HomeMy WebLinkAboutOrder No. 20-021 - Authorizing Kimley Horn & Associates to Design and Permit the Johnston Road at FPFWCD Cana 17 Culvert Replacement Project (04-20-20) ORDER NO. 20-021
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING
AUTHORIZING KIMLEY HORN & ASSOCIATES TO PROCEED TO DESIGN
AND PERMIT THE JOHNSTON ROAD AT FPFWCD CANAL 17 CULVERT
REPLACEMENT PROJECT AND AUTHORIZING THE COUNTY
ADMINISTRATOR TO SIGN A WORK AUTHORIZATION WITH KIMLEY
HORN & ASSOCIATES FOR THOSE SERVICES
WHEREAS, the St. Lucie County Administrator has made the following
determinations:
1. On March 17, 2020, the St. Lucie County Public Safety Director declared a
State of Local Emergency COVID-19 Public Health Emergency ("St. Lucie County
Declaration of Emergency"); and
2. The findings in the St. Lucie County Declaration of Emergency are
incorporated herein; and
3. On March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ('CDC") issued the "15 Days to Slow the Spread" guidance advising
individuals to adopt far-reaching social distancing measures, such as avoiding gatherings
of more than 10 people, and in states with evidence of community spread, recommending
restrictions to certain establishments conducive to mass gatherings and congregations;
and
4. On March 29, 2020, the President extended such guidance to be in effect
until April 30, 2020; and
5. On March 24, 2020, the Governor of the State of Florida issued Executive
Order No. 20-83 directing the State Surgeon General and State Health Officer to issue a
public health advisory to all persons over 65 years of age and persons that have serious
underlying medical conditions that place them at high risk of severe illness from COVID-
19 urging them to stay home and to take such other measures as necessary to limit their
risk of exposure to COVID-19; and
JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4700867 04/21/2020 03:57:40 PM ORD
OR BOOK 4411 PAGE 1211-1236 Doc Type
1 RECORDING: $222.50
6. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida
further directed the State Surgeon General and the State Health Officer to issue a public
health advisory providing that individuals should cease all social or recreational
gatherings of 10 or more people; and
7. On March 25, 2020, the State Surgeon General issued a Public Health
Advisory consistent with Executive Order 20-83; and
8. On March 25, 2020, the President of the United States declared that a major
disaster exists in the State of Florida as a result of COVID-19; and
9. On April 1, 2020, the Governor of the State of Florida issued Executive Order
20-91 directing senior citizens, individuals with a significant underlying medical condition,
and persons engaging in nonessential services or activities to stay at home.
10. The Johnston Road Culvert Replacement Project at FPFWCD Canal 17 is a
Sales Tax Initiative project and is in need of replacement. On March 18, 2020 the
Engineering Division approved the design proposal from Kimley Horn & Associates in the
amount of $77,285.00 (please see attached). Kimley Horn & Associates have a current
continuing contract with the County to provide design and permitting services for this
type of projects. The estimated cost of the culvert replacement is $250,000.00. The St.
Lucie County Purchasing Policy Procedures Manual (2019) Paragraph 20.3 states "In an
Emergency situation, the County Administrator may authorize an Emergency Purchase
and waive any bid requirement." Also, Paragraph 20.4 c states "If the emergency purchase
exceeds the County Administrators authorization limit, the County Administrator will
request "after the fact" approval from the Board of County Commissioners at its next
regularly scheduled meeting." The Engineering Division requests that the County
Administrator approve this project on an emergency basis. This project is funded in the
FY 2019-2020 budget. The total design cost is $77,285.00.
11. Due to Executive Order 20-91, the Board has cancelled all public meetings
through April 30, 2020. The next Board meeting is currently scheduled for May 19, 2020,
z
but may be pushed further delayed due to the COVID-19 emergency.
12. The County has determined that public health, safety and welfare requires
that the County proceed with the design and permitting of the Johnston Road Culvert
Replacement Project at FPFWCD Canal 17 project before the next Board meeting.
13. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that
the County Administrator may take all actions necessary and appropriate to protect
human life and prosperity, to the extent necessary to accommodate the emergency; and
NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. The determinations, orders, and declarations identified above are
incorporated herein.
