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Item C05 C5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: C5 2023-2723 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Judy Clarke X4329 no AGENDA ITEM WORDING: Approval by resolution of a Locally Funded Agreement(LFA) and a Three-Party Escrow Agreement with Florida Department of Transportation(FDOT) for the Card Sound Bridge (#904990)Project Development and Environment(PD&E) Study, which will be administered by FDOT and funded through the LFA with a federal appropriation in the amount of$1,863,000 and local funds in the amount of$1,447,800 for a total estimated cost of$3,310,800. ITEM BACKGROUND: Card Sound Bridge, Structure#904990 on Card Sound Road was constructed in 1969 and will need to be replaced in the near future. The PD&E study will evaluate alternatives for replacement, complete pre-permitting and fulfill the National Environmental Policy Act (NEPA)requirements for bridge replacement. The PD&E study is necessary to be eligible for federal funding for design and construction phases and is completed by FDOT. The County received a federal appropriation to partially fund the study and will contribute local match from the Card Sound Toll Fund to fund the project. The funds will be placed in an escrow account for FDOT to pay expenses throughout the two-to-three-year project timeline for the study. PREVIOUS RELEVANT BOCC ACTION: none INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Approval STAFF RECOMMENDATION: Approval DOCUMENTATION: 142 Card Sound LFA resolution signed.pdf FM 453765-1 Card Sound Bridge Local Funding Agreementmsigned.pdf Three Party Escrow Agreementmsigned.pdf FINANCIAL IMPACT: Effective Date: upon execution by FDOT Expiration Date: 30 days after final payment and close out. Total Dollar Value of Contract: 53,310,800 Total Cost to County: 51,447,800 Current Year Portion: 51,447,800 to escrow account Budgeted: 51,447,800 budgeted in FY 2025 budget Source of Funds: 401 Card Sound Toll Fund CPI: No Indirect Costs: Grant: Insurance Required: 143 RESOLUTION NO. -2024 EXHIBIT C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY FOR FUNDING FOR THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) PROJECT DEVELOPMENT AND ENVIRONMENT STUDY (PD&E) FOR CARD SOUND ROAD BRIDGE #904990. WHEREAS, Monroe County (the County) has jurisdiction over and maintains Bridge Number 904990 Card Sound Bridge from south of Milepost 5 to Milepost 6.242 (Miami-Dade/Monroe County Line); and WHEREAS, at Monroe County's request, the Department will administer on behalf of Monroe County, a National Environmental Policy Act("NEPA") Project Development and Environment Study ("PD&E Study"), for Card Sound Bridge,project FM 453765-1 (the "Project"), to determine a range of reasonable bridge project alternatives, and ultimately a Preferred Alternative, that is acceptable from an engineering and operational standpoint, the individual elements of which are outlined in the attached Exhibit"A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the PD&E Study is anticipated to contain commitments for the County to assure that resource agencies and other stakeholder's issues that are identified in the PD&E study will be addressed in future phases of Project delivery in compliance with NEPA and applicable state and federal laws; and WHEREAS,the Department and the County are entering into this Agreement to memorialize the County's obligations to implement the commitments as contained in the final approved NEPA document for the Project, (hereinafter the "Approved NEPA Document"); and WHEREAS, the Department will utilize federal funds that have been congressionally appropriated and the County funds for the completion of the PD&E Study; and WHEREAS, the County shall deposit funds in escrow with the State of Florida, Department of Financial Services, Division of Treasury, in the amount set forth in Exhibit"D"; and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and Card Sound Bridge PD&E Locally Funded Agreement August 21,2024 144 WHEREAS,the parties are authorized to enter into this Agreement pursuant to Section 334.044(7) and 339.12, Florida Statutes (F.S.). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: SECTION 1: The Locally Funded Agreement(LFA)between the State of Florida, Department of Transportation and Monroe County is hereby approved. SECTION 2: Upon execution, this Resolution shall be marked as Exhibit"C" and made a part of the Locally Funded Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 21" day of August 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor/Chairperson MONROE COUNTY ATTORNIFR7,LD AS TO EY �I CFI RISTINE LIMBERT-BARROWS, ASSISTANT COUNTY ATTORNF'.'Y BATE'.,..._71121.24............_... Card Sound Bridge PD&E Locally Funded Agreement August 21,2024 145 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY THIS AGREEMENT is made and entered into this_day of 20 (the "Effective Date"), between the Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the "Department", and Monroe County, a political subdivision of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the "County" or "Participant". RECITALS WHEREAS,the Participant has jurisdiction over and maintains Bridge Number 904990 Card Sound Bridge from south of Milepost 5 to Milepost 6.242 (Miami-Dade/Monroe County Line); and WHEREAS, at the Participant's request,the Department will administer on behalf of the Participant, a National Environmental Policy Act ("NEPA") Project Development and Environment Study ("PD&E Study"), for Card Sound Bridge, project FM 453765-1 (the "Project"), to determine a range of reasonable bridge project alternatives, and ultimately a Preferred Alternative, that is acceptable from an engineering and