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Agenda 09/13/2011 Item #16A119/13/2011 Item 16.A.11. n EXECUTIVE SUMMARY Recommendation to approve the award of Contract #1.1 -5639 in the amount of $450,000.00 and authorize the Chairman to execute an agreement with TY Lin International, for "Design & Related Services for the Replacement of CR29 Bridge (#030161) over Chokoloskee Bay" for Project No. 66066. ©BJEC To obtain professional design and related services for the replacement of CR29 Bridge #030161 ,over Chokoloskee Bay. CON_ SID1iRTIONS_ The purpose of this Project is to improve the serviceability of the Chokoloskee Bay i Bridge connecting Chokoloskee Island to Everglades City along CR 29 /Copeland Avenue. The existing bridge was built ` in 1955. In 2007, the County through its Consulting Engineering Services Contract performed a Condition Assessment Study of the Bridge. This study recommended the need for immediate minor structural improvements and eventual replacement of the Bridge. In 2009, the Florida Department of Transportation issued the biennial Bridge Inspection Report and rated this bridge as furictionally obsolete with a Sufficiency Rating of 46 and a Health Index of 65.84. These ratings were significantly, below the acceptable thresholds for serviceability. In 2009, the bridge also received three-vehicular hits that damaged the railing on both sides of the bridge. The County through its construction services contract initiated the repairs to the railings as well as performed minor repairs io improve the structural deficiencies that were identified in the 2007 Condition Assessment Recommendation Report and 2009 Bridge Inspection Report. The bridge is experiencing scour from tidal flow which tends to undermine the west seawall creating a maintenance issue. The stability of the seawall fibm scour impacts has been studied and documented in a final report published March 30, 2011. The seawall wilf continue to be monitored and maintained in a safe condition until a new bridge can be consfructed. Repairs have improved: the condition of the bridge, but the most recent FDOT Bridge Inspection Report dated January 1, 2011, still shows the bridge failing to meet the minimum standards and therefore needing replacement. The bridge connects Chokoloskee Island with the mainland and in an emergency this is the only evacuation route by land. The Transportation Engineering Department (TE) requested proposals from qualified firms to P rovide professional design and related., services for the replacement of the Chokoloskee Bay Bridge #030161. These services include, but are not limited to, design engineering, permitting and permitting services, specification submittal, project management, bidding support services, and post construction services. In accordance with the Consultants Competitive Negotiations Act, on January 19, 2011, the county posted RFP #11-5639. Nine hundred and seventy -one notices of the RFP were sent out. Ten (10) letters of interest were received. - On March 14th 2011, a selection committee short- listed the four (4) top ranked firms for evaluation of their technical proposal. On May 24th, 2011, Packet Page -1328- 9/13/2011 Item 16.A.11. the Board of County Commissioners approved the recommended short-list of consultants -and directed negotiations with the top ranked firm, TY Lin International. Negotiations began on July 21, 2011 with the county fee at $ 420,000.00 and the .consultant at $ 1,206,784.91. Negotiations continued until a mutually acceptable fee of $ 450,000.00 was reached. FISCAL _)IAACT: Budget is available within Gas Tax Fund (313) project #66066. LEGAL CONSIDERATIONS• This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SR T. GROWTH MAN.A &EMENT IMPACT There is no impact to the Growth Management Plan related to this action. RECOAIENDATION: That the Board of County Commissioners 1. Approves the award of contract 11 -5639 to TYLin International, and 2. Authorizes its Chairman to execute the attached Agreement, following County Attorney review. PREPARED BY: Marlene Messam P.E., Sr. Project Manager, Transportation Engineering Department. V Attachments; 1):PSA Agreement, Schedules B &C i I Packet Page -1329- 9/13/2011 Item 16.A.11. n COLLIER COUNTY Board of county. Commissioners Item Number: 16.A.11. Item summary: Recommendation to approve the award of Contract #11 -5639 in the amount of $450,000 and authorize the Chairman to execute an agreement with TY Lin International, for "design & Related Services for the Replacement of CR29 Bridge (#030161) over Chokoloskee Bay" for Project No. 66066. Meeting, Hate: 9/13/2011 Prepared By Name: MessamMarlene Title: Project Manager, Senior;Transportation Engineering & Construction Management 6/22/20112:19:06 PM Submitted by Title: Project Manager, Senior,Transportation Engineering & Construction Management Name: MessamMarlene 6/22/20112:19:08 PM Approved By I Name: PutaansuuGary Title: Project Manager, Rrincipal,Transportation Engineer Date: 8/23/20112:25:21 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 8/24/20113:53,14 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 8/25/20118:12:13 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 8/25 /2011 10 :58:29 AM Packet Page - 1330 - 9/13/2011 Item 16.A.11. Name: CummingsRhonda Title: Contracts Speeialist,Purchasing & General Services Date: 8/30/2011 10:23 :13 AM Name: CarnellSteve Title: Director Purchasing/ General Services,Purchasing Date: 8/30/2011 5:03:52 PM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 8/31 /2011 7:12:16 AM Name: FederNorman ' - Title: Administrator - Growth Management Div,Transportati Date: 8/31/2011 1:25:50 PM Name: KlatzkowJefi Title: County Attorney, Date: 9/1/20112:51:44 PM Name: UsherSusan �t Title: Management/Budget Analyst, Senior, Office of Manage Date: 9/6/2011 8:12:24 AM Name: OchsLeo Title: County Manager Date: 9/6/2011 11:09:35 AM Packet Page -1331- 9/13/2011 Item 16.A.11. 10-1� Contract #11 -5639 Design and Related Services for Chokoloskee Bridge Replacement PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made.and entered into this day of 2011, 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 T.Y. Lin International , authorized to do business in the State of California, whose business address is 2 Harrison Street, Suite 500, San Francisco, CA (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Design Engineering and Related Consulting services of the CONSULTANT concerning the Chokoloskee Bridge Replacement (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: i Packet Page -1332- 9/13/2011 Item 16.A.11. ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design Engineering and Related Consulting 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 Alvaro Piedrahita, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this 2 Packet Page -1333- 9/13/2011 Item 16.A.11. 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, including the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative session, 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 .-e 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. Packet Page -1334- 9/13/2011 Item 16.A.11. 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 written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt 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 4 Packet Page -1335- 9/13/2011 Item 16.A.11. 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 furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S 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: s Packet Page -1336- 9/13/2011 Item 16.A.11. 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. 6 Packet Page -1337- 9/13/2011 Item 16.A.11. 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 n respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (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; Packet Page -1338- 9/13/2011 Item 16.A.11. (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, r..� 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 n lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after s Packet Page -1339- 9/13/2011 Item 16.A.11. 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 9 Packet Page -1340- 9/13/2011 Item 16.A.11. 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. 10 Packet Page -1341- 9/13/2011 Item 16.A.11. ARTICLE SEVEN MAINTENANCE OF RECORDS n 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. 1I Packet Page -1342- 9/13/2011 Item 16.A.11. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County 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 read: 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. ]2 Packet Page -1343- 9/13/2011 Item 16.A.11. ARTICLE TEN n SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by 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. 13 Packet Page -1344- 9/13/2011 Item 16.A.11. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. 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 14 Packet Page -1345- 9/13/2011 Item 16.A.11. codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without n 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. 15 Packet Page -1346- 9/13/2011 Item 16.A.11. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional 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. ]6 Packet Page -1347- ",-IN 9/13/2011 Item 16.A.11. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The n CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. Packet Page -1348- 9/13/2011 Item 16.A.11 ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Stephen Y. Carnell, Purchasing /General Services Director Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CO.NSULTANT'S address of record: T.Y. Lin International 2400 First Street, Suite 200, Fort Myers, FL 33901 (239) 332 -4846 Telephone, (239) 332 -4798 Fax: Attn: Jim Molnar, PE, Vice President JMolnar @tylin.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. 1s Packet Page -1349- 9/13/2011 Item 16.A.11. ARTICLE SEVENTEEN ^ MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. n 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify -any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 19 Packet Page -1350- 9/13/2011 Item 16.A.11. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 11 -5639 Terms and conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent ?o Packet Page -1351- 9/13/2011 Item 16.A.11. upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties .-. arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation 21 Packet Page -1352- 9/13/2011 Item 16.A.11. 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. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et se . 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. 22 Packet Page -1353- nnihl 9/13/2011 Item 16.A.11. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for 11 -5639 Design and Related Services for Chokoloskee Bridge Replacement the day and year first written above. ATTEST: Dwight E. Brock, Clerk 0 Date: Approved as to form and legal sufficiency: Scott Teach Deputy County Attorney Witness Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Fred W. Coyle, Chairman T.Y. Lin International Typed Name and Title 23 Packet Page -1354- EXHIBIT A SCOPE OF SERVICES FOR CHOKOLOSKEE BRIDGE (030161) REPLACEMENT PROJECT fir.TP - 9/13/2011 Item 16.A.11. 1 PURPOSE ......................................................................... ............................... 2 PROJECT DESCRIPTION ..................................................... ..............................4 3 PROJECT COMMON and GENERAL TASKS ........................... .............................17 4 ROADWAY ANALYSIS ...................................................... ............................... 20 5 ROADWAY PLANS ............................................................. .............................22 6 DRAINAGE ANALYSIS ........................................................ .............................23 7 UTILITIES ....................................................................... ............................... 8 ENVIRONMENTAL PERMITS ................................................ .............................27 9 STRUCTURES-SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS .........30 10 STRUCTURES- BRIDGE DEVELOPMENT REPORT ................. .............................30 11 STRUCTURES - TEMPORARY BRIDGE ................................. .............................31 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE ............... .............................31 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE ............. .............................32 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and tasks 14.1 — 14.60 are not applicablefor this project ............................................................. ............................... 33 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and Tasks 15.1 — 15.77 are not applicablefor this project ............................................................. ............................... 33 16 STRUCTURES - MOVABLE SPAN and tasks 16.1 — 16.102 are not applicable for this project..................................................................................... ............................... 33 17 STRUCTURES - RETAINING WALL and Tasks 17.1 — 17.21 are not applicable for this project..................................................................................... ............................... 33 18 STRUCTURES — MISCELLANEOUS and tasks 18.1 — 18.22 are not applicable for this project..................................................................................... ............................... 19 SIGNING AND PAVEMENT MARKING ANALYSIS .................... .............................34 20 SIGNING AND PAVEMENT MARKING PLANS ............................................. ........ 35 21 SIGNALIZATION ANALYSIS and Tasks 21.1 — 21.19 are not applicable for this project.35 22 SIGNALIZATION PLANS and Tasks 22.1 — 22.18 are not applicable for this project...... 35 23 LIGHTING ANALYSIS .......................................................... .............................35 24 LIGHTING PLANS .............................................................. .............................36 25 LANDSCAPE ARCHITECTURE ANALYSIS ............................. .............................36 A -1 Packet Page -1355- 9/13/2011 Item 16.A.11. 26 LANDSCAPE ARCHITECTURE PLANS ............................................................... 37 27 SURVEY ........................................................................................................ 37 28 PHOTOGRAMMETRY and tasks 28.1-28.19 are not applicable for this project............. 40 29 MAPPING ....................................................................................................... 40 30 GEOTECHNICAL ............................................................................................. 40 31 ARCHITECTURE DEVELOPMENT and tasks 31.1 — 31.139 are not applicable for this project............................................................................................................ ....... 41 32 NOISE IMPACT DESIGN ASSESSMENT and tasks 32.1 — 31.11 are not applicable for thisproject .............................................................................................................. 41 33 INTELLIGENT TRANSPORTATION SYSTEMS ANALYSIS and tasks 33.1 — 33.21 are not applicable for this project .............................................................................. ........ 41 34 INTELLIGENT TRANSPORTATION SYSTEMS PLANS and tasks 34.1 — 34.20 are not applicable for this project .................................................................................... ....... 41 35 PROJECT REQUIREMENTS ..................................................................... ........ 41 36 INVOICING LIMITS ..................................................................................... 42 A-2 Packet Page -1356- 9/13/2011 Item 16.A.11. SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES BRIDGE DESIGN AND HIGHWAY This Exhibit forms and integral part of the agreement between Collier County Board of Commissioners (hereinafter referred to as the COUNTY) and TY Lin International relative to the transportation facility described as follows: Financial Project ID: 66066.3 County Location.: Section 23, Township 53 South, and Range 29 East Description: CR 29 (Copeland Avenue) over Chokoloskee Bay Bridge No.: 030161 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design preparation of a complete set of construction contract plans and special provisions, if necessary, for: Improvements to the transportation facility described herein Major work mix include: BRIDGE REPLACEMENT Major work groups include: 3.1, 4.2.1, 4.2.2 & 8.2 Minor work groups include: 4.2.1, 5.4, 7.1, 7.2, 7.3, 8.1, 8.2, 8.4, 9.1, 9.2, 9.4.1, 9.4.2 & 15 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, geotechnical activities, surveys, drainage, signing and pavement markings, utility relocation, maintenance of traffic, cost estimates, temporary signalization, environmental permits, quantity computation books, and all necessary incidental items for a complete project. The Scope of Services establishes which items of work described in the Florida Department of Transportation (FDOT) Plans Preparation Manual, Collier County Land Development Code and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. All plans and design documents are to be prepared with Standard English values in accordance with all applicable FDOT manuals and guidelines. The CONSULTANT shall be aware that as a project is developed, certain modifications and /or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a good contract file system that can be turned over to the COUNTY at the close of the project. It shall be the CONSULTANT's responsibility to A -3 Packet Page -1357- 9/13/2011 Item 16.A.11. utilize the very best engineering judgment, practices, and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job- specific information and /or functions as outlined in this contract. 2 PROJECT DESCRIPTION The CONSULTANT shall investigate the status of the project and become familiar with concepts and commitments (typical sections, alignments, as- builts, reports, etc.) developed from prior projects. The following documents are available: A Final Condition Assessment and Recommendation Report dated December 2007, Construction Bid Package for bridge repairs completed in 2009, As- Builts dated July 29, 2010 and, the most current Bridge Inspection Report. The principle intent of this project is to replace the existing functionally obsolete bridge (030161) 5.4 miles south of US41 on CR 29 (Copeland Avenue) over the Chokoloskee Bay in Collier County, Florida. The roadway approaches should be resurfaced /reconstructed as appropriate, but as a minimum to the extent of the new guardrail. The existing bridge has been identified as scour susceptible and was constructed in 1955. The existing capacity (2 lanes) shall remain the same for the new bridge. The posted speed limit on CR 29 is 35 mph. An appropriate design speed will be determined during design by CONSULTANT conducting a speed study.. CONSULTANT shall consider and evaluate the use of a temporary detour bridge to either side of the existing to facilitate Maintenance of Traffic (MOT) during construction. Based on the research, the existing maintained rights -of -way appear to be approximately 200' .,—N total. The official county maintained rights -of -way will need to be determined and /or verified for this project. Right -of -way acquisition maybe anticipated in the form of Temporary Construction Easements in order to construct a temporary bridge and transitions. The onsite temporary diversion will likely require temporary construction easement. A 12" diameter waterline is attached to the eastside of the bridge. There is an underground forcemain(s) adjacent to the west side of the bridge. Utility relocation is anticipated with this project. Project limits will be adjusted during the design based on the new bridge length and roadway approaches. The overall anticipated project length is 0.152 miles. The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway (Activities 3.0, 4.0, and 5.0) Plan Type: The CONSULTANT shall provide roadway plans, structures plans, and any other plan type required for the project. This will also include miscellaneous details to construct the project. The CONSULTANT shall develop and sign and seal the plans in accordance with Chapter 19 of the Florida Department of Transportation, Plans Preparation Manual, Volume 1, January 2011 Revision. Public Involvement: The project will include Public Meetings. See Section 3.1 for specific requirements. Joint Protect Agreements: A JPA for relocation of the water and sewer utilities may be needed. Typical Sections: The new roadway typical sections will be determined by the appropriate criteria requirements for the design speed and traffic volumes. A -4 Packet Page -1358- 9/13/2011 Item 16.A.11. Bridge Typical Sections: The new bridge section shall include 12' lanes with minimum shoulder widths and sidewalks per appropriate criteria requirements for the design speed and traffic volumes and as developed in the Bridge Development Report. Right -of -Way: Existing Right -of -way will be researched, verified and established. Existing R/W lines, including stations and offset distances at breaks, will be shown on all plan sheets. Pavement Design: The CONSULTANT will provide the Pavement Design for the project. Traffic Control Plans: The CONSULTANT shall provide Temporary Traffic control Plans, Level Il. Traffic Control Plans (TCP) will be required for this project. The FDOT Design Standards, 600 series, should be utilized for all work being performed on or adjacent to existing roadways. A reduction in the number of lanes may require that a lane closure analysis be performed by the CONSULTANT. See Section 4.6 for further guidance. Temporary Drainage: The CONSULTANT is responsible for any temporary drainage design necessary for the project. Variations /Exceptions: There are no known Design Variations or Exceptions required at this time. The consultant should review the location for a functional design that will meet FDOT design standards and make a determination whether a Design Variation or Exception is appropriate. Other conditions may be identified during design that may warrant design variations or exceptions. The CONSULTANT is to submit the requests for variations and Exceptions to the COUNTY as early as possible for approval in order to minimize potential schedule delays. The CONSULTANT will coordinate with the County's Project Manager to obtain this approval. Post Design Services: Provide necessary plan revisions; participate in construction meetings; participate in field reviews; respond to requests for information (RFI); evaluate proposed revisions; review shop drawings; coordinate with adjacent developments; revise plan drawings; SFWMD certifications. Post design services are included in this Scope of Services. Fees for Post Design Services will be on a time and material basis. 2.2 Drainage (Activity 6.0) The CONSULTANT shall develop hydraulic requirements for the new structure and design appropriate countermeasures any other treatment requirements. All existing drainage structures shall be shown . on the construction plans and should be inspected for scour, erosion, structural integrity and accumulation of sediments if necessary. Treatments should be discussed with the Design Project Manager before being added to the construction plans. The stormwater system will be designed to meet the permitting requirements of all permitting agencies. Stormwater system design will consider best management practices, open system, closed system, lateral ditches, exfiltration, etc., or a combination thereof, within or outside the existing right -of -way. 2.3 Utility Coordination (Activity 7.0) The CONSULTANT will be responsible for coordinating and identifying all utilities in the corridor during the survey phase by calling Sunshine State One -Call of Florida (SSOCOF) and shall coordinate with each company to verify that all existing utilities are designated in the field prior to completing the topographic survey. The CONSULTANT will be responsible for showing areas A -s Packet Page -1359- 9/13/2011 Item 16.A.11. that may be affected by construction. The CONSULTANT will evaluate utilities for potential impacts and prepare a Utility Conflict Matrix and Utility Adjustment Plans as directed by Section 7.0 of this document. The Consultant is to review the Utility Work Schedules and assure that they are compatible with the plans. The CONSULTANT will provide design and permitting services for relocation of the potable water line attached to the existing bridge as well as the subaqueous sanitary sewer force main if needed. 