2. 1 hereby authorize the County Administrator or designee to sign a work
authorization to design and permit the Johnston Road Culvert Replacement
Project at FPFWCD Canal 17 with Kimley Horn & Associates as reviewed and
approved by the County Attorney.
3. This Order, as set out above, shall be placed on the agenda of the next Board
of County Commissioners meeting for purposes of review and ratification.
SeverabRity.
Any provision(s) within this Order that conflict(s) with any State or Federal law or
constitutional provision, or conflict(s) with or are superseded by a current or
subsequently -issued Executive Order of the Governor or the President of the United
States, shall be deemed inapplicable and deemed to be severed from this Order, with the
remainder of the Order remaining intact and in full force and effect.
This Order is effective as of 8:00 a.m. o day of April 2020. This Order will expire upon
the expiration of the existing State of Local Emergency, as same may be extended by
subsequent order or declaration, unless earlier terminated by subsequent Order.
Prior resolutions and emergency orders remain in force and effect unless modified or
superseded.
3
This Order shall be filed in the Office of the Clerk of the Circuit Court.
Signed thi5�= day of ry / 2020 at
H ward N. ipton
0
TO: Howard Tipton, County Administrator
THROUGH: Don West, P.E., Public Works Director
FROM: Kimberly Graham, P.E., County Eng'
DATE: April 15, 2020
PUBLIC WORKS
ENGINEERING DIVISIOr
APR 16 2020
COUNTYATTOP.,"'I �Y
SUBJECT: Johnston Road @ FPFWCD Canal 17 Culvert Replacement — Emergency Purchase
In response to the COVID-19 crisis, a State of Local Emergency was declared in St. Lucie County (SLC)
on March 17, 2020; the Governor of Florida issued a State of Emergency on March 16, 2020; the President
of the United States issued a Federal Disaster Declaration on March 13, 2020.
During this event, the County Administrator has determined that keeping public infrastructure projects
moving forward is a Mission Essential Function (MEF). These projects will help the economy and have
fewer impacts to the travelling public.
The Johnston Road Culvert Replacement @ FPFWCD Canal 17 is a Sales Tax Initiative project and is in
need of replacement. On March 18, 2020 the Engineering Division approved the design proposal from
Kimley Horn & Associates in the amount of $77,285.00 (please see attached).
The Saint Lucie County Purchasing Policy Procedures Manual (2019) Paragraph 20.3 a states "In an
Emergency situation, the County Administrator may authorize an Emergency Purchase and waive any bid
requirement." Also paragraph 20.4 c states "If the emergency purchase exceeds the County Administrators
authorization limit, the County Administrator will request "after the fact" approval from the Board of
County Commissioners at its next regular scheduled meeting."
This project is ready for award by the Board of County Commissioners (BOCC). The Engineering Division
requests that BOCC award be waived to move forward with this project. The project will be brought to the
BOCC for award "after the fact".
This project is funded in the FY 2019-2020 budget. The Total Design Cost is $77,285.00
/7Concurrence: Howard Tipton, County Administrator7- / -f-
CC: Mark Satterlee, Deputy County Administrator
Jennifer Hill, OMB Director
Edmund Bas, P.E., Assistant County Engineer
Desiree Cimino, Purchasing Manager
Selena Griffett, P.E., Senior Civil Engineer
Jennifer Krause, Program Coordinator
sT. LUCIE
Kimley>))Horn
March 16, 2020
Gary Franklin
Project Manager
St. Lucie County Engineering Division
2300 Virginia Avenue
Ft. Pierce, FL 34982
772-462-2897
RE: Cross Drain Replacement
Johnston Road @ FPFWCD Canal No. 17
Dear Mr. Franklin:
We are pleased to submit to you this proposal for scope of services associated with the replacement
of the existing cross drain under Johnston Road within the Fort Pierce Water Farms Water Control
District (FPFWCD) Canal No. 17, This proposal includes professional consulting services consisting of
topographic design survey, construction document/design and agency permitting. Please find
attached the project scope of services, workplan estimate and fees based upon our project
understanding.
We appreciate this opportunity to work with St, Lucie County and look forward to participating in
this project. Should you have any questions, please feel free to contact me at 772-794-4083.
Sincerely,
KIMLBY-HORN'rAj D ASSOCIATES, INC.
Brian A. Good, P-1.
