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#09-5278 (Stanley Consultants, Inc.) Contract 09.5278 Design & Related Services for the Intersection Capacity Improvements to the US41 & CR951 and Resurfacing, Restoration and Rehabilitation (RRR) Roadway Improvements to CR951, Project Number 60116 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ;ti9tl^-day of ,JaV\Wlrj 20~, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Stanley Consultants, Inc., authorized to do business in the State of Florida, whose business address is 225 Iowa Avenue, Muscatine, IA 52761 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Consulting Design and related services of the CONSULTANT concerning Intersection Capacity Improvements to the US41 & CR951 and RRR Roadway Improvements to CR951 (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. PSA NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Consulting Design and related services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Tshaka E. Dennis, PE, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator PSA 2 has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. PSA 3 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have PSA 4 common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement _ EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall fumish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: PSA 5 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to. be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. PSA 6 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verba' or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; PSA 7 (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after PSA 8 commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be PSA 9 deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. PSA 10 ARTICLE SEVEN MAINTENANCE OF RECORDS 7 .1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. PSA 11 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must state: For any and all work performed on behalf of Collier County. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of 'Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, PSA 12 or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule E is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. PSA 13 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. PSA 14 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, inclUding those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend aU or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If aU or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an PSA 15 extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN CONFLICT OF INTEREST 13.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. PSA 16 ARTICLE FOURTEEN MODIFICATION 14.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE FIFTEEN NOTICES AND ADDRESS OF RECORD 15.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, FL 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director Fax: 239-732-0844 15.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Stanley Consultants, Inc. 27300 Riverview Center Boulevard, Suite 101 Bonita Springs, FL 34134 Telephone: 239-947-1771 Attn: Tshaka E. Dennis, Vice President Fax: 239-947-1715 15.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. PSA 17 ARTICLE SIXTEEN MISCELLANEOUS 16.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 16.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 16.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 16.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 16.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. PSA 18 16.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 16.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS ARTICLE SEVENTEEN APPLICABLE LAW 17 .1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE EIGHTEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 18.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. PSA 19 18.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE NINETEEN DISPUTE RESOLUTION 19.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. PSA 20 19.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY IMMIGRATION LAW COMPLIANCE 20.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. " " " " " " " " " " " " " " " " PSA 21 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design & Related Services for the Intersection Capacity Improvements to the US41 & CR951 and RRR Roadway Improvements to CR951 the day and year first written above. ATTEST: ,<-!;.-.~',~'D c~ '. ~igbtE, Br~cl{~iE1lerk ~.l ~ BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: '1uLW. ~ Fred W. Coyle, Chairman IL ~ ~- .~.&8iS~a' I~County Attomey ~1' Witness /PL Stan lev Consultants. Inc. By ~..~ TSHAKA E. DENNIS, VICE PRESIDENT Typed Name and Title PSA 22 SCHEDULE A SCOPE OF WORK "Design & Related Services for the Intersection Capacity Improvements to the US41 & CR951 and RRR Roadway Improvements to CR951" Project Number: 60116 SECTION I 1. PURPOSE The purpose of this Exhibit is to describe the scope of work and responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for improvements to the transportation facility described herein. · Phase I - will include the design and permitting, drainage, utilities, and right-of-way of the US 41 and CR 951 ultimate at-grade intersection capacity improvements. In addition, under Phase I, the design will accommodate the footprint of an ultimate grade separated overpass (GSO), including right-of-way will be acquired, utilities will be relocated, stormwater pond(s) in place, and outside curb lines in place. · Phase IA - will consist of resurfacing, restoration and rehabilitation (RRR) of CR 951 from the limits of Phase I to milepost marker 9.551. · Phase IB (optional) - will be negotiated if funding becomes available and consist of the design and permitting of a GSO at the intersection of US 41 and CR 951. The general objective is for the CONSULTANT to prepare a set of plans to be used by the Contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include, but may not be limited to: roadways, structures, intersections, traffic control plans, traffic studies, geotechnical activities, land surveys, photogrammetry, mapping, drainage, signing and pavement markings, signalization, lighting, utility design/coordination and relocation, right-of-way maps and legal descriptions, appraisal services, right-of-way technical memorandum, cost estimates, noise analysis, environmental permits, quantity computation books, three (3) public meetings, six (6) additional meetings with civic groups and others, and all necessary incidental items as listed and estimated in this scope of work. The Scope of Services establishes which items of work described in the Florida Department of Transportation (FDOT) Plans Preparation Manual (PPM), Collier County Land Development Code (LDC) and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. 2. PROJECT DESCRIPTION The CR951 corridor serves as a primary connector to the South Naples area, including Marco Island. This project provides Collier County the opportunity to relieve congestion at one of the major constraints on the corridor, while improving emergency evacuation capacity and creating a signature entry to the area. There are three (3) primary elements to the project: PSA A-I · An at-grade intersection at US41 and CR951, compatible with a future GSO (Phase I). . Resurfacing CR951 from the US41/CR951 intersection south to Fiddler's Creek (Phase IA). . As an optional service, a GSO at US41 & CR951 (Phase IB). The CONSULTANT shall investigate the status of the project and become familiar with concepts and commitments (typical sections, alignments, etc.) developed from the US41 PD&E study by FDOT dated June 2008; the Conceptual Intersection Improvement Study Report, November 2008; the recorded Developer Contribution Agreement (DCA), April 16, 2009; Planned Unit Developments (PUDs) commitments, and all planned adjacent projects. CONSULTANT shall provide coordination with FDOT PROJECT FDIP # 41562123201-US41, from CR951 to Greenway. The CONSULTANT shall incorporate the following into the design ofthis facility: 2.1 Roadway Plan Type: Plan/Profile Tvpical Sections: Intersection Improvements (Phase I): Design will be based on the preferred interim at-grade improvements shown in Appendix B, Conceptual Intersection Improvement Study Report for US41 and CR951, November 2008. Limits: Intersection improvements (Phase I): The project limits are shown in the Interim At-Grade Conceptual Plan, Appendix B, Conceptual Intersection Improvement Study Report for US41 and CR951 , November 2008; a distance of approximately 1.0 miles. SRlCR951 - RRR PROJECT (Phase IA): From Milepost 6.332 to Milepost 9.551 - a distance of 3.219 miles. Design of the RRR project (Phase IA) will be in accordance with the FDOT's PPM, FDOT Design Standard and the governing Standard Specifications for Road and Bridge Construction. The resurfacing project shall include conversion of the existing span wire signal system to mast arms at two (2) intersections - at mile post 8.491 and mile post 8.615. In addition striped and signed bike lanes shall be inciuded throughout the project. During the design phase, all guardrails within the project limits shall be field verified, and the COUNTY shall replace all guardrails within the project limits deemed necessary by the FDOT. The CONSULTANT shall design any thrierail connection retrofit at the bridges at Henderson Creek (#030289 and #030288) as deemed necessary by the FDOT. Bus stops will be enhanced at Manatee Road (both NB and SB), with bus bays and waiting pads with shelters. A bus stop at Wal-Mart will be considered an optional service. PSA A-2 2.2 Drainage The stormwater system will be designed to meet the permitting requirements of the applicable permitting agencies. Stormwater system design will consider Harvey Harper analysis, best management practices, open system, closed system, lateral ditches, shared use ponds, exfiltration, etc., or a combination thereof, within or outside the existing right-of-way. The design/coordination of off- site ponds is part of this Scope of Services. The number of off-site ponds required for water quality treatment will be finalized after the first RAI is received from the permitting agencies and up to two pond sites are anticipated as part of this scope. If after the 90% submittal additional off-site ponds are required, this shall be considered as Additional Service. 2.3 Utility Coordination The CONSULTANT will: · Identify and depict all public and private utilities within the Phase I project limits based on best information available from the local utility agency (UAO). Survey tasks will locate above-ground utilities and facilities such as manholes, valve boxes, etc. Physical underground locates (Vvh's) of existing utilities will be required at all areas of conflict with proposed roadway improvements. A quantity of 100 underground locates (Vvh's) is anticipated for this project, and is included in this Scope of Services. Phase IA will require less than ten wh's for mast arm pole location design and are included in the total number listed above. Additional utility coordination and wh's for street light design, if required, is not part of this scope and will be considered as Additional Services. If requested by the COUNTY, additional Vvh's of existing utilities will be negotiated as Additional Services. . Identify needs to relocate, modify, and/or leave in place. · Provide each utility company with clear documentation for construction of the project. · Existing Collier County owned utilities will require relocation from the proposed roadway pavement to where right-of-way is available. Such relocations for like size are included in this Scope of Services. Requests by Collier County Utilities for utility design upgrades of pipelines (such as additional or increased capacity of water, sanitary sewer, reclaimed water) that are located outside of proposed roadway pavement or are currently located under pavement are not part of this scope and will be considered Additional Services. Local Utility Agency (UAO) utility modificationslrelocations are not included in this Scope of Services and will be considered Additional Services. CONSULTANT will coordinate the need for additional utility facilities during the design process. PSA A.3 CONSULTANT shall anticipate additional utility facilities to be incorporated into the plans before the 90% plans stage. Revision of design documents after the 90% stage to include additional utility facilities will be considered as Additional Services. 2.4 Permits It is the responsibility of the CONSULTANT to: . Identify needed permits. · Obtain COUNTY review of the plans and application before submitting to the permitting agencies. · Assist the COUNTY in developing the permitting strategy for the project. · Obtain necessary permits including, but not limited to: ~ Environmental Resource Permit (ERP) from the South Florida Water Management (SFWMD), FDOT, and the U.S. Army Corps of Engineers (U.S. Army COE); ~ National Pollutant Discharge Elimination System Permit from the Florida Department of Environmental Protection (FDEP) and the Environmental Protection Agency; ~ SFWMD - Right-of-Way Permits for any canal/creek crossings; namely Henderson Creek; and ~ FDEP for water and sanitary sewer replacements as part of this scope. The CONSULTANT will be responsible to see that all required environmental assessments and surveys are performed. Phase II Surveys (Environmental) and Specific Species (T&E) Surveys, as described in Section 9. The COUNTY is to be notified of all meetings with the regulatory agencies and a COUNTY representative shall be present at all meetings with regulatory agencies. 2.5 Structures For Phase I, a Bridge Development Report (BDR) for the future Grade Separated Overpass, preferred Alternatives 2A and 2B (Conceptual Intersection Improvement Study Report for US41 and CR951, November 2008) is part of this Scope of Services. For Phases I and lA, the CONSULTANT should anticipate the design of miscellaneous foundations, special lighting foundations, mast arm signalization structures, sound barrier walls, retaining walls and bus pads to be included in this Scope of Services. The design of these facilities will be limited to what is required for the project. Should these designs become necessary due to development needs, this will be negotiated as Additional Services. PSA A4 Repairs or replacement of the bridges at Henderson Creek are not anticipated in Phase IA. 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. Signing and pavement markings shall be determined during the design process starting after the 30% Plans Submittal. 2.7 Signals This Scope of Services includes the design of signals within the footprint of the intersection of US 41/Tamiami Trail and Collier Blvd. (CR 951)(Phase I). A signal analysis report will be required for the US 41/CR 951 intersection to determine the type of signal system that is required. For Phase lA, existing signal modifications should be anticipated including conversion of the existing span wire signal system to mast arms at mile posts 8.491 and 8.615. 2.8 Lighting This Scope of Services includes the design of roadway lighting for the Phase I segment of the Project. The CONSULTANT will analyze the luminescence needs for the Project, and provide recommendations for street lighting compatible with an ultimate six-lane configuration. A Lighting Justification Report will be included as part of this Scope of Services for the Phase IA segment. However, design of roadway lighting is not anticipated for Phase IA. Lighting design for this project will be in a manner that is consistent with Collier County and FDOT design standards. 2.9 Landscapellrrigation and Hardscape Design For the Phase I segment, the CONSULTANT shall provide "base level of landscaping" in the roadway plans as follows: electrical and irrigation sleeving, clean median backfill with landscape quality soil, non-mountable Type F curbing and brick pavers at the median ends. Specification and references in "Landscape and Irrigation Specifications for Beautification Improvements" are found in the Collier County's Right of Way Manual. 2.10 Minimum Survey Requirements Survevina Limits: Provide a detail topographic and control survey of the project. All work shall be certified by a professionally registered surveyor in the State of Florida. 2.10.1 Control Survey Reproduce recorded right-of-way and baseline information. Right-of-way shall include all intersecting roads within the project limits. All right-of-way information shall be labeled, including, date, bearings and distances. In addition the following information shall be noted: PSA A-5 a. Horizontal datum - tied into the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. The CONSULTANT will provide project control network sheets for the survey baseline control points instead of setting reference points. b. Physical ties to each benchmark - permanent benchmarks shall be established at 500-foot intervals along the roadway. c. Vertical datum (benchmarks) - 1988 (NAVD 88) d. Locate visible boundary monuments. e. Existing layout shall be tied to the existing right-of-way. f. Locate existing visible property markers (e.g. - iron pipe, stone bound) g. Tie buildings located within 50 feet of the existing right-of-way. 2.10.2 Property ownership shall be determined from Collier County records and incorporated into the plan drawings and files. Property lines do not need to be surveyed, but shall be verified utilizing any visible property markers, wherever possible. The CONSULTANT will utilize all available means to identifying property information. Upon submittal of the Rights-of way maps, legal sketches and description at the 60% design phase, the COUNTY shall verify the accuracy of the information by doing a title search. 2.10.3 Topographic Survey 2.10.3.1 Detail information - Survey shall include all physical features which accurately depict the existing condition of the project area. The information shall include, but is not limited to, the following: a. Roadway Pavement b. Driveways, and Parking Areas - note the limits within survey coverage and type of pavement or surface. c. Curbing, edging, medians, and barriers - note limits and type. d. Sidewalks, walkways, and handicap ramps - note limits and type. e. Wall information (type, height and thickness), step/stair information (type, top step elevation, bottom elevation and number of rises.) f. Top of slope and toe of slope. g. Guard rail- note limits and type. PSA A-6 h. Landscape material and irrigation lines (available through Alternate Transportation Modes Department) on existing as- built plans. i. The surveyor will show all above-ground utility structures and will coordinate with Sunshine One Call and local utility providers to flag the existing underground utilities located within the limits of the project. Note that the utility providers are not obligated to flag their existing facilities for design purposes. The surveyor or project engineer can request a design locate for the project area. The utility providers have thirty days to respond to this request. They can either agree to locate the facilities for free, charge a fee for their services or not locate at all. Any fees related to the flagging of the existing underground utilities are the responsibility of the COUNTY. . Sanitary sewer > Manholes - rims, inverts, and condition (collapsed, plugged, etc.) > Pipes - size, type, and direction of flow > Force mains and pump stations . Drain System > Catch Basins - grate elevation, inverts and condition (collapsed, plugged, etc.). > Manholes - rims, inverts and condition (collapsed, plugged, etc.) > Pipes - size, type and direction of flow. > Existing drainage outlets with invert and headwall information located within 50 feet of the existing right- of-way in any direction. > Utility lines - size, type, for water, reclaimed water, gas, telephone, sewer, electric and CATV. > Hydrants and water valves. > Hand holes and pull boxes. > Gas Valves. > Telephone and electric manholes. PSA A.7 ~ Utility and light poles and guy wires, including overhead wires. ~ Any other public or private utility structure or casting located within the defined limits of survey. j. Collect spot elevations at 100' intervals consistent with the baseline stations and at critical locations including top and bottom of curb, centerline grades, back of sidewalks and at changes in slope. Elevations to be given up the center of the existing driveways. k. Existing contours will be shown at one-foot intervals. I. Pavement markings, including lane use and shoulder width, crosswalks and stop bars. m. Traffic/road signs - note direction in which sign face, material type (wood or aluminum) legend and wording, including those mounted on utility poles, signal posts, and bridges. n. Traffic signal equipment. Include if applicable: . Control cabinets . Mast arms . Span wires . Signal posts . Pedestrian signals push buttons, cross walks, pull boxes. o. Existing Buildings . Collect the finish floor elevations and garage openings for the existing buildings and structures located within 50 feet of the existing right-of-way lines. . Existing Landscape installation and irrigation lines 2.10.4 Jurisdictional Flagging 2.10.4.1 Locate an estimated 3,000 L.F. of SFWMD/ACOE jurisdictional wetland line ribbon as flagged by the CONSULTANT within the proposed construction limits. 