of the PD&E Manual. The task of documentation includes the preparation of draft reports prepared by the CONSULTANT for review and comment by the COUNTY prior to producing final reports and documents. 1. Base Map(s) The CONSULTANT will prepare the Base Map(s) on aerial photography. S:\GS~MbC~qTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC 6/4/03 A-28 2. Preliminary Engineering Report The CONSULTANT shall prepare a Preliminary Engineering Report (PER) to document the Project Development Process. Included in the report will be the typical sections and Conceptual Design Plans of all viable design alternatives and the Preferred Alternative(s). The Conceptual Design Plans included in the PER shall be folded to standard size sheets. a. First Draft Preliminary Engineering Report The information amassed thus far shall be submitted in the first draft PER, as outlined in Part 1, Chapter 9 of the PD&E Manual. The first draft PER shall be submitted to the COUNTY for review. The report shall follow the recommended chapter format. b. Second Draft Preliminary Engineering Report The first draft PER shall be updated to reflect all changes resulting from any Alternatives Public Workshop(s) and from the Value Engineering review. The second draft shall be submitted to the COUNTY for review concurrently with the pre-draft environmental reports. c. Final Preliminary Engineering Report Following the Public Hearing, and allowing sufficient time for all comments to be reviewed, the CONSULTANT shall recommend the Preferred Alternative(s) to the COUNTY. Once approved by the COUNTY, the CONSULTANT shall prepare the final PER. This document shall address the engineering issues raised at the heating and effect disposition of same in coordination with the COUNTY. This action is an important part of the study process and shall involve appropriate CONSULTANT personnel studying these suggestions. Recommendations and commitments must be included. The CONSULTANT shall determine feasible segments for construction projects within the project corridor in consideration of budget, priority needs, maintenance of traffic and the public demand for the improvement. The CONSULTANT shall certify the adequacy and completeness of the final PER. The report shftll be signed, sealed and dated by a Professional Engineer registered in the State of Florida. 3. UtiliW Coordination Package The CONSULTANT shall prepare a Utility Assessment Package as described in Part 2, Chapter 10 of the PD&E Manual. ' S:~GS'xARF~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-29 6/4/03 16g 6 Location Hydraulic Report The CONSULTANT shall prepare a Location Hydraulic Report (LHR) as described in Part 2, Chapter 24 of the PD&E Manual. The CONSULTANT shall coordinate with the COUNTY to identify any historic maintenance problems involving drainage or flooding. The history and past hydraulic performance should be noted on all structures. The CONSULTANT shall obtain any stormwater management or master drainage plans. The CONSULTANT shall coordinate with FEMA, the appropriate Water Management District and local agencies to determine the project[Is consistency with regulated floodways. Summarize the LHR in the Environmental Document including, but not limited to the following: Evaluate feasibility and prudence of any design alternatives avoiding floodplains Determine the effect the project will have on use of the facility for emergency services and evacuation. Determine impacts of the encroachments to natural floodplain values - flora, fauna, open space, ground water recharge, water quality, etc. (see Paragraph 4(I) of 23 CFR 650A) Based on the above assessment of impacts, determine the risk and significance of the encroachment. The encroachment categories are to be listed in the report. These can be found in the PD&E Manual, Part 2, Ch. 24. The CONSULTANT shall certify the adequacy and completeness of the final LHR. The report shall be signed, sealed and dated by a Professional Engineer registered in the State of Florida. 5. Geotechnical Report (See 4-B-4-c) Task 5 - Federal Funds The CONSULTANT shall investigate the possibility of obtaining Federal funds. The CONSULTANT shall prepare and submit the necessary forms, requests and/or applications "as needed for determination of funds availability and pay special attention to discretionary funds which will not count against the allocation of normal funds. Task 6 - FDOT/FHWA Coordination The CONSULTANT shall assist the COUNTY with FHWA coordination including determination of the type of NEPA documentation and approval process. The Coordination shall be initiated with the Project Scoping Meeting and continue through documentation approval. The coordination is S:\GS'Odlk'MI'qTERLOCAL\CR 951 REVISED SCOPE 6-21.02DOC A-30 6/4/03 1696 anticipated to require no more than three (3) meetings in Tallahassee to meet with FHWA/FDOT staff. Task 7 - Design/Right-of-Way Surveys The COUNTY will furnish any right of way survey information necessary for this project. Task 8 - Right-of-Way Manoine The COUNTY will furnish any Right of Way Mapping services necessary for this project. Task 9 - Geotechnicai The CONSULTANT will provide necessary geotechnical services for this project. Task 10 - Non-Personnel Reimbursement Expenses and Costs The CONSULTANT shall submit to the COUNTY, as specified in Attachment 2 to Exhibit B, non- personnel reimbursement expenses and costs required to conduct the study. Task 11 - Optional Services Section 106 (Historic and Archaeological) Coordination: If the State Historic Preservation Officer determines the Section 106 Consultation process is necessary, it will be completed as an optional service. Task 12 - Study Requirements and Provisions for Work Governing Regulations The services performed by the CONSULTANT,~hall be in compliance with all applicable Manuals and Guidelines. The Manuals and Guidelines incorporate by requirement or reference all applicable State and Federal regulations. The current edition, including updates, of the following Manuals and Guidelines shall be used in the performance of this work. American Association State Highway Officials, A Policy of Geometric Design of Highwa}/s and Streets 23 CFR 650A 23 U.S.C. Highways 42 U.S.C. 4332(2) (c), popularly known as Section 102(2) (c) of the National Environmental Policy Act of 1969, P.L. 91-190 49 R.S.C. 1653 (f), popularly known as Section 4(0 of the Department 'of Transportation Act of 1966, P.L. 89-670 S:\GSL~RFdNTERLOCAL'~CR 951 REVISED SCOPE 6-21-02.DOC A-31 6/4/03 16B6 · · · · · · · · · · · · · The National Historic Preservation Act of 1966 (P.L. 89-665) and Executive Order No. 11593 (Protection and Enhancement of the Cultural Environment) as implemented in Procedures for the Protection of Historic and Cultural properties, 36 CFR 800 The Endangered Species Act of 1973 (amended 1978), 16 U.S.C., (P.L. 93-205) Executive Order No. 11990, Protection of Wetlands Executive Order No. 11988, Floodplain Management Chapter 339.155 of the Florida Statutes 23 CFR 770 23 CFR 771 23 CFR 772 All issuances and related COUNTY Policies and Directives governing the implementation of the previously mentioned regulations Soils and Foundations Manual Highway Capacity Manual, Special Report 209 Chapter 334.24 Florida Statutes 23 CFR 650A FDOT Structural Guidelines The standards referred to and recommended in the AASHTO and the COUNTY[]s Design Criteria related to highway safety shall be used to the extent applicable. The horizontal and vertical alignments developed by the CONSULTANT shall be the best engineering solution to a given problem and not merely and adherence to the minimum AASHTO standards. Be Project Schedule Within ten (10) days after the Notice-To-Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity/event schedule for the COUNTY. C. Key Personnel The CONSULTANT'S work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. D. Progress Meetings & Reports The CONSULTANT, with appropriate sub-consultants, shall meet with the COUNTY monthly and provide written progress reports and other presentation materials which describe the work performed on each task. Progress reports shall be delivered to the COUNTY concurrently with the monthly draft invoice. Judgments on whether work of sufficient quality and quantity has been accomplished will be made by the COUNTYDs Project Manager. S:\GSLARFffNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-32 6/4/03 E. Submittals The CONSULTANT shall furnish prints, sepias and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide copies of the required prints, sepias and documents as listed below. These are the anticipated printing requirements for the project. The tabulation will be used for estimating purposes. Generally, there are two (2) draft and four (4) final copies for COUNTY review plus the appropriate number for the FHWA & FDOT and permitting agencies. l)(3('I IMFRTT Typical Section Report Contamination Screening Cultural Resources Assessment Survey Noise Study Report Air Quality Report Listed Species Report Water Quality Impact Wetland Evaluation Report Preliminary Engineering Report Location Hydraulic Report Public Heating Transcript Comments and Coordination Report Utility Assessment Package Draft/Final EIS Section 4(t3 Evaluation QTY. SHEET SIZE 08 81/2"x 11" 08 81/2"x 11" 10 81/2"xl 1" 08 81/2"xl 1" 08 81/2"x 11" 10 81/2"xl 1" 10 81/2"x11" 15 81/2"xl 1" 22 81/2"xl 1" 08 81/2"x11" 10 81/2"x 11" 10 81/2"xl 1" 05 81/2"xl 1" 50/100 81/2"xl 1" 08 81/2"x 11" Upon completion of the study, the CONSULTANT shall compile and deliver to the COUNTY a comprehensive project file including all project correspondence, data, maps, sketches, worksheets, and other materials used or generated during the study process. F. County Services The COUNTY shall provide those services and materials as set forth below: 1. Project data currently on file. 2. Engineering and Environmental Review Services. S:\GSLARFLtNTERLOCAL\CR 951 REVISED SCOPE 6-21-02DOC A-33 6/4/03 16B6" OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Trish Morgan, Deputy Clerk- Minutes & Records Rosa E. Martinez- Legal Secretary for ~..(.c./t''K, Jacqueline Hubbard Robinson, Assistant County Attorney September 10, 2003 Interlocal Agreement Between Lee & Collier Counties Regarding County 951 PD & E Study-Resolution 2003-236- Agenda 7/29/03 Item #16B6 Please find enclosed the original fully executed agreement. cc: David C. Weigel, County Attorney H: JHR/Lee Count3,/Memo to Minutes & Records trans original agrmt 91003 LEE COUNTY SOUTHWEST FLORIDA 1686 BOARD OF COUNTY COMMISSIONERS Writer's Direct Dial Number: (239) 335-2236 Bob Janes District One Facsimile (239) 335-2606 Douglas R. St. Cerny District Two Ray Judah Distdct Three September 4, 2003 Andrew W. Coy District Four John E. Albion District Five Donald D. Stilwell County Manager James G. Yaeger County Attorney Diana M. Parker County Hearing Examiner Jacqueline Hubbard Robinson, Esq. Assistant County Attorney Collier County Attorney's Office 3301 Tamiami Trail East Naples, Florida 34112-4902 INTERLOCAL AGREEMENT BETWEEN LEE AND COLLIER COUNTIES REGARDING COUNTY ROAD 951 PD&E STUDY Dear Jackie: Pursuant to the Lee County Board of County Commissioners' action at their regular meeting of August 26, 2003, I am providing you with a fully executed, original of the above referenced Interlocal Agreement for your files. In addition, I am providing a copy of Lee County's Budget Resolution No. 03-08-60, relating to the funding of this Interlocal Agreement, as well as the return of an original of Collier County's Resolution No. 2003-236. If you have any questions, please feel free to call. Sincerely, 4. 6(~'v<'c~L ' . ~LA.b't. Andrea R. Fraser .