Senior Vice President
445 24th Street, Suite 200, Vero Beach, FL 32960
Kimley >>> Horn
EXHIBIT A
SECTION I - PROJECT DESCRIPTION AND SCOPE
March 16, 2020
Page 2 of 10
Professional consultant services are requested for the preparation of design survey, construction
documents and agency permitting associated with replacing the roadway culvert cross drain under
Johnston Road within FPFWCD Canal No. 17. The existing cross drain consists of a single 72"
corrugated metal pipe with headwalls at either pipe end. The culvert is exhibiting substantial
sectional loss along the flow line of the metal pipe at both ends and is recommended for culvert
replacement.
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material, data, or services as
required in connection with the work to be performed under this Agreement; all of which
information the ENGINEER may use and reasonably rely upon:
A. Provide the ENGINEER with a copy of all previously conducted studies, preliminary data or
reports available, existing location surveys, topographic surveys, and related documents.
B. Provide the ENGINEER with all available drawings, right-of-way maps, and other documents in
the possession of the COUNTY pertinent to the project.
kimley-horn,com 445 24th Street, Suite 200Vero Beach, Fl 32960
Kimley> Horn
SECTION III - SCOPE OF SERVICES
March 16, 2020
Page 3 or 10
The ENGINEER agrees to perform professional roadway design and related services in connection
with the project as required and set forth in the following:
A. General:
1. The ENGINEER will endeavor not to duplicate any previous work done on the project. After
issuance of written authorization to proceed, the ENGINEER shall consult with the COUNTY
to clarify and define the COUNTY'S requirements for the project and review available data.
2. The ENGINEER will attend conferences with the COUNTY and its representatives upon
reasonable request.
3. In order to accomplish the work described under this work order in the time frames and
conditions set forth, the ENGINEER will observe the following requirements:
a. The ENGINEER will complete his work on the project within the time allowed by
maintaining an adequate staff of registered engineers, draftsmen, and other employees
on the work.
b. The ENGINEER will design the project in such a manner as to be in reasonable
conformance with applicable federal, state and local laws, and shall comply with the
Florida Department of Transportation's (FDOT) Plans Preparation Manual Design Criteria
latest edition. The ENGINEER may utilize design criteria established in the FDOT Manual
of Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways upon receiving COUNTY concurrence.
c. The ENGINEER will prepare all necessary sketches and completed application forms to
accompany the COUNTY'S applications for required federal, state, or local permits.
d. The ENGINEER will cooperate with the COUNTY in order that all phases of the work may
be properly scheduled and coordinated.
e. The ENGINEER will send a complete preliminary set of construction plans to any city,
county, state, regional or federal regulatory agency from which a permit or other
445 24t1i Street, Suite 200, Vero Beach, FL 32960 772 794 4100 l
Kimley>>> Horn
March 16, 2020
Page 4 of 10
approval is required prior to final approval of the design by the County Engineer, and
will coordinate the project design with all applicable agencies.
f. The ENGINEER will contact all known utility companies having installations in the
immediate vicinity of the proposed work and consider relocation of utilities, if
necessary. The ENGINEER will provide the COUNTY with necessary information relative
to required utility adjustments, relocations and installations and will show all known
existing utilities on the final design plans. Design modifications to existing utility lines, if
necessary, may be negotiated by a separate agreement.
4. Compensation to the ENGINEER for basic services shall be in accordance with Section IV —
Compensation, of this Agreement, as mutually agreed upon by the ENGINEER and COUNTY.
B. Design Topographic Survey:
The ENGINEER shall provide design topographic survey services necessary to support and
facilitate contemplated design associated with this project. This task will consist of the
preparation of digital base map topographic surveys in accordance with the Standard of Practice
for Surveying and Mapping in Chapter 5J-17, Florida Administrative Code, pursuant intent of the
Florida Minimum Technical Standards set forth by the Florida Board of to Section 472.027,
Florida Statutes. The survey will include:
1. Establishment of a project wide Horizontal Control Network within the PROJECT
LIMITS, which will include setting three (3) control points (nails, rebar with cap, etc.)
on the baseline of survey (centerline R/W), 100' east and west of the project site.
The Horizontal coordinate system will be based on the Florida State Plan Coordinate
System, Florida East Zone, NAD 83/90 datum,
2. Establishment of a project wide Vertical Control Network within the PROJECT
LIMITS, which will include setting two (2) Benchmarks based upon N.A.V.D. 88
Datum published benchmarks provided by the County.