operational standpoint,the individual elements of which are outlined in the attached Exhibit"A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the PD&E Study is anticipated to contain commitments for the County to assure that resource agencies and other stakeholder's issues that are identified in the PD&E study will be addressed in future phases of Project delivery in compliance with NEPA and applicable state and federal laws; and WHEREAS, the Department and the Participant are entering into this Agreement to memorialize the Participant's obligations to implement the commitments as contained in the final approved NEPA document for the Project, (hereinafter the "Approved NEPA Document"); and WHEREAS, the Department will utilize federal funds that have been congressionally appropriated and Participant funds for the completion of the PD&E Study; and WHEREAS, the Participant shall deposit funds in escrow with the State of Florida, Department of Financial Services, Division of Treasury, in the amount set forth in Exhibit "D"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS,the parties are authorized to enter into this Agreement pursuant to Section 334.044(7) and 339.12, Florida Statutes (F.S.). Page 1 of 66 146 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY NOW, THEREFORE, BE IT RESOLVED THAT the Department and the County agree as follows: 1. The above-stated recitals are true and correct, and incorporated herein. 2. The County will prepare all NEPA Re-evaluations necessary to advance the Project, as required by 23 C.F.R. §771.129, and the Department's PD&E Manual, Effective July 1, 2023, as may be subsequently amended, and coordinate these NEPA Re- evaluations with the Department. 3. The County shall further be obligated to perform or cause to be performed any new project commitments that may arise from public involvement or agency coordination subsequent to the Approved NEPA Document and/or be identified in the Project's NEPA Re-evaluations. 4. The County shall comply or shall cause the compliance with all Federal and State law requirements applicable to the development of the Project, including but not limited to, requirements pertaining to Final Design, NEPA Re-evaluations, Design Changes, Permitting, and ROW Acquisition. 5. Prior to the County advancing the Project to construction, the County shall complete a NEPA Re-evaluation to confirm the validity of the project findings, as well as to update any changes in existing conditions, applicable laws and/or commitments. 6. This Agreement may be amended when such an amendment is agreed to in writing by all signatories. The Department and the County may hereafter enter into future agreement(s) concerning the Project that may amend the terms of this Agreement, but no such amendment shall modify the County's obligation to perform the commitments unless such commitment is modified and/or released by the affected stakeholder or changes in law. Such agreement(s)shall refer to this Agreement, and specifically state an intention to modify identified terms of this Agreement. 7. This Agreement will become effective when all the parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature)will be deemed the effective date of this agreement. Page 2 of 66 147 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. A true and correct copy of the Resolution of the Participant's Commission approving this Agreement is attached hereto as Exhibit"C", 'Participant's Resolution', and is incorporated herein by reference. b. The Department will administer the PD&E Study in accordance with the attached Exhibit "A", 'Scope of Services'. The Department will complete the PD&E Study utilizing the funds provided by the Participant. c. The Participant will provide funding to the Department, in the aggregate amount of One Million Four Hundred Forty-Seven Thousand Eight Hundred Dollars ($1,447,800) for the PD&E Study, subject further to the provisions in Section 3 of this Agreement and as outlined in the attachment Exhibit "B", "Financial Summary", which is herein incorporated by reference. d. The Department will not be obligated to commence any services or work until Participant's funding for the PD&E Study is on deposit with the Department. 3. FINANCIAL PROVISIONS a. The Participant agrees that it will, prior to PD&E Advertisement , furnish the Department an advance deposit in the amount of One Million and Four Hundred Forty-Seven Thousand Eight Hundred Dollars ($1,447,800) (hereinafter, the "Advance Deposit") for full payment of the estimated PD&E Study cost. b. If the total amount for the PD&E Study agreed upon between the Department and the Department's PD&E consultant (the "Negotiated Amount") is in excess of the Advance Deposit amount, the Participant will provide an additional deposit within fourteen (14) calendar days of notification from the Department so that the total deposit is equal to the Page 3 of 66 148 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Negotiated Amount. The Department will notify the Participant as soon as it becomes apparent that the Negotiated Amount is in excess of the Advance Deposit amount. However, failure of the Department to so notify the Participant shall not relieve the Participant from its obligation to pay the total PD&E Study cost on final accounting as provided herein below. If the Participant cannot provide the additional deposit within fourteen (14)days, a letter must be submitted to and approved by the Department's Project Manager indicating when the deposit will be made. The Participant understands the request and approval of the additional time could delay the PD&E Study, and additional costs may be incurred due to a delay of the PD&E Study. c. If the Negotiated Amount is less than the