~ Assistant Coun~ Attorney ARF/dm Enclosures xc: James G. Yaeger, County Attorney David M. Owen, Chief Assistant County Attorney Scott Gilbertson, P.E., Director, DOT David Loveland, Transportation Planning Manager, DOT (w/enclosures) HUBBARD - LEE-COLLIER PD&E S'P-.JOYB~IX 398, Fort Myers, Florida 33902-0398 (239) 335-2tll Internet address http://www, lee-county, com Recycled Paper AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER INTERLOCAL AGREEMENT BETWEEN LEE COUNTY AND COLLIER COUNTY REGARDING COUNTY ROAD 951 PROJECT DEVELOPMENT AND ENVIRONMENTAL (PD&E) STUDY This Interlocal Agreement is made and entered into this 26tltlay of august , 2003, by and between LEE COUNTY, a political subdivision and charter county of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof, "LEE", and COLLIER COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof, "COLLIER", collectively, the "Parties" hereto. RECITALS WHEREAS, the Lee County Board of County Commissioners is the governing body in and for Lee County; and the Collier County Board of County Commissioners is the governing body in and for Collier County; and, WHEREAS, both counties are duly empowered pursuant to Florida Statutes, in particular, Section 163.01, Florida Statutes, to enter into Interlocal Agreements for the sharing of certain governmental powers and obligations; and, WHEREAS, the Parties desire to participate in a joint Project Development and Environmental (PD&E) Study to evaluate a roadway corridor beginning at Immokalee Road and C.R. 951 in Collier County and ending at Alico Road in Lee County; and, WHEREAS, the Parties hereto find that entering into this Interlocal Agreement serves a public purpose and is to the public's benefit. S:\GS~ARF\PERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY I.A.wpd ~12A 08/26/03 NOW THEREFORE, the Parties agree to the following terms and conditions hereinafter set forth, LEE and COLLIER intending to be legally bound, hereby agree as follows: SECTION I PURPOSE It is the purpose and intent of this Interlocal Agreement to define the terms and conditions under which joint participation in the C.R. 951 PD&E Study will occur evaluating a roadway comdor beginning at Immokalee Road and C.R. 951 in Collier County and ending at Alico Road in Lee County. All terms and conditions of this Interlocal Agreement shall be interpreted in a manner consistent with, and in furtllerance of, the purposes as set forth above. SECTION II AUTHORITY FOR AGREEMENT COLLIER represents to LEE that the execution and delivery of this Interlocal Agreement has been duly authorized by all appropriate actions of the governing body of COLLIER, has been executed and delivered by an authorized officer of COLLIER, and constitutes a legal, valid and binding obligation of COLLIER. LEE represents to COLLIER that the execution and delivery of this Interlocal Agreement has been duly authorized by all appropriate actions of the governing body of LEE, has been executed and delivered by an authorized officer of LEE, and constitutes a legal, valid and binding obligation of LEE. SECTION III PARAMETERS OF PD&E STUDY A. The PD&E Study will evaluate a roadway corridor beginning at Immokalee Road and C.R. 951 in Collier County and ending at Alico Road in Lee County, according to the proposed Scope of Services and contract with Dyer, Riddle, Mills and Precourt, Inc., attached hereto. S:~,GS~ARF~PERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY I.A.wpd -2- 1686 B. See Attached Scope of Services (Exhibit A). SECTION IV SCOPE OF SERVICES LEE will be solely responsible for managing the PD&E Study, including selection of the Consultant, Dyer, Riddle, Mills & Precourt, Inc. (DRMP). LEE will be solely responsible for managing the PD&E Study, however, LEE will formally notice COLLIER in writing of all public meetings and progress meetings at least two (2) weeks prior to such meeting(s), and wilt be available for up to two (2) presentations to the Collier County Board of County Commissioners at the request of its Chairman. SECTION V COMPENSATION AND METHOD OF PAYMENT COLLIER agrees to pay LEE the principal sum of Two Hundred Fifty Thousand Dollars and 00/100 ($250,000.00) for and in consideration of the services described in this Interlocal Agreement. Payment for participation in the C.R. 951 PD&E Study will be made by COLLIER to LEE within ninety (90) calendar days following execution of this Interlocal Agreement. Any services provided above and apart from the scope of the PD&E Study as set out herein, shall be negotiated between the Parties and paid on an invoice basis. SECTION VI TERM OF AGREEMENT FOR SERVICES This Interlocal Agreement, with respect to the contemplated services to be provided, shall begin on the date as written above and end on the date of full completion of the project, unless renewed or amended by the Parties hereto with the same formalities as this Agreement, and in no event shall extend beyond the completion of the PD&E Study. SECTION VII ASSIGNMENT No assignment, delegation, transfer or novation of this Interlocal Agreement or any part S:~GS~,RF\PERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY I.A.wpd -3- thereof shall be made, unless approved in writing by LEE and COLLIER. SECTION VIII NOTICES Any communication, written or oral, pursuant to this Inteflocal Agreement, shall be directed to the Lee County Department of Transportation, to the attention of Scott Gilbertson, P.E., Director, and the Collier County Transportation Division, to the attention of Edward J. Kant, Director of Transportation/Op erations. SECTION IX AMENDMENT This Interlocal Agreement may only be amended in writing and duly executed by the Parties with the same formalities as this Agreement. SECTION X CONSTRUCTION This Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION XI TERMINATION COLLIER may opt out of the PD&E Study at any time, and thereby terminate this Interlocal Agreement by giving thirty (30) days written notice to LEE. LEE may terminate this Interlocal Agreement for its convenience by giving thirty (30) days written notice to COLLIER. LEE may, without prejudice to any other right or remedy after required notices are provided, terminate this Interlocal Agreement. Should COLLIER reject the PD&E Study Consultant recommendations and terminate this Interlocal Agreement, the project limits may be revised to the corridor line between Bonita Beach Road and Alico Road, and any portion of the original $250,000.00 contribution by COLLIER not expended on the Study will be returned to COLLIER. S:[GS~ARF~PERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY I.A.wpd -4- 1686 If for any reason this Interlocal Agreement is terminated prior to completion of the PD&E Study, LEE will return to COLLIER its proportionate share of the $250,000.00 not expended on the Study. SECTION XII SEVERABILITY If any provision of this Interlocal Agreement is held invalid, the remainder of the Interlocal Agreement shall not be affected thereby, and all other parts of this Interlocal Agreement shall nevertheless be in full force and effect. SECTION XIII LIABILITY The Parties agree that by execution of this Interlocal Agreement, no Party will be deemed to have waived its statutory defense of sovereign immunity, or increased its limits of liability as provided for by Section 768.28, Florida Statutes. SECTION XIV FILING This Interlocal Agreement and any subsequent amendments hereto shall be filed with the Lee County Clerk of the Circuit Court, Minutes Department, and the Clerk of the Circuit Court of Collier County, Minutes and Records Department. S:~GS~ARF\PERMANENT AGREEMENTS\LEE & COLLIER PD&E STUDY I.A.wpd -5- 16B6''" IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the date and year first above written. COLLIER COUNTY: ATTEST: DWIGHT E. BROCK Clerk of.Cg,~rt~? ??.'c~:,... By: 5i DePuty Clerk BOARD OF COUNTY COMMISSIONERS OF TOM HENNING, Chairman "/-Zfl Approved as to Form & Legal Sufficiency: ~-) ~[~cq. uelline Hubbard Robinson A]ssistant County Attorney LEE COUNTY: ATTEST: CLERK OF COURTS Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA By: ~~'C~ Approved as to Form Legal Sufficiency: Andrea Fraser~ // Assistant Count×y~ttorney Office of the County Attorney ATTACHMENT NO. 1 TO EXHIBIT A 1886 SCOPE OF SERVICES CONSULTING ENGINEERING SERVICES CR 951 PD&E STUDY From Immokalee Road/CR 951 to Alico Road COLLER AND LEE COUNTY February 1, 2002 Revised June 21, 2002 6/4/03 Task List 16B6 :" SECTION 1 GENERAL SCOPE STATEMENT .................................................... A-1 General Information ............................................................................... A- 1 SECTION 2 TASKS .................................................................................... Task ! - Preliminary Matters ..................................................................... Do E. Task 2 - Public A. B. Introductory Meeting .......................................................... Initiate Advance Notification ................................................ Public Notice of Intent to Prepare an Environmental Impact Statement ....................................................................... Introductory Agency Meeting ............................................ Co Kickoff Letter .................................................................. & Agency Involvement ....................................................... Public Involvement Program ................................................ Consensus Building Process ................................................ A-2 A-4 A-4 A-4 2. 3. 4. 5. 6. Scope .............................................. Composition ...................................... Relationship to other aspects of the PD&E. Meeting Schedule ............................... Consensus Building Process ..................... Outcome .......................................... A-4 A-4 A-5 A-5 A-5 A-5 A-5 A-6 A-6 A-7 A-7 A-7 Public Meetings/Workshops ....................................................... A-7 1. Public Meetings in Support of the Consensus Building Process ..................................................... 2.Unscheduled Meetings and Presentations ........................ 3.Alternatives Public Workshop ...................................... 4.Coordination Meetings with Local Officials ...................... D. Public Hearing .................................................................. E. Public Involvement Data ...................................................... F. Special Public Involvement Requirements .................................. 1. Identify and Inspect Public Meeting Sites ........................ 2. Correspondence ...................................................... 3. Newsletters and Flyers .............................................. 4. Web Site ............................................................... 5. Comments and Coordination Report .............................. Task 3 - Environmental Data Collection, Analysis and Reports ............................ A. Environmental Data Collection .............................................. B. Analysis of Social Impacts ................................................... 1. Land Use Information ........................................... 2. Cultural Features ..................................................... 3. Social-Economic Impacts Analysis ................................ 4. Right-of-way Acquisition and Relocation Analysis ............. 5. Archaeological and Historical Features Analysis ................ 6. Determination of Section 4(f) Involvement ....................... 7. Visual and Aesthetic Impact Analysis ............................. 8. Farmlands Impact Analysis ......................................... C. Analysis of Natural Impacts .................................................. 1. Hydrologic and Natural Features ................................... A-7 A-8 A-8 A-9 A-9 A-10 A-II A-II A-II A-II A-12 A-12 A-12 A-12 A-13 A-13 A-14 A-14 A-14 A-14 A-15 A-15 A-15 A-15 A-15 6/4/03 2. Identify Possible Permits ............................................ A- 16 3. Wetland Impact Analysis ........................................... A-16 4. Conceptual Mitigation Plans ....................................... A- 17 5. Wildlife and Habitat Impact Analysis ......................... A-17 6. Aquatic Preserve Impact Analysis ................................. A- 18 7. Outstanding Florida Waters and Wild and Scenic Rivers Impact Analysis ............................................. A-18 D. Analysis of Physical Impacts .................................................. A-18 1. Air Quality Impact Analysis .........................................A-18 2. Noise Impact Analysis ................................................ A-18 3. Contamination Impact Analysis ..................................... A- 18 4. Water Quality Impact Analysis ...................................... A-18 5. Floodplain Impact Analysis ..........................................A- 19 6. Coastal Barrier Resource Analysis .................................. A-19 7. Construction Impact Analysis ....................................... A- 19 E. Environmental Reports ......................................................... A- 19 1. Advance Notification ................................................. A- 19 2. Cultural Resources Assessment Survey ............................ A-19 3. Section 4(f) Evaluation ............................................... A- 19 4. Air Quality Report .................................................... A-20 5. Noise Study Report ................................................... A-20 6. Wetland Evaluation Report ..........................................A-20 7. Water Quality Impact Evaluation ................................... A-20 8. Contamination Screening Evaluation Report ..................... A-20 9. Endangered Species Biological Assessment/Listed Species Report ........................................................ A-20 10. Permit Coordination Package ...................................... A-20 11. Visual and Aesthetics Impact Report .............................. A-21 12. Environmental Assessment .......................................... A-21 Task 4 - Engineering Data Collection, Analysis and Reports ............................... A-21 A. Engineering Data Collection ..................................................A-21 1. Aerial Photography ................................................... A-21 2. Existing Highway Characteristics .................................. A-22 3. Traffic Data ............................................................ A-22 4. Accident Data ......................................................... A-22 5. Utilities ................................................................. A-22 6. Transportation Plans .................................................. A-23 7. Soils Survey and Geotechnical Data ................................ A-23 B. Engineering Analysis ........................................................... A-23 1. Project Need ........................................................... A-23 2. Base Map(s) ........................................................... A-24 3. Conceptual Design Analysis ........................................ A-24 4. Design Alternatives Evaluation and Selection ................... A-25 5. Conceptual Drainage Analysis ..................................... A-26 6. Cost Analysis ......................................................... A-26 7. Comparative Analysis of Design Alternatives ................... A-27 C. Engineering Reports ........................................................... A-28 1. Base Map(s) ........................................................... A-28 2. Preliminary Engineering Report .................................... A-29 3. Utility Coordination Package ....................................... A-29 4. Location Hydraulic Report .......................................... A-30 6/4/03 Task 5 - Task 6 - Task 7 - Task 8 - Task 9 - Task 10 5. Geotechnical Report .................................................. Federal Funds ............................................................................ FHWA/FDOT Coordination .......................................................... Design/Right-of-Way Surveys ....................................................... Right-of-Way Mapping ............................................................... Geotechnical ............................................................................ - Non-Personnel Reimbursement Expenses and Costs ............................ Task 11 - Optional Services .................................................................... A. Section 106 (Historic and Archaeological) Coordination .............. Task 12 - Study Requirements and Provisions for Work .................................... B. C. D. E. F. Governing Regulations ....................................................... Project Schedule ............................................................... Key Personnel .................................................................. Progress Meetings & Reports ................................................ Submittals ....................................................................... County Services ................................................................ 1686 A-30 A-30 A-30 A-31 A-31 A-31 A-31 A-31 A-31 A-31 A-31 A-32 A-32 A-32 A-33 A-33 6/4/03 1686 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES CR 951 PD&E This Exhibit forms an integral part of the agreement between the Lee County Department of Transportation (hereinafter referred to as the COUNTY) and Dyer, Riddle, Mills & Precourt, Inc. (DRMP) (hereinafter referred to as the CONSULTANT) relative to the CR 951 PD&E. SECTION 1 GENERAL SCOPE STATEMENT The Consultant shall provide and perform the following professional services, which shall constitute the GENERAL SCOPE of the BASIC SERVICES under the covenants, terms, and provisions of this PROFESSIONAL SERVICES AGREEMENT or SERVICE PROVIDER AGREEMENT. The purpose of this Exhibit is to describe the Scope of Services and the responsibilities of the CONSULTANT and the COUNTY in connection with Project Development (Corridor Location, Preliminary Engineering, and Conceptual Design) and Environment Study necessary to comply with COUNTY procedures and to obtain FHWA approval of proposed transportation facility improvements. General Information The CONSULTANT shall perform those environmental and engineering services required for a Project Development and Environment Study. This includes consideration of all social, economic, and environmental effects, and mitigation as required by the COUNTY and using the Florida Department of Transportation (FDOT) Project Development and Environment (PD&E) Manual as a guide. In addition, the CONSULTANT will prepare the required environmental and engineering reports, and Conceptual Design Plans, and assist as necessary with the Public Hearing. The anticipated Class of Action is an Environmental Impact Statement (EIS). The project limits of the CR 951 PD&E study will be from the existing intersection of CR 951 and Immokalee Road in Collier to Alico Road in Lee County, a distance of approximately 15 miles. It shall be the CONSULTANTDs responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. The CONSULTANT shall be aware that as a project is developed, certain minor modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the conceptual design and will consider this effort to be an anticipated and integral part of the work. The CONSULTANT shall demonstrate good project management practices while working on this project. This includes communication with the COUNTY and others as necessary, management of S:~GS~M~'~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02DOC A-1 6/4/03 1686 time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to COUNTY procedures. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. The general objective of the study is to provide documented information necessary for the COUNTY to reach a decision on the type, design, and location of a transportation facility east ofi-75 from the existing intersection of Immokalee Road and CR 951 in Collier County to Alico Road in Lee County. This facility shall be known as CR 951. The Project Development Process shall use as a guide the FDOT Project Development and Environment Manual, published July 1, 1988, and all subsequent revisions. Throughout this Scope of Services, this publication will be referred to as the PD&E Manual. The PD&E Manual incorporates all of the requirements of the National Environmental Policy Act (N-EPA); Federal law and Executive Orders; applicable Federal regulations included in the FHWA Federal-Aid Policy Guide; and applicable State laws and regulations including Chapter 339.155 of the Florida Statutes. The project documentation prepared by the CONSULTANT in accordance with the PD&E Manual shall therefore be in compliance with all applicable State and Federal laws, executive orders, and regulations. The detailed information generated during the study will be analyzed, evaluated and comprehensively documented in a series of reports predicting impacts, and estimating costs associated with the improvement of the transportation facility. Preliminary location and design recommendations will include alignments, typical sections, right-of-way requirements, and estimated costs. The CONSULTANT will recommend the Preferred Alternative(s) based on this process. The CONSULTANT shall coordinate this study with the Florida Department of Transportation and investigate the possibility of Federal funding for this project and shall prepare a permit coordination package for distribution to all permitting and permit review agencies. SECTION 2 TASKS Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the CONSULTANT shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or items set forth in EXHIBIT "B" entitled "COMPENSATION AND METHOD OF PAYMENT." Task Index Task 1 - Preliminary Matters Task 2 - Public & Agency Involvement Task 3 - Environmental Data Collection, Analysis and Reports Task 4 - Engineering Data Collection, Analysis and Reports Task 5 - Federal Funds S:\GSDkRF~[NTERLOCAL\CR 951 REVISED SCOPE 6-214)2DOC A-2 6/4/03 Task 6 - FHWA/FDOT Coordination Task 7 - Design/Right-of-Way Surveys Task 8 - Right-of-Way Mapping Task 9 - Geotechnical Task 10 - Non-Personnel Reimbursement Expenses and Costs Task 11 - Optional Services Task 12 - Study Requirements and Provisions for Work S: \GS~F~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-3 6/4/03 18B6 Task 1 - Preliminary Matters A. Introductory Meeting Prior to beginning work and after the issuance of thc written Notice to Proceed, the CONSULTANT shall meet with the COUNTY. The purpose of this introductory meeting is three-fold: 1. The COUNTY shall render all relevant information in its possession. This may include previous correspondence, traffic figures, planning information, existing right-of-way and utility information, plans, and previous inspection reports. 2. The COUNTY shall review with the CONSULTANT how the CONSULTANT will conduct the study process. 3. The COUNTY shall review with the CONSULTANT the financial administration of the contract, method of progress reporting and invoice preparation. 4. The COUNTY shall review the consensus building process with the CONSULTANT. B. Initiate Advance Notification The CONSULTANT shall submit a draft notification letter to the COUNTY for their use. The COUNTY shall notify the FHWA, FDOT, SFWMD, EPA, USF&W, FF&WC, and USCOE of this study and their intent to employ the CONSULTANT to prepare the associated engineering and environmental studies. Public Notice of Intent to Prepare an Environmental Impact Statement On behalf of the COUNTY, the CONSULTANT will prepare a Notice of Intent to prepare an Environmental Impact Statement for submission to the Federal Highway Administration and U.S. Army Corps of Engineers. De Introductory Agency Meeting A second notification in the form of an introductory meeting shall be held by the CONSULTANT with Federal, State, COUNTY, and local staff to introduce the CONSULTANT and inform them of the initiation of the study. The CONSULTANT shall prepare maps of the study area for orientation purposes and provide the COUNTY with a summary of the meeting. For the Kickoff Meeting, the CONSULTANT shall: Notify state and local agencies and interested parties by letter, news releases, telephone, or any other appropriate means. Prepare formal presentation - script, graphics, and other displays as appropriate. S:[GS~ARI~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02 DOC A-4 6/4/03 16B6 Deliver the presentation using knowledgeable CONSULTANT staffmembers, including answering questions. Meeting site preparation - set-up and take-down the audio/visual equipment. The COUNTY shall: Arrange for and obtain meeting site. Invite the FDOT, FHWA and other interested federal agencies to this meeting. E. Kickoff Letter Within 30 days of the project initiation a Kickoff (Introductory) Letter will be mailed by the CONSULTANT to local officials to describe the study intent and schedule and provide contacts for further information. Task 2 - Public & Agency 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. Ae Public Involvement Program The CONSULTANT shall prepare a written Public Involvement Plan at the outset, outlining each element of the Public Involvement Process. This is done according to an outline furnished by the COUNTY. It shall be updated and amended throughout the Project Development Process. The plan indicates the basic Public Involvement approach to be taken with the project. It also lists generally the contact persons, media officials and agencies and the means which will be used to involve them in the process such as the Consensus Building process described below. B. Consensus-Building Process The public involvement for this project will be a facilitated consensus-building effort. The effort will take as a point of departure the collaborative process feasibility assessment commissioned by the County (An Assessment to Determine the Feasibility of a Collaborative Stakeholder Process to Address the Proposed Extension of County Road 951.) The purpose of this effort will be to develop consensus during the PD&E study among those with an interest in decisions related to the extension of CR 951. 1. Scope In order to adequately address issues related to a possible extension of CR 951, the scope of consensus building discussion and activities will address the following: S:\GS~ARI%'NTERLZICAL\CR 951 REVISED SCOPE 6-21-02.DOC A-5 6/4/03 1686 What is the nature of the need for additional north-south transportation capacity in the area between south/central Lee County and northern Collier County? How can that need best be met? (It should be assumed that the group will explore answers that involve alternative alignments of CR 951 as well as other measures or improvements that may address the need.) What measures must be taken to address the environmental, community, and business impacts of the preferred solution? Coordination, as necessary, with other bodies whose ongoing activities or mandates affect either issues or potential solutions relating to CR 951 (including, but not limited to, Collier County, SFWMD, FHWA, FDOT, USEPA, USF&W, FF&WC) 2. Composition Design of the consensus building process will take as a point of departure Appendix C of the collaborative process feasibility assessment commissioned by Lee County. It is anticipated that a series of small group meetings will be conducted to involve the stakeholders previously identified in the consensus building stakeholders' assessment effort. These meetings would be held in conjunction with the PD&E Study process. A consensus building/PD&E process "course syllabus" will be developed at the outset and will be used as a guide in conducting these meetings for the consensus building process. In addition to the general public the following groups/people will be invited to in the process. Environmental groups Citizen/civic groups Neighborhood groups Business groups Property owners Developers Local governments State and Federal agencies 3. Relationship to Other Aspects of the PD&E The consensus building discussions will parallel and support each major phase of the PD&E process. In particular, consensus will be sought from the public at the following points in the process: characterization of the transportation need; identification of alternatives to be considered; identification of information needed to evaluate the alternatives; evaluation of alternatives; and selection of the preferred alternative. If the group cannot reach consensus, all practical alternatives will be documented. S:\GSLa. RI~'MNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-6 6/4/03 4. Meeting Schedule The final meeting schedule for the consensus-building process will be established by the CONSULTANT with input from the public. For budgeting purposes, the schedule will be assumed to consist of twelve (12) full-day meetings over a period of thirty-six (36) months (the assumed schedule for the CR 951 PD&E Study). 