2.4 Environmental Permits (Activity 8.0) The CONSULTANT shall coordinate with appropriate agencies for all necessary permits, including, but not limited to, South Florida Water Management District, Department of Environmental Protection, United States Coast Guard and US Army Corps of Engineers. The CONSULTANT shall be responsible for the identification, coordination and applications for all permits necessary to construct this project. All application and processing fees associated with said permit(s) and activities shall be paid for by the COUNTY. The COUNTY will direct use of mitigation bank. 2.5 Structures (Activities 9.0 — 18.0) The new typical section shall include 12' lanes with appropriate shoulder widths and sidewalks per AASHTO and /or PPM requirements. Type of Bridge Structure Work: BDR • Temporary Bridge: n Short Span Concrete Medium Span Concrete Retaining Wall: May be required for the approach roadways depending on final elevation of the bridge. • Miscellaneous: Not anticipated 2.6 Signing and Pavement Markings (Activity 19.0 & 20.0) The CONSULTANT shall be responsible for the design, details, and quantities associated with signing and pavement markings for this project. The CONSULTANT shall evaluate the existing signage to determine the need for additional signs, correcting redundant or conflicting signage, and the replacement of damaged signs. The CONSULTANT shall perform a speed study to determine an appropriate design speed for the project. 2.7 Signals (Optional Service) CONSULTANT shall provide for design of temporary traffic signal control to maintain traffic during construction if prolonged lane closure is required. The basic service will consider providing a temporary bridge, if the temporary bridge concept is not feasible due to utility conflict, then the Consultant will have the option of using signal control for traffic maintenance. 2.8 Lighting Navigational lighting will be required per USCG criteria. CONSULTANT shall consider future lighting requirements of possible recreational enhancements to the causeway when sizing any system improvements for power supply. A -6 Packet Page -1360- 9/13/2011 Item 16.A.11. 2.9 Landscape Architecture (Activity 26.0) The CONSULTANT will develop a master plan for future public use recreational facilities which will include areas for fishing, covered kiosks, picnicking, paved pathways for access, parking areas and facilities for sanitation control. COUNTY will solicit comments from other departments ^ during phase reviews and direct CONSULTANT on any changes to incorporate. It is the intent of the COUNTY to seek grant funding for any enhancements. Design and permitting of any funded enhancements will be considered Additional Services to this contract. 2.10 Survey (Activity 27.0) Design Survey: Design survey will be conducted by the CONSULTANT in accordance with Section 27.0 of this document. Subsurface Utility: The CONSULTANT will provide any subsurface utility excavations that are required for this project. Right of Way Survey: Right -of -way and defining the official county maintained right -of -way will be required for the project. The CONSULTANT will be responsible for the Right -of -Way Survey. 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping (Activity 29.0) Control Survey Map: The CONSULTANT will be responsible for the control survey maps. Right of Way Maps: The CONSULTANT will provide the right -of -way maps and a Technical Memorandum of Right of Way Acquisition Report for this project. 2.13 Geotechnical (Activity 30.0) Pavement Evaluation (including coring, testing, and preparing the report) will be provided as directed in Section 30.0 of this Scope of Services. The CONSULTANT will be responsible for the Pavement Design. The CONSULTANT shall be responsible for any necessary geotechnical activities associated for this project. 2.14 Archaeological Surveys (Not applicable to this project) 2.15 Noise Analysis (Not applicable to this project) 2.16 Intelligent Transportation Systems (Not applicable to this project) 2.17 Project Schedule Within ten (10) days after the Notice -To- Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity /event schedule with actual dates and Scope of service activity /event numbers for COUNTY and CONSULTANT scheduled activities required to meet the current COUNTY Delivery Date. The schedule shall be based upon the durations and schedule negotiated during the project staff hour negotiations process. The CONSULTANT shall allow for a three (3) week review time for each phase review and other submittals as appropriate. The schedule shall indicate, at a minimum, proposed dates for Phase I, II, III, and IV plans and all other appropriate milestones and required submittals. The schedule should summarize the Critical Path Elements so that the more important activities of work are clearly identified. All fees and price proposals are to be based on the negotiated schedule of 18 months for final plans production. However, the contract duration will be 48 months from the Notice to Proceed in order to allow for post design services. 2.18 Submittals The CONSULTANT shall provide hard copies of the required plans and documents as identified in the Scope or made known by the COUNTYs Design Project Manager. The anticipated A -7 Packet Page -1361- 9/13/2011 Item 16.A.11. printing and submittal requirements for the project include the listed items below; however, this list of items may not be all inclusive on project needs. This tabulation will be used for estimating purposes. The COUNTY's Design Project Manager will determine the specific number of phase review submittals and submittal requirements for the project. It is the CONSULTANT'S responsibility to independently and continually QC their plans and other deliverables. The CONSULTANT should regularly communicate with the COUNTY's Design Project Manager to discuss and resolve issues or solicit opinions from those within designated areas of expertise. It is also the responsibility of the CONSULTANT to adhere to all COUNTY and FDOT standards, policies, procedures, guidelines, etc. Constant communication between the COUNTY's Design Project Manager and the CONSULTANT is vital in the overall success of the project. The CONSULTANT will be required to provide written monthly progress reports (preferably electronic via email) documenting actions taken, actions to be taken, status of project schedule, and contacts with the COUNTY or FDOT (the FDOT or COUNTY employee contacted, the issue, and the resolution), and the status of the plans. Following the Notice -to- Proceed, the CONSULTANT will begin the plans production process including making the necessary contacts with the COUNTY and attending field reviews as required by this Scope of Services. PRIOR TO PHASE I SUBMITTAL: Quality Control Plan: The CONSULTANT shall submit their Quality Control Plan that will be used during the design of this project to the COUNTY for reference. As a minimum, the QC plan shall include the details of all plan review processes to be utilized and sufficient file documentation to show that the QC plan has been followed. Alignment Submittals: Centerline /Baseline of Survey alignment submittals shall be submitted to the County's Design Project Manager for approval. The Prime CONSULTANT shall wait for approval from the County's Design Project Manager before utilizing the alignment for Design purposes. Survey Submittals: The Survey Subconsultant shall transmit their submittals to the Prime Consultant. The Survey Subconsultant shall copy the COUNTY's Design Project Manager on all submittal correspondence. These survey submittals are to be made prior to the phase I, II, III, and IV plan submittals or as appropriate based on new information. Miscellaneous Design/ Production Document Submittals: The CONSULTANT shall submit to the COUNTY for review, and receive concurrence for, the Initial Project Schedule, the Typical Section Package, Design Variances and /or Exceptions (if applicable), etc. and other documents as required by the Scope of Services. Phase I: The CONSULTANT shall submit one 1 copy of the Phase Submittal CD /DVD and three 3 hard copies of the submittal components to the COUNTY's Design Project Manager for distribution. The Phase Submittal CD /DVD will include ONLY the submittal components (not the entire project directory and files). The CD /DVD will include all construction plans in one (1) *.PDF file. In addition, *.PDF files of the project Design Documentation and any other submittal document will be included on the Phase Submittal CD /DVD. The CONSULTANT must have the QC marked -up plans available for the COUNTY's review upon request. The CONSULTANT shall submit three (3) hard copies of the Bridge Development Report and three (3) hard copies of the Bridge Hydraulic Report for review. Electronic copies of these documents should be included on the Phase Submittal CD /DVD. Phase II: A -8 Packet Page -1362- 9/13/2011 Item 16.A.11. Prior to the Phase II submittal, the Prime CONSULTANT shall provide the Survey SUBCONSULTANT with the plans and allow time for a review to check the survey/ construction layout, alignments, control information, curve data, layout information, etc. The CONSULTANT shall submit one (1) copy of the Phase Submittal CD /DVD and five (5) hard copies of the submittal components to the COUNTY's Design Project Manager for distribution. The Phase Submittal CD /DVD will include ONLY the submittal components (not the entire project directory and files). The CD /DVD will include all construction plans components (roadway, signing & pavement marking, signalization, etc.) combined into one (1) *.PDF file. In addition, *.PDF files of the project Design Documentation, and any other submittal document will be included on the Phase Submittal CD /DVD. The CONSULTANT must have the QC marked -up plans available for the COUNTY's review upon request. The CONSULTANT shall submit plans to each of the affected local government(s) designated contact for a two week review. See Section 3.1 of this document for details regarding Local Government Involvement. The CONSULTANT shall submit a hard copy of the Plans for a Constructability Phase Review. If the need for a Technical Special Provisions has been identified at this phase, the CONSULTANT shall submit one (1) hard copy for COUNTY's review. An electronic copy of this document should be included on the Phase Submittal CD /DVD. The CONSULTANT shall submit one (1) hard copy of a completed Design Plans Phase Review coversheet (PPM Vol. 1, exhibit 24 -B) along with a hard copy set of the comments and responses from the previous phase submittal for concurrence by the County's Project Manager. The CONSULTANT shall submit three (3) hard copies of the approved Bridge Development Report and three (3) hard copies of the approved Bridge Hydraulics Report. Electronic copies of these documents should be included on the Phase Submittal CD /DVD. Phase III: The CONSULTANT shall submit one (1) copy of the Phase Submittal CD /DVD, five (5) hard copies of the plans, three (3) hard copies of the Computation Book and two (2) hard copies of the Design Documentation Book to the COUNTY's Design Project Manager for distribution. The Phase Submittal CD /DVD will include ONLY the submittal components (not the entire project directory and files). The CD /DVD will include all construction plan components (roadway, structures, signing & pavement marking, signalization, etc.) combined into one (1) *.PDF file. In addition, *.PDF files of the project Computation Book, Design Documentation Book, CONSULTANT Cost Estimate, and any other submittal document will be included on the Phase Submittal