Advance Deposit amount, the Department will refund the amount that the Advance Deposit exceeds the Negotiated Amount if such refund is requested by the Participant in writing. d. Should there be modifications to the Scope of Services during the PD&E Study that increase the total estimated PD&E Study cost set forth in Exhibit"B", the Participant will be notified by the Department accordingly. The Participant agrees to provide, without delay, in advance of the additional services or work being performed, adequate funds to ensure that cash on deposit with the Department is sufficient to fully fund the PD&E Study. The Department shall notify the Participant as soon as it becomes apparent the actual costs will overrun the total estimated total PD&E Study cost. However, failure of the Department to so notify the Participant shall not relieve the Participant from its obligation to pay the total PD&E Study cost amount and on final accounting as provided herein below. Funds due from the Participant during the PD&E Study not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). e. The Department intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Department's PD&E Study consultant. The Department considers the PD&E Study complete when the final payment has been made to the Department's PD&E Study consultant, not when the work under this Agreement is complete. All PD&E Study cost records and accounts shall be subject to audit by a representative of the Participant for a period of three (3) years after final close out of the PD&E Study. The Participant will be notified of the final cost. Both parties agree that in the event the final Page 4 of 66 149 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY accounting of total PD&E Study costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the Department to the Participant. Notwithstanding, if the final accounting is not performed within three hundred and sixty(360)days, the Participant is not relieved from its obligation to pay. f. In the event the final accounting of total PD&E Study cost is greater than the total deposits to date, the Participant will pay the additional amount within forty (40) calendar days from the date of the invoice from the Department. The Participant agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40)calendar days until the invoice is paid. g. The payment of funds under this Agreement will be made directly to the Department for deposit and as provided in the attached Escrow Agreement between Participant, Department, and the State of Florida, Department of Financial Services, Division of Treasury. h. Contact Persons: PARTICIPANT: Monroe County Address: 1100 Simonton Street, Key West, FL 33040 Contact Person: Judith Clarke Telephone#: 305-295-4329 Fax#: 305-295-4321 Federal Employer ID# (FEIN): 596000749 DEPARTMENT: District Contact: Paola Martinez Telephone#: 305-470-5210 4. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall become effective on the Effective Date set forth on page one (1) hereof. Page 5 of 66 150 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5. PROVISIONS SEPARABLE The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 6. AMENDMENT OF AGREEMENT This Agreement may only be amended by mutual agreement of the Department and the Participant, expressed in writing, and executed and delivered by each. 7. NOTICES All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered (personally, by courier service such as Federal Express, or by other messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, addressed as set forth below: a. If to the Participant: Monroe County 1100 Simonton Street Key West, Florida, 33040 Attention: Judith Clark, Director of Engineering Services b. If to the Department: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 Attention: Dat Huynh, District Planning and Environmental Administrator Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. Page 6 of 66 151 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 8. ENTIRE AGREEMENT This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9. BINDING EFFECT This Agreement shall be binding upon the parties and their respective representatives, successors, and assigns. 10. WAIVER Waiver by either party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. 11. CAPTIONS The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. ABSENCE OF THIRD-PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third-party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 13. OTHER DOCUMENTS The parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement; provided that the parties further acknowledge that certain additional actions by the Participant may require approval by the Participant's Commission, and, to the extent such approval is required by applicable law, obtaining such approval shall be a condition to the obligations of the Participant under this Section. Page 7 of 66 152 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 14. GOVERNING LAW This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of law principles. Venue for any judicial, administrative, or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Leon County, Florida. [signatures on following page] Page 8 of 66 153 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: COUNTY MAYOR DISTRICT DIRECTOR OF TRANSPORTATION DEVELOPMENT ATTEST: ATTEST: COUNTY CLERK EXECUTIVE SECRETARY LEGAL REVIEW MONROE COUNTY ATTORNEY CHRISITNE LIMBERTR BARRQWS ASSISTANT COUNTY A77ORNEY DATE 7/12/24 COUNTY ATTORNEY DISTRICT CHIEF COUNSEL Page 9 of 66 154 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "A" SCOPE OF SERVICES Project Description: This project involves the potential replacement of Card Sound Bridge (Bridge Identification Number 904990), a