3. Research and analysis of existing right of way information (to include Abstracts or
Title Searches as provided by COUNTY) sufficient to delineate the existing rights -of -
way for Johnston Road and FPFWCD Canal No. 17 within the limits of the project.
4. Provide design topographic survey that will extend 500 linear feet north and south
along Johnston Road from the Intersection of Johnston Road and FPFWCD Canal No.
17. In addition, topographic survey will be collected 100 linear feet east and west
445 24th Street, Suite 200. Vero Beach, FL 32960
Kimley>>> Horn
March 16, 2020
Page 5 of 10
along FPFWCD Canal 17. Topographic survey data will be collected 15 feet beyond
the existing roadway and canal rights -of -way, including major topographic grade
breaks, culvert inverts, size, type, etc, within the PROJECT Limits described above.
C. Geotechnical Investigation.
The ENGINEER will retain the services of a Geotechnical sub -consultant to assist in
evaluating the existing soil and roadway pavement conditions. The Geotechnical sub -
consultant will provide the following Geotechnical Services:
1. Field Exploration Program
• Two (2) — SPT borings drilled to a 25-foot depth along the east and west side of
Johnston Road near the culvert alignment.
• One (1) soil sample and one (1) water sample will be collected for corrosion
series testing along the culvert alignment.
• Six (6) - muck probes along FPFWCD Canal No. 17.
2. Engineering Analysis and Report
The Geotechnical Sub -Consultant Engineer shall perform analysis of all the data obtained to
evaluate subsurface conditions and develop engineering recommendations to guide site
preparation procedures, foundation support and pavement design.
D. Construction Documents:
Construction documents shall consist of the following:
PHASE SUBMITTALS
30%
60%
90%
100%
Cover Sheet (Location map, Project Length,
Engineer of Record)
P
C
C
F
ummary of Pay Items
P
C
F
Typical Sections
P
C
C
F
Summary of Quantities & General Notes
P
C
C
F
Horizontal and Vertical Control Sheets
(Benchmarks, Reference Points, Section Corners)
P
C
F
klmley-tlorn.com 445 24th Street, Suite 200, Vero teach, FL 32960
Kimley>))Horn
March 16. 2020
Page 6 of 10
Plan and Profile Sheets (40 scale)
P
C
C
F
Special Details
P
C
F
Roadway Soil Survey
P
C
F
Cross Sections (as necessary)
P
C
F
tormwater Pollution Prevention Plans
P
C
F
Traffic Control Plans
P
C
F
ignage & Pavement Marking Plans
40 scale double plan)
P (pavement
markings)
C
C
F
Construction Cost Estimate and Quantities
P
C
C
F
Notes: P — Preliminary, C — Complete, but subject to change, r — rinai
General Construction Plan Requirements:
• Plans shall be prepared on 11" x 17" sheets at 40:1 scale.
• Plan sheets shall depict existing right-of-way, section lines, property lines,
temporary construction easements, and centerline of construction. Horizontal
control points with state plane coordinates for all PC's, PT's, curve radius, curve
length and horizontal Pi's shall be included on the Plan or surnmarized in an
alignment table.
• It is the ENGINEERS understanding that Johnston Road may be temporarily closed to
allow for the proposed culvert replacement such that phased maintenance of traffic
plans will not be required.
• Plans shall include spot grades adequate to describe any proposed grading.
• All plan view improvements will be supported with raster aerial imagery. All raster
imagery will be provided by the COUNTY.
• Match lines shall not be located within the limits of an intersection.
• If applicable, soil boring information shall be plotted on cross sections with soil
kimley-horn.com 445 24th Street, Suite 200. Vero Beach, FL 32960
2020
Kimley>>>Horn March Page 77 of 10
classification and high season water table.
• All quantities shall reference FDOT Pay Item Numbers. Any pay item numbers that
deviate from FDOT naming convention shall have a letter following the respective
number to indicate a modification.
• All details shall reference FDOT Index Numbers.
• All specifications shall reference to FDOT Specifications for Road and Bridge
Construction, 2019 edition. Any deviations to these specifications are considered
special specifications and required to be identified in the Technical Specifications.