5. Consensus Building Process Meetings will be facilitated. Early in its work, the CONSULTANT, with input from the public, will develop or refine process ground rules that clarify roles, set guidelines for discussions, and describe the group's process for drafting and agreeing upon recommendations. Design of the ground rules may take as a point of departure Appendix B of the collaborative process feasibility assessment commissioned by the County. 6. Outcome The outcome of the consensus building process shall consist of a report containing all recommendations, issues, and comments compiled during the process and shall be produced by the CONSULTANT and opportunity to comment given to the public prior to the reports' finalization. Upon completion the report shall be included in the Comments and Coordination report as an appendix. The CONSULTANT shall provide support as necessary for the COUNTY to hold various additional public meetings, which may include: Four (4) public workshops in support of the consensus-building process Four (4) Unscheduled Small Group Meetings with Homeowners Associations, Civic Clubs, etc. Up to two (2) media informational meetings (prior elected official meetings) One (1) Alternatives Public Workshop Three (3) MPO Technical Advisory Committee Meetings (TAC) Three (3) MPO Citizens Advisory Committee Meetings (CAC) Three (3) MPO Meetings Six (6) Lee County Commission Meetings (three of these would be before the Management and Planning Committee) C. Public Meetings/Workshops 1. Public Workshops in Support of the Consensus Building Process In addition to the Altematives Workshop and Public Hearing described below, the CONSULTANT shall conduct four (4) additional public workshops in support of the consensus building process. These workshops would be designed to present the results of the process up to the time of the workshop and solicit input for consideration from a broader cross-section of the affected public. S:\GS'xARFffNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC 6/4/03 A-7 These will be conducted as workshops to actively engage participation in discussion of the questions at hand. 2. Unscheduled Meetings and Presentations. The CONSULTANT and his staff shall be available with no more than a five (5) workday notice to attend meetings or make presentations at the request of the COUNTY. Such meetings and pre- sentations may be held at any hour between 8:00 a.m. and 12:00 midnight on any day of the week. The CONSULTANT will be available for up to four (4) unscheduled meetings and presentations. The CONSULTANT may be called upon to provide maps, press releases, advertisements, audiovisual displays and similar materials for such meetings. 3. Alternatives Public Workshop The purpose of the Alternatives Public Workshop is to present to the public the results of the study to date and obtain comments on the viable design alternatives. It is possible that the citizens may suggest additional alternatives. The workshop is to be advertised and conducted as an informational meeting and shall include a slide show and display graphics. The CONSULTANT will be required to actively participate in any portion of the presentation. The CONSULTANT shall attend the workshop and prepare all necessary displays, maps, scripts, etc. All presentations (script and graphics), media releases, legal display advertisements, and general (mass) property owner letters will be reviewed and approve by the COUNTY prior to distribution. A black-and-white, quarter-page display advertisement announcing the meetings shall be prepared and submitted to the COUNTY for approval. The CONSULTANT shall publish the advertisement in the area newspaper with the largest daily circulation. Advertising costs are the responsibility of the CONSULTANT. Notification shall be made by the CONSULTANT to elected and appointed officials and other interested persons by letter on COUNTY stationery before the workshop. Mailing costs are the responsibility of the CONSULTANT. A letter on COUNTY letterhead stationery announcing the workshop shall be written and sent by the CONSULTANT ten (10) days before the workshop to all property owners whose property lies in whole or in part within 91.5 m (300 ft) of the centerline of any viable design alternative. Mailing costs are the responsibility of the CONSULTANT. News releases shall be prepared and submitted for publication by the CONSULTANT during the week of the workshop. The workshop format shall be developed by the CONSULTANT and will be approved for review by the COUNTY. The CONSULTANT shall prepare displays or wall graphics for use during the workshop. These include typical sections, aerials, renderings, charts, and graphs, as needed. A video presentation script shall be written by the CONSULTANT and used in association with the graphics in the video presentation produced by the CONSULTANT. The script shall be professionally narrated. The CONSULTANT shall prepare a project brochure for distribution at the workshop. S:\GS~MIJ:MNTE~AL\CR 951 REVISED SCOPE 6-21-02.DOC A-8 6/4/03 16B6 Meeting equipment setup and take down shall be handled by CONSULTANT staffmembers familiar with audiovisual equipment and the facilities available at the workshop site. Briefing of the staff (who will be on hand during the workshop) shall be done just before the workshop to make sure the staff is up to date on the project and understands the study well enough to discuss it with the public and to answer questions. Conducting the workshop will take knowledgeable staff and shall require enough staff members to handle the crowd anticipated for the workshop. Although the workshop may be scheduled for a certain time period, staff shall be available for some time before and/or after those set hours in order to maintain public contact or for media interviews, etc. The identification of issues brought up at the workshop is an integral part of the workshop debriefing process, which should be attended by all staff members taking part in the workshop process and talking with the public. Once issues have been identified from the workshop, their significance shall be determined. If the issues are determined to be valid enough for further consideration or if they have elements which may require further consideration they must be addressed. This task involves project documentation, letter writing, the preparation of a follow-up newsletter, or any other appropriate technique. Coordination Meetings with Local Officials Meetings shall be held with the Lee County Commission subsequent to the Altematives Public Workshop and again after the Public Hearing to apprise local officials of the project status, specific location and design concepts, and to receive their comments. It is specifically required that the Environmental Document show evidence of this coordination as well as coordination with the Metropolitan Planning Organization (MPO). Presentation materials for the TAC and CAC meetings shall include the Conceptual Design Plans, and for the MPO meetings, the Conceptual Design Plans, audio/visual presentation and display boards. Additional meetings with the Lee County Commission, the Management and Planning Committee and the MPO are anticipated. D. Public Hearing A formal Public Hearing, as required by Federal and State laws, shall be held in accordance with Part 1, Chapter 8-2.7 of the PD&E Manual. All of the tasks accomplished by the CONSULTANT shall be reviewed by the COUNTY. The CONSULTANT shall attend the hearing and prepare all necessary displays, maps, handouts, scripts, etc. It is at this hearing that the public can formally offer comments concerning the project. The hearing is divided into sections: One hour period prior to the heating when staff is available to answer questions Formal presentation Recess to answer any further questions Public testimony Also, the CONSULTANT[Is staff shall be available after the hearing to answer questions. The hearing will be moderated by COUNTY staff unless otherwise directed. The COUNTY moderator S:\GS~MG~'xINTERLOCAL\CR 951 REVISED SCOPE 6-2u -02,DOC 6/4/03 A-9 1686 will give an introduction to the video presentation and moderate the various parts of the hearing to include answering any questions which may arise during public testimony. Quarter-page legal display advertisements shall be published by the CONSULTANT in the area newspaper(s) having the largest daily circulation. These shall be prepared and published by the CONSULTANT, at least 21 days before the hearing and between 5 and 12 days before the hearing. Advertising costs are the responsibility of the CONSULTANT. Notification to elected and appointed officials (City, County, State and Federal) and other interested persons shall be prepared and mailed by the CONSULTANT. This process involves the identification of any affected, possibly affected, and interested parties early in the study process. This includes the identification (from County tax rolls) of all persons owning property within 91.5 m (300 ft) either side of the centerline of all viable design alternatives pursuant to the provisions of Florida Statute. Engineering and environmental reports, a set of Conceptual Design Plans for the Preferred Alternative(s) and comments received prior to the hearing shall be put on display at least 21 days before the day of the hearing. They shall be prepared and delivered to the person or agency displaying them for the CONSULTANT. The CONSULTANT shall prepare graphics to be used during the hearing. The display rolls (usually two complete sets) shall depict the Conceptual Design Plans for the Preferred Alternative(s) to be presented at the hearing. Among the items to be shown on display rolls are the existing and proposed right-of-way lines (existing lines green, proposed red), proposed roadways (yellow), typical sections, planning segments, and wetlands. Other display boards are to be prepared to show the project location, evaluation matrix and floodplain areas. The CONSULTANT shall prepare and reproduce a project brochure to be given to those attending the hearing. The brochure shall contain a summary of the project, typical sections, etc. and standard information that will be provided by the COUNTY. A video presentation will be used. The video presentation script shall be written by the CONSULTANT and used in association with the graphics in the video presentation produced by the CONSULTANT. The script shall be professionally narrated. Hearing equipment setups and dismantling are the responsibility of the CONSULTANT. The CONSULTANT shall attend the hearing with sufficient staff to explain Preferred Altemative(s) and associated impacts. Identifying the issues raised at the hearing involves debriefing the staff who participated in the hearing. The CONSULTANT shall obtain, and pay for a court reporter and for the Public Hearing Transcript. Preparing the Public Hearing Transcript includes collecting and copying letters received after the hearing but before the heating cutoff point and collecting and copying affidavits of publication of the legal display advertisements, preparing the hearing certification and copying the entire transcript package. The CONSULTANT shall prepare responses to all comments received during the hearing and before the hearing cutoff date as long as they are not duplicates. These responses will be submitted to the COUNTY for approval and mailing. S:\GS~RFxINTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A- 10 6/4/03 1686 go Public Involvement Data The CONSULTANT will be responsible for the collection of Public Involvement data and the preparation of the Mailing List early in the PD&E Study. The Mailing list will include: Any affected or possibly affected parties Elected and appointed officials in the area (City, County, State) and community leaders Possible permit and review agencies Media in the project area (to be used for news releases, advertisements or any concerns) Any person or institution expressing an interest in the project The collection of public input occurs throughout the life of the project and requires maintaining of files, newspaper clippings, letters, and especially direct contacts before, during and after any of the public meetings. In addition to collecting public input data, the CONSULTANT shall assist the COUNTY in preparing responses to any public inquiries as a result of the Public Involvement Process. Special Public Involvement Requirements Identi _fy and Inspect Public Meeting Sites Prospective sites for any meetings to be held shall be inspected for suitability. Consideration shall be given to location, seating capacity, sound system, lighting, display space and any other physical characteristics which would influence the viability of this site, including compatibility with the terms of the Americans with Disabilities Act of 1990. The CONSULTANT shall make all arrangements for use of the meeting facility for the Public Workshop and Public Heating including payment of any rental fees, if applicable. 2. Correspondence Within three (3) days of the receipt or mailing of all written correspondence between the CONSULTANT and any party pertaining specifically to this study, copies shall be provided to the COUNTY for their records. Newsletters and Flyers The CONSULTANT shall prepare quarterly newsletters during the study, which would be published in conjunction with key milestone events such as prior to the Public Workshop, the Public Hearing and at the study[Is completion. The newsletters shall be mailed by the CONSULTANT to elected officials, property owners, businesses and interested persons included on a mailing list compiled by the CONSULTANT. COUNTY review prior to mailing is required. SSGS~M~'tklNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A- 11 6/4/03 16B6, ? The CONSULTANT shall prepare one (1) page flyers bi-monthly throughout the study process. The flyers shall be double sided and available for distribution to interested members of the public. The flyers shall contain information on study status, schedule, planned meetings and other items of interest. 