high-level fixed bridge located over the Atlantic Intracoastal Waterway (ICWW) within Monroe County. The bridge is part of County Road (CR)905A/Card Sound Road, a roadway classified as "Rural Minor Arterial" connecting Miami-Dade County to Monroe County between Florida City and North Key Largo. The bridge provides one of two roadways in and out of the Florida Keys and serves as an emergency evacuation route designated by the Florida Division of Emergency Management (FDEM) Statewide Regional Evacuation Study Program and by the county for the residents of the Florida Keys.The specific limits of the project extend from south of Milepost 5 to Milepost 6.242(Miami- Dade/Monroe County Line), for a total distance of 1.242 miles (including the bridge). Connecting Florida City and North Key Largo, the current 2,775-foot-long bridge structure consists of two 12-foot wide travel lanes (one lane in each direction), 2-foot paved shoulders and raised curbs which vary in width from 1'-7"to 4'-1"on both sides. There are no dedicated sidewalks or bicycle lanes on the bridge. On the western end of the project, there are some small sections that provide shoulder widths greater than two feet on both sides which are used for Alabama Jack's restaurant parking and the toll gantry. Crossing over the Atlantic ICWW, the Card Sound Bridge has a vertical clearance of 65.9 feet and a horizontal clearance of 90 feet. The Atlantic ICWW is deemed a navigable waterway by the United States Coast Guard (USCG) and a USCG Bridge Permit will be required. A Life-Cycle Cost Analysis was conducted by Monroe County Engineering Services in August 2022 to evaluate repair/rehabilitation versus replacement of the existing bridge. Based on the findings in the report, bridge replacement is the recommended course of action for the bridge improvements.Alternate alignments parallel to the existing bridge, as well as alternate vertical alignments and structure types, may be evaluated during the Project Development and Environment (PD&E) Study. Wider paved shoulders and enhanced/new bicycle and pedestrian facilities are also to be considered with the improvements. Additional right-of-way is not expected to complete this project. Vessel traffic may be disrupted intermittently as temporary closures of the waterway under the bridge occur during project construction. The existing right-of-way is approximately 100 feet on the southern side of the bridge, Page 10 of 66 155 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY varies on the northern side with a minimum of 70 feet provided, and 30 feet at the center of the bridge. Specific right-of-way requirements for the project will be determined during the PD&E Study. Project Limits: South of Milepost 5 to Milepost 6.242 (MiamiODade/Monroe County Line) FDOT Financial Project Number: 453765-1-22-01 County: Monroe County FDOT Project Manager: Paola Martinez Participant's Project Manager: Judith Clarke Page 11 of 66 156 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT A FD SCOPE OF SERVICES FOR PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDIES CARD SOUND ROAD BRIDGE FROM MILEPOST 5 TO MILEPOST 6.242 FDOT District 6 Monroe County This Scope of Services is an attachment which is incorporated into the agreement between the State of Florida Department of Transportation (hereinafter referred to as the DEPARTMENT or FDOT) and f�] (hereinafter referred to as the CONSULTANT)relative to the transportation facility described as follows: Financial Project ID: 453765-1-22-01 Federal Aid Project No.: ETDM No.: 14539 County Section No.: 90509000 Bridge No.: 904990 Railroad Crossing No.:NA Project Type: Highway Lead Agency: FL Department of Transportation Federal Funding: Yes Anticipated Class ofAction: Environmental Assessment Page 12 of 66 157 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Table of Contents 1.0 SCOPE OF SERVICES PURPOSE ....................................................................................... 18 2.0 PROJECT DESCRIPTION AND OBJECTIVES .................................................................. 19 2.1 PROJECT OBJECTIVES................................................................................................... 20 2.2 PROJECT REQUIREMENTS AND PROVISIONS FOR WORK.................................... 22 2.2.1 Governing Regulations ................................................................................................ 23 2.2.2 Liaison Office .............................................................................................................. 24 2.2.3 Personnel...................................................................................................................... 24 2.2.4 Subconsultant............................................................................................................... 25 2.2.5 Lead Agency, Cooperating Agencies and Participating Agencies .............................. 26 2.2.6 Meetings and Presentations.......................................................................................... 26 2.2.7 Communication............................................................................................................ 26 2.2.8 Quality Control ............................................................................................................ 27 2.2.9 Schedule....................................................................................................................... 27 2.2.10 Submittals .................................................................................................................. 28 2.2.11 Computer Automation ............................................................................................... 