2.10.4.2 Field locate five (5) hydrological seasonal water indicators within the project limits as established by the environmental CONSULTANT and SFWMD. 2.10.4.3 Produce an electronic file for the COUNTY to use as needed for site planning and the environmental agencies jurisdictional wetland line documentation process. PSA A-8 2.10.4.4 Provide a signed and sealed survey delineating the boundaries of the wetlands that will be witnessed to the proposed right-of-way limits as required by the Florida Administration Code 62-343.040. 2.10.5 Pond Sites 2.10.5.1 Prepare a boundary and topographic survey for pond site locations. Sites to be determined by the engineering design team. Spot elevations will be collected on a 200' +/- grid and extend 100' beyond the parcel external boundary lines. 2.10.6 Sketch and Description 2.10.6.1 Prepare a sketch and legal description for the real property (acquisition), permanent and temporary easements. All sketch and descriptions will be prepared accordance with National Environmental Policy A guidelines and maintain the Uniform Relocation Act (URA) standards. 2.10.7 Deliverables 2.10.7.1 The final control survey shall be delivered in an acceptable CADD format which will either be DWG or DGN, with attached surveyors' reports. 2.10.7.2 The control survey shall be set up at a scale of 1:200. All relevant text and symbol sizes for existing information shall conform to this scale. The electronic topographic survey shall be set up at a scale of 1 :40. All relevant text and symbol sizes for existing information shall conform to the requirements of the design engineer. 2.10.7.3 The final control survey shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points or with a Global Positioning System-based network, to assure an error-free or closed control network. Relative error or loop closure will conform to requirements of subsection 61G17-6.003(1) (e), FAC. All control points will be referenced to the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. 2.10.7.4 Up to ten (10) copies of the final control survey will be provided in hard copy print, signed and sealed by a Florida registered Surveyor and Mapper. 2.11 Photogrammetry PSA A.9 The photogrammetric mapping will meet or exceed the requirements of the State of Florida Minimum Technical Standards set forth in Chapter 61G17-6. A final signed and sealed map report will be part of this Scope of Services. 2.12 Mapping For Phase I, the Main Corridor, CR 951, for the US-41/CR-951 intersection improvement project will begin 2,000 feet south of the southern right-of-way line of US-41 and extend northerly 2,200 feet from the southern right-of-way line of US- 41. Mapping bandwidth for this main route will be 300 feet. A summary of all routes to be mapped are described as follows: a. Main Corridor - As described above. Total length is 4,200 feet. The mapping bandwidth will be 300' centered on the existing survey baseline. b. For US-41 the mapping will extend 1,000 feet west and 1,000 feet east of the existing survey baseline of CR-951. The mapping bandwidth will be 300 feet centered on the existing survey baseline for US-41. c. Secondary Side Streets - The mapping will extend 200 feet east and west of the Main Corridor, CR 951, for side streets including: Eagle Creek Drive, Pasedo Drive, Eagle Creek Shopping Center Access Drive, Beach Resort Blvd. and Triangle Blvd. For Triangle Blvd. the mapping will extend 700 feet west of the main corridor. The mapping bandwidth on all of these will be 100 feet centered on their apparent pavement centerlines. For US 41 the side streets will include Pinnacle Drive. d. Driveway entrances - The mapping shall include all of the unnamed driveway entrances that fall within the project limits. The mapping shall cover the full driveway widths plus 50 feet on each side and extend a minimum of 100 feet beyond the edge of CR 951 or US 41 outside travel or turn lanes. For Phase lA, The main corridor survey along CR 951 shall extend 150 feet east and west of the centerline of right-of-way of CR 951. A summary of all routes to be mapped are described as follows: a. Main Corridor - As described above. Total length is 3.219 miles. The mapping bandwidth will be 300 feet centered on the existing survey baseline. b. Secondary Side Streets - The mapping will extend 200 feet east and west of the Main Corridor, CR 951, for all side streets. c. Driveway entrances - The mapping shall include all of the unnamed driveway entrances that fall within the project limits. The mapping shall cover the full driveway widths plus 50 feet on each side and extend a minimum of 100 feet beyond the edge of CR 951 outside travel or turn lanes. 2.13 Geotechnical 2.13.1 A subsoil investigation plan shall be submitted to COUNTY for approval prior to site investigation. Muck and cap rock conditions are typical to Southwest Florida. Not encountering muck and cap rock is outside the norm in Collier County. The presence of both must be identified and quantified in PSA A.lO the soils report for the project. To do this may require additional hand holes in muck and deeper drill holes to penetrate the cap rock and identify the soil layers below than was originally shown in the investigation plan. The Soils Report shall contain a signed statement by the geotechnical engineer that they have walked the project site and verified to the best of their ability that information provided in the report is representative of what the surface conditions and vegetation suggest would exist below. Where cap rock is expected to be encountered in the installation of stormwater pipe and other structures, the horizontal and vertical extents of the "Rock Trench Excavation" and "muck removal" shall be estimated. 2.13.2 The geotechnical subsoil investigation for Phase I will consist of the following: · Roadway auger borings every 100 feet to a depth of 6 feet. · Soil classification testing at 3 samples per mile per stratum (Sieves, Atterbergs. Organic testing, and etc.) · LBR sampling and testing at 3 per mile. · Pavement core sampling and testing at 1 sample per 1,000 feet. · Corrosion series testing at sample per abundant stratum per 1,000 feet. · Buried storm sewer system SPT borings to a depth of 20 feet every 500 feet. · SPT borings on all corners of intersection for all new signals and/or mast . arms to a depth of 25 feet. · Two corrosion series tests at each intersection location. · Two SPT borings to a depth of 25 feet at each wet detention pond location. · Two borehole permeability tests at each wet detention pond location · Piezometer installations at 1 per pond for Seasonal High Groundwater Level (SHGWL) determinations · Exfiltration test per 500 feet of exfiltration trench · Additional auger borings for muck delineations · Drilling permits, as needed (i.e. pond borings) . Traffic control for the above mentioned services We have assumed that sound barrier walls will not be necessary, and therefore have not been included in our scope. 2.13.3 The geotechnical subsoil investigation for the Bridge Development Report included as part of Phase I will consist of the following: · SPT borings to a depth of 100 feet every 500 feet of estimated bridge length, but no less than 2 borings. · Three corrosion series tests per each bridge boring. · Traffic control for the SPT borings. · 4 SPT borings for retaining walls at a depth of 40 feet (2 x 20 feet depth) 2.13.4 The geotechnical investigation for Phase IA will consist of the following: PSA A-ll . Pavement core sampling and testing at 1 sample per 1,000 feet. · SPT borings, 6 borings (3 at each of the 2 intersections) for all new signals and/or mast arms to a depth of 25 feet. . Two corrosion series tests at each intersection location. . Traffic control for the above mentioned services. It is assumed that there will not be any new utilities and/or drainage improvements associated with Phase IA of the project. All Geotechnical work shall meet the minimum requirements of the FDOT Soils and Foundations Handbook. 2.14 Archaeological Surveys (included in Section 9) 2.15 Noise Analysis CONSULTANT will perform a noise analysis and provide recommendations to the COUNTY, and FDOT for noise mitigation. 2.16 Architecture (Not applicable to this project) 2.17 Joint Project Agreements This Joint Participation Agreement (JPA) is a stand-alone contract between the FDOT and COUNTY. The FDOT will reimburse the COUNTY for the design and construction of Roadway ID 03030000 (SR-951 Collier Blvd) from south of Fiddlers Creek Parkway to south of US 41/ SR 90 resurfacing and is included in this Scope of Services. The CONSULTANT shall coordinate the need for Joint Project Agreements (JPAs) to include the repair, restoration and rehabilitation of CR 951 as stated in the project limits. If so directed by the COUNTY, additional JPAs may include utility design, relocation/modification and shall be considered Additional Services. 2.18 Specifications Package The governing specifications shall be the current FDOT Standard Specifications for Road and Bridge Construction and supplemented by Collier County specifications. The CONSULTANT shall prepare, sign and seal the specifications package if applicable. 2.19 Project Schedule The design schedules for Phase I and Phase IA shall run concurrently and shall provide 24-month for Phase I and 18-month for Phase IA. The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design. The Phase I schedule shall indicate, at a minimum, submission dates for 30% Plans, 60% Plans, 90% Plans and 100% Plans, and SFWMD Permits. The Phase IA schedule shall indicate, at a minimum, submission dates for 60% Plans, 90% PSA A.]2 Plans and 100% Plans, and SFWMD Permits. The schedules shall allow twenty one (21) calendar days for the COUNTY reviews of the 30% to 100% plans. The Phase I schedule shall provide a twelve (12) month minimum duration to allow for right-of-way acquisition. A constructability review will be conducted by the COUNTY at the 60% plan submittal phase. The CONSULTANT shall submit construction schedules in Microsoft Project along with the plans at this stage of the design. The construction schedule shall be updated for the submittal at 100% design stage. The 100% plans shall not be submitted prior to obtaining a notice of intent to permit from SFWMD and the Jacksonville FDOT U.S. Army COE. Periodically, throughout the duration of the project, the design schedule shall be reviewed and, with the approval of the COUNTY, adjusted as necessary to incorporate changes in the work concept and progress to date. 2.20 Submittals - Deliverables Phases I and IA shall be let for construction under two (2) separate bid packages. The CONSULTANT shall furnish two submittal packages along with plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of 11" x 17" design plans of Phase I and Phase IA for distribution, as follows: · Phase I: 30% - 12 sets (Phase I only). · Phase II: 60% - 12 sets · Phase III: 90% - 13 sets · Phase IV: 100% -15 sets (4 sets shall be original copies). The CONSULTANT shall furnish a camera ready set of signed/sealed plans and specifications to the COUNTY at Phase IV completion. All electronic (digital) files of final plans and specifications will be submitted to the COUNTY on CD. The size of the final plans shall be 11" x 17". Drawings files shall be provided in a fully functional MicroStation V8 (.dgn) and AutoCAD 2008 (.dwg) software format, and also plotted or scanned to an Adobe Acrobat (.pdt) format in individual sheets. Specifications shall be provided in Microsoft Word 2003 or later. Table 1 - Engineering/Environmental Documents Phase Phase I IA 4.1 2 2 4.2 2 2 4.9 N/A 2 4.1 5 5 6.2 3 N/A 6.2 2 N/A 6.13 2 N/A PSA A.I3 8.2 Complete Permit Involvement Form 2 2 8.5 Permit Applications 2 2 South Florida Water Management FDOT Right-of-way 8.5 Permits 2 N/A 9 Cultural Resource Assessment Survey 3 N/A PSA A.14 Table 1 - Engineering/Environmental Documents (cont'd) Phase Engineering / Environmental Documents Phase I IA 9 Biological Assessment 3 N/A 9 Phase II Environmental Site Assessment Report 3 N/A 10.16 Bridge Development Report (Draft) 3 N/A 10.16 BridQe Development Report (Final) 3 N/A 19.4 Multi-Post sian Suooort Calculations 3 3 21.2 Traffic Analvsis Memorandum 3 N/A Lighting Design Analysis Report (Includes Design 23.2 Documentation) N/A 3 27 Certified RiQht-of-way Control Survey Drawinas 4 N/A 30 Soils Reoort 2 2 32.5 Noise Studv Reoort 2 N/A 9 PD & E Reevaluation Report (Draft) 3 N/A 9 PD&E Reevaluation Report (Final) 3 N/A 2.21 Provisions for Work All maps, plans and designs are to be prepared with English units in accordance with all applicable current Collier County and FDOT manuals, memorandums, guidelines, and other documents (if applicable) listed below. General . Florida Statutes . Florida Administrative Codes . Florida Department of Transportation Project Development and Environmental Manual . Florida Department of Transportation Plans Preparation Manual . Florida Department of Transportation Standard Specifications for Road and Bridge Construction . Florida Department of Transportation Handbook for Preparation of Specifications Package . Florida Department of Transportation Design Standards for Design, Construction, Maintenance, and Utility Operations on the State Highway System . Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways . Bicycle Facilities Planning and Design Manual, Rev. Ed. 1982 . CADD Production Criteria Handbook . CADD Manual . Florida's Level of Service Standards and Guidelines Manual for Planning . Equivalent Single Axle Load Guidelines . Design Traffic Procedure . K-Factor Estimation Process PSA A.15 . Project Traffic Forecasting Guidelines . Florida Department of Transportation Basis of Estimates Manual . Quality Assurance Guidelines . Safety Standards . Rule 61G17-6, FAC., Minimum Technical Standards for Professional Surveyors and Mappers . Department of Environmental Protection Rules Governing Mean High Water and Jurisdictional Line Surveys . Any special instructions from the DEPARTMENT . Utility Accommodations Guidelines . Policy for Geometric Design of Highways and Streets . Florida Department of Transportation Materials Manual . Americans with Disabilities Act Accessibility Guidelines (ADAAG) . 40 CFR, Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants (NESHAP), Environmental Protection Agency (EPA) . 40 CFR, Part 763, Subpart E - Asbestos-Containing Materials in Schools, EPA . 40 CFR, Part 763, Subpart G - Asbestos Worker Protection, EPA . 29 CFR, Part 1910.1101 - Asbestos Standard for Industry, U.S. Occupational Safety and Health Administration (OSHA) . 29 CFR, Part 1926, 1101 - Asbestos Standard for Construction, OSHA . Ch. 62257, FAC. - Asbestos Program, Florida Department of Environmental Protection (DEP) . Ch. 469, F.S. - Asbestos Abatement, Florida Department of Business and Professional Regulation (DBPR) . Model Guide Specifications - Asbestos Abatement and Management in Buildings, National Institute for Building Sciences (NIBS) . Collier County Traffic Special Provisions and Details (Signalization) (August 2009) . Collier County Roadway Lighting Design Standards (Updated 9/10/09) . Collier County Right-of-Way Ordinance 2009-19 "Construction Standards Handbook for Work Within Public Right-of-Way" Permits . Chapter 373, F.S. . Bridge Permit Application Guide, COMDT PUB P16591.3B . Building Permit DrainaQe . Drainage Manual . Drainage Handbooks . Storm Drain . Optional Pipe Materials . Stormwater Management Facility . Cross Drain . Erosion and Sediment Control . Hydrology . Temporary Drainage Handbook . Collier County Water Management Ordinances and Resolutions (CC Ordinances 2007-11, 2003-58, 2001-27, and 90-10; Collier County Resolution 2008-80 PSA A.16 Survey . Location Survey Manual . Highway Field Survey Specifications . Automated Survey Data Gathering . Outline Specifications for Aerial Surveys and Photogrammetry for Transportation Projects . Standards for CONSULTANT-Submitted G.P.S. Static Control Projects . EFB User Guide . Chapter 472, F.S. . Chapter 177, F.S. . FDEP Bureau of Surveying and Mapping Traffic Operation Manuals . American Disabilities Act . AASHTO - Guide for Development of Bicycle Facilities . Federal Highway Administration Standard Highway Signs Manual . Florida Department of Transportation Traffic Engineering Manual · Florida Department of Transportation Manual on Uniform Traffic Studies (MUTS) . National Electrical Code . National Electric Safety Code . Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) . Minimum Specifications for Traffic Control Signal Devices . Florida Department of Transportation - Florida Roundabout Guide . FHWA - Roundabouts: An Informational Guide . Florida Department of Transportation Median Handbook . AASHTO - An Information Guide for Highway Lighting . Collier County Specification for Signal & Lighting Mappinq . Right-of-Way Mapping . Florida Department of Transportation Right-of-Way Handbook . Florida Department of Transportation Right-of-Way Manual Structures . AASHTO lRFD Bridge Design Specifications and Interims . AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals, dated 1994 . AASHTO Guide Specifications for Horizontally Curved Steel Girder Highway Bridges . AASHTO LRFD Design Examples - Horizontally Curved Steel Bridges . AASHTO/-AWS-D1. 5M/D1.5: An American National Standard Bridge Welding Code . AASHTO Guide Specifications for Structural Design of Sound Barriers . Florida Department of Transportation Structures Design Guidelines . Florida Department of Transportation Structures Detailing Manual . Florida Department of Transportation Design Standards . Florida Department of Transportation Structures Design Office Temporary Design Bulletins (available on Florida Department of Transportation Structures web site only) PSA A.17 . Florida Department of Transportation Preferred Details (available on Florida Department of Transportation Structures web site only) . Florida Department of Transportation - New Directions For Florida Post- Tensioned Bridges Volumes 1-5 . Florida Department of Transportation Bridge Load Rating Permitting and Posting Manual Geotechnical . Soils and Foundation Handbook . Manual of Florida Sampling and Testing Methods Landscape Architecture . Florida Highway Landscape Guide . Building Codes . Florida Building Code . Accessibility for Persons with Disabilities o Florida Accessibility Code for Building Construction o Chapter 13D-1, FAC o Section 255.21 and Chapter 553, Part V, F.S. o ANSI A117.1 - 1986 o Titles II and III, Americans With Disabilities Act (ADA), Public Law 101-336; and the ADA Accessibility Guidelines (ADAAG) . Fire Codes and Rules o NFPA 70-1990 o NFPA 101-1997 o NFPA 10-1998 o NFPA 11-1999 o NFPA 11A-1998 Systems o NFPA 12-1998 o NFPA 13-1996 o NFPA 30-1996 o NFPA 54-1996 o NFPA 58-1998 Architectural National Electrical Code Life Safety Code Standard for Portable Fire Extinguishers Standard for Low-Expansion Foam Systems Standard for High- and Medium-Expansion Foam Standard for Carbon Dioxide Extinguishing Systems Installation of Sprinkler Systems Flammable and Combustible Liquids Code National Gas Fuel Code LP-Gas Code Florida Fire Prevention Code as adopted by the State Fire Marshal. Consult with the Florida State Fire Marshal's office for other frequently used codes. . Energy Conservation o Rule 13D-10, FAC, Rules for Construction and Leases of State-Owned Buildings to Ensure Energy Conservation o Section 255.251, F.S., Florida Energy Conservation Act of 1974 o Section 255.255, F.S., Life-Cycle Costs . Glass o Chapter 553, F.S., Part III, Glass . Elevators o Chapter 7C-5, Florida Elevator Code o Chapter 399, F.S., Elevators . Flood Plain Management Criteria PSA A.IS o Section 255.25, F.S., Approval Required Prior to Construction or Lease of Buildings o Rules of the Federal Emergency Management Agency (FEMA) . Extinguishing Systems o NFPA 10 Fire Extinguishers o NFPA 13 Sprinkler o NFPA 14 Standpipe and Hose System o NFPA 17 Dry Chemical o NFPA 20 Centrifugal Fire Pump o NFPA 24 Private Fire Service Mains o NFPA 200 Standard on Clean Agent Fire Extinguishing Systems . Detection and Fire Alarm Systems o NFPA 70 Electrical Code o NFPA 72 Standard for the Installation, Maintenance and Use of Local o NFPA 72E o NFPA 72H Systems o NFPA 72G Appliances o NFPA 74 o NFPA 75 . Mechanical Systems o NFPA 90A o NFPA 92A o NFPA 96 Commercial Protective Signaling Systems Automatic Fire Detectors Testing Procedures for Remote Station and Proprietary Installation, Maintenance, and Use of Notification Household Fire Warning Equipment Protection of Electronic Computer Equipment Air Conditioning and Ventilating Systems Smoke Control Systems Removal of Smoke and Grease-Laden Vapors from Cooking Equipment o NFPA 204M Smoke and Heating Venting . Miscellaneous Systems o NFPA 45 Laboratories Using Chemicals o NFPA 80 Fire Doors and Windows o NFPA 88A Parking Structures o NFPA 105 Smoke and Draft-Control Door Assemblies o NFPA 110 Emergency and Standby Power Systems o NFPA 220 Types of Building Construction o NFPA 241 Safeguard Construction, Alteration, and Operations o SFM FAC 4A-47 Elevators o SFM 4A-51 Boilers . Other o Chapter 10D-6 FAC On Site Sewage Disposal Systems (Septic Tanks) o Chapter 17-6.070 FAC Wastewater Facilities (Treatment Plants) o Chapter 17-761 FAC Underground Storage Tank Rules These documents are revised periodically by the responsible agencies and adopted by authorities having jurisdiction on building projects. The design CONSULTANT and the project manager are advised to obtain applicable versions of these documents from the responsible agency prior to use: PSA A-19 . American Concrete Institute . American Institute of Architects - Architect's Handbook of Professional Practice · American Society for Testing and Materials - ASTM Standards . Southem Building Code Congress International - Standard Building Codes . Brick Institute of America . DMS - Standards for Design of State Facilities . Florida Concrete Products Association . Florida Department of Transportation - Standard Specifications for Road and Bridge Construction . Florida Department of Transportation - Plans Preparation Manual . Florida Department of Transportation - Roadway and Traffic Design Standards . Florida Department of Transportation - Structures Design Guidelines . Florida Department of Transportation - Structures Detailing Manual · Florida Department of Transportation - Structures Standard Drawings . Florida Department of Transportation - ADA/Accessibility Procedure . Florida Department of Transportation - Fixed Capital Outlay Program . Florida Department of Transportation - Building Code Compliance Procedure . Florida Department of Transportation - Asbestos Management Program Procedure . Florida Department of Transportation - Design Build Procurement and Administration . National Concrete Masonry Association . National Electrical Code (current edition) . National Fire Protection Association - Life Safety Code (current edition) . Portland Cement Association - Concrete Masonry Handbook . South Florida Building Code 2.22 Services to be performed by the COUNTY: 1. When appropriate, the COUNTY will provide those services and materials as set forth below: a. Provide general guidelines of the COUNTY to be used in the fulfillment of this contract. b. Provide the appropriate signatures on application forms. 2. Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY. 3. Provide all fees associated with permit submittals. 4. Provide reviews of project plans during the various stages of plan development within schedule. 5. All future information that may come to the COUNTY during the term of the CONSULTANT'S Agreement. 6. Project data currently on file. 7. COUNTY standards - LDC, specifications and review services. PSA A.20 8. All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. 9. All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part ofthe existing right-of-way. 10. Provide rights of entry authorization for COUNTY properties within the project limits. 11. Completed front-end construction document sections required for bidding and construction, where different than FDOT documents. 12. The COUNTY will be responsible for the public involvement program, including coordination with FDOT, preparation of the public involvement plan, community awareness plan, advertisements, press releases, PowerPoint presentation, mailing lists, handouts, and newsletters. 13. Right-of-way appraisal services 3. PROJECT GENERAL TASKS Project General Tasks are applicable to the project as a whole and are described in Sections 3.1 through 3.7 of this Scope of Services. Project Common Tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 32. Proiect Research: The CONSULTANT shall perform research of existing DCA, PUD and DRI documents for developments adjacent to the project for commitments regarding Right-of-way, Stormwater Management, Roadway Improvements, or any other commitments involving the interests of the COUNTY. The CONSULTANT shall anticipate up to six (6) PUDS' or DRl's approved by the COUNTY to be incorporated into the plans prior to the 100% plans submittal stage of this contract. After the 100% plans submittal incorporating additional DCA's, PUD's or DRI shall be considered Additional Services. Cost Estimates: The CONSULTANT shall be responsible for producing an opinion of probable construction cost estimate and reviewing and updating the cost estimate at project milestones. A cost estimate should be provided after each phase submittal. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction (2007) and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-112"x11" sheets and shall not have PSA A.21 holes punched or be bound in any way that would create a problem for high volume reproduction. Technical Special Provisions will be developed using Microsoft Word (.doc). Furnishing electronic copy in a format other than Microsoft Word or Adobe Acrobat (.pdt) will be considered Additional Services. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project identified in this scope of work. Technical Meetinas: Includes meetings with the COUNTY and FDOT or other Agency staff, between disciplines and CONSULTANTs, such as access management meetings, pavement design meetings, local governments, progress review meetings (phase review), and miscellaneous meetings. Quality Assurance/Quality Control: It is the intention of the COUNTY that the design CONSULTANT is held responsible for their work, including plans review. The purpose of CONSULTANT Plan Reviews is that the CONSULTANT'S plans follow applicable plan preparation procedures outlined in the FDOT Plans Preparation Manual, that county, state and federal design criteria are followed consistent with the FDOT US 41 PD&E Study dated June 2008, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, through all stages of design and project construction, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services furnished by the CONSULTANT under this contract. Independent Peer Reviews are (Not applicable to this project). Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. CONSULTANT shall provide coordination with FDOT Project FPID# 41562123201 - US 41 from SR 951 to Greenway. 3.1 Public InvolvementIWorkshop Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be kept informed about the project. Up to four (4) Public Informational Meetings will be held on the Phase I project, one after each design phase. The 60% phase may be a public workshop and the last being a Construction Kick-off Meeting. In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULTANT shall anticipate participation in up to six (6) additional meetings for this purpose with minimal COUNTY PSA A.22 involvement. This work is included in the Scope of Services. The public information meeting locations are to be determined and paid for by the COUNTY. The COUNTY will be responsible for the public involvement program, including coordination with FDOT, preparation of the public involvement plan, community awareness plan, advertisements, press releases, PowerPoint presentation, mailing lists, handouts, and newsletters. The CONSULTANT's role will be limited to preparation of exhibits for and attendance at the public informational meetings. 3.2 Joint Project Agreements This Joint Participation Agreement (JPA) is a stand-alone contract between the FDOT and COUNTY. The FDOT will reimburse the COUNTY for the design and construction of Roadway ID 03030000 (SR-951 Collier Blvd) from south of Fiddlers Creek Parkway to south of US 41/ SR 90 resurfacing and is included in this Scope of Services. The CONSULTANT shall coordinate the need for Joint Project Agreements (JPAs) to include the repair, restoration and rehabilitation of CR 951 as stated in the project limits. If so directed by the COUNTY, additional JPAs may include utility design, relocation/modification and shall be considered Additional Services. 3.3 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2003 (or later) format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. Furnishing electronic copy in a format other than Microsoft Word or Adobe Acrobat (.pdt) will be considered Additional Services. The specification package shall be based on the 2007 edition of FDOT's Standard Specifications for Road and Bridge Construction as modified by COUNTY'S specification requirements. The specification package may include Special Provisions or Supplemental Specifications as directed by the COUNTY. The COUNTY will provide the completed front-end contract document sections. The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY and FDOT, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at the time of the 100% plan review submission. All comments will be returned to the CONSULTANT for correction and resolution. PSA A.23 The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of the following items: . Electronic version (Microsoft Word 2003 or later) of the specifications package. The cover page of the Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review to the COUNTY. 3.4 Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute CONSULTANT agreements, etc. 3.5 Value Engineering (Multi-Discipline Team) Review (Phase I only) The design for this project will be subjected to a Value Engineering (VE) review after the 30% submittal. The VE review will be conducted by a multi-disciplined independent team of COUNTY and CONSULTANT personnel for the purpose of the improving the value of the project. The CONSULTANT shall develop the design and contract documents based on the results of the value engineering study. 3.6 Coordination Meetings Prior to printing of the review plans at each of the 30%, 60%, 90% and 100% design phases, an advanced discussion of the project will take place at a Coordination Meeting. The CONSULTANT will provide COUNTY with review "progress" copies of the plans drawings two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. Written design review comments will be provided to the CONSULTANT. The purpose of the "progress review" meetings is to present the project to COUNTY staff and a discussion will take on what are understood to be the key issues. The goals of the meetings are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations. These coordination meetings will also include input at the Road Safety Audit scope development and Documentation meetings. 3.7 Project Manager Meetings Includes CONSULTANT Project Manager Staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. 3.8 Post Design Services PSA A.24 Post Design Services may include, but not limited to, meetings, construction assistance, plans revisions, shop drawing review, survey services and load ratings. Specific services will be negotiated as necessary as a contract amendment. Post Design Services are not intended for instances of CONSULTANT errors and/or omissions. 4. ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package Early in the design the CONSULTANT shall provide a Typical Section Package for approval by COUNTY prior to the 30% plans submittal. 4.2 Pavement Design Package The CONSULTANT shall provide a Pavement Design Package at the 30% plans submittal date. The COUNTY shall approve the Pavement Design prior to proceeding with the 60% design. 4.3 Access Management The CONSULTANT shall develop an access management plan to be approved by FDOT and COUNTY. The plan should follow FDOT access management guidelines for the access management class provided by the COUNTY or FDOT. The CONSULTANT shall review the access management recommendations as stated in the FDOT PD&E Study. The 30% plans will incorporate the access management recommendations included in the Final Conceptual Intersection Improvement Report, or as modified based on the access management plan to be prepared by the CONSULTANT. The COUNTY shall provide access management classification information to be used by the CONSULTANT immediately following Notice to Proceed. The CONSULTANT shall incorporate access management standards in coordination with COUNTY and FDOT criteria. The CONSULTANT shall review the access management recommendations as stated in the FDOT PD&E Study. 30% plans will incorporate access management recommendations per the PD&E Study if acceptable to the COUNTY. The COUNTY shall provide access management classification information to be used by the CONSULTANT immediately following Notice to Proceed. 4.4 HorizontalNertical Master Design Files The CONSULTANT shall design the geometrics using the design standards that are most appropriate with proper consideration given to the design traffic volumes, PSA A-25 design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management and scope of work. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the FDOT CADD manual. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Conceptual Traffic Control Phasing Plan (TCP) to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property and businesses, routing, signing and pavement markings. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. This will be the responsibility of the Contractor during construction; however, this does not excuse the design CONSULTANT from responsibility of coordinating both the TCP and the drainage design and will be held responsible if the Contractor uses the designed TCP phasing plans. The CONSULTANT shall investigate the need for temporary traffic signals, temporary lighting, and the use of materials such as sheet piling in the analysis. The Conceptual Traffic Control Plan shall be prepared by the CONSULTANT designee certified by the FDOT. 4.7 Master TCP Design Files The CONSULTANT shall prepare Conceptual Traffic Control Plans to be utilized by the Contractor as a reference for Bidding Purposes. The Contractor will be responsible for providing a full Traffic Control Plan per FDOT Standards, Signed and Sealed by a Florida Professional Engineer if deviating from the Contract documents. Conceptual traffic control plans will include phasing plan sheets. 4.8 Design Variations and Exceptions. The CONSULTANT will be required to prepare Design Variations as required for design of the project. Up to three (3) Design Variations are anticipated. 4.9 Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope which include a bridge development report, a soils report, and a noise analysis report. PSA A.26 The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8-1/2"x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8- 1/2"x11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the Computation Book per the FDOT Basis of Estimate Manual and pay item structure, and provide various summaries of quantities sheets. This includes all efforts required to develop the Computation Book and the supporting documentation, including estimated construction days when required. 4.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide at each submittal phase. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 4.12 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine (9) sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the COUNTY to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-112"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 4.13 Field Reviews Includes all trips required to obtain necessary data for all elements of the roadway analysis identified in this scope of work. 4.14 Technical Meetings Includes; meetings with the COUNTY or other Agency staff, between disciplines and CONSULTANTS, such as access management meetings, pavement design PSA A-27 meetings, progress review meetings (phase review), road safety audit and miscellaneous meetings necessary for all elements of the roadway analysis identified in this scope of work. 4.15 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 4.16 Independent Peer Review-(Not applicable to this project) 4.17 Supervision Includes all efforts required to supervise all technical design activities. 4.18 Coordination Includes; efforts to coordinate all elements of the roadway analysis to produce a final set of construction documents. 4.19 Road Safety Audits Two (2) road safety audits (RSA) will be performed by the COUNTY as part of this project, one prior to 30% plan submittal (Phase I) and one after the 60% plan submittal (Phase I and IA) and before the start of the 90% production phase. Each RSA will be conducted by an independent multi-disciplinary team of COUNTY and independent personnel to qualitatively estimate and report on potential road safety issues and to identify opportunities for improvements in safety for all road users. The CONSULTANT shall provide the proper information to the COUNTY for the RSA team use (project scope, aerial photos, environmental documents, design parameters, design plans, community/public agreements, etc.) and shall provide objective and careful consideration of the RSA team input. The CONSULTANT shall meet with COUNTY and RSA team during the pre-audit meeting of each RSA to discuss the context and scope of the RSA and review all project information available. The CONSULTANT shall meet with the COUNTY and RSA team at the conclusion of each audit to discuss the key RSA findings. An audit report will be provided to the CONSULTANT. The CONSULTANT and COUNTY shall jointly prepare a written response to the findings of the road safety audit outlining what actions will be taken in regards to each safety issue listed in the audit report. 5. ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Utility Adjustment Sheets, notes, and details as shown in Tables 2 and 3 - Anticipated Plan Sheets. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 5.1 Key Sheets PSA A.28 5.2 Summary of Pay Items Sheets (Including Quantity Input) 5.3 Drainage Map Sheets (Phase I only) 5.4 Typical Section Sheets 5.5 General Notes/Pay Item Notes Sheets 5.6 Summary of Quantities Sheets 5.7 Summary of Drainage Structures Sheets (Phase I only) 5.8 Optional Pipe/Culvert Material Sheet (Phase I only) 5.9 Project Layout Sheets 5.10 Plan/Profile Sheets (Phase I only) 5.11 Plan Sheets (Phase IA only) 5.12 Special Profile Sheets 5.13 Intersection Layout Details Sheets (include plateauing of one intersection) (Phase I only) 5.14 Miscellaneous Detail Sheets 5.15 Drainage Structure Sheets (Phase I only) 5.16 Miscellaneous Drainage Detail Sheets(Phase I only) 5.17 Lateral Ditch Plan/Profile Sheets (Phase I only) 5.18 Lateral Ditch Cross Sections Sheets 5.19 Retention/Detention Ponds Detail Sheets (Phase I only) 5.20 Retention/Detention Ponds Cross Sections Sheets (Phase I only) 5.21 Roadway Soil Survey Sheets (Phase I only) 5.22 Cross Sections (Phase I only) . Cross Section Sheets (Phase I only) . Cross Section Analysis (Phase IA) 5.23 Conceptual Traffic Control Plan Sheets (Phase I only) 5.24 Traffic Control Typical Section Sheets 5.25 Traffic Control Detail Sheets PSA A.29 5.26 Utility Adjustment Sheets 5.27 . Erosion Control Plan Sheets (Phase I only) 5.28 SWPPP Sheets 5.29 Project Control Network Sheet 5.30 Utility Verification Sheet (SUE Data) Sheets TABLE 2 - Anticipated Plan Sheets. Phase I Phase 30""" 60""" 90""" 100% Key Sheet P P C F Note to Reviewer Sheet P P C Summarv of Pav Items P C F Drainage Maps P P C F Typical Sections P C F F General Notes/Pav Item Notes P C F Summary of Quantities C F Summary of Drainage Structures C F Optional Pipe/Culvert Material C F Project Layout P C F F Roadway Analysis P C F F Roadway Plan and Profile P P C F Project Network Control P P C F Special Profile P C F Intersection Layout/Detail P P C F Miscellaneous Detail P C F Drainage Structures P C F RetentionlDetention Ponds P C F Retention Pond Cross Sections P C F Roadway Soil Survey P C F Cross Sections P C F Traffic Control Plans P P C F Utility Adiustment Plans P C F Erosion Control Plan P C F SWPPP P C F Utility Verification (SUE Data) P C F Noise Analvsis and Report P P C F Miscellaneous Structures Plans P C F Signing and Marking Analysis P C Signing and Pavement Marking Plans P C F Signal Analysis C F PSA A-30 TABLE 2 - Anticipated Plan Sheets - Phase I (cont'd) Phase 30% 60"Ai 90"Ai 100% Signalization Plans P C F Lighting Analvsis P C F LightinQ Plans P C F LandscapellrriQation/Hardscape Plans P F Joint Participation Agreement P P C F Right-of-way Maps P P C F Computation Book C F Specifications C F Bid Schedule C F Public InvolvementIWork Shop P P C F QAlQC P P C F Supervision P P C F Coordination P P C F P = Preliminary C = Complete F = Final TABLE 3 - Anticipated Plan Sheets - Phase IA Phase 60% 90% 100% Key Sheet P C F Notes to Reviewer Sheet P C Summary of Pay Items P C F Typical Sections C F F General Notes/Pay Item Notes P C F SummC!fY of Quantities C F Roadway Analysis C F F Roadwav Plan P C F Project Network Control P C F Miscellaneous Detail P C F Roadway Soil Survev P C F Traffic Control Plan Notes P C F Utility Adiustment Plans P C F Erosion Control Plan P C F SWPPP P C F Utility Verification (SUE Data) P C F Signing and Marking Analysis P C F Signing and Pavement Marking Plans P C F Signal Analvsis P C F PSA A.31 TABLE 3 - Anticipated Plan Sheets. Phase IA (cont'd) Phase 60"Ai 90% 100% SiQnalization Plans P C F Lighting Analysis C F Joint Participation Agreement P C F Computation Book C F Specifications C F Bid Schedule C F Public InvolvementIWork Shop F QA/QC P C F Supervision P C F Coordination P C F P = Preliminary C = Complete F = Final 6. DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall make drainage design recommendations to the COUNTY for the type of drainage system that should be used for the project, i.e., closed-drainage system and/or open roadside ditches. The drainage analysis shall be for the at-grade intersection improvement (Phase I) or the pavement footprint of Phase IB, whichever is the larger impervious area, and having the following limits: CR951 from MP 9.551 to MP 9.957 (a total distance of 4,244') and US 41 from Sta. 007+40 to Sta. 022+20 (a total distance of 1,480'). Once the drainage system is accepted and approved by the SFWMD, and the Notice of Intent to Permit from SFWMD is received, any changes to the system, requested by the COUNTY, shall be considered as Additional Services. The CONSULTANT is responsible for designing a drainage and stormwater management system that complies with the requirements of the appropriate regulatory agencies (SFWMD) and the. FDOT's Drainage Manual. The entire project will be permitted in a single application as part of the modification of one existing permit. Phase IA will not require a SFWMD permit or permit modification as part of the scope of the project. The CONSULTANT shall coordinate fully with the appropriate permitting agencies. The CONSULTANT work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation (Phase I only) Analyze, determine, and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the abovementioned surface waters. PSA A.32 6.2 Pond Siting Analysis and Report (Phase I only) Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The FDOT Drainage Manual provides specific documentation requirements. 