4. Web Site The CONSULTANT shall develop a web page with six (6) components: · · · · · · A facts section A subscription section A project schedule A current status section A public involvement opportunities section A project team contacts and comments section The web page shall be developed in month 1 and updated 12 times during the study period. It shall contain the updated date on the page, as well as the date of the next update. Comments and Coordination Report The Comments and Coordination Report shall contain, at a minimum, documentation of the public participation accomplished throughout study period. This report should summarize and respond to the comments received from the Public Involvement, Advance Notification, coordination with local officials and agencies, public meetings, etc. The Comments and Coordination Report shall be submitted with the final Preliminary Engineering Report. Task 3 - Environmental Data Collection~ Analysis and Reports The CONSULTANT shall perform the services outlined in this section necessary to assess the environmental consequences or impacts of design alternatives that are being considered to satisfy the projectDs need. This effort consists of collecting essential data, analyzing and comparing viable design alternatives, and documenting environmental impacts and recommendations coincidentally with the engineering data collection and analyses. The CONSULTANT shall coordinate and perform the appropriate level of environmental analysis for this project as outlined in the PD&E Manual and the following sections. Prior to performing any data collection activities outside of the existing right- of-way, verbal contact shall be made with all affected property owners, including government entities. This contact shall consist of either an in person visit or telephone call. Ao Environmental Data Collection Upon Notice to Proceed, the CONSULTANT shall begin preliminary assessments of the study corridor from an environmental standpoint. The data gathering consists of collecting various information and materials needed for the environmental analysis. The information should include all data necessary to perform adequate evaluation of the social, natural and physical impacts in S:~GS~OIJ~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A- 12 6/4/03 16B6 determining the location and design of a transportation facility. This activity consists of collecting and recording various and current photographic, cartographic, technical report, planning, and observational data relative to the natural, man made, cultural, socioeconomic, physical, political and aesthetic features influencing the development of appropriate design alternative locations. The CONSULTANT shall collect the data necessary to identify community facilities, Section 4(f) lands (parks, recreation areas, and wildlife refuges), bikeways, and managed conservation lands. The CONSULTANT is responsible for the collection of data regarding past and present land usage as well as future land use plans, proposed developments, current zoning, municipal comprehensive plans, and observed growth trends. Current residential, commercial, industrial, public, agricultural, and designated future land use for vacant parcels adjacent to the alignment are to be collected. It is also necessary to collect data on active development activity within the highway corridor, especially preliminary and filed plats which have the potential for dedication of highway right-of-way available. The CONSULTANT shall further become familiar with the study area by making location visits to further ground truth mapped features and reveal unmapped features that potentially could impact or influence the selection of a Preferred Altemative(s). Observations of unmapped features would include: · · · · · · Pedestrian movement and critical linkages with commercial and institutional sites Bicycle usage/traffic Recreational site usage Visual/scenic resources Noise sensitive sites (noise monitoring) Unmapped wetlands The CONSULTANT shall develop a CADD data base that includes all existing environmental features. This information is to be included on the Corridor Base Map(s). Utilizing this data, the CONSULTANT shall perform the environmental analysis necessary to compare the environmental impacts of the proposed project design alternatives. The environmental analysis will be performed concurrently with the engineering analysis and the development of design alternatives. Analysis of Social Impacts Land Use Information The CONSULTANT is responsible for the following: Collect data regarding past and present land usage as well as future land use plans, proposed developments, current zoning, municipal comprehensive plans, and observed growth trends. Collect data required to prepare corridor analysis maps indicating current residential, commercial, industrial, public, agricultural, and designated future land use for vacant parcels adjacent to the alignment. 6/4/03 S:[GSLttRF~frERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-13 2. Cultural Features The CONSULTANT shall collect the data necessary to identify the Community Facilities listed in Part 2, Chapter 9 of the PD&E Manual, and also to identify any Section 4 (f) lands, (parks, recreation areas, wildlife refuges), bikeways, managed conservation land, as further described in Part 2, Chapters 13 and 14 of the PD&E Manual. The CONSULTANT shall develop a CADD data base that includes all existing cultural features. CADD data base information shall be compatible for use in aerial photography used for public hearing presentations, corridor maps, and alternative plans. o Social-Economic Impacts Analysis The CONSULTANT shall perform an analysis of the social-economic impacts of all proposed design altematives as described in Part 2, Chapters 9, 13 and 14 of the PD&E Manual. Upon Notice to Proceed, the CONSULTANT shall conduct an overview study of the study area and adjacent community to explore the socioeconomic issues, features, activities that are early and influential shaping factors in the development of this project[Is preferred typical section and viable design alternative(s). The analysis shall include a comparison of recreational use changes when evaluating water quality issues. The level of analysis should be appropriate for understanding the area's socioeconomic setting and as appropriate for an EIS. This effort will also address the FDOT's Community Impacts Assessment process. Right-of-way Acquisition and Relocation Analysis The CONSULTANT shall perform the analysis necessary to complete a Conceptual Stage Relocation Plan for the proposed design alternatives as described in Part 2, Chapter 11 of the PD&E Manual. o Archaeological and Historical Features Analysis The CONSULTANT shall conduct a Cultural Resource Assessment Survey (CRAS) in compliance with the provisions contained in Chapter 267 of the Florida Statutes and in accordance with the FDOT PD&E Manual Part 2, Chapter 12. The purpose of this survey is to locate, identify and document any cultural resources, prehistoric or historic, associated with this project and to assess the significance of these resources in terms of eligibility for listing in the National Register of Historic Places (NRHP) according to criteria set forth in 36 CFR Section 60.4. The CRAS study area will include the preferred alignment and proposed stormwater retention/mitigation areas. The CONSULTANT shall provide a final report with appropriate documentation detailing the results of the survey and the final assessments of resource significance. The report shall contain a Florida Site File (FSF) form on all identified cultural resources and a NRHP Determination of Eligibility (DOE) package on all resources determined to be potentially significant. In the case of historic resources, the DOE package shall include a NRHP Registration Form with accompanying documentation. S:\GSXARF~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-14 6/4/03 1686 Project personnel shall meet the minimum criteria for archaeologists, historians, architectural historians and other professionals as set forth in the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation and 48 CFR 44716. o Determination of Section 4(f) Involvement The CONSULTANT shall determine if Section 4(0 resources are present and prepare Determinations of Applicability (DOADs) for all properties affected by any proposed design alternatives, and if so, evaluate and document the impacts to the Section 4(f) property as described in Part 2, Chapter 13 of the PD&E Manual. Visual and Aesthetic Impact Analysis The CONSULTANT shall analyze the visual and aesthetic impacts of all proposed design alternatives as described in Part 2, Chapter 15 of the PD&E Manual. Additional description of this analysis is contained in Task 4-B-4-d. Farmlands Impact Analysis The CONSULTANT shall follow the Farmland Assessment Process and determine if a Farmland Evaluation is required by any proposed design alternatives, and if so, perform the Farmland Evaluation as described in Part 2, Chapter 28 of the PD&E Manual. Co Analysis of Natural Impacts Hydrologic and Natural Features The CONSULTANT shall collect all the data necessary to perform an assessment of the impacts of the proposed alternatives in the following areas. · · · · · · · · Threatened and Endangered Species (Part 2, Chapter 27 of the PD&E Manual) Aquatic Preserves (Part 2, Chapter 19 of the PD&E Manual) Wetlands (Part 2, Chapter 18 of the PD&E Manual) Outstanding Florida Waters (Part 2, Chapter 21 of the PD&E Manual) Water Quality (Part 2, Chapter 20 of the PD&E Manual) Floodplains and Floodways (Part 2, Chapter 24 of the PD&E Manual) Wild & Scenic Rivers (Part 2, Chapter 3 of the PD&E Manual) Coastal Zone Consistency (Part 2, Chapter 25 of the PD&E Manual) The CONSULTANT shall develop a CADD data base that includes all existing hydrologic and natural features. CADD data base information shall be compatible for use on aerial photography used for public hearing presentations, corridor maps, and alternative plans. 6/4/03 S:\GSXARF~INTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-15 16g6 Identify Possible Permits In conjunction with the collection of data related to wetlands, Outstanding Florida Waters, Aquatic Preserves, and Wild and Scenic Rivers, the CONSULTANT shall obtain permit related information about sites which may require dredge and fill permits, water quality permits, or stormwater discharge permits. This includes identifying all involved permit agencies. Wetland Impact Analysis The CONSULTANT shall analyze the impacts to wetlands for all proposed design alternatives as described in Part 2, Chapter 18 of the PD&E Manual. The CONSULTANT shall conduct an overview of the project corridor for wetlands involvement upon the Notice to Proceed. Wetland sites will be located and described and their values assessed. This information will be used to develop a preferred typical section and design alternative(s) which attempts to avoid or minimize wetland impacts. Once a Preferred Alternative(s) is selected, the CONSULTANT shall conduct a comprehensive assessment of the wetland impacts in accordance with Part 2, Chapter 18 of the PD&E Manual. The level of evaluation will depend on the extent of impacts. The CONSULTANT should expect to carry out evaluations to at least Level 2. Wetland delineation will be based on the current federal procedure for identifying and delineating jurisdictional wetlands. The CONSULTANT shall quantify the project[]s cumulative impacts to wetlands and secure an informal consultation with the environmental and regulatory agencies with jurisdictional permitting authority. This is done to get a preliminary understanding of what mitigative commitments might be required for the approval of permits. The information obtained by these aforementioned tasks/activities will be subsequently organized into the Wetlands Evaluation Report for distribution to the permit and review agencies. The CONSULTANT shall provide a separate Wetland Evaluation Report in accordance with Part 2, Chapter 18 of the PD&E Manual. The Wetlands Evaluation Report will include the Florida Land Use Cover and Forms Classification System (FLUCFCS) Code for all described wetlands. Impacts will be listed in table form in the report, along with the acreage of impact anticipated and the FLUCFCS code, for each wetland impacted. The CONSULTANT shall take reproducible photographs and prepare graphics for the development of this report. The report shall be developed early in the PD&E study in order to obtain meaningful comments from environmental and regulatory agencies. This report shall be distributed, as appropriate, to the following agencies: · · · · · Florida Department of Environmental Protection Florida Fish and Wildlife Conservation Commission South Florida Water Management District United States Army Corp of Engineers United States Fish and Wildlife Service 6/4/03 S :\GS~a~,Y'~I'NTERLOCAL\C R 951 REVISED SCOPE 6-21-02.DOC A-16 United States National Marine Fisheries Service United States Environmental Protection Agency Conceptual Mitigation Plans The CONSULTANT shall prepare conceptual mitigation plans, if required, as described in Part 2, Chapter 18, of the PD&E Manual. The conceptual