30 2.2.12 Conflict of Interest..................................................................................................... 31 2.3 COORDINATION WITH OTHER CONSULTANTS AND ENTITIES.......................... 31 2.4 CONTRACT MANAGEMENT......................................................................................... 32 2.5 ADDITIONAL SERVICES................................................................................................ 32 2.5.1 Alternative Corridor Evaluation .................................................................................. 32 2.5.2 Advance Notification................................................................................................... 32 2.5.3 Scoping ........................................................................................................................ 32 2.5.4 Notice of Intent............................................................................................................ 32 2.5.5 Transit Coordination Plan............................................................................................ 32 2.6 SERVICES TO BE PERFORMED BY THE DEPARTMENT......................................... 33 2.7 OPTIONAL SERVICES..................................................................................................... 34 3.0 PUBLIC INVOLVEMENT.................................................................................................... 34 3.1 PUBLIC INVOLVEMENT PLAN ELEMENTS............................................................... 35 3.1.1 Public Involvement Plan.............................................................................................. 35 3.1.2 Public Involvement Data Collection............................................................................ 36 Page 13 of 66 158 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 3.2 SCHEDULED PUBLIC MEETINGS ................................................................................ 36 3.3 PUBLIC HEARING ........................................................................................................... 38 3.4 COMMENTS AND COORDINATION REPORT............................................................ 39 3.5 NOTIFICATION OF APPROVED ENVIRONMENTAL DOCUMENT......................... 39 3.6 ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS ...................................... 39 4.0 ENGINEERING ANALYSES AND CONSIDERATIONS .................................................. 40 4.1 REVIEW OF PREVIOUS PLANNING STUDIES ........................................................... 40 4.2 EXISTING CONDITIONS ANALYSIS............................................................................ 40 4.3 SURVEY............................................................................................................................. 41 4.4 GEOTECHNICAL INVESTIGATION.............................................................................. 41 4.5 TRAFFIC ANALYSIS ....................................................................................................... 41 4.5.1 Traffic Analysis Methodology..................................................................................... 41 4.5.2 Turning Movement Counts.......................................................................................... 42 4.5.3 Vehicle Classification Counts on Roadway Segments and Ramps ............................. 42 4.5.4 Pedestrian, Bicycle, and Other Multimodal Data........................................................ 42 4.5.5 Microscopic Calibration and Validation Data Collection............................................ 42 4.5.6 Existing Traffic Operational Analysis ......................................................................... 42 4.5.7 Microscopic Calibration and Validation...................................................................... 43 4.5.8 Future Demand Forecasting......................................................................................... 43 4.5.9 No Build Analysis........................................................................................................ 43 4.5.10 Development and Screening of Alternatives ............................................................. 43 4.5.11 Operational Evaluation of Build Alternatives............................................................ 44 4.5.12 Project Traffic Analysis Report................................................................................. 44 4.5.13 Interchange Access Request ...................................................................................... 44 4.5.14 Traffic Data for Noise Study...................................................................................... 44 4.5.15 Traffic Data for Air Analysis..................................................................................... 44 4.5.16 Signalization Analysis ............................................................................................... 45 4.6 SIGNAGE........................................................................................................................... 45 4.7 TOLLING CONCEPTS...................................................................................................... 45 4.8 SAFETY ............................................................................................................................. 45 4.8.1 Crash Data.................................................................................................................... 45 Page 14 of 66 159 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.8.2 Safety Analysis ............................................................................................................ 45 4.8.3 Documentation of Safety Analysis .............................................................................. 