• Initial, interim and Final Plan Submittal shall include the following:
i. One (1) Set of Signed and Sealed Plans (Final Plans only).
ii. Initial and Interim plan submittals will be provided in PDF format.
iii. One (1) Opinion of Probable Construction Cost.
iv. One (1) CD with drawings in PDF format.
V. The ENGINEER will provide construction documents and calculations in
sufficient quantity as required by the various reviewing agencies.
The plans will be prepared based upon English units. Design will be conducted in MicroStation
and Geopak format.
E. Drainage Design and Permitting:
The drainage design and plans will provide for the reconstruction of the roadway culvert
cross drain to current FPFWCD standards including structural headwalls, if necessary. The
drainage system will be designed under the rules of South Florida Water Management
District (SFWMD), FPFWCD, U.S. Army Corps of Engineers (USACE) and St. Lucie County as
applicable.
The CONSULTANT will prepare and submit the SFWMD Notice General or Standard General
permit application via SFWMD electronic permitting (ePermitting) to complete the culvert
replacement. The CONSULTANT will prepare and submit the USACE permit application to
complete the culvert replacement. The CONSULTANT will provide one (1) hard copy of all
information submitted to and/ or provided SFWMD and USACE. The CONSULTANT will
kimley-horn,coni 445 24th Street Suite 200, Vero Beach, FL 32960
Kimley>Morn
March 16, 2020
Page 8 of 10
respond to Requests for Additional Information (RAI) for the application and resubmit. The
ENGINEER understanding is that it will be permissible to discharge the dewatering flow into
the downstream FPFWCD canal with consideration of upon best management practices. If
other measures for dewatering, including permitting are required, these will be provided by
supplemental scope of services.
The CONSULTANT will also coordinate, prepare, and submit the FPFWCD permit application
to complete the culvert replacement, The CONSULTANT will respond to RAis for the
application and resubmit. A final 'record' or 'as -built' survey will be provided by the
COUNTY. Such information will be used in preparation of the final project certification.
The Project Drainage Design and Certification task includes:
• Prepare permit application, exhibits, and documents;
• Prepare, and submit permit applications for SFWMD and FPFWCD;
• Prepare RAI responses for SFWMD General ERP application;
• Prepare RAI responses for FPFWCD application;
The SFWMD General ERP application fee of $250 is included in the contract scope and will be
paid for by the ENGINEER. The FPFWCD application review fees have been estimated and will
be paid for by the CONSULTANT and reimbursed by the COUNTY.
F. Public Involvement Meeting:
Public involvement intent is to inform and involve interested public officials, citizens and special
interest groups in the development of this transportation project. Therefore, it is important
that these stakeholders are provided an opportunity for input. Notifications associated with the
workshop will be provided by the COUNTY,
To facilitate this information exchange, one (1) workshop will be conducted to present the
information collected associated with the project. The CONSULTANT shall provide all support
necessary for the COUNTY to hold or participate in the Public Information Workshop. The
workshop is intended to be held at a destination determined by the COUNTY. The CONSULTANT
shall prepare and/or provide:
• Handouts
• Presentation graphics
• Meeting equipment setup and teardown
• Summary meeting notes
kfmley-horn.com 445 24th Street, Suite 200 Vero Beach, FL 32960
Kimley >>> Horn
EXHIBIT B
COMPENSATION
March 16, 2020
Page 9 or 10
The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to
fees in accordance with the following:
A. Professional Services Fee: The basic compensation mutually agreed upon by the ENGINEER and
the COUNTY shall follow the Roadway and Intersection Design Services Contract C17-10-879:
Hourly not -to -exceed Tasks
Task Description
Fee
Topographic Design Survey
$ 6,335
Geotechnical Investigation
$ 4,150
30% Construction Documents
$ 16,460
60% Construction Documents
$ 10,395
900/. Construction Documents
$ 6,460
100% Construction Documents
$ 2,675
Utility Coordination
$ 2,590
Drainage Design and Permitting
$ 17,710
Public Involvement Meeting
$ 10,510
Grand Total $ 77,28S
Kimley-horn,com 445 24th Street, Suite 200, Vero Beach, FL 32960
Kimley> orn
EXHIBIT C
SCHEDULE
March 16, 2020
Page 10 of 10
Upon authorization to proceed by the COUNTY, final design documents are expected to take
approximately eight (8) months from the Notice to Proceed (NTP).