mitigation will be documented as part of the Wetland Evaluation Report and will be included in the Environmental Document. Wildlife and Habitat Impact Analysis The CONSULTANT shall analyze potential impacts to wildlife and habitat by all proposed design altematives as described in Part 2, Chapter 27 of the PD&E Manual. If Federally-endangered or threatened species or a designated critical habit is involved, the CONSULTANT will conduct and prepare the Endangered Species Biological Assessment (ESBA) in accordance with Part 2, Chapter 27 of the PD&E Manual. The ESBA will include an analysis of potential impacts to Federal and State listed species and other wildlife and habitat, conceptual mitigation requirements, standard protection measures, where applicable, and a commitments and recommendations section detailing all agency requirements which must be met before construction begins. If a formal ESBA is not required, the CONSULTANT will prepare a Listed Species Report which will include all information required in an ESBA except the conceptual mitigation requirements. The CONSULTANT shall request comments from appropriate Federal, State and local agencies as to specific permits required, significance of impacts, required mitigation, and any specific concerns about the project or its impacts. The specific sequence of this coordination is detailed below. Initial Coordination After completion of preliminary data collection, species list compilation, and initial corridor fieldwork, coordination must be opened with the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS). The purpose of this letter is to discuss the initial findings and present a tentative species list. The letter must ask for concurrence with the species list as developed and, if the initial survey indicates the presence of species which normally require specific surveys, request their concurrence and any additional information they have. Concurrence Letter After the CONSULTANT has completed all of the required surveys, the results must be presented to the agencies (FFWCC and USFWS) for concurrence. This will require the forwarding of the draft report for their review and comments. All agency communications must be included in the final report. 6/4/03 S:\GSLa. RIe~3FYERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-17 6. Aquatic Preserve Impact Analysis If applicable, this analysis will be conducted in accordance with Part 2, Chapter 19 of the PD&E Manual and included in the Wetland Evaluation Report. 7. Outstanding Florida Waters and Wild and Scenic Rivers Impact Analysis If applicable, this analysis will be conducted in accordance with Part 2, Chapter 21 of the PD&E Manual and included in the Wetland Evaluation Report. D. Analysis of Physical Impacts 1. Air Quality Impact Analysis The CONSULTANT shall perform the air quality impact analysis for the proposed design altematives as described in Part 2, Chapter 16 of the PD&E Manual. Traffic for Air Quality Analysis will be prepared by the CONSULTANT. 2. Noise Impact Analysis The CONSULTANT shall perform the noise impact analysis and barrier evaluation for the proposed design alternatives as described in Part 2, Chapter 17 of the PD&E Manual. The noise impact analysis and barrier evaluation shall be performed by a person(s) who has attended and is certified through the FDOTI'ls Traffic Noise Analysis training course. 3. Contamination Impact Analysis The CONSULTANT shall conduct a comprehensive assessment of contamination involvement. The assessment shall be documented in a Contamination Screening Evaluation Report (CSER). This information will be used in developing the project[]s preferred typical section and design alternatives(s). Procedures shall be in accordance with Part 2, Chapter 22 of the PD&E Manual. 4. Water Quality Impact Analysis The CONSULTANT shall conduct a Water Quality Impact Evaluation (WQIE) for all proposed design alternatives as described in Part 2, Chapter 20 of the PD&E Manual and the FDOTDs Water Quality Impact Evaluation Manual. The CONSULTANT should also have a copy of the appropriate Water Management Distfict[]s Permitting Manual, which may be obtained directly from the Water Management District Office. The completed WQIE form must have the Water Management rule attached to it, as well as the page from the permitting manual that quantifies the amount of water to be treated. 6/4/03 Sg, GSXJM~d:qNTERLOCAL\CR 951 REVISED SCOPE 6-21-0ZDOC A-18 Floodplain Impact Analysis The CONSULTANT shall analyze the significance of any encroachments to floodplains and floodways by all proposed design alternatives as described in Part 2, Chapter 24 of the PD&E Manual. The documentation will require the inclusion of the encroachment categories, listed in the above referenced PD&E Manual chapter. o Coastal Barrier Resource Analysis If applicable, the CONSULTANT will analyze the impact to Coastal Barrier Resources in accordance with Part 2, Chapter 26 of the PD&E Manual. Construction Impact Analysis The CONSULTANT shall analyze the construction impacts of all proposed design alternatives as described in Part 2, Chapter 30 of the PD&E Manual. Environmental Reports The CONSULTANT shall document the results of the environmental data collection and analysis performed as part of this Scope of Services in a series of reports as detailed below. The environmental reports prepared by the CONSULTANT will comply with all the procedures listed in Part 1 of the PD&E Manual, and will also follow the format and include all content described in Part 2 of the PD&E Manual. Advance Notification The CONSULTANT will be responsible for preparation of the Advance Notification Package. Cultural Resources Assessment Survey The CONSULTANT shall prepare the Cultural Resources Assessment Survey and a Cultural Resource Assessment Request Package for each affected resource as described in Part 2, Chapter 12 of the PD&E Manual and in Section D, above. The CONSULTANT shall also assist the COUNTY with the preparation of any required Memorandums of Agreements. The Case Study Report (Criteria of Effects), if necessary, will be done by the CONSULTANT. o Section 4(f) Evaluation If required, the CONSULTANT shall prepare the Determination(s) of Applicability (DOA) to determine the applicability of Section (40 to any parks, recreation areas, wildlife and waterfowl refuges, and/or historic sites within the project study area. Section (40 procedures are described in Part 2, Chapter 13 of the PD&E Manual. The CONSULTANT will be responsible for preparing any correspondence required. 6/4/03 S:\GSLMtFONTERLOCAL\CR 951 REVISED SCOPE 6-21-02 DOC A-19 1686 Air Quality Report The CONSULTANT shall prepare the Air Quality Report as described in Part 2, Chapter 16 of the PD&E Manual. o Noise Study Report The CONSULTANT shall prepare the Noise Study Report as described in Part 2, Chapter 17 of the PD&E Manual. Wetland Evaluation Report The CONSULTANT shall provide a separate Wetland Evaluation Report in accordance with Part 2, Chapter 18 of the PD&E Manual. ° Water Quality Impact Evaluation The Water Quality Impact Evaluation (WQIE) will be prepared as described in Part 2, Chapter 20 of the PD&E Manual and the FDOT's Water Quality Impact Evaluation Manual. The WQIE shall be performed and signed by a person(s) who has attended, and is certified through, the FDOT[ls WQIE Manual training course. Contamination Screening Evaluation Report The CONSULTANT shall provide a Contamination Screening Evaluation Report in accordance with Part 2, Chapter 22 of the PD&E Manual. Hazardous material sites and petroleum sites shall be addressed in separate sections of the report o Endangered Species Biological Assessment/Listed Species Report The Endangered Species Biological Assessment (ESBA) will be prepared in accordance with Part 2, Chapter 27 of the PD&E Manual. The determination of which document type will be needed will be determined as the project progresses. 10. Permit Coordination Package This process consists of obtaining permit-related information about bridge clearances and wetland sites which may require dredge and fill/water quality permits or storm water discharge permits. This information shall subsequently be organized into a permit coordination package for distribution to the various jurisdictional agencies. Permit and permit review agencies to be considered include but are not limited to, the Federal Highway Administration, Florida Department of Transportation, U.S. Army Corps of Engineers, Florida Department of Environmental Protection, South Florida Water Management District, local environmental agencies, Florida Fish and Wildlife Conservation Commission, National Marine Fisheries Service, U.S. Fish & Wildlife Service, Environmental Protection Agency, and Lee County. 6/4/03 S'\GSk&RFdNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-20 16B6 11. Visual and Aesthetics Impact Report The CONSULTANT shall prepare a report which summarizes the visual and aesthetic impacts of viable design alternatives. 12. Environmental Impact Statement An Environmental Impact Statement is the expected level of environmental documentation required for this project. The CONSULTANT will do all the work required for the Class of Action Determination. The CONSULTANT shall prepare a Draft EIS as described in Part 1, Chapter 6 of the PD&E Manual. After the Draft EIS is accepted by the COUNTY and approved by the Federal Highway Administration, the CONSULTANT will prepare a Notice of Availability. After a Public Hearing is held, the CONSULTANT shall update the Draft EIS and prepare a Final EIS as described in Part 1, Chapter 7 of the PD&E Manual. Task 4 - Engineering Data Collection~ Analysis and Reports The CONSULTANT shall perform the services outlined in this section necessary to develop engineering alternatives that satisfy the project's need. This effort consists of collecting essential data, analyzing and comparing viable alternatives, and documenting engineering decisions and recommendations. The CONSULTANT shall coordinate and perform the appropriate level of engineering analysis for this project as outlined in Part 1, Chapter 9 of the PD&E Manual and the following sections. A. Engineering Data Collection Immediately following the Notice to Proceed, the CONSULTANT shall begin preliminary assessments of the study area from an engineering and environmental standpoint. This task is largely of a data gathering nature. This activity consists of collecting various information and materials relative to the performance of engineering and environmental analyses within the study area. The information should include all data necessary to perform adequate evaluation of the location and design of an improved transportation facility for the corridor. 1. Aerial Photography The CONSULTANT shall use the following scales of black and white aerial photography for this project. A scale of 1" = 100' will be used for base maps, conceptual design plans, land use and property ownership inventory, ecological community delineation, noise modeling, engineering and environmental analysis, alternative analysis, coordination meetings, and Public Hearing displays. A scale of 1" = 400' photography will be used for the initial corridor water quality and ecological analysis phase of the study. The CONSULTANT shall provide the targets needed for the aerial photography. 6/4/03 S:\GSLtOt. FxINTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-21 1696 2. Existing Highway Characteristics This task includes gathering data on pertinent corridor physical features and conditions which help in better understanding the existing roadway and bridge segments under consideration in this contract. Most of this information is available from the COUNTY; however, other references including field observations and interviews with local agencies and individuals will yield additional data. Possible sources include project files, contract documents, right-of-way maps, drainage maps, as built plans, and prior studies. The CONSULTANT shall be responsible to procure all the engineering data listed in Part 1, Chapter 9 of the PD&E Manual and other data necessary to conduct a PD&E study and prepare a Preliminary Engineering Report. The CONSULTANT shall develop a CADD data base, supported by computer spread sheets, that includes all existing highway characteristics noted above, as appropriate. CADD data base information shall be compatible for use on aerial photography used for displays, the Corridor Base Map(s), and Conceptual Design Plans. 3. Traffic Data The CONSULTANT will furnish a project traffic report which will meet the total traffic needs for the proposed study and include the following: Existing Condition AADT Future Condition - Forecasted 2005, 2010, and 2025 AADT Traffic Characteristics Manual Pedestrian and Bicycle Counts Forecast Methodology 4. Accident Data The CONSULTANT is required to obtain through the COUNTY and state and local sources available data on automobile accidents along the project corridor for the previous five years. The data collected will be analyzed and summarized in an appropriate manner to identify locations or trends that potentially relate to geometric or other existing physical conditions that should be corrected or mitigated. 