45 4.9 UTILITIES AND RAILROAD .......................................................................................... 45 4.9.1 Utilities......................................................................................................................... 46 4.9.2 Railroads ...................................................................................................................... 46 4.10 ROADWAY ANALYSIS................................................................................................. 46 4.10.1 Design Controls and Criteria ..................................................................................... 46 4.10.2 Typical Section Analysis ........................................................................................... 47 4.10.3 Geometric Design ...................................................................................................... 47 4.10.4 Intersections and Interchange Evaluation.................................................................. 47 4.10.5 Access Management.................................................................................................. 47 4.10.6 Multimodal Accommodations ................................................................................... 47 4.10.7 Maintenance of Traffic .............................................................................................. 48 4.10.8 Lighting...................................................................................................................... 48 4.11 IDENTIFY CONSTRUCTION SEGMENTS .................................................................. 48 4.12 TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS .................. 48 4.13 STRUCTURES................................................................................................................. 49 4.13.1 Existing Structures..................................................................................................... 49 4.13.2 Structure Typical Sections......................................................................................... 49 4.13.3 Structure Design Alternatives.................................................................................... 50 4.14 DRAINAGE...................................................................................................................... 50 4.14.1 Floodplain and Environmental Permit Data Collection............................................. 50 4.14.2 Drainage Analysis...................................................................................................... 50 4.14.3 Floodplain Compensation Analysis........................................................................... 50 4.14.4 Stormwater Management Analysis............................................................................ 51 4.14.5 Drainage Design......................................................................................................... 51 4.14.6 Location Hydraulics Report....................................................................................... 51 4.14.7 Bridge Hydraulic Evaluation ..................................................................................... 51 4.15 LANDSCAPING ANALYSIS.......................................................................................... 51 4.16 CONSTRUCTION AND RIGHT OF WAY COST ESTIMATES.................................. 52 4.16.1 Construction Cost Estimates...................................................................................... 52 Page 15 of 66 160 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.16.2 Right of Way Cost Estimates..................................................................................... 52 4.17 ALTERNATIVES EVALUATION.................................................................................. 53 4.17.1 Comparative Alternatives Evaluation........................................................................ 53 4.17.2 Selection of Recommended Alternative .................................................................... 53 4.17.3 Value Engineering ..................................................................................................... 53 4.18 CONCEPT PLANS........................................................................................................... 54 4.18.1 Base Map ................................................................................................................... 54 4.18.2 Alternatives Concept Plans........................................................................................ 54 4.18.3 Preferred Alternative.................................................................................................. 54 4.18.4 Typical Section Package............................................................................................ 54 4.18.5 Design Exceptions and Design Variations................................................................. 55 4.19 TRANSPORTATION MANAGEMENT PLAN ............................................................. 55 4.20 RISK MANAGEMENT.................................................................................................... 55 4.21 ENGINEERING ANALYSIS DOCUMENTATION....................................................... 55 4.22 PLANNING CONSISTENCY.......................................................................................... 55 4.22.1 Transportation Plans .................................................................................................. 55 4.22.2 Planning Consistency Form....................................................................................... 56 5.0 ENVIRONMENTAL ANALYSIS AND REPORTS............................................................. 