6.3 Design of Cross Drains (Not applicable to this project) Analyze the hydraulic design of cross drains. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Dry Detention Areas (Phase I only) Design roadside dry detention areas. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls (Phase I only) Analyze and document the design of one (1) ditch or piped outfall from each pond. (Pond outlet structure included in task 6.6.) 6.6 Design of Stormwater Management Facility (Offsite Pond) (Phase I only) The number of off-site ponds required for water quality treatment will be finalized after the first RAI is received from the permitting agencies. No more than two (2) off-site ponds shall be designed. If after the 90% submittal additional off-site ponds are required, this shall be considered as Additional Service. Develop proposed pond layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditches as Linear Pond) (Phase I only) (Not applicable to this project) 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) 6.9 Design of Storm Drains (Phase I only) Develop drainage maps; determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlets scour protection. 6.10 Optional Culvert Material (Phase I only) Perform Optional pipe material analysis based on corrosion analysis. 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) PSA A.33 6.13 Drainage Design Documentation Report (Phase I only) Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Pond Siting Analysis Report. 6.14 Bridge Hydraulic Report (Not applicable to this project) 6.15 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with the each submittal phase. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 6.16 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 6.17 Field Reviews Includes all trips required to obtain necessary data for all elements of the drainage analysis identified in this scope of work. 6.18 Technical Meetings Includes meetings with the COUNTY and other Agency staff, between disciplines, and CONSULTANTS, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the drainage analysis. Also includes two public meetings related to the PD&E reevaluation and two coordination meetings with the FDOT consultant designing the US41 improvements. 6.19 Quality Assurance/Quality Control PSA A.34 The CONSULTANT shaU be responsible for the professional quality, technical accuracy and coordination of aU surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 6.20 Independent Peer Review (Not applicable to this project) 6.21 Supervision Includes aU efforts required to supervise aU technical design activities. 6.22 Coordination Includes efforts to coordinate aU elements of the drainage analysis of the project to produce a final set of construction documents. 7. UTILITIES The CONSULTANT shall identify existing/proposed utility facilities, obtain plans and information from the Utility Agency Owner (UAO), secure agreements, utility work schedules, and coordinate relocations/adjustments of existing/proposed utilities to certify that no conflicts exist between existing/proposed utility facilities and the Phase I roadway improvement construction project. Phase IA utility coordination is only required for traffic signal pole design at two intersections. Street light design, if justified, will not require utility coordination or relocation. 7.1 Kickoff Meeting Prior to any contact with the UAO(s), the CONSULTANT shall meet with the COUNTY to receive guidance, as may be required, to assure that aU necessary coordination will be accomplished in accordance with COUNTY procedures. CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Existing/Proposed UAO(s) Identify aU public and private utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Design Location Survey, and Existing Plans. 7.3 Make Utility Contacts First Contact: Send letters and two sets of plans to each utility. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of four (4) weeks prior to the meeting, the CONSULTANT shall transmit two (2) complete sets of 60% plans to each UAO having facilities located within the project limits, and one (1) set each to the COUNTY Offices. PSA A.35 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule time and notify participants, and conduct a preliminary utility meeting with all identified UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.6 Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.7 Collect and Review Plans and Data from UAO(s) CONSULTANT shall make determinations (Compensable Interest, Easements, Coordinate, and Analyze); ensure information (utility type, material and size) is sent to the designer for inclusion in the plans; and coordinate programming of funds. . Collier County Utility Relocation Design The CONSULTANT shall prepare engineering plan sheets that depict relocation of existing Collier County Utilities as required, consistent with other sections of this scope. The plans will include plan and profiles of proposed Collier County Utility lines, existing utilities, proposed roadway and drainage improvements, standard details and be consistent with the maintenance of traffic. Utility drawings will be reviewed by Collier County Utility staff prior to submittal for FDEP permits. 7.8 Subordination of Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting The CONSULTANT will add the RGBs to the plans and shall schedule time and, notify participants, and conduct a Utility meeting with all UAO(s} that are identified. The CONSULTANT shall be prepared to discuss drainage, traffic signalization. maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or PSA A.36 proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review and comment if required by the COUNTY. 7.11 Utility Coordination/Follow-up The CONSULTANT shall review FDOT standards, policies, procedures, and design criteria that are followed concerning utility coordination. The FDOT standards, policies, procedures, and design criteria are contained in the current adopted Design Standards, Standard Specifications for Road and Bridge Construction, Rule 14-46.001 (Utility Accommodation Manual), Utility User's Guide, and any Supplemental Specification, Provision, or Agreement attached to this Contract. The CONSULTANT may employ more than one individual or utility engineering CONSULTANT to provide utility coordination and engineering design expertise. The CONSULTANT shall identify a dedicated person responsible for managing all utility coordination activities. This person shall be contractually referred to as the Utility Coordination Manager. The Utility Coordination Manager shall be required to satisfactorily demonstrate to the COUNTY that they have the following knowledge, skills, and expertise: 1. A minimum of four (4) years of experience performing utility coordination in accordance with FDOT, FHWA, and ASHTO standards, policies, and procedures. 2. A thorough knowledge of the FDOT plans production process and FDOT utility coordination practices. 3. A thorough knowledge of COUNTY agreements, standards, policies, and procedures. The Utility Coordination Manager shall be responsible for, but not limited to, the following: 1. Making sure Utility Coordination and design is conducted in accordance to the FDOT, FHWA, and ASHTO standards, policies, procedures, and design criteria. PSA A.37 2. Assisting the engineer of record in identifying all existing utilities and coordinating any new installations. 3. SCheduling and performing utility coordination meetings, keeping and distribution of minutes/action items of all utility meetings, and ensuring expedient follow-up on all unresolved issues. 4. Distributing all plans, conflict matrixes and changes to affected utility and making sure this information is properly coordinated. 5. Identifying and coordinating the completion of any COUNTY or utility agreement that is required for reimbursement, or accommodation of the utility facilities associated with the project. 6. Assisting the Engineer of Record with resolving utility conflicts. 7. Review and notify the COUNTY that all Utility Work Schedules are correct and in accordance with the FDOT's standards, policies, and procedures. 8. Prepare, review and process all utility related reimbursable issues inclusive of betterment and salvage determination. 9. The CONSULTANT'S utility coordination work shall be preformed and directed by the identified Utility Coordination Manager that was identified and approved by the COUNTY. Any proposed change of the approved Utility Coordination Manager shall be subject to review and approval by the COUNTY prior to any change being made in this contract. 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. Coordinate with construction office. 7.13 Additional Utility Services CONSULTANT will prepare a utility conflict matrix based upon information supplied by the UAO(s). Coordinate underground locate requirements with SUE staff. 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project) 7.15 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. 7.16 Certification/Close-Out PSA A.38 This includes hours for transmitting utility files to the COUNTY/Collier County Utility DepartmenUFDOT and preparation of the Utility Certification Letter. The CONSULTANT shall certify to the appropriate COUNTY representatives the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on-site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies/Agencies and no utility work is required. 8. ENVIRONMENTAL PERMITS, COMPLIANCE AND CLEARANCES The CONSULTANT shall notify the COUNTY and the Collier County Environmental Permit Coordinator (Kevin Dugan), and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a Collier County representative to attend. The CONSULTANT shall copy the COUNTY and the Collier County Environmental Permit Coordinator on all permit related correspondences and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 8.2 Complete Permit Involvement Form The CONSULTANT shall document permit involvement in coordination with the COUNTY and the Collier County Environmental Permit Coordinator. To be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct the roadway improvement project. The CONSULTANT shall be responsible for, but not limited to, the following activities: · Determine landward extent of state waters as defined in Chapter 62-340 FAC as ratified in Section 373.4211 FS. PSA A.39 · Determine the jurisdictional boundaries of wetlands and surface waters within 25 feet of the project limits as defined by rules or regulations of any other permitting authority that is processing a Collier County permit application. · Prepare aerial maps showing the jurisdictional boundaries of wetlands and surface waters within the project limits. Aerial maps shall be reproducible, of a scale no greater than 1 "=200' and be recent photography. The maps shall show the jurisdictional limits of each agency. Xerox copies of aerials are not acceptable. · Acquire written verification of jurisdictional lines from the appropriate environmental agencies. · Prepare a written assessment of the current condition and relative value of the function being performed by wetlands and surface waters within the project limits. · Prepare data in tabular form which includes a number identified for each wetland impacted, size of wetland to be impacted, and type of impact and identify any wetland within the project limits that will not be impacted by the project. 8.4 Agency Verification of Wetland Data The CONSULTANT shall be responsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, inclUding finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications The CONSULTANT shall prepare permit packages as identified in the Project Description section 2.4. The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct the roadway project. The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work. 8.6 The CONSULTANT shall prepare Dredge and Fill Sketches to meet the permitting agency criteria based on information provided by the CONSULTANT. 8.7 Prepare USCG Permit Sketches (Not applicable for this project) 8.8 The CONSULTANT shall prepare Easement Sketches 10 meet the permitting agency criteria based on information provided by CONSULTANT. 8.9 The CONSULTANT shall prepare Right-of-Way Occupancy Sketches. PSA A40 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches (Not applicable for this project) 8.11 Temporary clearing permit (N/A) 8.12 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. The COUNTY and CONSULTANT will agree on a mitigation course of action. CONSULTANT will then be responsible for coordinating the proposed mitigation plan with the environmental agencies. 8.13 Mitigation Design This scope of work and fee assumes mitigation banking to mitigate for wetland impacts. Prior to the development of alternatives, the CONSULTANT shall meet with the COUNTY to determine the COUNTY policies in proposing mitigation. The CONSULTANT shall proceed in the development of a mitigation plan if so directed by the COUNTY. The CONSULTANT will be directed by the COUNTY to investigate the following methods of mitigation: · Payment to DEPIWMD per acre of wetlands impacted as defined in CH 373.4137 FS. · Monetary participation in offsite regional mitigation plans. · Monetary participation in a private mitigation bank. 8.14 Technical Meetings Includes meetings with the COUNTY and other Agency staff, between diSCiplines and, CONSULTANT, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the environmental analysis. 8.15 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 8.16 Supervision Includes all efforts required to supervise all technical design activities. 8.17 Coordination Includes; efforts to coordinate all elements of the environmental analysis of the project to produce a final set of construction documents. PSA A41 9. PD&E Reevaluations and Technical Support In June 2008 the FDOT completed a Project Development and Environmental (PD&E) Study from CR 951 to CR 92. The Study concluded that many of the interchange options that were evaluated did not cost effectively improve the traffic operations at the intersection. For the existing at-grade intersection of US 41 and CR 951, the study recommended providing triple left turns and triple through lanes on each leg of the intersection. The COUNTY commissioned a final report (Conceptual Intersection Improvement Study for US 41 and CR 951, dated November 2008). This Study recommended a grade separated overpass with a Single Point Urban Interchange (SPUI) configuration as the preferred alternative due to its ability to provide an acceptable level of service for the build out year of 2035. The COUNTY will proceed with the preferred interim design concept recommended in the final Conceptual Intersection Improvement Study, due to funding availability. The interim design concept will require a Design Change Reevaluation. 9.1 PD&E Reevaluation Document The CONSULTANT shall be responsible for coordinating all necessary engineering information required in the preparation of the PD&E Design Change Reevaluation. The Design Change Reevaluation will be completed by the CONSULTANT in accordance with the Project Development and Environment Manual. This Reevaluation will require detailed review of the proposed design changes and associated impacts; and document any changes the original PD&E Study and original study limits. The PD&E Reevaluation document will have supporting attachments and/or technical memorandums as required by the PD&E Manual. The reevaluation will include the PD&E commitments and status in the document. The reevaluation process includes updates to the environmental components listed below in section 9 and in other sections of this scope of services. The CONSULTANT shall coordinate with the COUNTY and FDOT during the reevaluation process. The FDOT will coordinate with the FHWA. It is the responsibility of the CONSULTANT to provide the FDOT with engineering information on major design changes including changes in typical section, roadway alignment, pond site selection, right of way requirements, drainage, and traffic volumes that may affect traffic noise analysis and modeling. The CONSULTANT shall prepare clearances for all pond sites identified after the PD&E was completed. CONSULTANT shall perform the services outlined in this scope necessary to assess the environmental consequences or impacts of the stormwater pond site alternatives including easements, or floodplain compensation areas and any associated impacts that are being considered to satisfy the project's needs. This effort consists of collecting essential data, analyzing and comparing viable altematives, and documenting the environmental impacts and recommendations. The CONSULTANT shall coordinate and perform the appropriate level of environmental analysis for this project as outlined in the Project, Development & Environment Manual with the modifications and PSA A42 clarifications identified in this Scope. The CONSULTANT shall determine the potential for environmental consequences or impacts as a part of the Stormwater Pond Siting Report (PSR). The focus of this assessment shall be to develop alternatives that avoid or minimize environmental impacts. 