5. Utilities The CONSULTANT shall identify the following existing and proposed utilities which may influence location and design considerations: Overhead: Transmission lines, microwave towers, etc. Underground: Water, gas, sanitary sewer, force mains, power cables, telephone cables, etc. S:~Os~mr~TE~OC^LXCR 95~ ~VlSED SCOPE ~-2,-0:.r, oc 6/4/03 A-22 1686 6. Transportation Plans The CONSULTANT shall obtain plans for all modes of transportation including surface, transit and non-motorized modes. The following plans or studies should be obtained: Urban Area Transportation Study and the Lee County Cost Feasible and Needs Plans Local comprehensive plans: City and County Transit: rail, bus, other Non-motorized modes, including bikeways and pedestrian walkways Interview local officials and identify the following factors: existing and projected road user types including handicapped and the elderly; existing and projected high traffic generators; existing and anticipated hazards; high crash or problem locations. 7. Soils Survey and Geotechnical Data The CONSULTANT will provide all soils and geotechnical support for this project. General geotechnical information will be collected for use in preliminary evaluation of alternatives. Final written report shall be provided for the final alternative(s) only. The CONSULTANT shall provide a written geotechnical report based on review of existing information, field reconnaissance and field borings, as necessary, to identify soils-related problem areas. The report shall include anticipated soil conditions along the roadway and/or at structure sites and recommendations for treatment of problems that will hinder or preclude design and/or construction. B. Engineering Analysis Utilizing the data collected as part of this Scope of Services, the CONSULTANT shall perform the engineering analysis necessary to complete the Project Development Process described in Part 1, Chapter 9 of the PD&E Manual. The task of Engineering Analysis will be ongoing throughout the duration of the project and will be performed with consideration of the results of the environmental impact analysis. 1. Project Need The CONSULTANT shall establish the need for the facility improvements. In addition, the CONSULTANT will verify the purpose and need for the project in accordance with Part 2, Chapter 5 of the PD&E Manual. This effort will include travel demand forecasting (FSUTMS modeling) in support of identifying the technical need for the project from a traffic standpoint. Travel demand forecasts and resultant design traffic will be developed for the build and no-build conditions for the opening year, mid-year, and design year alternatives. The results of this effort will be documented in a Design Traffic Technical Memorandum/Report. 6/4/03 S:\GSLM~'ffNTERLOCAD, CR 951 REVISED SCOPE 6-21-02DOC A-23 16B6 2. Base Map(s) The CONSULTANT shall plot, delineate and label pertinent cultural and natural and geopolitical features bordering the alignments on 1" = 100' aerial photography for subsequent use in the evaluation and development of the Conceptual Design Plans. The Base Map(s) must include, at a minimum: · · · · · Number of lanes, signals, crosswalks, cross drains, existing intersections, and drainage easements Street names and highway numbers All pertinent cultural and natural features Locate north arrow, scale and aerial flight date at upper-mid portion of the plan sheets Existing and proposed rights of way and platted property lines All public and private development, as well as archeological or historic sites Significant features which could be impacted by the project, especially wetlands, seagrass locations, and endangered species habitat, floodplain, flood prone areas and navigation channels Hazardous material and petroleum use sites Noise isopleth at 65 dBA Establish logical termini giving consideration to directness, length, and service Utility easements All land use information (names of establishments, etc.); current zoning, future land use (per Comprehensive Plan) for vacant properties New data as it becomes available to keep the Corridor Base Map(s) up to date 3. Conceptual Design Analysis The CONSULTANT shall develop and analyze conceptual design altematives as described in Part 1, Chapter 9-2.3 of the PD&E Manual. The objective of the conceptual design and preliminary engineering analysis is to develop viable design alternatives based on standard engineering practice which provide an appropriate highway level of service commensurate with the social, economic, and environmental impacts involved. The CONSULTANT shall recommend to the COUNTY the most feasible design alternatives which will maximize the capacity of the proposed facility while providing the COUNTY a safe, environmentally sensitive, route. The design of the proposed improvement shall be established and developed in conceptual form, but in sufficient detail, to permit definitive analysis. The analysis of the design alternatives shall identify the nonviable design alternatives and provide documentation for rejection. The more viable design alternatives shall be further evaluated to a point where Conceptual Design Plans can be developed. It is anticipated that six (6) preliminary alignment alternatives will be developed and evaluated. Up to six (6) viable design alternatives may be selected for further detailed analysis. 6/4/03 S:\GS~RI%I'NTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-24 4. Design Alternatives Evaluation and Selection The CONSULTANT shall identify, develop, and analyze feasible design alternatives as outlined in Part 1, Chapter 9 of the PD&E Manual. For each design alternative, the CONSULTANT shall determine: · · · · · · · · · · · · · · · Horizontal and vertical alignment Typical section Preliminary fight-of-way costs Preliminary drainage to the extent of identifying required outfalls Traffic data Geometric concepts of intersections, access to recreational areas, and adjacent property Existing and proposed utility location to the extent they affect the decision process Soils data Extent of improvement to all connecting and/or intersecting roads Acreage involved Preliminary structure concepts and locations Location of detention/retention basins as may be required Locations of noise barriers Affect on navigation Other such design features as may be pertinent a. Typical Section Evaluation Typical sections to be evaluated for this project shall include four-lane divided typical sections expandable to six lanes, with auxiliary lanes when required for safety and access. In addition, during this phase of the study an evaluation will be conducted to determine the feasibility of accommodating pedestrians and bicycles on the improved facility. With consideration of business and residential development, drainage requirements and environmental impacts, the CONSULTANT will establish the type of design (urban or rural) for the proposed facility. Right-of-way limits, type of facility, level of service, design speed, drainage features, aesthetics, landscaping, existing typical section, and environmental impacts are major points to be considered in the design of a typical section. b. Alignment Alignments shall be refined in conjunction with the typical sections to identify design alternatives. Alignments shall be evaluated by using all documented data collected including but not limited to: natural and cultural features, existing and proposed development, maintenance of traffic, hazardous material and petroleum contamination, and right-of-way. Right-of-way estimates shall be prepared on prints of the Corridor Base Map(s). The estimates shall be on four (4) identical sets of prints having the fight-of-way lines color coded (existing right-of-way lines in green, proposed fight-of- way lines in red). Before preparing these prints, the CONSULTANT and the COUNTY shall jointly decide which design alternatives shall be evaluated for right-of-way, business and relocation costs. 6/4/03 S:\GSL~ERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-25 1686 c. Geotechnical (See 4-B-4-c) d. Structures The CONSULTANT shall provide the COUNTY with a Bridge Analysis Report (BAR) in accordance with Section 26.8, Volume I of the Plans Preparation Manual for the viable structural alternatives associated with the chosen alignment(s). 5. Conceptual Drainage Analysis The CONSULTANT shall perform conceptual drainage design in order to determine potential outfall locations and preliminary sizes (volume and area) of required detention and/or retention facilities for storm water treatment or attenuation. The location and size of potential detention/retention areas will be determined for all viable design alternatives as necessary to determine preliminary right-of-way costs for each evaluated typical section. In addition, since this project may involve a bridge structure, the following items will be addressed in the hydraulics report: · Conceptual bridge length · Preliminary vertical grade Close coordination will be maintained within the consultant team during the preparation of the BAR and LHR reports. During the preparation of the LHR, hydraulic modeling will be necessary for the bridges and waterway. The recommended bridge lengths shall be determined based upon the minimum hydraulic structures, environmental length, safety, maintenance, constmctability, etc. The intent is to obtain a permittable recommended bridge length which meets project requirements and current bridge design standards and criteria. 6. Cost Analysis The CONSULTANT shall develop cost estimates for each design alternative, including: Construction cost estimates for all design alternatives including order of magnitude conceptual maintenance of traffic costs. Estimates of right-of-way acquisition costs, including cost estimates for relocations and business damages Estimates of life-cycle costs for operation and maintenance of design altematives 6/4/03 S:\GS~TERLOCAL~CR 951 REVISED SCOPE 6-21-02.DOC A-26 1696 7. Comparative Analysis of Design Alternatives After developing the viable design alternatives and costs, the CONSULTANT will prepare a matrix comparing the significant impacts and costs of the design alternatives evaluated as described in Part 1, Chapter 9-2.3.7 of the PD&E Manual, with a recommendation of the most viable design alternative(s). The CONSULTANT shall present their recommendations to the COUNTY for consideration. The COUNTY will determine which viable design alternative(s) will be evaluated further through the Public Involvement Process and environmental analysis. The possibility exists that the No-Build alternative may be selected at this point. a. The types of information evaluated in this task include: Construction costs - Develop the construction costs estimate; include cost for engineering and contingencies. Right-of-way costs, business damages and relocation costs - Estimates will be prepared to include land value, severance, court awards, settlements, and data relative to business damages. These estimates will be furnished by the CONSULTANT for all viable design alternative(s). · Maintenance of traffic costs. Engineering Costs - Estimated cost to prepare construction plans and costs for Construction Engineering Inspection (CEI) Relocation Plan - The CONSULTANT will prepare the Conceptual Stage Relocation Plan in accordance with Part 2, Chapter 11 of the PD&E Manual and review will be provided by the COUNTY. Bicycle Facilities - Identify viable typical sections that accommodate bicycle facilities and evaluate the probable use in comparison with the cost in accordance with Part 2, Chapter 14 of the PD&E Manual Economic Evaluation - Prepare life cycle cost analysis and cost effectiveness analysis, as necessary. Drainage Features - Identify maj or drainage features and the requirements for obtaining permits inherent in each design alternative Environmental Impacts - Analyze impacts, such as air, noise, water pollution, wetlands, seagrass, and floodplain encroachment, 4(f) involvement, etc. · Traffic Impacts - Determine LOS for each design alternative for design year 6/4/03 S:\GSLMRFqNTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-27 1696 Utilities - The CONSULTANT shall conduct utility coordination and prepare a Utility Assessment Package in accordance with Part 2, Chapter 10 of the PD&E Manual. Hazardous Material and Petroleum - Evaluate contamination cleanup costs and production delays Transportation Plans - Determine conformance with local comprehensive plans, both city and COUNTY b. Proposed design alternative solutions Following performance of the comparative analysis of design altematives, the COUNTY will select the viable design alternative(s). The information amassed thus far will be the basis upon which the decisions are made. The possibility exists that the No-Build Alternative may be selected at this point. The CONSULTANT will follow the procedures outlined in Part 1, Chapter 9-2.3.7 of the PD&E Manual. c. Conceptual Design Plans After the viable design alternatives are selected, the CONSULTANT shall prepare Conceptual Design Plans of the selected design alternatives in reproducible form on the Base Map(s). Prints of the Conceptual Design Plans shall be prepared for use in review, at public meetings and for further refinement. d. Final Recommendation of Preferred Alternative The CONSULTANT shall recommend a Preferred Alternative(s) based on a review and analysis of all engineering, environmental, and Public Involvement issues related to the project. It is anticipated that two (2) preferred build alternatives may be presented along with the no-build alternative at the Public Hearing. C. Engineering Reports The CONSULTANT shall document the results of the data collection efforts and the engineering analysis performed as part of this Scope of Services. The engineering reports and documents shall be prepared as outlined in Part 1, Chapter 9 of the PD&E Manual. The task of documentation includes the preparation of draft reports prepared by the CONSULTANT for review and comment by the COUNTY prior to producing final reports and documents. 