56 5.1 SOCIOCULTURAL EFFECTS.......................................................................................... 56 5.1.1 Social............................................................................................................................ 57 5.1.2 Economic ..................................................................................................................... 57 5.1.3 Land Use Changes ....................................................................................................... 57 5.1.4 Mobility........................................................................................................................ 57 5.1.5 Aesthetics..................................................................................................................... 57 5.1.6 Relocation Potential..................................................................................................... 58 5.2 CULTURAL RESOURCES............................................................................................... 58 5.2.1 Archaeological and Historic Resources....................................................................... 58 5.2.2 Recreational, Section 4(f) ............................................................................................ 59 5.3 NATURAL RESOURCES ................................................................................................. 59 5.3.1 Wetlands ...................................................................................................................... 59 5.3.2 Essential Fish Habitat.................................................................................................. 59 Page 16 of 66 161 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.3.3 Wildlife and Habitat..................................................................................................... 60 5.3.4 Natural Resource Evaluation Report ........................................................................... 60 5.3.5 Water Quality............................................................................................................... 60 5.3.6 Special Designations.................................................................................................... 60 5.3.7 Identify Permit Needs .................................................................................................. 60 5.3.8 Farmland...................................................................................................................... 61 5.4 PHYSICAL EFFECTS ....................................................................................................... 61 5.4.1 Noise............................................................................................................................ 61 5.4.2 Transit Noise and Vibration Analysis.......................................................................... 61 5.4.3 Air Quality ................................................................................................................... 62 5.4.4 Construction Impact Analysis...................................................................................... 62 5.4.5 Contamination.............................................................................................................. 62 5.5 CUMULATIVE EFFECTS EVALUATION ..................................................................... 62 5.6 PROJECT COMMITMENTS RECORD ........................................................................... 62 6.0 ENVIRONMENTAL DOCUMENT...................................................................................... 62 7.0 METHOD OF COMPENSATION......................................................................................... 63 Page 17 of 66 162 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 1.0 SCOPE OF SERVICES PURPOSE The Scope of Services describes the responsibilities of the CONSULTANT and the Florida Department of Transportation (FDOT or DEPARTMENT)when conducting Project Development and Environment(PD&E) Studies necessary to comply with DEPARTMENT procedures and underlying laws and regulations and to obtain FL Department of Transportation approval of the Environmental Document. All activities encompassed by this Scope of Services include: • Major work groups include: 2.0 -Project Development& Environmental (PD&E) Studies; 3.2—Major Highway Design; 4.2.1 —Major Bridge Design— Concrete; 4.2.2—Major Bridge Design - Steel • Minor work groups include: 4.1.1- Miscellaneous Structures and Minor Bridge Design; 6.1 - Traffic Engineering Studies; 6.3.1 - Intelligent Transportation Systems Analysis & Design; 6.3.3 - Intelligent Transportation Traffic Engineering Systems Communications; 7.1 - Signing, Pavement Marking & Channelization; 7.2 - Lighting; 7.3 - Signalization; 8.2 - Design, Right of Way & Construction Surveying; 9.1 - Soil Exploration; 9.2 - Geotechnical Classification Lab Testing; .94.1 - Standard Foundation Studies; 9.4.2 -Non-redundant Drilled Shaft Bridge Foundation Studies; 15.0 —Landscape Architect The Project development process and all tasks identified in this Scope of Services must follow the guidance provided in the DEPARTMENT's current version of the PD&E Manual and FDOT Design Manual (FDM). As discussed in Part 1, Chapter 1, of the PD&E Manual, the PD&E Manual satisfies state and federal processes and incorporates the requirements of the National Environmental Policy Act(NEPA); federal law, regulations, and Executive Orders included in the FHWA Federal-Aid Policy Guide; and applicable state laws and regulations including Section 339.155 of the Florida Statutes and Rule Chapter 14 of the Florida Administrative Code. As such, Project