CD /DVD. The CONSULTANT must have the QC marked -up plans available for the COUNTY's review upon request. In addition, a hard copy of the CONSULTANT's construction contract time estimate shall be submitted to the COUNTY's Design Project Manager (including utility schedules and a dependent time memo) for the COUNTY's review of the project contract time. On a Lump Sum project where a comp book is not prepared, the CONSULTANT shall submit an estimate of pay items and quantities. The CONSULTANT shall submit one (1) hard copy of a completed Design Plans Phase Review coversheet (PPM Vol. 1, exhibit 24 -B) along with a hard copy set of the comments and responses from the previous phase submittal for concurrence by the County's Project Manager. The CONSULTANT shall also submit a hard copy of any Technical Special Provisions and /or incentive /disincentive cost analysis as required by the Specification package. Electronic copies of these documents should be included on the Phase Submittal CD /DVD. A -9 Packet Page -1363- 9/13/2011 Item 16.A.11. Phase IV: The CONSULTANT shall submit one (1) copy of the Phase Submittal CD /DVD, five (5) hard copies of the plans, three (3) hard copies of the Computation Book and one (1) hard copy of the Design Documentation Book to the COUNTY's Design Project Manager for distribution. The Phase Submittal CD /DVD will include all plan set components (roadway, structures, signing & pavement marking, signalization, etc.) combined into one (1) *.PDF file. In addition, *.PDF files of the project Computation Book, Design Documentation Book, CONSULTANT Cost Estimate, and any other submittal document will be included on the Phase Submittal CD /DVD. The CONSULTANT must have the QC marked -up plans available for the COUNTY's review upon request. The CONSULTANT shall submit plans to each of the affected local government(s) designated contact for a two week review. See Section 3.1 of this document for details regarding Local Government Involvement. The CONSULTANT shall submit one (1) hard copy of a completed Design Plans Phase Review coversheet (PPM Vol. 1, exhibit 24 -B) along with a hard copy set of the comments and responses from the previous phase submittal for concurrence by the District Project Management Engineer. The CONSULTANT shall submit three (3) hard copies of the Geotechnical Reports (if prepared by the CONSULTANT). An electronic copy should be included on the Phase Submittal CD /DVD. The CONSULTANT shall submit two (2) signed and sealed load ratings. Electronic copies should be included on the Phase Submittal CD /DVD. 2.19 Final Submittal: The Final Submittal will occur immediately upon addressing Phase IV comments. If changes are made to the plans after the Phase IV review that affect the pay items or quantities, the CONSULTANT must submit revised copies of the affected plan sheets and pay items and quantity sheets. The CONSULTANT shall submit the following to the Design Project Manager • Two (2) Electronic Delivery CD /DVDs, labeled accordingly • Two (2) hard copies of Final Submittal Package (signed by the EOR) 2.20 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 A -10 Packet Page -1364- 9/13/2011 Item 16.A.11. 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 Project Traffic Forecasting Guidelines Florida Department of Transportation Basis of Estimates Manual Quality Assurance Guidelines Safety Standards Rule 61G17-6, F.A.C., 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 COUNTY 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, F.A.C. — 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) Permits Chapter 373, F.S. Bridge Permit Application Guide, COMDT PUB PI 6591.3B Building Permit A -11 Packet Page -1365- 9/13/2011 Item 16.A.11. Drainage Drainage Manual �. Drainage Handbooks Storm Drain Optional Pipe Materials Stormwater Management Facility Cross Drain Erosion and Sediment Control Hydrology Temporary Drainage Handbook 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 Mapping Right -of -Way Mapping A -12 Packet Page -1366- 9/13/2011 Item 16.A.11. Florida Department of Transportation Right -of -Way Handbook Florida Department of Transportation Right -of -Way Manual Structures AASHTO Standard Specifications for Highway Bridges and Interims (for curved steel bridges and pedestrian bridges only) AASHTO LRFD Bridge Specifications and Interims AASHTO LRFD Movable Highway Bridge Design Specifications and Interims AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals, dated 1994 AASHTO LRFD Guide Specifications for Steel Curved Girder Bridges AASHTO Guide Specifications for Horizontally Curved Highway Bridges AASHTO /- AWS -D1. 5M/D1.5: An American National Standard Bridge Welding Code AASHTO Guide Specifications for Design of Pedestrian Bridges 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 Structures Standard and Semi- Standard Drawings Florida Department of Transportation Structures Design Office Temporary Design Bulletins (available on Florida Department of Transportation Structures web site only) 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 Architectural Building Codes Florida Building Code Accessibility for Persons with Disabilities Florida Accessibility Code for Building Construction Chapter 13D -1, FAC Section 255.21 and Chapter 553, Part V, F.S. ANSI A117.1 - 1986 A -13 Packet Page -1367- 9/13/2011 Item 16.A.11. Titles II and III, Americans With Disabilities Act (ADA), Public Law 101 -336; and the ADA Accessibility Guidelines (ADAAG) Fire Codes and Rules NFPA 70 -1990 National Electrical Code NFPA 101 -1997 Life Safety Code NFPA 10 -1998 Standard for Portable Fire Extinguishers NFPA 11 -1999 Standard for Low - Expansion Foam Systems NFPA 11A -1998 Standard for High- and Medium- Expansion Foam Systems NFPA 12 -1998 Standard for Carbon Dioxide Extinguishing Systems NFPA 13 -1996 Installation of Sprinkler Systems NFPA 30 -1996 Flammable and Combustible Liquids Code NFPA 54 -1996 National Gas Fuel Code NFPA 58 -1998 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 Rule 13D -10, FAC, Rules for Construction and Leases of State -Owned Buildings to Ensure Energy Conservation Section 255.251, F.S., Florida Energy Conservation Act of 1974 Section 255.255, F.S., Life -Cycle Costs Glass Chapter 553, F.S., Part III, Glass Elevators Chapter 7C -5, Florida Elevator Code Chapter 399, F.S., Elevators Flood Plain Management Criteria Section 255.25, F.S., Approval Required Prior to Construction or Lease of Buildings Rules of the Federal Emergency Management Agency (FEMA) Extinguishing Systems NFPA 10 Fire Extinguishers NFPA 13 Sprinklers NFPA 14 Standpipe and Hose System NFPA 17 Dry Chemical NFPA 20 Centrifugal Fire Pump NFPA 24 Private Fire Service Mains NFPA 200 Standards on Clean Agent Fire Extinguishing Systems A-14 Packet Page -1368- 9/13/2011 Item 16.A.11. Detection and Fire Alarm Systems NFPA 70 Electrical Codes NFPA 72 Standards for the Installation, Maintenance and Use of Local Protective Signaling Systems NFPA 72E Automatic Fire Detectors NFPA 72H Testing Procedures for Remote Station and Proprietary Systems NFPA 72G Installations, Maintenance, and Use of Notification Appliances NFPA 74 Household Fire Warning Equipment NFPA 75 Protection of Electronic Computer Equipment Mechanical Systems NFPA 90A Air Conditioning and Ventilating Systems NFPA 92A Smoke Control Systems NFPA 96 Removal of Smoke and Grease -Laden Vapors from Commercial Cooking Equipment NFPA 204M Smoke and Heating Venting Miscellaneous Systems NFPA 45 Laboratories Using Chemicals NFPA 80 Fire Doors and Windows NFPA 88A Parking Structures NFPA 105 Smoke and Draft - Control Door Assemblies NFPA 110 Emergency and Standby Power Systems NFPA 220 Types of Building Construction NFPA 241 Safeguard Construction, Alteration, and Operations SFM F.A.C. 4A-47 Elevators SFM 4A -51 Boilers Other Chapter 10D -6 FAC On Site Sewage Disposal Systems (Septic Tanks) Chapter 17 -6.070 FAC Wastewater Facilities (Treatment Plants) Chapter 17 -761 FAC Underground Storage Tank Rules 2.21 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. American Concrete Institute American Institute of Architects - Architect's Handbook of Professional Practice 110-1*1 American Society for Testing and Materials - ASTM Standards A -15 Packet Page -1369- 9/13/2011 Item 16.A.11. Southern 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 Florida Building Code 2.22 Services to be performed by the COUNTY: When appropriate, the COUNTY will provide those services and materials as set forth below. 1. Provide general guidelines of the COUNTY to be used in the fulfillment of this contract. 2. Provide the appropriate signatures on application forms. 3. Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY. 4. Provide all fees associated with permit submittals. 5. Provide reviews of project plans during the various stages of plan development within schedule. 6. Provide all available future information pertinent to the Project that may come to the COUNTY during the term of the CONSULTANT'S Agreement. 7. Provide Project data currently on file. 8. Provide COUNTY standards - LDC, specifications and review services. These can be obtained on line at http: // library. municode .com /index.aspx ?clientlD= 13992 &stateID= 9 &statename= Florida 9. Provide all available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. A -16 Packet Page -1370- 9/13/2011 Item 16.A.11. 10. Provide rights of entry authorization for COUNTY properties within the project limits. 11. Provide completed front -end construction document sections required for bidding and construction, where different than OWNER documents. 12. Right of Way and /or easement acquisition services including, but not limited to: property appraisal, negotiations, legal services, document filing and all associated fees. 13. JPA for Water and Sewer Line relocations. 3 PROJECT COMMON and GENERAL TASKS Project General Tasks are applicable to the project as a whole and are described in Sections 3.1 through 3.6 of this Scope of Services. Project Common Tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 34. These tasks are to be included in the project scope in each applicable activity when the described work is to be performed by the CONSULTANT. Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate when scope changes occur and /or at milestones of the project. At the Phase I through Phase IV plan submittals. 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 OWNER 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. Technical Special Provisions will be developed using Microsoft Word (.doc). Furnishing electronic copy in a format other than Microsoft Word or Adobe Acrobat (.pdf) 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 Meetings: Includes meetings with the COUNTY and /or other Agency staff, between disciplines and sub - 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. Detailed checking of the CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. 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 and that the CONSULTANT submittals are complete. The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verify, independently check, and review all maps, design drawings, specifications, and A -17 Packet Page -1371- 9/13/2011 Item 16.A.11. other documentation prepared as part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan shall be one specifically designed for the project The CONSULTANT shall submit a quality control plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, geotechnical, signing and marking, survey, etc.) and a written resolution of comments on a point -by -point basis will be required, if requested by the County's Design Project Manager. 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 Review: COUNTY will provide for an Independent Peer Review by outside consultant. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. 