�l
30% Design Drawings
60% Design Drawings
90% Design Drawings
100% Design Drawings
contingent upon BOCC approval
2 months following NTP
4 months following NTP
6 months following NTP
8 months following NTP
Each design submittal includes up to four weeks for COUNTY review. All work will be completed no
later than December 31, 2020.
445 24th Street, Suite 200, Vero Beach, FL 32960
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JIM IQ Grdaman & Associates, tnc, December 18, 2019
Proposal No. 19A728
ovoleclntrcal. Finvitovinvnial and
malletlalt conut llant:
Kimley-Horn
445 24th Street, Suite 200
Vero Beach, Florida 32960
Attention: Mr. Brian Good, P.E.
Subject: Proposal for Subsurface Soil Exploration
Culvert Replacement Project
Johnston Road at NSLRWCD Canal 17
St. Lucie County, Florida
Mr, Good
As you requested, we are pleased to present the following proposal for conducting a subsurface soil
exploration and geotechnical engineering evaluation for the subject project. The purpose of our field
testing program is to explore near -surface soils in the vicinity of the proposed culvert pipe replacement.
It is our understanding that an existing CMP culvert on Johnston Road at the crossing with NSLRWCD
Canal 17 will be replaced with a new RCP culvert pipe and associated concrete headwalls.
We have assumed that the existing grade will remain essentially the same and that no additional loads
are planned for the culvert pipe. The following summarizes our proposed scope of work and
associated fees for conducting the subject exploration.
FIELD EXPLORATION
Our field program will include conducting two Standard Penetration Test (SPT) borings and two auger
borings in the vicinity of the existing culvert pipe. The SPT borings will be conducted to a depth of
approximately 25 feet using a truck -mounted drilling rig. The auger borings will be conducted over
the existing culvert pipe to a depth of up to 7.5 feet below existing ground surface. Each sample will
be removed from the sampler or auger in the field and then examined and -visually classified by our
crew chief. Representative portions will be sealed and packaged for transportation to our laboratory
for further analysis as required. Water level observations will be made in the boreholes during the
drilling operation. The boreholes will be backfiiled upon completion. In addition, we will collect
samples of soil and surface water for corrosivity testing and perform muck probes within the canal to
estimate the thickness of soft sediment present at the canal bottom in the vicinity of the proposed
headwalls.
LABORATORY TESTING
Routine laboratory visual classification will be performed along with specific classification tests
deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). Corrosivity series
testing (pH, chloride, sulfate and resistivity) will be performed on soil and surface water samples
collected from the site.
ENGINEERING ANALYSIS AND REPORT
Engineering analysis of all data obtained will be made to evaluate general subsurface conditions and
to develop general engineering recommendations to guide site preparation and the backfilling of soils.
Our recommendations, together with all data developed during the exploration, will be submitted in a
written report upon conclusion of the study.
460 Nw concourse Place, Unit 1, Pon St Lucie, Florida 34986 Phone (772) 8%8,0072 Pax (772) 878.0607
Florida Banrnv. Cocoa. Fort Myers, Miami, Orlando, Port St Lucie Sarasota, Tallahassee, Tampa, West Palm Beach
Louisiana Baton ftouge, New Orieans, Shroveporl
Culvert Replacement — Johnston Road at Canal 17
- 2-
Proposal No. 19-4728
COST ESTIMATE
Based on our knowledge of the project to -date, the costs associated with the aforementioned
tasks
are presented below. The actual cost of our services will be a function of the quantities of work
performed in accordance with the unit rates shown below.
1. Site Visit, Boring Layout and Utility Service (Sunshine State One -Call) Notification
Senior Project Engineer: 2 hours @ $120.00/hour............................................................
$240.00
2. Drill Rig Mobilization (lump sum): .... .......... - ............. .. .................5350.00
3. Standard Penetration Test Borings (2 borings to 25 feet):
50 feet @ $15.50/foot..............................................................................................
$775.00
4. Auger Borings (2 borings to 7.5 feet): 15 feet @$10.00/ft..........................................
$150.00
5. Muck Probes
Engineering Technician: 6 hours @ $55.00/1hour.....................................................