9.2 Cultural Resource Assessment Archaeoloaical and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond sites and prepare a Cultural Resource Assessment related to the Design Change Reevaluation. The CONSULTANT shall perform a Cultural Resource Assessment Survey. The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural resources by all viable stormwater pond site alternatives including easements, or floodplain compensation areas. The CONSULTANT shall determine the potential for involvement with archaeological and historical features as a part of the Stormwater Pond Siting Report. This information will be used in developing the project's preferred Pond Site design. The focus of this assessment shall be to develop altematives which avoid or minimize cultural resources involvement. The CONSULTANT shall prepare a Cultural Resource Assessment Survey as described in Part 2, Chapter 12, of the PD&E Manual and as outlined below: . Purpose and Objectives: In order to comply with the provisions of the National Historic Preservation Act of 1966 (Public law 89-665, as amended) and the implementing regulations (36 CFR 800) as well as with the provisions contained in Chapter 267, F.S., the CONSULTANT will conduct cultural resource surveys of all viable stormwater pond site alternatives including easements, mitigation or floodplain compensation areas and other associated impacts. The purpose of such surveys is to locate, identify, and bound any cultural resources, prehistoric or historic, associated with these projects and to assess the significance of these resources in terms of eligibility for listing on the National Register of (NRI-IP) according to criteria set forth in 36 CFR Section 60.4. The COUNTY will review all work associated with the development and preparation of the cultural resource assessment survey. The COUNTY will also coordinate those projects with the FHWA and the Florida Department of State, Division of Historical Resources. Cultural Resource Assessment Survey Services to be Perfonned: This assessment will comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966 (Public Law 89-655, as amended), as implemented by 36 CFR 800 (Protection of Historic Properties); Chapter 267, F.S.; and Part 2, Chapter 12 (Archaeological and Historic Resources) of the FDOT Project Development and Environment Manual. The scope of work and report will meet the requirements of Chapter 1A-46 (Archaeological and Historical Report Standards and Guidelines), Florida Administrative Code as well as the standards embodied in the Florida Division of Historic Resources' (FDHR) Historic Preservation Compliance Review Program and Cultural Resource Management Standards and Operational Manual (2003). The work elements to be accomplished are as follows: · Prepare a Research Design for the Project: The research design should reflect the guidelines set forth in 36 CFR Part 66, the FOOT Cultural Resource Management Handbook and the Florida Division of Historical Resources' Cultural Resource PSA A43 Management Standards and Operational Manua/ (2003). The research design will be submitted to the COUNTY for approval prior to the initiation of fieldwork. A meeting attended by all pertinent parties may be required to discuss the submitted research design and its implications for the project (for example, man-hours, project budget, survey quality). Conduct a Field Survev of the Proiect Area: A cultural resource field assessment survey of the project area will be conducted. The survey will employ both surface and subsurface testing techniques to locate, identify, and evaluate the significance of cultural resources occurring in the project area. The intensity of field testing will be keyed to ranked probability zones (high, medium, low) of possible cultural resource occurrences based on paleo-environmental data, the occurrence of known sites, historic development and land use patterns, and other pertinent information. Subsurface testing in these ranked zones will adhere to standards set forth in the guidelines established in the FDOT Cultural Resource Management Handbook and the Florida Division of Historical Resources' Cultural Resource Management Standards and Operational Manual (2003).Testing in areas of high site probability should proceed at approximately 25 meter intervals and in areas of moderate site potential at approximately 50 meter intervals. Testing in low probability areas should generally proceed on a judgments basis with at least ten percent of such areas subjected to testing. Judgmental testing should also be employed in areas of high and moderate site potential as appropriate. When cultural resources are located, additional testing should be conducted at intervals necessary to adequately define the resource. Subsurface tests will be 0.5 meters in diameter and dug to a minimum, subsurface conditions permitting, of one meter. All spoil from excavated tests should be sifted through 1/4-inch metal hardware cloth. Any cultural materials recovered from either surface or subsurface testing will be stored in plastic bags and properly labeled as to provenance. In the event that historic structures are encountered on a survey, each site will be properly mapped and photographed, the estimated date of construction and architectural style determined, and its architectural-historical significance evaluated. In addition, archaeological subsurface testing will be conducted in an attempt to detect any subsurface artifacts or features associated with the historical structure (for example, privies, wells, outbuildings). When appropriate,. informant interviews should be conducted concerning any potential cultural resources identified. In addition, any necessary primary and secondary source research will be conducted in order to supplement the information obtained during the field survey. This background research shall include local information, materials kept by the Department of State in Tallahassee and elsewhere, and any other regional, state, or Federal repositories. Field notes documenting the progress of the assessment survey should be maintained. These notes should include the type and number of tests conducted a brief description of artifacts or features encountered in testing, soils information, and other information pertinent to the assessment survey. All subsurface tests and areas of surface examination should be clearly marked on aerial photographs of the project area provided by the CONSULTANT. Documentation: A Florida Master Site File form will be completed on every prehistoric PSA AM or historic cultural resource identified in the assessment survey. A National Register of Historic Places. Determination of Eligibility (DOE) package will be completed on each prehistoric and historic cultural resource according to criteria established by law (see Federal Register, CFR No. 18, Vol. 39, Part III, pp. 3369-3370). In the case of historic resources, specifically historic structures and related features, the DOE package will include a NRHP Registration Form with accompanying documentation. Maps, drawings, and photographs should be used, as appropriate, in the documentation of the cultural resources addressed in the assessment process. o Process. Analvze. and Cataloaue Recovered Cultural Materials: Laboratory processing will consist of artifact cleaning, stabilization (if required), packaging, and storage. Laboratory analysis will consist of the morphological and functional (if possible) classification of artifacts and, if diagnostic, the establishment of their cultural! temporal affiliations. Proper and detailed documentation of artifact provenance, number, type, and description will be maintained. Artifacts will eventually be transferred to the FDOT by the CONSULTANT pending a decision on their final disposition. Prepare Report Documentina the Results of the Cultural Resource Assessment: A draft report presenting the methods, findings, evaluations, and recommendations of the cultural resource assessment of the intersection improvements will be prepared and submitted to the FDOT for review and comments. The report will be so prepared to conform to the standards set forth in FDOT Project Development and Environment Manual (Part 2, Chapter 12 revised) as well as Chapter 1A-46 (Archaeological and Historical Report Standards and Guidelines), Florida Administrative Code; the Florida Division of Historic Resources' (FDHR) Cultural Resource Management Standards and Operational Manual (2003); and the FDOT Cultural Resource Management Handbook. In addition to the final report on the project, the CONSULTANT will provide periodic status reports to the COUNTY and FDOT documenting the progress of the cultural resource assessment. These reports will include information on survey findings, scheduling, potential problems, and other information deemed pertinent. Personnel Standards: Personnel will be considered qualified when they 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 Archeology and Historic Preservation and 36 CFR Part 61. Resumes of the Principal Investigator, other supervisory personnel, and CONSULTANT'S documenting their qualifications to conduct work in their stated area of expertise must accompany the contract proposal. Finally, all of the qualified personnel assigned to a project should perform project activities directly related to their specific area of expertise. Institution or Corporate Standards: Any institution, corporation, or organization sponsoring the qualified professionals performing the work elements ofthe project must: · Provide or demonstrate access to adequate field and laboratory equipment necessary to complete the work required for the project. · Provide or demonstrate adequate facilities necessary for the proper treatment, analysis. and storage of specimens recovered from the project. PSA A4S Proiect Schedulina: COUNTY scheduling requirements require that the assessment be completed in a timely and efficient manner so it will not affect the overall project schedule. The time required to complete an individual project will be projected in the technical proposal. Meetinas: Following the issuance of the Notice to Proceed, the CONSULTANT will agree to meet with the personnel of the FDOT Environmental Office in Tallahassee on an "as needed" basis to insure the successful completion of work on the project. 9.3 Wetland Evaluation Wetland Impact Analvsis: The CONSULTANT shall analyze the impacts to wetlands for the pond sites and complete the Wetlands Evaluation Report. The CONSULTANT shall collect data necessary to completely assess the impacts on wetlands by all viable stormwater pond site alternatives including easements or floodplain compensation areas, and other associated impacts. The focus of this assessment shall be to develop alternatives that avoid or minimize wetland involvement. This information will be used in developing the project's preferred Pond Site design. The CONSULTANT shall collect data necessary to evaluate and identify wetlands within all viable stormwater pond site alternatives including easements, mitigation or floodplain compensation areas and associated impacts as described in Part 2, Chapter 18 of the PD&E Manual with the following modifications and clarifications: The CONSULTANT shall determine the potential for wetland involvement as a part of the Stormwater Pond Siting Report (PSR) and PD&E Reevaluation. Wetland boundaries within the immediate vicinity of all viable stormwater pond site alternatives including easements or floodplain compensation areas and other associated impacts shall be field delineated and plotted on aerial photography to a scale of at least 1:2500 (1" = 200') in accordance with current regulations of the Army Corps of Engineers and pertinent water management FDOT. A general assessment of these wetland areas shall be made by the CONSULTANT, including the size, type and function of each area. A detailed assessment and/or WRAP analysis shall only be required under extenuating circumstances when avoidance alternatives cannot be achieved. All maps shall be in a format that allows each sheet to be bound into the overall report. Wetland avoidance alternatives shall be a primary objective in Pond Site design. Secondary impacts such as water table alterations, construction impacts, or discharge into Class I, II or Outstanding Florida Waters must also be considered. The CONSULTANT shall perform the necessary coordination with the regulatory agencies in addressing wetlands involvement, impact assessment and required mitigation options. Specialized construction methods and other minimization techniques may be effective avoidance options in Pond Site design to avoid or minimize wetlands. 9.4 Wildlife and Habitat Wildlife and Habitat Impact Analvsis: The CONSULTANT shall collect data PSA AM necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. The CONSULTANT shall prepare a Biological Assessment. These services do not include a Phase II Environmental Surveyor Specific T&E Species. If required, a Specific Species Survey will be performed and will be considered Additional Services. The CONSULTANT shall collect data necessary to completely analyze the impacts on all protected floral and faunal species by all viable stormwater pond site alternatives including easements, mitigation or floodplain compensation areas and other associated impacts. The focus of this assessment shall be to develop alternatives that avoid listed species involvement. This information will be used in developing the project's Pond Site Report and final design. The CONSULTANT shall collect data necessary to completely analyze the impacts of all protected floral and faunal species by all viable stormwater pond site alternatives including easements or floodplain compensation areas, and other associated impacts as described in Part 2, Chapter 27 of the PD&E Manual with the following modifications and clarifications: The CONSULTANT shall determine the potential for involvement with protected floral and faunal species as a part of the Stormwater Pond Siting Report. Protected species include those listed as endangered, threatened, under review or of special concern by the US Fish and Wildlife Service (USFWS), Florida Fish and Wildlife Conservation Commission (FFWCC), and/or the US Department of Agriculture (USDA). Protected species considered will be based on the USFWS and FFWCC's internet information, literature accounts, personal contacts, those observed or expected to occur based on contacts with local FFWCC, USDA or USFWS staff, and the CONSULTANT'S professional experience. The CONSULTANT will also determine the presence or absence of designated "Critical Habitat" in the vicinity of all viable stormwater pond site alternatives including easements, mitigation or floodplain compensation areas and other associated impacts. The CONSULTANT will provide a FLUCFCS map, on aerial based format, showing proposed project and locations of any listed species. All maps shall be in a format that allows each sheet to be bound into the overall report. For those species which may occur in the vicinity of the project based on data sources or for suitable habitat found within all viable stormwater pond site alternatives including easements, mitigation or floodplain compensation areas and other associated impacts, the CONSULTANT shall conduct field studies to determine the presence or absence of protected species. Prior to field review and analysis, the CONSULTANT shall coordinate with USFWS, FFWCC and/or USDA to gain approval on a written survey methodology and habitat mapping techniques. The CONSULTANT shall be responsible for providing reasonable notice to property owners whose properties are to be surveyed. For species found or expected to occur, the CONSULTANT shall quantify, qualify and evaluate the potential impacts (including cumulative, secondary and/or indirect impacts) of the location of all viable stormwater pond site alternatives including easements or floodplain compensation areas and other associated impacts. This assessment shall include the study of avoidance and minimization of harm alternatives as the primary objective as much as feasibly and reasonably possible. Secondary impacts such as water table alterations, proximity, foraging habitat PSA Pl-47 impacts, construction impacts, etc. and the effect of the impacts on viability of the regional (local) population of the species shall be considered and evaluated. The CONSULTANT shall anticipate necessary coordination with regulatory agencies in addressing species involvement, impact assessment, pond siting specifics, and required mitigation options. Pond site configuration or other minimization techniques may be effective avoidance options to avoid protected species permitting and mitigation processes. All project involvement with listed species, flora and fauna, shall be photo documented, where possible. The CONSULTANT shall be responsible for coordinating with the appropriate USFWS, FFWCC, USDA and/or FDOT Environmental Office staff in developing acceptable mitigation plans for unavoidable impacts to protected species. As part of the CONSULTANT'S responsibility to provide sufficient information necessary to acquire any permits, an evaluation of the entire project area for impacts to wildlife in accordance with the Endangered Species Act, State Statutes, and all rules and regulations of each regulatory agency with jurisdiction on the project shall be performed by the CONSULTANT. This evaluation (i.e. wildlife surveys, permit packages/applications, photographic documentation, etc...) shall be of sufficient detail and properly documented so as to satisfy any permit acquisition and/or mitigation requirements (Le. USACOE, USFWS, ERP, and Gopher Tortoise Permit, etc.. .). The CONSULTANT shall anticipate completing a formal Section 7 consultation with the USFWS as appropriate. The CONSULTANT shall be responsible for any coordination with the COUNTY and/or regulatory agencies required to perform the evaluation, permitting, and/or mitigation. The CONSULTANT shall also review the commitments in the PD&E Document relating to wildlife and/or listed species, and perform any necessary work to fulfill these commitments not specifically addressed above. Report Preparation: The CONSULTANT shall review all Technical Memorandums that were prepared under previous sections of this scope and summarize them in the Pond Siting Report and PD&E Reevaluation where appropriate. The summaries shall document the potential for environmental consequences or impacts. The CONSULTANT shall also provide detailed, bound Technical Memorandums to the COUNTY for each of the tasks outlined in this scope. Coordination Meetinq: Prior to proceeding with the pond site design, the CONSULTANT shall meet with the appropriate COUNTY staff. The purpose of this is to provide information to the CONSULTANT that will better coordinate future work efforts. This meeting is MANDATORY and is to occur within 30 days after the Notice to Proceed is given to the CONSULTANT. In addition, the CONSULTANT shall schedule a minimum of four (4) meetings with appropriate COUNTY Environmental staff. The purpose of these meetings is to provide information to the COUNTY that will better coordinate environmental assessment efforts. It is the responsibility of the CONSULTANT to undertake the necessary action (Le. phone calls, meetings, correspondence, etc.) to ensure that THE COUNTY Environmental staff is kept informed of the project efforts so that these tasks are accomplished in a manner that will enhance the overall success of the project. PSA A48 9.5 Contamination (Optional) Contamination Impact Analysis: The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for the alternate pond sites and complete the Contamination Screening Evaluation Report. The CONSULTANT shall take color photographs of the pond sites, as well as any suspected contamination areas, and reproduce them in color in the CSER. For the preferred pond sites the CONSULTANT shall perform a Contamination Impact (Level 2) Assessment, unless the site(s) has already had a Level 2 Assessment during PD&E. The details of subsurface investigations, including the number and placement of proposed soil borings, the details of monitoring well investigations, types of testing and techniques to be used, shall be discussed with, and approved by, the FDOT Contamination Impact Coordinator (DCIC) in a face-to-face meeting prior to commencement of these activities. The CONSULTANT shall conduct a diligent search for monitoring wells, both along the mainline and in the pond and mitigation areas, and ensure that they are marked on the plans and identified as monitoring wells. If potential contamination sites are identified within the project limits the COUNTY or its designee will provide the CONSULTANT with potential contamination areas to be marked on the plans. The CONSULTANT shall transfer these markings, in the form of hatching, onto copies of the corresponding individual plan sheets (not on project overview sheets). Along with the hatching the CONSULTANT shall print the site identification (name), and a legend clearly indicating what the hatching represents. These plan sheets shall be incorporated into the body of the plans with their own individual sheet numbers (separate from the numbered sheets from which they were copied), and they shall be identified on the key sheet just like any other section. The title of this section can be either Potential Contamination Sheets or Potential Contamination Areas or Potential Contamination Sites. At the beginning of this section the CONSULTANT shall include a General Note Concerning Contamination, which will be provided by the COUNTY or its designee. Where appropriate and in accordance with FDOT Directive 625-020-020-a, the CONSULTANT shall perform an asbestos assessment on the bridge(s) located on this project. using the services of a licensed asbestos CONSULTANT. The CONSULTANT shall carefully scrutinize the as-built plans for the existing bridge(s) looking for any indication of asbestos-containing materials such as, but not limited to, asbestos-cement (or Transite) scuppers, asbestos-containing (such as graphite-asbestos) bearing pads, and roofing felt (which may contain asbestos). The asbestos CONSULTANT shall sample and test suspect areas such as these, as well as Class 5 coating on concrete, in addition to the caulking, mastic, etc. that ASBESTOS CONSULTANTs typically investigate. If asbestos is found, the CONSULTANT shall have the ASBESTOS CONSULTANT prepare an Asbestos Abatement Plan which shall be incorporated into the plans along with a note requiring the roadway contractor to coordinate with the FDOT'S FDOT-Wide Contamination AssessmenURemediation Contractor (CAR Contractor) who will abate the asbestos to the degree necessary to perform the bridge work. Even if asbestos is not found, the CONSULTANT shall incorporate into the plans a note informing the roadway contractor of the requirement that the Florida Department of PSA A49 Environmental Protection (FDEP) be notified at least 10 days in advance of any demolition activities on the bridge(s). This is FDEP's requirement even if no asbestos is found. In accordance with the referenced Directive, the roadway contractor shall inform the COUNTY at least 14 days in advance of any demolition so that the COUNTY can make the required notification to FDEP in a timely manner. 9.6 Technical Meetings Includes meetings with the COUNTY, FDOT, and other Agency staff, between disciplines and CONSULTANT, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the PD&E Reevaluation. 9.7 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 9.8 Supervision Includes all efforts required to supervise all technical design activities. 9.9 Coordination Includes; efforts to coordinate all elements of the PD&E Reevaluation of the project to produce a final set of construction documents. 9.10 Independent Peer Review CONSULTANT will conduct an independent peer review of the PD&E Reevaluation document prior to submitting for FHWA approval. 