3.1 Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be kept informed about the project. Up to two (2) Public Informational Meetings will be held on this project, one at the end of the 60% design phase 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 involvement. This work is included in the Scope of Services. Meeting locations are to be provided by the COUNTY. The purpose of the Public Meetings is to present to the public the results of the detailed design for the project and receive comments on the proposed design. The CONSULTANT shall prepare and /or provide: The CONSULTANT shall be responsible for the following: • Prepare ALL graphics and displays as directed by the COUNTY's Design Project Manager, including all necessary displays, maps, handouts, newsletters, media releases, public announcements etc. • Prepare the legal advertisement and included graphics • Attend all Public Information Planning meetings (2 anticipated). The planning meetings shall be held six weeks prior to the date set for the Public Information Meeting (PIM) and all displays and graphics are to be submitted to the County at least three (3) weeks in advance of the PIM date for the review and comment. • Animated video presentations would be considered additional services. • Meeting equipment set -up and teardown. A -1 s Packet Page -1372- 9/13/2011 Item 16.A.11. The COUNTY shall be responsible for the following: • Script or agenda for the presentation. (Not anticipated for this task) • Legal and /or display advertisements. The COUNTY will pay the cost of publishing and placement of the advertisement. • Draft letters for notification of elected and appointed officials. • Two Press /News releases, for notification purposes. One ten (10) days prior to the meeting and one the day before the meeting. • Any press release or advertisement will indicate that the meeting format will be informal allowing the public to come and go. 3.2 Joint Project Agreements The COUNTY shall facilitate for CONSULTANT to design and permit the relocation of the Everglades City Water and Sewer facilities as required by this project. 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 (.pdf) will be considered Additional Services. The specification package shall be based on the current 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, 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 Phase III plan review submission to the COUNTY. All comments will be returned to the CONSULTANT for correction and resolution. 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 by the COUNTY. 3.4 Contract Maintenance A -19 Packet Page -1373- 9/13/2011 Item 16.A.11. Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute SUB - CONSULTANT agreements, etc. 3.5 Value Engineering (Multi-Discipline Team ) Review ( Not a pp licable to this project) 3.6 Prime Consultant Project Manager Meetings Includes only the 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. 3.7 Coordination Meetings Prior to printing of the review plans at each of the 30 %, 60% and 90% design stages, an advanced discussion of the project may take place at a Coordination Meeting. The CONSULTANT will provide COUNTY with review "progress" copies of the plans drawings (if requested by the COUNTY) in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The CONSULTANT will present the project to COUNTY Staff and a discussion will take place on what are understood to be the key issues. The goal of the meetings are to provide a common understanding of the project; insritute change, if needed; and to provide a coordinated effort at the public presentations. 3.8 Post Design Services CONSULTANT shall provide post design services as described in 2.1 and as requested by COUNTY. Fees will be paid on a time and material basis at the hourly rates established under this contract. 3.9 Electronic Delivery (not applicable to this project) 3.10 Other Project General Tasks (not applicable to this project) 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 The CONSULTANT shall provide a Typical Section Package to be submitted to the COUNTY for review and concurrence prior to the Phase I plans submittal date. The COUNTY shall approve the Typical Section Package prior to CONSULTANT proceeding with the 60% design. 4.2 Pavement Design Package The CONSULTANT shall provide a Pavement Design Package which The COUNTY shall approve prior to proceeding with the 60% design. 4.3 Access Management (Not applicable to this project) 4.4 Horizontal/Vertical 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, 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 A -20 Packet Page -1374- 9/13/2011 Item 16.A.11. 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 to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing, 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 and will be noted in the Contract Documents. The design shall include construction phasing of roadways to accommodate the construction or relocation of utilities. The CONSULTANT shall investigate the need for a temporary bridge, and the use of materials such as sheet piling in the analysis. The Conceptual Traffic Control Plan shall be prepared by CONSULTANT and approved by COUNTY. 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. 4.8 Design Variations and Exceptions. The CONSULTANT will be required to prepare Design Variations as required for design of the project. 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 hydraulics report, and a soils report. 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 with the 30% submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 4.12 Technical Special Provisions 4.13 Other Roadway Analysis (Not applicable to this project) 4.14 Field Reviews 4.15 Technical Meetings 4.16 Quality Assurance /Quality Control A -2l Packet Page -1375- 9/13/2011 Item 16.A.11. 4.17 Independent Peer Review 4.18 Supervision 4.19 Coordination 5 ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 5.1 Key Sheets 5.2 Summary of Pay Items Sheets (Including Quantity Input) 5.3 Drainage Map Sheets (Not applicable to this project) 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes /Pay Item Notes Sheets 5.7 Summary of Quantities Sheets 5.8 Box Culvert Data Sheets (Not applicable to this project) 5.9 Bridge Hydraulics Recommendation Sheets 5.10 Summary of Drainage Structures Sheets 5.11 Optional Pipe /Culvert Material Sheet 5.12 Project Layout Sheets (Not applicable to this project) 5.13 Plan /Profile Sheets 5.14 Profile Sheet (Not applicable to this project) 5.15 Plan Sheets 5.16 Special Profile Sheets 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) ^ 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details Sheets (Not applicable to this project) 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheets (Per Structure) 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan /Profile Sheets (Not applicable to this project) 5.25 Lateral Ditch Cross Sections Sheets (Not applicable to this project) 5.26 Retention /Detention Ponds Detail Sheets (Not applicable to this project) 5.27 Retention/Detention Ponds Cross Sections Sheets (Not applicable to this project) 5.28 Cross - Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheets 5.30 Cross Sections Sheets 5.31 Conceptual Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing Sheets (Not applicable to this project) 5.36 Erosion Control Plan Sheets 5.37 SWPPP Sheets 5.38 Project Control Network Sheet (Not applicable to this project) 5.39 Interim Standards Sheets 5.40 Utility Verification Sheet (SUE Data) Sheets 5.41 Quality Assurance /Quality Control 5.42 Supervision A -22 Packet Page -1376- 9/13/2011 Item 16.A.11 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 be responsible for designing a drainage and stormwater management system. All design work shall comply with the requirements of the appropriate regulatory agencies and the FDOT Drainage Manual. The CONSULTANT has the responsibility for determining the need, appropriate locations, and sizes for water management facilities, and drainage outfalls. In the areas of poor drainage, significant addition of impervious surface, or inadequacy of sufficient downstream conveyance, the CONSULTANT shall address the requirements of Ch. 14 -86 F.A.C. Alternate detention facilities shall be conceptually designed, costed and presented to the COUNTY for consideration. Detention facilities to be considered include open basins, underground pipes or vaults, and french drains. The COUNTY will decide on the Alternate to be used. The CONSULTANT must coordinate fully with the appropriate permitting agencies and the COUNTY's staff. The CONSULTANT work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. 6.2 Pond Siting Analysis and Report (Not applicable to this project) ''� 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains to be replaced. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Dry Detention Areas 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 (Not applicable to this project) 6.6 Design of Stormwater Management Facility (Offsite Pond) (Not applicable to this project) 6.7 Design of Stormwater Management Facility (Roadside Ditches as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) 6.9 Design of Storm Drains (Not applicable to this project) 6.10 Optional Culvert Material 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) 6.13 Drainage Design Documentation Report A -23 Packet Page -1377- 9/13/2011 Item 16.A.11. Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Bridge Hydraulics Report. 6.14 Bridge Hydraulic Report Calculate hydrology, hydraulics, storm surge, scour, and deck drainage. Prepare report and the information for the Bridge Hydraulics Recommendation Sheet. 6.15 Temporary Drainage Analysis 6.16 Cost Estimate 6.17 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. 6.18 Other Drainage Analysis (Not applicable this project) 6.19 Field Reviews 6.20 Technical Meetings 6.21 Quality Assurance /Quality Control 6.22 Independent Peer Review (Not applicable to this project) 6.23 Supervision 6.24 Coordination 7 UTILITIES The CONSULTANT shall identify existing /proposed utility facilities, obtain plans and information from the Utility Agency Owners (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 roadway improvement construction project. 7.1 Kickoff Meeting Prior to any contact with the UAO(s), the CONSULTANT shall meet with the COUNTY and the Collier County Utility Department to receive guidance, as may be required, to assure that all 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) The CONSULTANT will identify all utilities in the corridor during the survey phase by calling Sunshine One -Call of Florida (SSOCOF) and shall coordinate with each company to verify that all existing utilities are designated in the field prior to completing the topographic survey. As -built documentation shall be requested from each UAO for verification of complete designation, and a review will be made to ensure that field designation data is included on the Phase I plans. Proper identification of design coordination contact information shall be made during this activity. 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. A -24 Packet Page -1378- 9/13/2011 Item 16.A.11. 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 LIAO having facilities located within the project limits, and one (1) set each to the COUNTY /OWNER Offices. 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), 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, Analyze); ensure information (utility type, material and size) is sent to the designer for inclusion in the plans; and coordinate programming of funds. 7.8 Subordination Qf Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting At a minimum of three (3) weeks prior to the meeting, the CONSULTANT shall transmit two (2) complete sets of the 60% plans to each LIAO having facilities located within the project limits, and one set to the COUNTY Offices. The CONSULTANT shall schedule (time and place), 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 proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each LIAO. 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 A-25 Packet Page -1379- 9/13/2011 Item 16.A.11. 