1. Base Map(s) The CONSULTANT will prepare the Base Map(s) on aerial photography. 6/4/03 S: \G S~MRFffNT ERLOC AL~,C R 951 REVISED SCOPE 6-21-02.DOC A-28 16B6 2. Preliminary Engineering Report The CONSULTANT shall prepare a Preliminary Engineering Report (PER) to document the Project Development Process. Included in the report will be the typical sections and Conceptual Design Plans of all viable design alternatives and the Preferred Alternative(s). The Conceptual Design Plans included in the PER shall be folded to standard size sheets. a. First Draft Preliminary Engineering Report The information amassed thus far shall be submitted in the first draft PER, as outlined in Part 1, Chapter 9 of the PD&E Manual. The first draft PER shall be submitted to the COUNTY for review. The report shall follow the recommended chapter format. b. Second Draft Preliminary Engineering Report The first draft PER shall be updated to reflect all changes resulting from any Alternatives Public Workshop(s) and from the Value Engineering review. The second draft shall be submitted to the COUNTY for review concurrently with the pre-draft environmental reports. c. Final Preliminary Engineering Report Following the Public Heating, and allowing sufficient time for all comments to be reviewed, the CONSULTANT shall recommend the Preferred Alternative(s) to the COUNTY. Once approved by the COUNTY, the CONSULTANT shall prepare the final PER. This document shall address the engineering issues raised at the heating and effect disposition of same in coordination with the COUNTY. This action is an important part of the study process and shall involve appropriate CONSULTANT personnel studying these suggestions. Recommendations and commitments must be included. The CONSULTANT shall determine feasible segments for construction projects within the project corridor in consideration of budget, priority needs, maintenance of traffic and the public demand for the improvement. The CONSULTANT shall certify the adequacy and completeness of the final PER. The report shall be signed, sealed and dated by a Professional Engineer registered in the State of Florida. 3. Utility Coordination Package The CONSULTANT shall prepare a Utility Assessment Package as described in Part 2, Chapter 10 of the PD&E Manual. S:\GS~dtF~IlqTERLOCAL\CR 951 REVISED SCOPE 6-21-02.DOC A-29 6/4/03 1686 4. Location Hydraulic Reµort The CONSULT ANT shall prepare a Location Hydraulic Report (LHR) as described in Part 2, Chapter 24 of the PD&E Manual. The CONSULT ANT shall coordinate with the COUNTY to identify any historic maintenance problems involving drainage or flooding. The history and past hydraulic performance should be noted on all structures. The CONSULT ANT shall obtain any stormwater management or master drainage plans. The CONSULT ANT shall coordinate with FEMA, the appropriate Water Management District and local agencies to determine the projectDs consistency with regulated floodways. Summarize the LHR in the Environmental Document including, but not limited to the following: · Evaluate feasibility and prudence of any design alternatives avoiding floodplains · Determine the effect the project will have on use of the facility for emergency services and evacuation. · Determine impacts of the encroachments to natural floodplain values - flora, fauna, open space, ground water recharge, water quality, etc. (see Paragraph 4(1) of23 CFR 650A) · Based on the above assessment of impacts, determine the risk and significance ofthe encroachment. The encroachment categories are to be listed in the report. These can be found in the PD&E Manual, Part 2, Ch. 24. The CONSULT ANT shall certify the adequacy and completeness of the final LHR. The report shall be signed, sealed and dated by a Professional Engineer registered in the State of Florida. 5. Geotechnical Report (See 4-B-4-c) Task 5 - Federal Funds The CONSULTANT shall investigate the possibility of obtaining Federal funds. The CONSULTANT shall prepare and submit the necessary forms, requests and/or applications as needed for determination of funds availability and pay special attention to discretionary funds which will not count against the allocation of normal funds. Task 6 - FDOT/FHW A Coordination The CONSULT ANT shall assist the COUNTY with FHW A coordination including determination of the type ofNEP A documentation and approval process. The Coordination shall be initiated with the Project Scoping Meeting and continue through documentation approval. The coordination is S:IGS\ARF\INTERLOCALICR 951 REVISED SCOPE 6-2I-02.00C 6/4/03 A-30 1686 anticipated to require no more than three (3) meetings in Tallahassee to meet with FHW A/FDOT staff. Task 7 - Desi£!n/Ri£!ht-of-Wav Surveys The COUNTY will furnish any right of way survey information necessary for this project. Task 8 - Ri£!ht-of-Wav Mappin£! The COUNTY will furnish any Right of Way Mapping services necessary for this project. Task 9 - Geotechnical The CONSULTANT will provide necessary geotechnical services for this project. Task 10 - Non-Personnel Reimbursement Expenses and Costs The CONSULTANT shall submit to the COUNTY, as specified in Attachment 2 to Exhibit B, non- personnel reimbursement expenses and costs required to conduct the study. Task 11 - Optional Services A. Section 106 (Historic and Archaeological) Coordination: If the State Historic Preservation Officer determines the Section 106 Consultation process is necessary, it will be completed as an optional service. Task 12 - Study ReQuirements and Provisions for Work A. Governing Regulations The services performed by the CONSULT ANT shall be in compliance with all applicable Manuals and Guidelines. The Manuals and Guidelines incorporate by requirement or reference all applicable State and Federal regulations. The current edition, including updates, ofthe following Manuals and Guidelines shall be used in the performance of this work. · American Association State Highway Officials, A Policy of Geometric Design of Highways and Streets · 23 CFR 650A · 23 U.S.C. Highways 42 U.S.C. 4332(2) (c), popularly known as Section 102(2) (c) of the National Environmental Policy Act of 1969, P.L. 91-190 · 49 R.S.c. 1653 (t), popularly known as Section 4(t) of the Department of Transportation Act of 1966, P.L. 89-670 S:IGS\ARF\INTERLOCALICR 951 REVISED SCOPE 6-2I-02.00C 6/4/03 A-31 1686 · The National Historic Preservation Act of 1966 (P.L. 89-665) and Executive Order No. 11593 (Protection and Enhancement of the Cultural Environment) as implemented in Procedures for the Protection of Historic and Cultural properties, 36 CFR 800 · The Endangered Species Act of 1973 (amended 1978), 16 U.S.C., (P.L. 93-205) · Executive Order No. 11990, Protection of Wetlands · Executive Order No. 11988, Floodplain Management · Chapter 339.155 ofthe Florida Statutes · 23 CFR 770 · 23 CFR 771 · 23 CFR 772 · All issuances and related COUNTY Policies and Directives governing the implementation of the previously mentioned regulations · Soils and Foundations Manual · Highway Capacity Manual, Special Report 209 · Chapter 334.24 Florida Statutes · 23 CFR 650A · FDOT Structural Guidelines The standards referred to and recommended in the AASHTO and the COUNTYDs Design Criteria related to highway safety shall be used to the extent applicable. The horizontal and vertical alignments developed by the CONSULT ANT shall be the best engineering solution to a given problem and not merely and adherence to the minimum AASHTO standards. B. Project Schedule Within ten (10) days after the Notice-To-Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity/event schedule for the COUNTY. C. Key Personnel The CONSULT ANT'S work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. D. Progress Meetings & Reports The CONSULT ANT, with appropriate sub-consultants, shall meet with the COUNTY monthly and provide written progress reports and other presentation materials which describe the work performed on each task. Progress reports shall be delivered to the COUNTY concurrently with the monthly draft invoice. Judgments on whether work of sufficient quality and quantity has been accomplished will be made by the COUNTYDs Project Manager. S:IGS\ARF\INTERLOCALICR 951 REVISED SCOPE 6-21-02.DOC 6/4/03 A-32 1686 E. Submittals The CONSULT ANT shall furnish prints, sepias and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULT ANT shall provide copies of the required prints, sepias and documents as listed below. These are the anticipated printing requirements for the project. The tabulation will be used for estimating purposes. Generally, there are two (2) draft and four (4) final copies for COUNTY review plus the appropriate number for the FHW A & FDOT and permitting agencies. nnrT TMFNT Typical Section Report Contamination Screening Cultural Resources Assessment Survey Noise Study Report Air Quality Report Listed Species Report Water Quality Impact Wetland Evaluation Report Preliminary Engineering Report Location Hydraulic Report Public Hearing Transcript Comments and Coordination Report Utility Assessment Package Draft/Final EIS Section 4(f) Evaluation QTY. 08 08 10 SHEET SIZE 81/2"x11 " 81/2"xll " 81/2"x 11" 08 08 10 10 15 22 08 10 10 81/2"xl1 " 81/2"x11 " 81/2"xll " 81/2"x 11" 81/2"xl1 " 81/2"xl1 " 81/2"xll " 81/2"xll " 81/2 "x 11 " 05 50/100 08 81/2"x11 " 81/2"x11 " 81/2"xll" Upon completion of the study, the CONSULT ANT shall compile and deliver to the COUNTY a comprehensive project file including all project correspondence, data, maps, sketches, worksheets, and other materials used or generated during the study process. F. County Services The COUNTY shall provide those services and materials as set forth below: 1. Project data currently on file. 2. Engineering and Environmental Review Services. S:IGS\ARF\INTERLOCALICR 951 REVISED SCOPE 6-2I-02.00C 6/4/03 A-33 RES 0 L UTI 0 N # 03-08-60 1686 Amending the Budget of Transportation Capital Improvements-Fund 30700 to incorporate the unanticipated receipts into Estimated Revenues and Appropriations for the fiscal year 2002-2003. WHEREAS, in compliance with the Florida Statutes 129.06(2), it is the desire of the Board of County Commissioners of Lee County, Florida, to amend the Transportation Capital Improvements-Fund 30700 budget for $250,000 of the unanticipated revenue from Collier County and an appropriation of a like amount for construction costs and; WHEREAS, the Transportation Capital Improvements-Fund 30700 budget shall be amended to include the following amounts which were previously not included. ESTIMATED REVENUES Prior Total: Additions $83,736,328 20407830700.337400.9001 Contribution-Collier County 250,000 Amended Total Estimated Revenues $83,986,328 ApPROPRIATIONS Prior Total: Additions $83,736,328 20407830700.506540 Improvements Construction 250,000 Amended Total Appropriations $83,986,328 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lee County, Florida, that the Transportation Capital Improvements-Fund 30700 budget is hereby amended to show the above additions to its Estimated Revenue and Appropriation accounts. Duly voted upon and adopted in Chambers at a regular Public Hearing by the Board of County Commissioners on this ~day of AUQ'Ust ,2003. By: ~J~ DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS LEE COUNTY, FLORIDA ~~ fì;::;: ATTEST: CHARLIE GREEN, EX-OFFICIO CLERK _,.....,,"ì.\.\,.. , _-~\\u.·r1l I?/?!,,;.I - (' \)" ,." L -I'ïli~ ! J ~"~,....d"'''''",,/~,/~"''J.-. ~~. ~ <:.~.... C",r-j,-,-" I i $:" '.~ <, .') ,r C':::::, ......--c ìi~........ .,., ::1:~: . .-( ...~ il. .,..- I..... . ...~.-~ i ,;: <:;~;~_:,~~ . _ ~ ... . ~~:~~~ _~-.r .i!,!· l,¡"'!~"-" -r\Ç\'.~~_ "l~~~"",,·:::~.: ;.\\..~~-- l.,., -.";,,,. DÒètŸPE YA LEDGER TYPE BA APPROVED AS TO FORM C12A 08/26/03 S:\DA TA IOPSIEMMAIWORDIFORMSICIPIFY 02-03IRESOLUTION- PROJECT 204078 (8·7-03).DOT 16B6 RESOLUTION NO. 2003- 236 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN LEE AND COLLIER COUNTIES REGARDING COUNTY ROAD 951 PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY. WHEREAS, the Collier County Board of County Commissioners, hereinafter ("Board"), wishes to enter into and Interlocal Agreement with Lee County in a Joint Project Development and Environmental (PD & E) Study to evaluate a roadway corridor beginning at Immòkalee Road and County Road 951 in Collier County and ending at Alico Road in Lee County; and WHEREAS, both Counties are duly empowered pursuant to Florida Statues, Section 163.01, to enter into Interlocal Agreements for the sharing of certain governmental powers and obligations; and WHEREAS, the Board believes that entering into this Interlocal Agreement serves a public purpose and is to the public's benefit. NOW, THEREFORE, be it resolved by the Board that: The Board does hereby authorize its Chainnan to execute the Interlocal Agreement attached hereto as Exhibit" A" to this Resolution. This Resolution shaH take effect immediately upon its passage. This Resolution adopted after motion, second and majority vote favoring same this 2.~ day of Jùll{ , 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~' ~~~~~~ -. Deputy Clerk . ~t~;=t as to cr.. t;"llars · s signature only. By: TOM HENNING, Chainnan 'l2\·03 . , ....\ . 'I,. . '.1 ¿L- S~ate of flORIDA County of COLLIER I H. E.~.. E. B. Y..·o9PR., _)f.iF)p·~);.:r,. t~IS. is. a ~rue and corrÐØf~W Of a doc~pnton f¡ Ie ß BQ3tCt' MTnutosi-ãf;a.~RcÒr:F{l;$of Collier County wrrN~S rrty hßrÙj ¡}¡),d òV¡cr~1 ztaJ this 3O~day of :rv\~ ~~ . DWIGtfr,E'.· BROCK. Cl.~ OF COURTS' By: ~í~~ D.C. Approved as to fonn and legal sufficiency: cq eline Hubbard Robinson ssistant County Attorney H:JHRlLee Countyl Resolution 60903