10 STRUCTURES-SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS The CONSULTANT shall analyze and design structures in accordance with applicable provisions as defined in Section 2.21, Provisions for Work. Individual tasks identified in Sections 9 through 18 within the provision defined in Section 2.21, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with the structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8-1/2"'x11" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida registered professional structural engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. PSA A.50 10.1 Index of Drawings 10.2 Project Layout 10.3 General Notes and Bid Item Notes 10.4 Incorporate Florida Department of Transportation Standards 10.5 Incorporate Report of Core Borings 10.6 Existing Bridge Plans 10.7 Computation Book and Quantities 10.8 Cost Estimate 10.9 Technical Special Provisions 10.10 Field Reviews 10.11 Technical Meetings 10.12 Quality Assurance/Quality Control 10.13 Independent Peer Review (Not applicable for this project) 10.14 Supervision 10.15 Coordination 10.16 STRUCTURES. BRIDGE DEVELOPMENT REPORT For Phase I, the CONSULTANT shall prepare a Bridge Development Report (BDR). The BDR shall be submitted as part of the 30% Submittal with a final report at or before the 60% submittal. 10.16.1 General Requirements: 1. Bridge Geometry 2. Ship Impact Data Collection (Not applicable for this project) 3. Ship Impact Criteria (Not applicable for this project) 10.16.3 Superstructure Alternatives: 1. Short-Span Concrete (Not applicable for this project) 2. Medium-Span Concrete (Not applicable for this project) 3. Long Span Concrete (Not applicable for this project) 4. Structural Steel 10.16.4 Foundation and Substructure Alternatives: PSA A.51 1. Pier/Bent Types 2. Shallow Foundations (Not applicable for this project) 3. Deep Foundations 10.16.5 Other BDR Issues: 1. Aesthetics Package - The purpose of this task is to evaluate the impact of proposed project elements on the visual quality, character and resources of adjacent areas. To help win public support and for use in public meetings, an aesthetics evaluation of the alternatives will be developed. The following will be considered in the aesthetics evaluation: a) Organized landscape plantings; b) Signage; c) Lighting; d) Street furniture; and e) Use of decorative structural and paving materials. The inherent grade differentials associated with grade separated overpasses is an opportunity for vertical elements such as signage, sculpture, increased landscape areas, and water features that may add significant visual interest, improve the spatial enclosure, and win public approval for the project. 2. TCP/Staged Construction Requirements 3. Constructability Requirements 4. Abutment SlopelWall Evaluation (Not applicable for this project) 5. Quantity and Cost Estimates 6. Quantity and Cost Estimates - Movable Span (Not applicable for this project) 7. Wall Type Justification (Not applicable for this project) 10.16.6 Report Preparation: 1. Exhibits 2. Exhibits - Movable Span (Not applicable for this project) 3. Report Preparation 4. Report Preparation - Movable Span (Not applicable for this project) 5. BDR Submittal Package 10.16.7 Preliminarv Exhibits: (To be included in the BDR) 1. Plan and Elevation Sheets 2. Construction Staging 3. Superstructure Section Sheets 4. Substructure Section Sheets 5. Wall Layout Sheets .11. STRUCTURES - TEMPORARY BRIDGE (Not applicable for this project) 12. STRUCTURES - SHORT SPAN CONCRETE BRIDGE (Not applicable for this project) PSA A-52 13. STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE (Not applicable for this project) 14. STRUCTURES. STRUCTURAL STEEL BRIDGE (Not applicable for this project) 15. STRUCTURES - SEGMENTAL CONCRETE BRIDGE (Not applicable for this project) 16. STRUCTURES - MOVABLE SPAN (Not applicable for this project) 17. STRUCTURES - RETAINING WALL (Not applicable for this project) 18. STRUCTURES - MISCELLANEOUS The CONSULTANT shall prepare plans for Miscellaneous Structure(s) as specified in Section 2.5. 18.1 Concrete Box Culverts (Not applicable for this project) 18.5 Mast Arms The CONSULTANT shall prepare plans for Signalization Mast Arms (s) at the location(s) specified in Section 2.7 18.6 -18.10 Overhead/Cantilever Sign Structure (Not applicable for this project) 18.11 High Mast Light Foundations (Not applicable for this project) 18.12 -18.18 Sound Barrier Walls (Ground Mount) (Not applicable for this project) If the Noise Analysis indicates that a Sound Barrier Wall is required, structural design of the Sound Barrier Wall will be considered Additional Services. 18.19-18.22 Special Structures (Not applicable for this project) 19. SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis The CONSULTANT shall review the approved typical section package, traffic technical memorandum and proposed geometric design alignment to identify proposed sign and roadway markings. 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File PSA A.53 The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.4 Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FDOT Multi-Post Sign Program(s). 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations Includes the verification of photometric on lighted signs, load center and voltage drop calculations. 19.7 Quantities Includes all work required to determine the quantities of each plan sheet. 19.8 Computation Book The CONSULTANT shall prepare the Computation Book. This includes all efforts required to develop the Computation Book and the supporting documentation. 19.9 Cost Estimates The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 19.10 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-112"x11" sheets and shall not have holes punched or be bqund in any. way that would create a problem for high volume reproduction. PSA A.54 19.11 Other Signing and Pavement Marking Additional signing and pavement markings not identified in this basic scope of services shall be considered Additional Services. 19.12 Field Reviews Includes all trips required to obtain necessary data for all elements of the signing and pavement marking analysis. 19.13 Technical Meetings Includes meetings with the COUNTY and other Agency staff, between disciplines, and CONSULTANT, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signing and pavement marking analysis. 19.14 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 19.15 Independent Peer Review (Not applicable to this project) 19.16 Supervision includes all efforts required to supervise all technical design activities. 19.17 Coordination Includes efforts to coordinate all elements of the Signing and Pavement Marking analysis of the project to produce a final set of construction documents. 20. SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. 20.1 Key Sheet 20.2 Summary of Pay Items (N/A, quantities shown on the roadway summary of pay item sheets) 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes 20.5 Project Layout (Not applicable for this project) 20.6 Plan Sheets PSA A.55 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable for this project) 20.10 Cross Sections (Not applicable for this project) 20.11 Special Service Point Details (Not applicable for this project) 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision 21. SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 21.1 Traffic Data Collection (Optional) In advance of any traffic data collection, CONSULTANT shall coordinate with the COUNTY'S Transportation Planning and Traffic Operations departments to see if the required traffic data is available. If the COUNTY does not provide the traffic data required, the CONSULTANT will provide traffic data collection per this scope of services. Data Collection for this task includes peak hour turning movement counts US 41/CR 951 during the morning, afternoon and evening peak hours. Mechanical 24 hour approach counts will supplement the turning movement counts at this intersection. 21.2 Traffic Data Analysis CONSULTANT will determine signal operation plans, intersection geometry, local signal timings, pre-emption phasing & timings, forecasting traffic, and intersection analysis run based on the data collected in the earlier subtask. Some of the key subtasks in this task are listed below: . Existing Conditions and Future Projections . Level of Service Analysis · Develop Design Parameters . Recommendations Performing these subtasks, the CONSULTANT will coordinate with the COUNTY, and other appropriate staff to determine requirements of the study. The traffic analysis will be done by utilizing the information obtained from the various applicable agencies. The appropriate peak season, peak hour (K30), directional PSA A.56 (D) and truck (T) factors will be developed as per the "Project Traffic Forecasting Handbook" provided by Florida Department of Transportation. (FOOT). In the calculations of K30, D and T, CONSULTANTS will use the latest data available from all applicable agencies. CONSULTANTS will review the existing traffic conditions on US 41 and CR 951. In order to establish a base year conditions. CONSULTANT will coordinate with all applicable agency Staff and obtain the required data. To develop the Opening Day traffic, CONSULTANT will analyze the trends based on historical traffic count data and compare the data to the Peak Season Weekday Daily Traffic (PSWDT) output data developed by FSTUMS computer model. After the comparison, the opening year traffic would be developed. To develop the Design Year traffic, CONSULTANT will analyze the trends based on State historical traffic count data and will compare the data to the peak season weekday daily traffic (PSWDT) output from year 2035 FSTUMS computer model. CONSULTANT will then develop the design year traffic. The level of service (LOS) analyses will be performed in accordance with the most current procedures in the Highway Capacity Manual (HCM) and/or FDOT's Level of Service software for roadway segments and intersections. The need for turn lanes and length of storage will be determined using the turn lane warrants and storage length requirements from the standard procedures. 21.3 Signal Warrant Study (Not applicable to this project) 21.4 Systems Timings Timings will be performed by COUNTY. 21.5 Reference and Master Signalization Design File The CONSULTANT shall prepare the Signalization Design file to include aU necessary design elements and all associated reference files. For each signal location CONSULTANT shall include Opticom (infrared system) for pre-emption. 21.6 Reference and Master Interconnect Communication Design File The CONSULTANT shall prepare an Interconnect Communication Design file. The interconnect plan will include extending the existing conduit and communications infrastructure at CR 951 and the Wal-Mart entrance to Manatee Road. The traffic signal at the fire station along the west side of CR 951, south of Manatee Road will also be. interconnected. CCTV cameras and associated hardware will be incorporated at the Wal-Mart and Manatee Road intersections with CR 951. CONSULTANT will coordinate with COUNTY Traffic Operations staff to provide and array of flush mounted in pavement sensors at locations along CR 951 south of US 41 within the limits of this project. Associated hardware and equipment will be specified as needed so all ITMS communication elements will function properly with existing COUNTY infrastructure. PSA A-57 21.7 Overhead Street Name Sign Design The CONSULTANT shall design Signal Mounted Overhead Street Name signs. 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report (Not applicable for this project) 21.10 Quantities Includes all work required to determine the quantities of each plan sheet. 21.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 21.12 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction 2007 Edition and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, 'method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 21.13 Other Signalization (Not applicable for this project) 21.14 Field Reviews The CONSULTANT shall collect information from the COUNTY Transportation Traffic Operations Engineer, Bob Tipton, and conduct a field review. The review should include, but is not limited to, the following: · Existing Signal and Pedestrian Phasing · Controller Make, Model, Capabilities and Condition/Age · Condition of Signal Structure(s) · Type of Detection as Compared With Current FDOT Standards · Interconnect Media PSA A.58 · Controller Timing Data 21.15 Technical Meetings Includes meetings with the COUNTY and other Agency staff, between disciplines, and CONSULTANT, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signalization analysis. 21.16 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 21.17 Independent Peer Review (Not applicable to this project) 21.18 Supervision Includes all efforts required to supervise all technical design activities. 21.19 Coordination Includes all efforts to coordinate with all elements of the signalization analysis of the project to produce a final set of construction documents. 22. SIGNALIZATION PLANS (Phases I and IA) The CONSULTANT shall prepare a set of Signalization Plans for the intersections of US 41ITamiami Trail and Collier Boulevard (CR 951) for Phase I in accordance with the Plans Preparation Manual, which includes the following. Existing signal modifications including conversion of the existing span wire signal system to mast arms at mile posts 8.491 and 8.715 is included in Phase IA. 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans (Phase IA only) 22.7 Traffic Monitoring Site (Optional Services) 22.8 Guide Sign Worksheet - Guide Signs will be provided at three (3) Intersections (Phase IA only) 22.9 Special Details PSA A.59 22.10 Special Service Point Details 22.11 Mast Arm Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Temporary) (Not applicable for this project) 22.14 Temporary Detection Sheet (Not applicable for this project) 22.15 Utility Conflict Matrix (See Section 7.13) 22.16 Interim Standards (Not applicable for this project) 22.17 Quality Assurance/Quality Control 22.18 Supervision 23. LIGHTING ANALYSIS (Phase I and IA) The CONSULTANT shall analyze and document Lighting Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 23.1 Lighting Justification Report (Not applicable for this project) 23.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submitted prior to the 60% plan submittal. The report shall provide analyses for each typical section of the mainline. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least up to two (2) lighting design alternatives and a recommendation on the alternative to use. Each altemative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After review and approval of the preliminary report, the CONSULTANT shall submit a final Lighting Design Analysis Report (LDAR). At a minimum, the following shall be included in the LDAR Appendix: · Lighting Calculations · Structural calculations for special conventional pole concrete foundations if required · Letter to the power company requesting service · Power company confirmation letter on the requested services · Voltage drop calculations PSA A.60 · Load analysis calculations 23.3 Aeronautical Evaluation (Not applicable for this project) 23.4 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equation or equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be properly duplicated. Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 23.5 FDEP Coordination and Report (Not applicable for this project) 23.6 Reference and Master Design Files (Phase I only) The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 23.7 Temporary Lighting (Not applicable for this project) - by CONTRACTOR, if required. 23.8 Design Documentation (Not applicable; included in LDAR) 23.9 Quantities Includes all work required to determine the project quantities. 23.10 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide the estimate in the LDAR. 23.11 Technical Special Provisions (Phase I only) The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. PSA A.61 The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 23.12 Other Lighting (Not applicable for this project) 23.13 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: . Existing Lighting Equipment · Load Center, Capabilities and Condition/Age · Condition of Lighting Structure(s) 23.14 Technical Meetings Includes meetings with Collier County (Traffic Operations) staff, power company, between disciplines, and CONSULTANT, such as progress review meetings (phase review), and miscellaneous meetings necessary for project elements. 23.15 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 23.16 Independent Peer Review (Not applicable for this project) 23.17 Supervision includes all efforts required to supervise all technical design activities. 23.18 Coordination Includes efforts to coordinate all elements of the lighting analysis of the project. 24. LIGHTING PLANS (Phase I only) The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend & Criteria PSA A.62 24.6 Service Point Details 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details (Not applicable for this project) 24.11 Traffic Control Plan Sheets (Not applicable for this project) 24.12 Interim Standards (Not applicable for this project) 24.13 Quality Assurance/Quality Control 24.14 Supervision 25. LANDSCAPE ARCHITECTURE ANALYSIS See Section 10.16.5 - aesthetics will be provided in the BDR. For the Phase I segment, CONSULTANT shall provide "base level of landscaping" in the roadway plans as follows: electrical and irrigation sleeving, clean median backfill with landscape quality soil, non-mountable Type F curbing and brick pavers at the median ends. Specification and references in "Landscape and Irrigation Specifications for Beautification Improvements' are found in the Collier County's Right of Way Manual. Existing landscaping on US 41 E will be removed and relocated by the COUNTY prior to the start of construction. This work will be coordinated with the COUNTY Alternative Transportation Mode Department. 26. LANDSCAPE ARCHITECTURE PLANS (N/A) 27. SURVEY The CONSULTANT will be responsible for the preparation of all survey maps. The CONSULTANT shall perform survey tasks in accordance with all applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. The CONSULTANT shall submit all survey notes and computations to document the surveys. All field survey work shall be recorded in approved media and submitted to the COUNTY. Field books submitted to the COUNTY must be of an approved type. The field books shall be certified by the surveyor in responsible charge of work being performed before the final product is submitted. The survey notes shall include documentation of decisions reached from meetings, telephone conversations or site visits. All like work (such as bench lines, reference points, etc.) shall be recorded contiguously. The COUNTY may not accept field survey radial locations of section comers, platted subdivision lot and block corners, alignment control points, alignment control reference points and certified section corner references. The COUNTY may instead require that PSA A.63 these points be surveyed by true line, traverse, parallel offset, or redundant GPS measurements. 28. PHOTOGRAMMETRY CONSULTANT shall perform photogrammetric tasks in accordance with all applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. In addition to the maps and photographic products, the CONSULTANT shall submit all computations to document the mapping. This will include documentation of all decisions reached from meetings, telephone conversations, and site visits. 29. MAPPING The CONSULTANT will be responsible for the preparation of right of way maps, maintenance maps, sketches and legal descriptions as required for this project in accordance with all applicable Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to Collier County size and format requirements utilizing approved software, and will be designed to provide a high degree of uniformity and maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. 29.1 Right of Way Acquisition Cost Estimate (Phase I only) (Optional) The COUNTY will prepare a cost estimate to acquire the needed project right of way. The following line items represent the framework for the project cost estimate. Direct Costs · Total Land Values for Parcels to be Acquired · Total Improvement Values for Parcels to be Acquired · Total Severance Damages for Parcels to be Acquired · Total Business Damages for Parcels to be Acquired · Total Relocation Costs for Parcels to be Acquired · Negotiation/Administrative Settlement Costs for Parcels to be Acquired · Condemnation/Final Judgment Costs for Parcels to be Acquired Indirect Costs · Initial Appraisal Fees · Update Appraisal Fees and Expert Witness Fees · Title Searches/Policies · Environmental Audits · Miscellaneous Indirect Costs · Property Owner's Fees and Costs (Attorney, Appraiser, Land Planner, Engineer, General Contractor, Etc.) · Total Acquisition Cost Estimate for the Project PSA A-64 30. GEOTECHNICAL The CONSULTANT shall, for the project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with COUNTY standards and with the FDOT Soils and Foundations Handbook. Prior to beginning each phase of investigation and after the Notice to Proceed is given, the CONSULTANT shall submit an investigation plan for approval by the COUNTY and meet with the COUNTY representative to review the project scope and requirements. The investigation plan shall include, but not be limited to, the proposed boring locations and depths, and all existing geotechnical information from available sources to generally describe the surface and subsurface conditions of the project site. Additional meetings may be required to plan any additional field efforts, review plans, resolve planslreport comments, resolve responses to comments, and/or any other meetings necessary to facilitate the project. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. 31. ARCHITECTURE DEVELOPMENT (N/A) Not included for this project. 32. NOISE IMPACT DESIGN ASSESSMENT The CONSULTANT shall perform the services needed to fulfill commitments made in the Project Development and Environment Phase conceming further traffic noise/noise barrier analysis. Detailed noise analysis and abatement analysis will be conducted for the CR 951 and US 41 intersection where the Design Change Reevaluation is required. Detailed re-analysis is not included for the original PD&E study limits that are beyond the COUNTY CR 951 project limits. For the purpose of addressing public involvement issues, the CONSULTANT shall perform the services needed to establish a defendable position concerning the extent of noise impacts and feasibility/cost reasonableness of providing noise abatement. Prior to proceeding with the traffic noise/noise barrier analysis, the CONSULTANT shall meet with the appropriate FDOT and COUNTY Staff. The purpose of this meeting is to establish methodology for the analysis and provide information to the CONSULTANT for the purpose of facilitating the analysis efforts. Details of this meeting can be found in PSA A-65 32.7. The noise analysis will be conducted using the traffic parameters for the COUNTY CR 951 project. 32.1 PD&E Phase Review The CONSULTANT shall acquire the US 41 PD&E Phase Noise Study document and the environmental document. The environmental document will be reviewed by the CONSULTANT to identify any commitments made concerning further traffic noise/noise barrier analysis to be performed during the Design Phase. The noise study document will be reviewed to determine the extent of the Design Phase analysis. Prior to commencing any Design Phase analysis, the CONSULTANT shall coordinate with the COUNTY to establish the extent of the analysis. The CONSULTANT shall pay particular attention to new noise sensitive development that has been permitted between the completion of the PD&E NSR and the "date of public knowledge". 32.2 Noise Barrier Evaluation Any required noise impact analysis and/or noise barrier evaluation shall be performed or supervisedlreviewed by a person(s) who has attended and is certified through the FDOT'S Traffic Noise Analysis training course. Any Design Phase analysis will be performed using the latest version of FHWA's Traffic Noise Model (TNM) or as directed by the FDOT Noise Specialist. The State Plane Coordinate System shall be used when establishing xy_ coordinates for objects to be represented in the Traffic Noise Model (e.g., roadway points, receiver points, barrier points, ground zone boundaries, building row locations, etc.). The State Plane Coordinate System and consistent use of modeling strategies suggested or recommended by FHWA are necessary to facilitate the continuation of the noise study in future project phases (e.g., design change reevaluations). The CONSULTANT shall be prepared to discuss modeling strategies during the mandatory noise methodology meeting identified in 32.7. The procedures documented in the latest Project Development and Environment Manual, Part 2, Chapter 17 that are applicable to a Design Phase analysis and any subsequent instruction from the FDOT Noise Specialist will be used. When performing the Design Phase analysis, the CONSULTANT shall incorporate into the analysis all pertinent engineering details developed during the Design Phase. The CONSULTANT shall make a determination as to the accuracy of the elevation data needed to perform the Design Phase analysis and any noise barrier evaluation (Section 32.3). The CONSULTANT shall review existing elevation data and elevation data to be provided under Section 27 (Survey) to determine if elevations for roadways, existing bermslwalls, receiver points and ground elevation where noise barrier(s) are evaluated, etc. are sufficient to accurately perform the Design Phase analysis. In coordination with the COUNTY, the CONSULTANT shall be responsible for determining the number and location of additional spot elevations needed to adequately simulate site specific conditions in ~ AM the noise model to ensure that entered model elevations are within :1:2 feet of actual/proposed. Assume up to twenty (20) spot elevations will be required unless a different number is agreed to by the COUNTY. 32.3 Design Noise barrier Analysis (Optional) Any noise barrier analysis performed by the CONSULTANT will include the following: Barrier heights and lengths will be evaluated using the latest version of Federal Highway Administration's Traffic Noise Model (TNM) or as directed by the FDOT Noise Specialist. The CONSULTANT will present the results of the noise barrier analysis along with a recommendation to the COUNTY for selection of the barrier height and length to be subjected to a detailed engineering review. This recommendation shall consider noise barrier performance and cost (reasonableness). The CONSULTANT will coordinate and perform a detailed engineering review of the recommended noise barrier(s) to identify any engineering conflicts or constraints. As part of this evaluation, the CONSULTANT will prepare a summary package for distribution to various disciplines involved in the review including appropriate departments within COUNTY and FDOT and attend an engineering review meeting with COUNTY staff. The CONSULTANT will be responsible for documenting the results of the meeting and any resolutions to engineering conflicts or issues that require modification to the recommended noise barrier(s) or preclude the construction of a noise barrier(s). At a minimum, the review will consider the following: · Right of way needs including access rights (I.e., purchase of additional row, air, light, view, ingress/egress, outdoor advertising conflicts, etc.) · Adequate easement for construction · Structural and vegetative restrictions within any required easement . Utility conflicts . Drainage issues · Maintenance issues such as access to the non-highway side of the noise barrier, space between existing privacy walls and the noise barrier wall, and the removal of existing privacy walls to enhance maintenance access. · Safety Issues (e.g., line of sight) · Environmental issues (e.g., wetland impacts) · Consideration of wing-walls as appropriate for aesthetic purposes as well as safety concerns related to sight distance. PSA A..67 · Other Criteria as applicable that would impact the potential cost reasonableness or feasibility of the proposed noise barrier (i.e. added costs due solely to the noise barrier such as the extension of a culvert) The CONSULTANT shall re-analyze noise barrier(s) for feasibility and reasonableness and re-establish barrier height and length if design constraints require alteration in a barrier's location or dimensions. After finalizing the height and length of the barrier(s), the CONSULTANT shall coordinate with COUNTY to locate the barrier(s) on the design plans. In addition, the CONSULTANT will present a memo to the COUNTY containing a recommendation for selection of the barrier height and. length to be carried forward for publiC input. This recommendation shall consider noise barrier performance, engineering constraints and cost (reasonableness). Following the public involvement process, the CONSULTANT shall produce Noise Barrier Detail Sheet(s) examples of which are available from the FDOT. 32.4 Public Involvement (Optional) If noise barriers are determined to be reasonable and feasible and a recommendation to provide noise abatement is made, the CONSULTANT shall carry out the public involvement necessary to establish and document public support for or opposition to construction of a noise barrier(s) and obtain public input regarding barrier aesthetics (color and texture). Public involvement will include coordination with local government officials. As a minimum, the following tasks will be completed by the CONSULTANT to fulfill public involvement requirements. · Identification of Affected Property Owners: Affected property owners will include all property located within the ends of a noise barrier with their property either 1) directly abutting the COUNTY or FDOT'S right-of-way or 2) directly abutting common property located adjacent to the FDOT'S and COUNTY'S right-of-way or 3) as directed by the FDOT Noise Specialist. · Mailing List: Prepare a mailing list to contact all affected property Owners and submit the list to the COUNTY for approval. · Summary Package: Prepare a summary package to be mailed to affected property owners informing them of proposed barrier construction barrier specifications (i.e. location and height), potential advantages and disadvantages of a noise barrier and a Barrier Survey form to officially document an affected property owner's support for or opposition to the barrier and, if in support, their preference regarding barrier texture and color. If a legally permitted Outdoor Advertising sign is potentially impacted, the survey form shall include the following information: the location, date, and time of the public hearing as required by F.S. 479.25; the fact that erection of the noise barrier may block the visibility of an existing outdoor advertising sign; that the local government or local jurisdiction may restrict or prohibit increasing the height of the existing outdoor advertising sign to make it visible over the barrier; and if a majority of the impacted property owner's vote for construction of the noise barrier, the local government or local jurisdiction will be required to: (s) allow an increase in the height of the sign, (b) allow the sign to be relocated at PSA A.68 another location if the sign owner agrees; or (c) pay the fair market value of the sign and its associated interest in the real property. The Summary Package will be reviewed and approved by the COUNTY and FDOT prior to any submission to the public. An example Summary Package including a Survey form can be obtained from the FDOT. · Property OWNER Letters: A letter transmitting the Summary Package to affected property owner's will be prepared by the CONSULTANT on COUNTY letterhead, provided to the COUNTY for approval and signing, and mailed by the CONSULTANT. The letters will be delivered via Certified Mail, return receipt requested. · Property OWNER Consensus: Should a consensus among affected property owners not be reached due to insufficient return of surveys or completed surveys not be returned, the CONSULTANT must provide an additional mailing of survey forms, conduct a door-to-door surveyor perform other reasonable means of coordination to obtain input from affected property owners regarding the construction of a noise barrier. The CONSULTANT shall pursue a consensus until otherwise directed by the COUNTY. · Noise Barrier Aesthetics Coordination: As part of the survey, the CONSULTANT is responsible for soliciting public desires regarding noise barrier aesthetics (Le., color, texture, etc.). Affected property owners and local government personnel will be solicited and their choices are to be incorporated into the barrier design where possible. The CONSULTANT will be responsible for tallying and documenting the results of the aesthetic survey. Subsequent to the public involvement process, the COUNTY will review aesthetics to be incorporated into the plans for consistency with public desires and consistency with the COUNTY'S Noise Wall Aesthetic guidelines. A Noise Wall Aesthetics handout is available from the FDOT to guide the aesthetics survey. · Survey Documentation: The CONSULTANT shall tally the results of the Survey and identify on a graphic those surveyed property owners that support construction of the noise barrier and those that are opposed. The methods used (Le. certified letters, survey form, door to door, etc...) and results of the survey and a summary of any other public involvement pertaining to a noise barrier(s) will be included in a Noise Study Report Addendum. · Public Meetings/Hearings: The CONSULTANT will be prepared to discuss the status of the noise barrier evaluation and is responsible for preparing all necessary display items or handouts, arranging a meeting location, notifying the public of the meeting, and conducting the meeting for any public meetings scheduled as part of the design process. The CONSULTANT shall identify any outdoor advertising signs that may be affected by project noise barriers and follow all requirements of Chapter 479.25, Florida Statutes. The CONSULTANT shall use the Outdoor Advertising database found at htto:/1www2.dot.state.f1.us/RiahtOfWavdbhome.aso to determine if the sign is legally permitted by COUNTY consistent with the requirement of F.S. 479.25. If the sign is found to be legally permitted and the view of the sign from the highway will be obscured, then the CONSULTANT shall schedule and hold a public hearing in accordance with F.S. 335.02(1) within the boundaries of the PSA A.69 affected local governments or local jurisdictions to receive input on the proposed noise attenuation barrier and its conflict with the local ordinance or land development regulation. This public hearing may be held concurrently with other public hearings scheduled for the project or it may be scheduled separately. The CONSULTANT shall be responsible for all work efforts associated with this public hearing, including (but not limited to) preparation of survey forms, mailing lists, survey packages, display information, advertising the public hearing, procurement of a court reporter and notifying the local government or local jurisdiction of the date and time of the public hearing. If a potential noise barrier is favored by the affected property owners following the public hearing, the CONSULTANT will be responsible for providing this information to the COUNTY for their action. If additional public meetings specific to a noise/noise barrier(s) are required, the CONSULTANT is responsible for preparing all necessary display items or handouts, arranging a meeting location, notifying the public of the meeting, and conducting the meeting. The CONSULTANT shall anticipate up to six (6) such meetings. Two of the meetings are for the purpose of securing public input for any proposed noise barriers. Four of the meetings are to address general noise issue requests at a neighborhood level. The remaining two meetings are for attendance at other required meetings. · Traffic Noise Evaluation Brochure: The CONSULTANT will prepare a brochure summarizing the traffic noise evaluation process. The brochure will be available for public distribution at all public meetings where the issue of traffic noise may be discussed. An example brochure is available from the FDOT. 32.5 Noise Study Report The CONSULTANT shall document the results of the Design Phase traffic noise/noise barrier analysis and Pub/ic Involvement effort in a Noise Study Report. This report shall contain a complete representation of the project files. This shall include at a minimum, examples of all correspondence (i.e., letters, etc.), any mailing /ist(s), and copies of all completed survey forms and return receipts and TNM input/output files. The CONSULTANT will provide an electronic copy of the report, in PDF format, as well as all TNM input/output files that support the information documented in the report. A brief "read. me" file shall also be provided with the TNM files to explain the file naming procedure. The "read.me" file will facilitate locating modeling results documented in the report. 32.6 Field Reviews Field reviews will be conducted by the CONSULTANT to verify the appropriateness of providing noise barriers at a given location and to verify that the abatement of a noise barrier will be consistent with FDOT and COUNTY requirements for sight distance, utility clearances, construction, and maintenance. 32.7 Technical Meetings PSA A.70 Prior to proceeding with the traffic noise/noise barrier analysis, the CONSUL TANT shall meet with the appropriate COUNTY Transportation Planning Office Staff. The purpose of this meeting is to establish methodology for the analysis and provide information to the CONSUL TANT for the purpose of facilitating the analysis efforts. This meeting is MANDA TORY and is to occur after the Notice to Proceed is given to the CONSULTANT and prior to initiation of the noise impact assessment. The CONSUL TANT will contact the COUNTY to schedule this meeting. In addition, the CONSUL TANT shall schedule the necessary meetings with appropriate COUNTY staff to facilitate coordination needed to make decisions conceming the traffic noise/noise barrier analysis. It is the responsibility of the CONSULTANT to undertake the necessary action (i.e. phone calls, meetings, correspondence, etc.) to ensure that COUNTY staff (Project Manager and Planning and Environmental Management Office) is kept informed of the noise analysis efforts so that these tasks are accomplished in a manner that will enhance the overall success of the project. 32.8 Quality Assurance/Quality Control (QAlQC) QA/QC reviews will be performed for all noise study report documents submitted to the COUNTY for review. Documentation of the QA/QC will be provided on the FDOT QA/QC form and submitted with each noise study report. 32.9 Supervision The noise impact analysis and barrier evaluation shall be performed under the supervision of a person(s) who has attended and is certified through the FOOT'S Traffic Noise Analysis training course. SECTION II 3. POST DESIGN SERVICES CONSULTANT shall perform post design services for Phase IA. For Phase I, post design services are optional. 3.1 Bidding Services · Participate in Pre-Bid Meetings · Respond to bidder inquiries (if necessary) · Provide Necessary plan revisions (if necessary) · Time and Materials not to Exceed 3.2 Construction Services · Participate in Construction Meetings · Participate in Field Reviews · Respond to Requests for Information (RFI) · Evaluate proposed revisions . Review Shop Drawings · Coordinate with adjacent Development PSA A.71 . Revise plan drawings . SFWMD Certification . Time and Materials not to Exceed 3.3 Expenses Copies, Mailing, shipping and delivery, Time and Materials not to Exceed PSA A.72 SCHEDULE B BASIS OF COMPENSATION LUMP SUM PLUS REIMBURSABLES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1AII monthly status reports and invoices shall be mailed to the attention of Marlene Messam, P.E., Project Manager, Collier County Government, Transportation Division, 2885 South Horseshoe Drive, Naples, Florida 34104. 2. COMPENSATION TO CONSULTANT B.2.1 For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments for Items 1 - 4, and Item 5 shall be paid on a Time and Materials basis to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. Phase I Payment Phase IA Payment Schedule Schedule NOT TO NOT TO ITEM PHASE EXCEED EXCEED AMOUNT AMOUNT 1 Task 1-30% Monthly based Monthly based Submittal - Phase I upon upon 3R Report - Phase percentage percentage IA $ 560,973 complete $ 111600 complete 2 Task II 60% Monthly based Monthly based Submittal upon upon percentage percentage $ 343.660 complete $ 111600 comolete 3 Task III 90% Monthly based Monthly based Submittal upon upon percentage percentage $ 295,025 complete $ 111600 complete 4 Task IV 100% Monthly based Monthly based Submittal upon upon percentage percentage $ 98,342 comolete $ 37 200 complete 5 Task V - Post Monthly based Design Services S S upon time and 0 !In nno materials Total Fee $ 1,298,000 $ 402 000 PSA B-1 B.2.2 The fees noted in Section 2, Items 1 - 4 shall constitute the lump sum amount of One Million Two Hundred Ninety Eiaht Thousand Dollars ($1,298,000) for PHASE I and Three Hundred Seventy Two Thousand Dollars ($372,000) for PHASE IA to be paid to CONSULTANT for the performance of the Tasks 1 - 4, and Task 5 shall constitute the Time and Materials amount of Thirty Thousand Dollars ($30,000.00) to be paid to CONSULTANT for the performance of the Post Design Services B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 8.