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 /OWNER that they have the following knowledge, skills, and expertise: A minimum of 4 years of experience performing utility coordination in accordance with FDOT, FHWA, and ASHTO standards, policies, and procedures. A thorough knowledge of the FDOT plans production process and District utility coordination practices. A thorough knowledge of OWNER agreements, standards, policies, and procedures. The Utility Coordination Manager shall be responsible for, but not limited to, the following: Making sure Utility Coordination and design is conducted in accordance to the FDOT, FHWA, and ASHTO standards, policies, procedures, and design criteria. Assisting the engineer of record in identifying all existing utilities and coordinating any new installations. n 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. Distributing all plans, conflict matrixes and changes to affected utility owners and making sure this information is properly coordinated. Identifying and coordinating the completion of any COUNTY or utility owner agreement that is required for reimbursement, or accommodation of the utility facilities associated with the project. Assisting the Engineer of Record with resolving utility conflicts. Review and notify the COUNTY that all Utility Work Schedules are correct and in accordance with the FDOT's standards, policies, and procedures. Prepare, review and process all utility related reimbursable issues inclusive of betterment and salvage determination. The CONSULTANT'S utility coordination work shall be performed 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 COUNTY. 7.13 Additional Utility Services A -26 Packet Page -1380- 9/13/2011 Item 16.A.11. 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 This includes hours for transmitting utility files to the COUNTY /Collier County Utility Department 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. 7.17 Other Utilities The CONSULTANT shall design and prepare permit applications for relocation of the Everglades City Water line attached to the existing bridge. In addition, CONSULTANT will design and permit relocation of the Everglades City subaqueous Sewer force main(s) located adjacent to the existing bridge, if directed by COUNTY. Fees for services related to the sewer line(s) will be considered additional services. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY's Design Project Manager, 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's Design Project Manager on all permit related correspondence 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's Design Project Manager. 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. A -27 Packet Page -1381- It is the intent of the COUNT Y goal, the, COUNTY requires agency permit requirements: 9/13/2011 Item 16.A.11. to "preserve the quality of our environment." In keeping with this that the Consultant Designers meet the following environmental In general, MECHANICAL clearing and grubbing (construction activities) or VEHICULAR intrusion in jurisdictional wetlands requires a Dredge and Fill permit from the State and Federal permitting agencies for permanent or temporary impacts to wetlands. It is the COUNTY's intent to document impacts within the Limits of Construction (LOC) plus a "buffer zone" of 5 feet outside each LOC line. If the right of way line is within 5 feet of the LOC, then the impact is to the right of way line. The CONSULTANT is responsible for identifying if the footprint for construction of the project, as well as wetland impacts, can fit within the right of way. The CONSULTANT is to stake or flag the State and Federal jurisdictional lines. A registered surveyor will be required to survey these jurisdictional lines. The consultant must remove all stakes or flags after the environmental permits are approved. The contractor is to be provided, in the plans, survey points to delineate or flag the wetlands that are NOT TO BE IMPACTED. It is the contractor's responsibility to flag or stake these areas prior to construction beginning and maintain them throughout construction. The CONSULTANT will identify this responsibility of the contractor clearly in the plans. The plans shall clearly show the jurisdictional lines(s). The jurisdictional areas that are impacted shall be clearly designated and noted "Construction activities allowed." Jurisdictional areas that are not to be impacted and are to remain undisturbed throughout construction should be clearly designated and noted "Construction activities not allowed." The CONSULTANT shall include a section in the roadway component set of plans to reflect the items above. This section shall also include a Tabulation Sheet or Block defining the /O�N undisturbed wetlands by x, y coordinates or station and offsets. The disturbed wetlands shall also be tabulated in square feet (or acres) indicating the area impacted. This section shall include any general or project specific environmental notes. In areas where no wetland impacts are anticipated, the plans will clearly show the "Safe Upland Line " * *. Areas outside this line shall be labeled or noted "Construction Activities Not Allowed ". * *According to the US Army Corps of Engineers, a Safe Upland is any area that does not qualify as a wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, and /or hydrologic characteristics associated with wetlands. The Consultant/Designer shall locate this line in a manner that allows the Contractor to reproduce this line in the field — station and offset, or state plan coordinates. 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 and the County's design Project Manager will have a Pre- Application meeting with the permitting agencies for the project before preparing a 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 project. . A -28 Packet Page -1382- 9/13/2011 Item 16.A.11. 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. 8.7 Prepare USCG Permit Sketches per Agency Criteria The CONSULTANT shall prepare USCG Permit Sketches to meet the permitting agency criteria. 8.8 The CONSULTANT shall prepare Easement Sketches to meet the permitting agency criteria. 8.9 The CONSULTANT shall prepare Right -of -Way Occupancy Sketches. 8.10 , Prepare Coastal Construction Control Line (CCCL) Permit Sketches per Agency Criteria 8.11 Temporary clearing permit (To be supplied by COUNTY) 8.12 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with the COUNTY's Design Project Manager 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 If wetland impacts cannot be avoided, the CONSULTANT shall prepare a mitigation plan to be included as a part of the Environmental Resource or Wetlands Resource Permit applications. This scope of work and fee assumes mitigation banking. Any mitigation design will be considered additional services. Prior to the development of alternatives, the CONSULTANT shall meet with the COUNTY to determine the COUNTY's policies in proposing mitigation. The CONSULTANT shall proceed in the development of a mitigation plan based upon the general guidelines provided by the COUNTY. The CONSULTANT will be directed by the COUNTY to investigate the following methods of mitigation: Payment by COUNTY to DEP/WMD per acre of wetlands impacted as defined in CH 373.4137 FS. Monetary participation (paid by COUNTY) in offsite regional mitigation plans. Monetary participation (paid by COUNTY) in a private mitigation bank. 8.14 Environmental Clearances The CONSULTANT shall provide engineering support for the COUNTY to obtain clearances for all changes to the project after the construction is completed. These changes include but are not limited to project site, mitigation sites identified, land use or environmental changes, and significant design changes. 8.15 Technical Meetings At the Pre - construction Conference, the FOR must be prepared to discuss the Erosion Control Plan, including environmentally sensitive areas, and known risk, proposed avoidance measures, and the special requirements listed in the permit for this project. Payment for attending the Pre - construction Conference will be made through Post Design Services n 8.16 Quality Assurance /Quality Control 8.17 Supervision A -29 Packet Page -1383- 9/13/2011 Item 16.A.11. 8.18 Coordination 9 STRUCTURES-SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS The CONSULTANT shall analyze and design all structures in accordance with applicable provisions as defined in Section 2.20, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8 -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 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. 9.1 Index of Drawings 9.2 Project Layout (Not applicable for this project) 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans (if available) 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews n 9.11 Technical Meetings 9.12 Quality Assurance /Quality Control 9.13 Independent Peer Review 9.14 Supervision 9.15 Coordination 10 STRUCTURES- BRIDGE DEVELOPMENT REPORT The Consultant shall prepare a Bridge Development Report (BDR). The BDR shall be submitted as part of the Phase I Submittal, General Requirements. General Requirements: 10.1 Bridge Geometry 10.2 Ship Impact Data Collection (Not applicable for this project) 10.3 Ship Impact Criteria (Not applicable for this project) Superstructure Alternatives: 10.4 Short-Span Concrete 10.5 Medium -Span Concrete 10.6 Long Span Concrete (Not applicable for this project) 10.7 Structural Steel (Not applicable for this project) Foundation and Substructure Alternatives: 10.8 Pier /Bent Types 10.9 Shallow Foundations (Not applicable for this project) 10.10 Deep Foundations Movable Span and Tasks 10.11 - 10.23 are not applicable for this project. Other BDR Issues: A -30 Packet Page -1384- 9/13/2011 Item 16.A.11. 10.24 Aesthetics (Not applicable for this project) 10.25 TCP /Staged Construction Requirements 10.26 Constructability Requirements 10.27 Abutment Slope/Wall Evaluation 10.28 Quantity and Cost Estimates 10.29 Quantity and Cost Estimates - Movable Span (Not applicable for this project) 10.30 Wall Type Justification Report Preparation: 10.31 Exhibits 10.32 Exhibits - Movable Span (Not applicable for this project) 10.33 Report Preparation 10.34 Report Preparation - Movable Span (Not applicable for this project) 10.35 BDR Submittal Package Preliminary Plans and tasks 10.36 -10.48 are not applicable for this project. 11 STRUCTURES - TEMPORARY BRIDGE The CONSULTANT shall prepare plans for Temporary Bridge(s) at the location(s) specified in Section 2.5. The CONSULTANT shall contact FDOT Maintenance Central Office to determine the type and availability of temporary bridge components before deciding on the temporary bridge type to be used. General Layout Design and Plans 11.1 Overall Bridge Final Geometry 11.2 General Plan and Elevation 11.3 Miscellaneous Details End Bent Design and Plans 11.4 End Bent Structural Design 11.5 End Bent Details Intermediate End Bent Design and Plans 11.6 Intermediate Bent Structural Design 11.7 Intermediate Bent Details Miscellaneous Substructure Design and Plans 11.8 Foundation Layout 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE The CONSULTANT shall prepare plans for Short Span Concrete Bridge(s) at the location(s) specified in Section 2.5. General Layout Design and Plans 12.1 Overall Bridge Final Geometry 12.2 Expansion /Contraction Analysis 12.3 General Plan and Elevation 12.4 Construction Staging 12.5 Approach Slab Plan and Details 12.6 Miscellaneous Details End Bent Design and Plans 12.7 End Bent Geometry 12.8 End Bent Structural Design 12.9 End Bent Plan and Elevation 12.10 End Bent Details Intermediate _End Bent Design and Plans 12.11 Bent Geometry A -3l Packet Page -1385- 9/13/2011 Item 16.A.11. 12.12 Bent Stability Analysis 12.13 Bent Structural Design 12.14 Bent Plan and Elevation 10"1 12.15 Bent Details Miscellaneous Substructure Desiqn and Plans 12.16 Foundation Layout Superstructure Design and Plans 12.17 Finish Grade Elevation Calculation 12.18 Finish Grade Elevations Cast -In -Place Slab Bridges 12.19 Bridge Deck Design 12.20 Superstructure Plan 12.21 Superstructure Sections and Details Prestressed Slab Unit Bridges 12.22 Prestressed Slab Unit Design 12.23 Prestressed Slab Unit Layout 12.24 Prestressed Slab Unit Details and Schedule 12.25 Deck Topping Reinforcing Layout 12.26 Superstructure Sections and Details Reinforcinq Bar Lists 12.27 Preparation of Reinforcing Bar List Load Rating 12.28 Load Ratings 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE The CONSULTANT shall prepare plans for Medium Span Concrete Bridge(s) at the location(s) specified in Section 2.5. General Layout Design and Plans: 13.1 Overall Bridge Final Geometry . 