$330.00
6. Laboratory Testing:
Percent Fines Content Tests; 5 tests @ $45.00/test...........................................................
$225.00
Corrosivity Tests; 2 tests @ $150.00/test........................................._............................$300,00
7 Professional Services:
Senior Project Engineer; 10 hours @ $125.00/1hour.........................................................$1,250.00
Senior Engineering Technician (deliver corrosivity samples); 4 hours @ $55.00/hour.......
$220.00
Draftsman; 4 hours @ $55.00/hour.................................................._......,...........................$220.00
Administrative/Clerical Services; 2 hours @ $45.00/hour...................................................
9$ 0.00
TotalEstimated Cost.......................................................................................................$4,150,00
TERMS AND CONDITIONS
This proposal is subject to the following terms and conditions (1) access to boring locations is to be
readily available to our field personnel and equipment, (2) the proposed number of borings and the
boring depths will be adequate, (3) undisturbed samples and consolidation tests on fine grained soils
are not budgeted into the total cost, and (4) Ardaman & Associates cannot take responsibility for
damages to sod, sprinkler systems or underground structures and/or services; their locations are to
be provided by the client prior to commencement of the field work.
CLOSURE
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project. If this proposal meets with your approval, please complete and return the attached
Proposal/Project Acceptance and Agreement form (Page 3). Please call if you have any questions
or require additional information.
Best regards,
ARDAMAN & ASSOCIATES, INC.
Dan J. Zcallack, P.E.
'Branch Manager
Ardaeman
PROPOSAL/PROJECT ACCEPTANCE AND AGREEMENT
PROJECT INFORMATION:
Project Name Culvert Replacement at Johnston Road and NSLRWCD Canal 17
Project Location Johnston Road St Lucie County FL
Proposal Number and Date 19-4728 dated December 18 2019
Description of Services Subsurface Soil Exploration
Estimated Fee $4 150 00
PROPERTY OWNER IDENTIFICATION:
Name
Property Identification Number
Address
City/State
Attention
SPECIAL INSTRUCTIONS:
PAYMENT TERMS:
Zip Code Phone
Title
Payment shall be due within 30 days after date of each periodic invoice. Interest at the rate of 18% per
annum (or the highest rate allowable by law) shall accrue on all amounts not paid within 30 days after date
of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by
Client. Failure to timely pay any invoice shall constitute a waiver of any and all claims arising from or
related to Ardaman & Associates, Inc.'s services, including but not limited to the services described in this
Proposal.
PROPOSAL ACCEPTANCE:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page,
and Ardaman & Associates, Inc.'s General Conditions appearing on the following page of this Proposal,
are incorporated herein by reference. In the event this Proposal Acceptance was received by facsimile,
Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal,
including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions have been made
available and are incorporated in this agreement.
Accepted this
day of.
(Print or type individual, firm or corporate body name)
(Signature of authorized representative)
2019
Rev son zoi� - FL
(Print or type name of authorized representative and title)
GENERAL CON DITIONS — FLORIDA
Parties And Scope Of Work— Ardaman & Associates, Inc. (hereinafter referred to as "A&A") shall include said company, its division, subsidiary, parent or affiliate
performing the Work. "Work" means the specific services to be performed by A&A as set forth in A&A's proposal as well as any additional services requested or
accepted by Client. "Client" refers to the person or business entity ordering the Work to be done by A&A. If the Client is ordering the Work on behalf of a third parry,
the Client represents and warrants that the Client is the duly authorized agent of said third party for the purpose ofordering and directing said Work. In the event Client
is not the authorized agent of said third party, Client shall be individually liable hereunder. Further, Client shall disclose any such agency relationship to A&A in writing
before the commencement of A&A's Work hereunder. Client agrees that A&A's professional duties are specifically limited to the Work asset forth in A&A's proposal.
The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's
intended purpose. A&A's Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall A&A have any duty or obligation to any third
party. Directing A&A to proceed with the Work shall constitute acceptance of the terms of A&A's proposal and these General Conditions.
On -Gall Services — In the event A&A is retained to perform construction materials testing ("CMT ), including but not limited to proctor and soil density tests, concrete
tests, etc., on an On -Call basis such that A&A is not retained to perform continuous observations of construction, Client assumes sole responsibility for determining the
location and frequency of sampling and testing. In such On -Call testing, A&A's test results are only representative of conditions at the test location and elevation, and
different conditions may exist at other locations and other elevations. Furthermore, in the event Client fails to properly determine the location or frequency of sampling
and testing, under no circumstances will A&A assume that duty by performing its CMT services.