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be PSA B-2 utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are fromlto destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. PSA 8.3 SCHEDULE B ATTACHMENT A BASIS OF COMPENSATION 1. TASK 1- 30% SUBMITTAL Project General Tasks: Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans - Phase I only Drainage Analysis Utility Data Collection and Coordination Utility Relocation Plans - Phase I only Permits Structures - Miscellaneous Tasks, Structures - Bridge Development Report - Phase I only Survey and Photogrammetry Right-of-way Appraisal - Phase I only Geotechnical Noise Analysis 3R Report - Phase IA Quality Assurance/Quality Control (QA/QC) Phase I - Lump Sum Phase IA - Lump Sum 2. TASK" - 60% SUBMITTAL Project General Tasks Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination & Adjustment Plans Utility Relocation Plans Permits PSA $ 560.973.00 $ 111.600.00 B-4 Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape - Architecture Analysis Survey and Mapping Geotechnical Right-of-way Appraisal - Phase I only Pond Siting Report PD&E Revaluation Report Noise Analysis Phase I - Lump Sum Phase IA - Lump Sum 3. TASK 11I- 90% SUBMITTAL Project General Tasks Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination & Adjustment Plans Utility Relocation Plans Permits Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans - Phase I only PSA $ 343.660.00 $ 111.600.00 8.5 Traffic Control Plans Landscape - Hardscape Survey and Mapping Specifications Phase I - Lump Sum Phase IA - Lump Sum 4. TASK IV -100% SUBMITTAL Project General Tasks Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination & Adjustment Plans Utility Relocation Plans Permits Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans - Phase I only Traffic Control Plans Landscape - Hardscape Specifications Phase I - Lump Sum Phase IA - Lump Sum 5. TASK V - POST DESIGN SERVICES A. Bidding Services Participate in Two (2) Pre-Bid Meeting Respond to Bidder Inquiries PSA $ 295,025.00 $ 111,600.00 $ 98.342.00 $ 37.200.00 B-6 Provide Necessary Plan Revisions Phase I -Time and Materials - Not to Exceed Phase IA -Time and Materials - Not to Exceed $ 0.00 $ 5.000,00 Construction Services Participate in Construction Meetings Participate in Field Reviews Respond to Requests for Information (RFI) Evaluate proposed revisions Review Shop Drawings Coordinate with adjacent Development Revise plan drawings SFWMD Certification Phase I - Time and Materials - Not to Exceed Phase IA - Time and Materials - Not to Exceed $ 0.00 $ 20.000.00 B. Expenses Copies Mailing, shipping and delivery Mileage @ $0.29/mile Telephone and Facsimile Phase I -Time and Materials - Not to Exceed Phase IA - Time and Materials - Not to Exceed $ 0.00 $ 5.000.00 TOTAL COST - NOT TO EXCEED $1.298.000.00 PHASE I $ 402.000.00 PHASE IA PSA B.1 SCHEDULE B ATTACHMENT B EMPLOYEE HOURLY RATE SCHEDULE Rate Engineering Post Design Position Stanley Class Analysis, Design Services Plans, Bid (Time & Package (Lump Sum) Materials) _. Project Principal SC-20 $228 $248.50 Chief Engineer Principal Engineer SC-18 $198 $215.80 I I I Design Manager SC-17 $184 I $200.60 I Discipline Approver SC-16 $171 $186.40 Construction Engineer i , Project Manager , SC-14 $148 $161.30 i , Senior Engineer I , Principal Designer SC-12 $129 $140.60 1 Senior Scientist Engineer i I Planner SC-11 $119 $129.70 I , Senior DesiQner i -I Designer Construction Specifier SC-9 $103 $112.30 i Technician , Engineer Intern SC-8 $95 $103.50 1 Cost Estimator ! i -, ! Scientist SC-7 $87 $94.80 , i .; i Project Coordinator SC-4 $62 $67.60 I -----~~-~-'"_.~..-....'" END OF SCHEDULE B PSA B.B SCHEDULE C PROJECT MILESTONE SCHEDULE Schedule is based on the number of calendar days from issuance of Notice to Proceed. PHASE I PHASE IA TASK I - 30% SUBMITTAL: 1. Phase! 181 Days 181 Days 3R Report - Phase fA 2. TASK II - 60% SUBMITTAL: 424 Days 334 Days 3. TASK III - 90% SUBMITTAL: 608 Days 455 Days 4. TASK IV -100% SUBMITTAL: 730 Days 546 Days 5. TASK V - POST DESIGN 1460 Days 973 Days SERVICES: PSA c.] SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in PSA D-I the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted' under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the PSA D.2 CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ...x..... Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee ---X.. $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable X Not Applicable PSA D.3 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an .occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage PSA $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 04 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No PSA D.S (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate ---X.. $2,000,000 each claim and in the aggregate PSA D-6 _ $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and PSA c.7 OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D PSA D.B SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Stanley Consultants, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning 09-5278 Design & Related Services for the Intersection Capacity Improvements to the US41 & CR951 and RRR Roadway Improvements to CR951, Project Number 60116 are accurate, complete and current as of the time of contracting. Stanley Consultants, Inc. BY: ...... TITLE: VICE PRESIDENT DATE: 1/18/10 E-l SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS CATEGORY NAME PERCENT -------,-- Project Principal Tshaka Dennis 1% , Chief Engineer Bob Jacobs 2% , - Principal Engineer Freddie Vargas 2% Principal Engineer Bill Evans 5% -- Design Manager Jon Ahlschwede 12% Discipline Approver Predrag Milosavljevic 2% Construction Engineer Jim McLellan 2% Project Manager David Dowling 30% Senior Engineer Don Rainey 10% Senior Engineer Wilson Garcia 10% i Senior Engineer Amin Ahmed 7% I Principal Designer Dan Hill 10% I Engineer Michael Penn 40% Planner Rohan Sadhai 5% Technician Luis Pastrana 35% Engineer Intern Josue Rivera 20% Engineer Intern Ray Caya 20% Cost Estimator Glenn Jensen '2% Scientist Courtney Arena 10% Project Coordinator Marquita King -- 2% Subconsultants . Dunkelberger Engineering & Testing -10% . Janus Research - 5% . McGee & Associates - 2% . RWA-45% . Scheda Ecological Associates - 5% F-l ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID CH I DATE (MMfDONYYY) SCCOM-l 01/15/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Miller & Harrison Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 W. Second St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Muscatine IA 52761 Phone: 563-263-6044 Fax:563~263-6667 "INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:. Phoenix Insurance Comnanv 25623 INSURER B: Charter Oak Fire Ins. Co. 25615 Stanl~Consultants, Inc. INSURER c: CNA Insurance Companies 20443 27300 'verview Cen Blvd #101 INSURER 0: Travelers pronertv Cas. 25674 Bonita Springs FL 34134 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONomON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BVTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE I POLICY NUMBER ! 'DiWhiMfo1j",.}Q)E P8A'n:' (MMID~"(~ LIMITS ~NERAL UABllITY EACH OCCURRENCE .1,000,000 A X X COMMERCiAl GENERAL lIABILITY 630-4885B479-TIL-l0 01/01/10 01/01/11 I ~~~JY~~ce\ .500 000 I ClAIMS MADE ~ OCCUR ~ MED EXP (Anyone person) .10,000 f--- PERSONAL & ADV INJURY .1 000 000 f--- GENERAl AGGREGATE .2 000 000 n'LAGG~E[~rlIMIT APnS PER: PRODUCTS. COMP/OP AGG .2 000 000 POLICY X ~~8r lOC ~OMOBILE lIABILITY COMBINED SINGLE L.IMIT .1,000,000 B ~ NoN AUTO P-810-4885B479-COF- 1001/01/10 01/01/11 (Eaaccident) ~ AlL OWNED AUTOS BOOIL Y INJURY S ..!- SCHEDULED AUTOS {Per person) , ~ HIRED AUTOS BQDIL Y INJURY , ~ NON-QWNED AUTOS (Fer.ecicllnt) ~ PROPERTY DAMAGE . {Per accident) qE LIABIUTY , AUTO ONLY. EA ACCIDENT S ANY AUTO i EAACC . OTHER THAN AUTO ONLY: AGG . EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE S 5 ,000 000 D ~'OCCUR D CLAIMS MADE CUP-4885B479-TIL-l0 01/01/10 01/01/11 AGGREGATE .5.000.000 . ~ DEDUCTISLE . X RETENTION .10 000 , WORKERS COMPENSATION AND X ITORYLIMrrS I IU~~- B EMPLOYERS' LlABIUTY PVYBOUB-4885B47-9-10 01/01/10 01/01/11 E.L EACH ACCIDENT .1 000 000 At('( PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCL.UDED? E.L DISEASE. EA EMPLOYE! sl 000 000 g~~:r~~~~NS below E.L. DISEASE. POLICY liMIT .1 000 000 OTHER C Professional AEH-00-822-09-75 10/05/09 10/05/10 Per Claim $5,000,000 L:i.abilitv CLAIMS-MADE FORM Aaareaate $5 000 000 DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES f EXCL.USIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Collier Contract 09-5278. Certificate holder is named as additional insured on the above general liability policy if required by written insured contract. General liability coverage is primary and non-c()~~~ibuto~=--------.__________ Waiver of subrogation granted on workesr compensation. General Aggregate Limdt Endorsement is attached to this certificate. CERTIFICATE HOLDER Collier County, FL Board of County Commissioners 3301 Tamiami Trail, East Naples FL 34112 CANCELLATION COLLOO 1 SHOUl.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEl.L.!D BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIL.L. ENDEAVOR TO ~All. ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT, BUT FAILURE TO DO SO SHAll. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, rrs AGENTS OR REPRESENTATIVES. AUT~ENTA @ ACORD CORPORATION 1988 ACORD 25 (2001/08) IMP0RTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COMMERCIAL GENERAL LIABilITY THIS ENDORSEMENT GHANGES'TItEPOLlCY. PL.:EASE READ IT CAREFULLY BLANKET ADDITIONAL INSU.RED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABilITY COVERAGE PART 1. WHO 1S AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requi~ipg insurance" to include as 'In additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personaHnjury"; and b) If, and only to the extent that. the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured w~h respect to the independent acts or omissions of such person or organization, 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of Iiabili!yrequired by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of iiability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section 11I- Limits Of Insurance. b) The insurance provided to the additional in- sured does not appiy to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i, The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or' ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii, Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and 'included in the "products-completed op- erations hazard" unless .the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies orily to such "bodily injury" or "property damage" that oc- curs before the. end of the period. of time for which the "written contract requinng insur- ance" requires you to provide such coverage or the end of the policy period, whichever is ~~~ . 3, The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to ~other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ancell. 4. As a. conditiorr--of--eeverage provided to the additional insured by this endorsement: a) The adqitional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: @2005 The St. Paul Travelers Companies, Inc. Page 1 of2 C.oMMERCIAL GENERAL LIABILITY 1. How I when .and where :the "occurrence'l Dr offense took place; . ii. The namesan~addresses Df any injured persDns and wlttiesses; .and Iii. The nature and location of .any injury Dr damage arising out of the '"Dccurrence" or offense. b) If a claim is made or "su~" is brought against the .additional Insured, the additional insured must: 1. immediately record ihespecifics of the claim or "su~" .and the date received; and "ii. Notify us as soon as practicable. The .addltional :insured must 'see to it that we receivewrllten notice of the claim or "suit" as soon as practicable. c) The additional Ins~J'8d must immediately send us copies OUllr legal ilapers Teceived in connection -w~h the. claim or~si.Jir, cooperate with' us 'in the inveS!i9ation or sett.lement of the claim or defef\se against the "suit" , and otherwise comply withalLpolicy conditions. d) The .addltlonalinsured must tender the de- fense and indemnity of any claim or "sult" to ~ any provider. of "other insurance" which would CDver ihe additional insured for a loss we cover .under this endorsement. However, this :condition do~ not;affect whether the insur- anceprDvided 10 ttie additional insured by ,thi!(.endorsementls primary to "other insur- ance"available to the additional insured which covers that person or organization as a named insured. as described in par;lgraph '3. above. ' 'S, The follDwing definition is added to SECTION V. ;.. DEFINITIONS: 'Written contract' requiring ,insurance" means thaI par! of any written contract Dr agreement under which you are required to inciude a person or organization as an additional in- sured on this Coverage Par!; provided that the "bodily injury" and "property damage" oc- curs and the "persoral injury" is caused by an offense committed: .a. After the signing ,and execution of the contract or agreement by you; b. While that par! of the contract or agreement ,is In effect; and' c. Before the end of the policy period. Collier County, FL Collier County Purdhasing Department 3301 Tamiami Trail, East Naples, FL 34112 Stanley Consultants, Inc. Policy 630-488SB479-TIL-10 Expiration 01/01/11 Page 2 of 2 @.2005The St. Paui Travelers Companies, Inc. CG 02 46 08 OS I I I POLICY NUMBER: 63~4885B479-TIL-10 ~. COMMERCIAL GENERAL LIABILITY ISSUE DATE 01-01-10 THIS ENDORSEMENTCHANGES~"HEPOllCY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): Collier County Florida Collier County Purcashing Dept. 3301 Tamiami Trail, East Naples, FL 34112 , , . A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated 'project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above.' 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing IIsuits". Designated Project General Aggregate(s): 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that. designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay .as~amages caused .by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Scheduie above: CG 02 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVE.RAGE C. lor medical expenses shall reduce the amount evailable under the Generel Aggregate limit or the Products-Completed Operations Ag- gregate limit, whichever is applicable; end 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION III - LIMITS OF INSURANCE Is deleted and replaced by the following: 2, The General Aggregate Limit Is the most 'we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the' "products-completed operations hazard" is pro- ~. vided, any payments for damages because of -" -"bodily Injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products.Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: 'Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate' Iiniit' of insurance, each "project" that inCludes- premises invoiving the same or connecting lo~,or .premises whose con- nection is interrupted only 'by a street" roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. - -- ---', _. ~... ._~-~--_._--_.- .-------- ---- -._- -- --- Page 2 of2 Copyright, The Travelers Indemnity Company, 2004 CG 0211 01 04 Date: January 28,2010 b~ '\-"!l I,' Ii- It*ATE REC~ED: ur ,tl~ v \ '0\ li~..IlY ~\,J, 10RN8 J>n~ y ,I <lJ', ~ . \ 5 ' l.. y1..- "",n 1;,1\ 29, PI; 4' l' .I/'L Li\ \j "'''0 J" ..:. ~,,~ ~+1 DO NOT WRITE ABOVE THIS LINE ' f2.:, 71J J1' 'OW ~I~/'O / 0'~i . \~'r REQUEST FOR LEGAL SERVICES ITEM NO.:/O ~??C.-OIUl:L FILE NO.: ROUTED TO: To: County Attorney's Office Attention: Jeff Klatzkow <j~ JYlor~ From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5278 "Design & Related Services for the Intersection Capacity Improvements to the US41 & CR951 and Resurfacing, Restoration and Rehabilitation (RRR) Roadway Improvements to CR951", Project #60116 Contractor: Stanley Consultants, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on January Agenda Item 10.B This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Marlene Messam, TECM RLS # /f) -~M_ ~I Y?,.'l CHECKLIST FOR REVIEWING CONTRACTS Entity Name: ..:iTA-"'I.'it f'INC:Ut -rl'MJiS Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ 'Z. ~l L.- Products/CompllOp Required $ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ I foAL L.- Workers Compensation Each accident Required $ I ""It.-- Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ S'M.u... Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ .z. ""-I.... Per Aggregate Required $ Other Insurance Each Occur Type: Entity name correct on contract? Entity registered with FL Sec. of State? Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date ofbond Does dollar amount match contract? Agent registered in Florida? Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ ~~I(.... Exp. Date 11[11 II Exp. Date " r ....,,- Exp. Date 'I 1/ Exp. Date [, .s,,) ,10 Exp. Date I' 11M\.- Exp Date {u[Dr { M.lt Exp Date 1/. I" 1I Exp Date "1' " Exp Date /I Exp Date ~f( (q Exp Date ' I " ----J,.LY es _No SloAt\.- Exp. Date /D!.s-!ltJ " Exp. Date .' /1Je. ./"Yes ~Yes _!;'".yes ~Yes vYes ~Yes " Provided $ ~Yes _L'yes /Yes Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Oc~1' 0 I\A ~ Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Yes Yes Yes Yes Yes .......Yes (AU- V"'Yes ~Yes VYes ~Yes No No No No No No Exp Date_ _No _No _No ~No _No _No _No _No No _No _No _No No No No '-... ReVIewer Imtlals: ~ D,te, .;J-!,Ilf) 04.COA-O t03~1222 MEMORANDUM FROM: .J2 }I.V" ~ Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department TO: Ray Carter Risk Management Department DATE: January 28,2010 RE: Review of Insurance for Contract: #09-5278 "Design & Related Services for the Intersection Capacity Improvements to the US41 & CR951 and Resurfacing, Restoration and Rehabilitation (RRR) Roadway Improvements to CR951", Project #60116 Contractor: Stanley Consultants, Inc. This Contract was approved by the BCC on January 26, 2010, Agenda Item 10.B Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC DATE RECElVEO; JAN 2 9 2010 RISK 1-ti\.~EMENT C: Marlene Messam, TECM mausen g From: Sent: To: Cc: Subject: RaymondCarter Friday, January 29, 2010 3:27 PM CummingsRhonda mausen--9; DeLeonDiana; MessamMarlene Contract 09-5278 "Design & Related Services for the Intersection Capacity Improvements to the US41 & 951.....Project #60116" All, I have approved the certificate of insurance provided by Stanley Consultants, Inc. for contract 09-5278. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ~ Co.h.t.e.1r. Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 Under Florida Law, e.mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help PrevJQY~ on List NextQ.n..List BJ~:tYrn_.:ro Lisj: No Events No Name History I Entity NarneSearch Submit J Detail by Entity Name Foreign Profit Corporation STANLEY CONSULTANTS, INC. Filing Information Document Number P09744 FElfEIN Number 421320758 Date Filed 04/15/1986 State IA Status ACTIVE Principal Address 225 IOWA AVENUE MUSCATINE IA 52761 Mailing Address 225 IOWA AVENUE MUSCATINE IA 52761 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION FL 33324 Name Changed: 03/25/1992 Address Changed: 03/25/1992 Officer/Director Detail Name & Address TitlePD ROBERTS, GAYLE A PD 6914 NOTTINGHAM BETTENDORF IA 52722 Title SVP REISCHAUER, BENNETT D SVP 1610 MULBERRY AVE. MUSCATINE IA 52761 Title CD THOMOPULOS, GREGS G CD 75 SHAGBARK CT IOWA CITY IA 52246 Titre S ELLIOTT. NANCY D S 209 NORMANDY CT. MUSCA TINE IA 52761 TifleT SMITH, RICHARD C T 101 STERLING WOODS CT MUSCATINE IA 52761 Title AS http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc_number=P09744&inq...1/14/20 1 0 www.sunbiz.org - Department of State Page 2 of2 MCDANIEL, KAREN L 702 BARRY AVENUE MUSCATINE IA 52761 Annual Reports Report Year Filed Date 2007 01110/2007 2008 01107/2008 2009 01119/2009 Document Images 01119/2009" AN,N!,JAL REPORT View image in POC fotmal 01/07/2008 ',' AN NUAL EEPORT " View image in POF fotll1al Q1/1Q1Jilll.I''__'Ai'!I'IUAL REP,ORT View image in POF fotmat 01/10(2006,~ANNUAL REPORT ' View image'in POFlOrmat 01/06/2005" ANN.U!\L R,EPORT QJl:<<L~QQ4 " ANNUAL REPORT VIeW imagE>in POF fQl'mal I 01/14/2003 '-I\~J'JI,JAL.REPORT VieW image InPDFflifmal, I 02/20/2002 ~ANNUAL REPORT " View image ill POl' formal I 02/09/;100.1.-- A1'JNUAL 8.EEO.RT View imageln POC fotinal I 03/31/2000 -- ANHUAL REPORT VieW image in PDFfOrmal l 03101/1999 ""I\NN.UAL REPORT ,VieW imag..ln PDF,fotmal l 02/05/1998 -- !\I'INUALBJ~!'ORJ View image"in PDl' fQfmat I 05/19J,1997 ~ANNUAL REPORT :VleWimageJnPOl'fo,mal I 05/0111996 -- ANN,UALREPORT VieW ill1age In PDF fonnal I 05/01/1995"ANr>iU,AL R,EPORT : 'VielvimageinPOFformal I Note: This is not official record. See documents if question or conflict. Previous on Lt$1 Next on List R,llttY.mX_Q.J,.jst IEntityName Search $\J!,mlll No Events No Name History I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc__nwnber=P09744&inq...1/14/20 1 0 ~ Stanley Consultants INC. A Stanley Group Company Engineering, Ernironmentaland Construction Services. Worldwide April 25, 2006 CORPORATE CERTIFICATE I, Nancy D. Elliott, certify that I am the Secretary of Stanley Consultants, Inc.; that Stanley Consultants, Inc., is an Iowa Corporation in good standing, and that Tshaka E. Dennis is a Vice President, and that Tshaka E. Dennis is duly authorized to execute contracts on behalf of the Corporation by authority of its governing body and such executions are within the scope of its corporate powers. ~Ui.~~ ~~~"""'OR' ~~~ """ q,.V ~1>~<f'~ ~ 0 ... -, <t,. ( ... %' ""' () 0 C) \<1> "SEA.:)' j (Seal) ~ to W A ~ '\).~ Nancy D. E~ott, Secretary Witness: ~) Bennett D. Reischauer, Sr. Vice President State ofIowa, Muscatine County, ss: On this 25th day of April, 2006, before the undersigned, a Notary Public in and for said County and State, personally appeared Nancy D. Elliott and Bennett D. Reischauer to me personally know, who being by me duly sworn, did say they are Secretary and Senior Vice President of said Corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors; and they acknowledged the execution of said instrument to be their voluntary act and deed as such officers of said Corporation, by it and by them voluntarily executed. ~ SHAWN R. KILBURN ~ Q..I... . .<I, Number 704377 . . ~ ElcpIres J--~~....~. \(:\~.....r' Sliawn R. Kilburn, Notary Public Commission Expires July 31, 2006 Stanley Building. 225 Iowa Avenue. Muscatine, IA 52761 . phone 563.264.6600. fax 563.264.6658 www.stanleyconsultants.com