13.2 Expansion /Contraction Analysis 13.3 General Plan and Elevation 13.4 Construction Staging 13.5 Approach Slab Plan and Details 13.6 Miscellaneous Details End Bent Design and Plans: 13.7 End Bent Geometry 13.8 Wingwall Design and Geometry 13.9 End Bent Structural Design 13.10 End Bent Plan and Elevation 13.11 End Bent Details Intermediate End Bent Design and Plans: 13.12 Bent Geometry 13.13 Bent Stability Analysis 13.14 Bent Structural Design 13.15 Bent Plan and Elevation 13.16 Bent Details Pier Design and Plans and Tasks 13.17 - 13.21 are not applicable for this project. Miscellaneous Substructure Design and Plans: 13.22 Foundation Layout 13.23 Fender System (Not applicable for this project) A -32 Packet Page -1386- 9/13/2011 Item 16.A.11. Superstructure Deck Design and Plans: 13.24 Finish Grade Elevation (FGE) Calculation 13.25 Finish Grade Elevations 13.26 Bridge Deck Design 13.27 Bridge Deck Reinforcing and Concrete Quantities 13.28 Diaphragm Design /Jacking Loads 13.29 Superstructure Plan 13.30 Superstructure Section 13.31 Miscellaneous Superstructure Details Reinforcing Bar Lists: Reinforcing Bar List Continuous Concrete Girder Design and Tasks 13.33 - 13.48 are not applicable for this project. Simple Span Concrete Design: 13.49 Pre - stressed Beam 13.50 Pre - stressed Beam Schedules 13.51 Framing Plan Load Rating: 13.53 Load Ratings 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and tasks 14.1 - 14.60 are not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and Tasks 15.1 - 15.77 are not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and tasks 16.1 - 16.102 are not applicable for this ^ project. 17 STRUCTURES - RETAINING WALL The CONSULTANT shall prepare plans for Retaining Wall(s) as specified in Section 2.5. General Requirements 17.1 Key Sheets 17.2 Horizontal Wall Geometry Permanent Proprietary Walls 17.3 Vertical Wall Geometry 17.4 Semi - Standard Drawings 17.5 Wall Plan and Elevations (Control Drawings) 17.6 Details Temporary Proprietary Walls 17.7 Vertical Wall Geometry 17.8 Semi - Standard Drawings 17.9 Wall Plan and Elevations (Control Drawings) 17.10 Details Cast -In -Place Retaining Walls 17.11 Design 17.12 Vertical Wall Geometry A -33 Packet Page -1387- 9/13/2011 Item 16.A.11. 17.13 General Notes 17.14 Wall Plan and Elevations (Control Drawings) 17.15 Sections and Details 17.16 Reinforcing Bar List Other Retaining Walls and Bulkheads 17.17 Design 17.18 Vertical Wall Geometry 17.19 General Notes, Tables and Miscellaneous Details 17.20 Wall Plan and Elevations 17.21 Details 18 STRUCTURES — MISCELLANEOUS and tasks 18.1 — 18.22 are 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 Consultant shall perform a speed study to establish an appropriate design speed for the project. 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary n 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 (Not applicable for this project) 19.7 Quantities Includes all work required to determine the quantities of each plan sheet. 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions 19.11 Other Signing and Pavement Marking (Not applicable for this project) 19.12 Field Reviews 19.13 Technical Meetings 19.14 Quality Assurance /Quality Control 19.15 Independent Peer Review (Not applicable to this task) 19.16 Supervision 19.17 Coordination A -34 Packet Page -1388- 9/13/2011 Item 16.A.11. 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare and incorporate a set of Signing and Pavement Marking Plans within the Roadway Plan Set in accordance with the Plans Preparation Manual that includes the following. 20.1 Key Sheet (Not applicable for this project) 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 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) (Not applicable for this project) 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 (Not applicable for this project) 20.14 Quality Assurance /Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS and Tasks 21.1 - 21.19 are not applicable for this project. 22 SIGNALIZATION PLANS and Tasks 22.1 - 22.18 are not applicable for this project. 23 LIGHTING ANALYSIS The CONSULTANT shall analyze and document Lighting Tasks for navigational lighting only 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 (Not applicable for this project) 23.3 Aeronautical Evaluation (Not applicable for this project) 23.4 Voltage Drop Calculations 23.5 FDEP Coordination and Report (Not applicable for this project) 23.6 Reference and Master Design Files 23.7 Temporary Lighting (Not applicable for this project) 23.8 Design Documentation (Not applicable for this project) .23.9 Quantities 23.10 Cost Estimate 23.11 Technical Special Provisions 23.12 Other Lighting Analysis 23.13 Field Reviews 23.14 Technical Meetings 23.15 Quality Assurance /Quality Control 23.16 Independent Peer Review (Not applicable for this task) 23.17 Supervision 23.18 Coordination ^, A-35 Packet Page -1389- 9/13/2011 Item 16.A.11. 24 LIGHTING PLANS The CONSULTANT shall prepare a set of Plans for navigational lighting only in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet (Not applicable for this project) 24.2 Summary of Pay Item Sheet Including CES Input (Not applicable for this project) 24.3 Tabulation of Quantities (Not applicable for this project) 24.4 General Notes /Pay Item Notes 24.5 Pole Data and Legend & Criteria 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 The CONSULTANT shall analyze and document Landscape Architecture Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 25.1 Data Collection All research required to collect data necessary to complete the initial design analysis. Includes identifying local ordinances, solicitation and documentation of COUNTY goals, and collection of other project data. 25.2 Site Inventory and Analysis Includes identification of opportunities and constraints for the proposed project based on existing site conditions. Summary of analysis, if required, is included in conceptual design. 25.3 Planting Design (Not applicable for this project) 25.4 Irrigation Design (Not applicable for this project) 25.5 Hardscape Design Conceptual design - scheme development and preliminary costs: Preliminary delineation of areas and elements to be included in Master Plan, including, kiosks, parking, sidewalks, fishing areas, etc. Final Design: Site Plan of future recreational improvements and identification of likely service requirements. 25.6 Computation Book and Quantities (Not applicable for this project) 25.7 Conceptual Cost Estimates 25.8 Technical Special Provisions (Not applicable for this project) 25.9 Other Landscape Architecture (Not applicable for this project) 25.10 Outdoor Advertising (Not applicable for this project) 25.11 Field Reviews 25.12 Technical Meetings 25.13 Quality Assurance /Quality Control 25.14 Independent Peer Review (Not applicable for this task) A -36 Packet Page -1390- 25.15 Supervision 25.16 Coordination 26 LANDSCAPE ARCHITECTURE PLANS 9/13/2011 Item 16.A.11. The CONSULTANT shall prepare a set of Landscape Plans which includes the following. 26.1 Key Sheet 26.2 Tabulation of Quantities (Not applicable for this project) 26.3 General Notes (Not applicable for this project) 26.4 Tree and Vegetation Inventory, Protection and Relocation Plans (Not applicable for this project) 26.5 Planting Plans for Linear Roadway Projects (Not applicable for this project) 26.6 Planting Plans (Interchanges and Toll Plazas) (Not applicable for this project) 26.7 Planting Details and Notes (Not applicable for this project) 26.8 Irrigation Plans for Linear Roadway Project (Not applicable for this project) 26.9 Irrigation Plans for Interchange and Toll Plazas (Not applicable for this project) 26.10 Irrigation Details and Notes (Not applicable for this project) 26.11 Hardscape Plans 26.12 Hardscape Details and Notes 26.13 Maintenance Plan (Not applicable for this project) 26.14 Cost Estimate The CONSULTANT shall prepare a general opinion of probable cost for recreational improvements for budgeting purposes only. 26.15 Quality Assurance /Quality Control 26.16 Supervision 27 SURVEY The CONSULTANT shall perform survey tasks in accordance with all applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. The survey CONSULTANT shall perform all survey services necessary to prepare the plans for the subject project. Survey work shall be accomplished in accordance with the COUNTYs Surveying procedure and special instructions below. 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 corners, platted subdivision lot and block corners, alignment control points, alignment control reference points and certified section corner references. The COUNTY may instead require that these points be surveyed by true line, traverse or parallel offset. 27.1 Horizontal Project Network Control (HPNC) Establish or recover HPC, for the purpose of establishing horizontal control on the Florida State Plane Coordinate System or datum approved by the COUNTY; may include primary or A -37 Packet Page -1391- 9/13/2011 Item 16.A.11. secondary control points. Includes analysis and processing of all field collected data, and preparation of forms. 27.2 Vertical Project Network Control (VPNC) Establish or recover VCP, for the purpose of establishing vertical control on datum approved by the COUNTY; may include primary or secondary vertical control points. Includes analysis and processing of all field collected data, and preparation of forms. 27.3 Alignment and /or Existing Right of Way Lines Establish, recover or re- establish project alignment. Also includes analysis and processing of all field collected data, existing maps, and /or reports for identifying mainline, ramp, offset, or secondary alignments. Depict alignment and /or existing R/W lines (in required format) per COUNTY R/W Maps, platted or dedicated rights of way. 27.4 Aerial Targets (Not applicable for this project) 27.5 Reference Points Reference HPNC points, project alignment, vertical control points, section, % section, center of section corners and G.L.O. corners as required. 27.6 Topography /DTM (3D) Locate all above ground features and improvements for the limits of the project by collecting the required data for the purpose of creating a DTM with sufficient density. Shoot all break lines, high and low points. Effort includes field edits, analysis and processing of all field collected data, existing maps, and /or reports. 27.7 Planimetric (2D) Locate all above ground features and improvements. Deliver in appropriate electronic format. Effort includes field edits, analysis and processing of all field collected data, existing maps, .and /or reports. 27.8 Roadway Cross Sections /Profiles Perform cross sections or profiles. May include analysis and processing of all field - collected data for comparison with DTM. . 27.9 Side Street Surveys (Not applicable for this project) 27.10 Underground Utilities Designation includes 2- dimensional collection of existing utilities and selected 3- dimensional verification as needed for designation. Location includes non - destructive excavation to determine size, type and location of existing utility, as necessary for final 3- dimensional verification. Survey includes collection of data on points as needed for designates and locates. Includes analysis and processing of all field collected data, and delivery of all appropriate electronic files. 27.11 Outfall Survey (Not applicable for this project) 27.12 Drainage Survey Locate underground data (XYZ, pipe size, type, condition and flow line) that relates to above ground data. Includes field edits, analysis and processing of all field collected data, existing maps, and /or reports. 27.13 Bridge Survey Locate required above ground features and improvements for the limits of the bridge. Includes field edits, analysis and processing of all field collected data, existing maps, and /or reports. 27.14 Channel Survey Locate all topographic features and improvements for the limits of the project by collecting the required data. Includes field edits, analysis and processing of all field collected data, maps, and /or reports. 