Right -of --Entry — Unless otherwise agreed, Client will furnish right -of -entry on the property for A&A to make the planned borings, surveys, and/or explorations. A&A
will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may
result from the planned operations is not included in the contracted amount.
Damage to Existing Man-made Objects— It shall be the responsibility of the Client to disclose the presence and accurate location of all hidden or obscure man-made
objects relative to field tests, sampling, or boring locations. Client waives any claim against A&A arising from any damage to existing man-made objects. In addition,
Client shall defend, indemnify and hold A&A harmless from any third party claim arising from damage to existing man-made objects.
Limitation of Liability - A&A shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with
the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this
obligation and A&A is promptly notified in writing prior to one year after completion of such portion of the services. A&A will re -perform such portion of the services,
or if re -performance is impracticable, A&A will refund the amount of compensation paid to A&A for such portion of the services. In no event shall A&A be liable for
any special, indirect, incidental, or consequential damages. The remedies set forth herein are exclusive and the total liability of A&A whether in contract, tort (including
negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from any and all services provided by A&A, including but not limited to
the Work, shall not exceed the total fees paid by Client or $50,OW.00, whichever is greater. Client may, upon written request received within five days of Client's
acceptance hereof, increase the limit of A&A's liability by agreeing to pay A&A an additional sum as agreed in writing prior to the commencement of A&A's services.
This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved A&A's individual
professionals, employees, and agents are third party beneficiaries to these General Conditions,
PURSUANT TO §558.0035, FLORIDA STATUTES, CONSULTANT'S INDIVIDUAL EMPLOYEES
AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING
OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED
PURSUANT TO THIS AGREEMENT.
Sampling or Testing Location — Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land
surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based
on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as
approximations unless otherwise stated in the report.
Sample Handling and Retention — Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and A&A, at its We
discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or
otherwise hardle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, A&A will maintain preservable test samples and specimens or the
residue therefrom for thirty (30) days after submission of A&A's report to Client free of storage charges. After the initial 30 days and upon written request, A&A will
retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAT.ARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In
the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes,
regulations, or ordinances ("Hazardous Substances' and "Hazardous Constituents", respectively), A&A will, after completion of testing and at Client's expense: (i)
return such samples to Client; (ii) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal.
Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that A&A is acting as a bailee and at no
time does A&A assume title of said waste.
Discovery of Unanticipated Hazardous Materials — Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe
they could or should be present. A&A and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for A&A to
take immediate measures to protect health and safety. A&A agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous
materials be encountered. Client encourages A&A to take any and all measures that, in A&A's professional opinion, are justified to preserve and protect the health and
safety of A&A's personnel and the public. Client agrees to compensate A&A for the additional cost of working to protect employees' and the public's health and safety.
In addition, Client waives any claim against A&A arising from A&A's discovery of unanticipated hazardous materials or suspected hazardous materials
Indemnification — Client agrees to defend, indemnify and save harmless A&A from all claims, including negligence claims, suits, losses, personal injuries, death and
property liability resulting from the actions or inactions of Client, Client's contractors, representatives, agents and employees.
Legal Jurisdiction — The parties agree that any litigation shall only be brought in a court of competent jurisdiction located in Orlando, Orange County, Florida. All
causes of action, including but not limited to actions for indemnification and contribution, arising out of A&A's Work shall be deemed to have accrued and the applicable
statutes of limitation shall commence to run not later than the date of issuance of A&A's final invoice for the Work. Each of the parties hereto irrevocably waives any
and all right to trial by jury in any legal proceeding arising out of or relating to this agreement.
Force Majeure - A&A shall not be held responsible for any delay or failure in performance caused by fire, flood, explosion, war, strike, embargo, government requirement,
civil or military authority, acts of God, act or omission of subcontractors, carrier, clients or other similar causes beyond its control.
Drafting and Severability — This Agreement has been drafted by all Parties hereto and shall not be construed against one Party or in favor of any other Party. In the
event that any provision of this Agreement is held invalid, the remainder of this Agreement shall be fully enforceable.
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