27.15 Pond Site Survey (Not applicable for this project) A -38 Packet Page -1392- 9/13/2011 Item 16.A.11. 27.16 Mitigation Survey (Not applicable for this project) 27.17 Jurisdiction Line Survey Perform field location (2- dimensional) of jurisdiction limits as defined by respective authorities, also includes field edits, analysis and processing of all field collected data, preparation of 11—N reports. 27.18 Geotechnical Support Perform 3- dimensional (X,Y,Z) field location, or stakeout, of boring sites established by geotechnical engineer. Includes field edits, analysis and processing of all field collected data and /or reports. 27.19 Sectional /Grant Survey Perform field location /placement of section corners, 1/4 section corners, and fractional corners where pertinent. Includes analysis and processing of all field - collected data and /or reports. 27.20 Subdivision Location (Not applicable for this project) 27.21 Maintained RNV Perform field location (2- dimensional) of maintained RNV limits as defined by respective authorities, if needed. Also includes field edits, analysis and processing of all field collected data, preparation of reports. 27.22 Boundary Survey Perform boundary survey as defined by COUNTY standards. Includes analysis and processing of all field - collected data, preparation of reports. 27.23 Water Boundary Survey Perform Mean High Water, Ordinary High Water and Safe Upland Line surveys as required by COUNTY standards. 27.24 Right of Way Staking Perform field staking and calculations of existing /proposed RNV lines for on -site review purposes. 27.25 Right of Way Monumentation Set RNV monumentation as depicted on final RNV maps for corridor and water retention areas. 27.26 Line Cutting Perform all efforts required to clear vegetation from the line of sight. 27.27 Work Zone Safety Provide work zone as required by COUNTY standards. 27.28 Miscellaneous Surveys Refer to tasks of this document, as applicable, to perform surveys not described herein. The percent for Supplemental will be determined at negotiations. This item can only be used if authorized in writing by the COUNTY or their representative. 27.29 Supplemental Surveys (Not applicable for this project) 27.30 Document Research Perform research of documentation to support field and office efforts involving surveying and mapping. 27.31 Field Review Perform verification of the field conditions as related to the collected survey data. 27.32 Technical Meetings Attend meetings as required and negotiated by the Surveying and Mapping COUNTY. 27.33 Quality Control /Quality Assurance Establish and implement a QAQC plan. Also includes subconsultant review, response to comments and any resolution meetings if required, preparation of submittals for review, etc. 27.34 Supervision Perform all activities required to supervise and coordinate project. These activities must be performed by the project supervisor, a Florida P.S.M. or-their delegate as approved by the District Surveying Office. A -39 Packet Page -1393- 9/13/2011 Item 16.A.11. 27.35 Coordination Coordinate survey activities with other disciplines. Unit is based on 3 percent of office support hours from tasks 1 through 28, where applicable.) These activities must be performed by the project supervisor, a Florida P.S.M. or their delegate as approved by the District Surveying Office. 28 PHOTOGRAMMETRY and tasks 28.1 -28.19 are not applicable for this project 29 MAPPING The CONSULTANT will be responsible for the preparation of control survey maps, right of way maps, maintenance maps, sketches and legal descriptions and Reports 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 beginning at the 60% Phase submittal. 30 GEOTECHNICAL The CONSULTANT shall, for the project, be responsible for a complete geotechnical investigation. Work performed by the CONSULTANT shall be in general accordance with the FDOT practices as directed by the COUNTY. 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 n 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 plans /report 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. The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of final plans. Rock cores shall be retained as directed by the COUNTY. A -40 Packet Page -1394- 9/13/2011 Item 16.A.11. 31 ARCHITECTURE DEVELOPMENT and tasks 31.1 — 31.139 are not applicable for this project. 32 NOISE IMPACT DESIGN ASSESSMENT and tasks 32.1 — 31.11 are not applicable for this project. 33 INTELLIGENT TRANSPORTATION SYSTEMS ANALYSIS and tasks 33.1 — 33.21 are not applicable for this project. 34 INTELLIGENT TRANSPORTATION SYSTEMS PLANS and tasks 34.1 — 34.20 are not applicable for this project. 35 PROJECT REQUIREMENTS 35.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY's Design Project Manager. 35.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 35.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Design Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 35.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 35.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by FDOT standards. 35.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. The FDOT makes available software to help assure quality and conformance with policy and procedures regarding CADD. It is the responsibility of the CONSULTANT to meet the r-e requirements in the FDOT's CADD Manual. The CONSULTANT will submit final documents and files as described therein or as amended by this Scope of Services. The Engineer of Record A -41 Packet Page -1395- 9/13/2011 Item 16.A.11. must certify that the electronic plans and documents for the project meet the requirements of the FDOT's CADD Manual. 35.7 Coordination with Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 36 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to ensure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. A -42 Packet Page -1396- 9/13/2011 Item 16.A.11. SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Marlene Messam, PE, Senior Project Manager, 2885 South Horseshoe Drive, Naples, FL 34104. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM 1. LUMP SUM FEE FOR: Phase I - 30% Submittal FEE $ 167,000.00 PAYMENT SCHEDULE Monthly Upon Percent Complete of Task 2. Phase II — 60% Submittal $ 119,000.00 Monthly Upon Percent Complete of Task 3. Phase III — 90% Submittal $ 81,000.00 Monthly Upon Percent Complete of Task 4. Phase IV — 100% Submittal $ 45,000.00, Monthly Upon Percent Complete of Task Lump Sum Total Post Design Services $412,000.00 Not to Exceed $38,000.00_ Time and Material 5. TOTAL FEE (Total Items 1 -5) $ 450,000.00 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Four Hundred Fifty Thousand Dollars ($412,000.00) and Post Design Services on a Time and Material Basis Not to Exceed $38,000 to be paid to CONSULTANT for the performance of the Basic 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 B -1 Packet Page -1397- 9/13/2011 Item 16.A.11. 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.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches' as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B -2 Packet Page -1398- 9/13/2011 Item 16.A.11. 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: r-. B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. B-3 Packet Page -1399- n 9/13/2011 Item 16.A.11. SCHEDULE B RFP # 11 -5639 Chokoloskee Bridge (030161) Replacement Project Professional Services Rate Schedule Staff Category Project Manager Chief Engineer Senior Engineer IV Senior Engineer II Senior Engineer Project Engineer Designer II Senior Technician Technician Clerical B -4 Packet Page -1400- Hourly Rate $150.00 $175.00 $150.00 $130.00 $110.00 $ 91.00 $ 86.00 $ 78.00 $ 66.00 $ 50.00 9/13/2011 Item 16.A.11. SCHEDULE B BASIS OF COMPENSATION 1. PHASE 1— 30% SUBMITTAL Project General Tasks: Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Drainage Analysis Utility Data Collection and Coordination Utility Relocation Plans Permits Structures — Miscellaneous Tasks, Structures — Bridge Development Report Landscape Architecture Analysis Landscape Architecture Plans Survey Geotechnical Phase I — Lump Sum $167,000.00 2. PHASE 11— 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 Structures — Progress Plans Signing & Marking Analysis Signing & Marking Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape — Architecture Plans Survey and Mapping Geotechnical Phase II — Lump Sum $119,000.00 3. PHASE III — 90% SUBMITTAL Project General Tasks: B -s Packet Page -1401- 9/13/2011 Item 16.A.11. Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination & Adjustment Plans Utility Relocation Plans Permits Structures — Bridge Plans Signing & Marking Analysis Signing & Marking Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape — Hardscape Specifications Phase III — Lump Sum $81,000.00 4. PHASE IV —100% SUBMITTAL Project General Tasks: Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Plans Utility Relocation Plans Permits Structures Plans Signing & Marking Plans Lighting Plans Traffic Control Plans Landscape — Hardscape Specifications Phase IV — Lump Sum $45,000.00 5. POST DESIGN SERVICES Participate in Pre -Bid Meeting Respond to Bidder Inquiries Participate in Construction Meetings Participate in Field Reviews Respond to Requests for Information (RFI) Review Shop Drawings Coordinate with adjacent Development Revise plan drawings SFWMD Certification Time and Materials — Not to Exceed $38.000.00 B -6 Packet Page -1402- 9/13/2011 Item 16.A.11. TOTAL COST - NOT TO EXCEED $450.000.00 B -7 Packet Page -1403- 9/13/2011 Item 16.A.11. SCHEDULE C n PROJECT MILESTONE SCHEDULE Schedule is based on the number of calendar days from issuance of Notice to Proceed. PHASE CUMMULATIVE DURATION DURATION* 1. PHASE 1— 30% SUBMITTAL 150 Days 150 Days 2. PHASE II — 60% SUBMITTAL 120 Days 291 Days 3. PHASE III — 90% SUBMITTAL 180 Days 492 Days 4. PHASE IV — 100% SUBMITTAL 34 Days 547 Days (18 months) 5. POST DESIGN SERVICES 913 Days 1,460 Days (48 months) * Includes 21 day phase submittal review time. C-1 Packet Page -1404- 9/13/2011 Item 16.A.11. 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 r't the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT D -1 Packet Page -1405- 9/13/2011 Item 16.A.11. 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 D -? Packet Page -1406- 9/13/2011 Item 16.A.11. 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 D -3 Packet Page -1407- 9/13/2011 Item 16.A.11. (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 $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 D -4 Packet Page -1408- 9/13/2011 Item 16.A.11. (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 SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No D -5 Packet Page -1409- 9/13/2011 Item 16.A.11. 10—N (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate D -6 Packet Page -1410- 9/13/2011 Item 16.A.11. $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (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. n D -7 Packet Page -1411- 9/13/2011 Item 16.A.11. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of 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 D -8 Packet Page -1412- 9/13/2011 Item 16.A.11. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, T.Y. Lin International 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 11 -5639 Design and Related Services for Chokoloskee Bridge Replacement are accurate, complete and current as of the time of contracting. T.Y. Lin International M TITLE: a_V:S E -1 Packet Page -1413- CATEGORY 9/13/2011 Item 16.A.11. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS NAME PERCENT Project Principal James Moreno 1 % Project Manager James Molnar 25% Chief Engineer Edward Kant 10% Chief Engineer Boon Chong 3% Senior Engineer IV Barry Jones 35% Senior Engineer IV James Rosales 5% Senior Engineer IV Colin Henderson 10% Senior Engineer II Rich White 25% Senior Engineer II Mathew Musante 50% Project Engineer Leslye Waugh 30% Designer II Robert Shields 35% Designer II Daniel Balter 25% Senior Technician Brian Werner 50% Clerical Diane Dillon 1% Subconsultants Johnson Engineering 20% PSI 20% Cella Molnar & Associates 5% F -1 Packet Page -1414-