documents prepared by the CONSULTANT must comply with all applicable state and federal laws, regulations, and Executive Orders. The Scope of Services defines the Project tasks to be performed consistent with the PD&E Manual and other pertinent manuals as specifically prescribed in Section 2. The Scope of Services also outlines work activities that will be the responsibility of the CONSULTANT and/ or the DEPARTMENT. The CONSULTANT must demonstrate good project management practices while working on this Project, including effective communication with the DEPARTMENT and others as necessary, effective management of time and resources, and quality of documentation. Throughout the PD&E Study, the CONSULTANT shall set up and maintain a contract file in accordance with DEPARTMENT procedures. The CONSULTANT and any subconsultants are expected to know the laws and rules governing their profession and are expected to Page 18 of 66 163 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY provide professional services in accordance with current and applicable regulations, codes, ordinances, and standards. The DEPARTMENT will provide contract administration and management, as well as technical reviews of all work associated with the development of this Project and performed under this Scope of Services. The DEPARTMENT's technical reviews will focus on high- level conformance and are not meant to substitute CONSULTANT quality reviews of deliverables. The CONSULTANT is fully responsible for all work performed and work products developed under this Scope of Services. The DEPARTMENT may provide task- specific information as outlined in this Scope of Services. 2.0 PROJECT DESCRIPTION AND OBJECTIVES This project involves the potential replacement of Card Sound Bridge (Bridge Identification Number 904990), a high-level fixed bridge located over the Atlantic Intracoastal Waterway (ICWW) within Monroe County. The bridge is part of County Road(CR) 905A/Card Sound Road, a roadway classified as "Rural Minor Arterial" connecting Miami-Dade County to Monroe County between Florida City and North Key Largo. The bridge provides one of two roadways in and out of the Florida Keys and serves as an emergency evacuation route designated by the Florida Division of Emergency Management(FDEM) Statewide Regional Evacuation Study Program and by the county for the residents of the Florida Keys. The specific limits of the project extend from south of Milepost 5 to Milepost 6.242 (Miami- Dade/Monroe County Line), for a total distance of 1.242 miles (including the bridge). Connecting Florida City and North Key Largo, the current 2,775-foot-long bridge structure consists of two 12-foot wide travel lanes (one lane in each direction), 2-foot paved shoulders and raised curbs which vary in width from P-7" to 4'-1" on both sides. There are no dedicated sidewalks or bicycle lanes on the bridge. On the western end of the project, there are some small sections that provide shoulder widths greater than two feet on both sides which are used for Alabama Jack's restaurant parking and the toll gantry. Crossing over the Atlantic ICWW, the Card Sound Bridge has a vertical clearance of 65.9 feet and a horizontal clearance of 90 feet. The Atlantic ICWW is deemed a navigable waterway by the United States Coast Guard (USCG) and a USCG Bridge Permit will be required. A Life-Cycle Cost Analysis was conducted by Monroe County Engineering Services in August 2022 to evaluate repair/rehabilitation versus replacement of the existing bridge. Based on the findings in the report, bridge replacement is the recommended course of action for the bridge improvements. Alternate alignments parallel to the existing bridge, as well as alternate vertical alignments and structure types, may be evaluated during the Project Development and Environment(PD&E) Study. Wider paved shoulders and enhanced/new bicycle and pedestrian facilities are also to be considered with the improvements. Additional right-of-way is not expected to complete this project. Vessel traffic may be disrupted intermittently as temporary closures of the waterway under the bridge occur during project Page 19 of 66 164 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY construction. The existing right-of-way is approximately 100 feet on the southern side of the bridge, varies on the northern side with a minimum of 70 feet provided, and 30 feet at the center of the bridge. Specific right-of-way requirements for the project will be determined during the PD&E Study. 2.1 PROJECT OBJECTIVES The PD&E Study has the following project objectives: The purpose of this project is to address the structural degradation and substandard design elements of the existing Card Sound Bridge along CR 905A/Card Sound Road. The alternatives will also evaluate improving emergency evacuation/response times and providing enhanced or new bicycle and pedestrian facilities. The need for the project is based on the following criteria: PRIMARY NEEDS: BRIDGE DEFICIENCIES: Address Structural Degradation & Substandard Design Elements Card Sound Bridge (Bridge Identification Number 904990)was constructed in 1969 and has been repaired and rehabilitated many times since construction, most recently in 2016. Previous repairs include spall repairs, crack injection, steel repairs and painting, cathodic protection pile jackets, deck sealing, fender repairs, and various other rehabilitation activities. Based on the latest FDOT Bridge Inspection Report conducted in 2024, the Card Sound Bridge received a Sufficiency Rating of 48.7 (on a scale of 0-100). The Sufficiency Rating is essentially an overall rating of a bridge's fitness to remain in service and indicates the bridge's structural adequacy, serviceability and also serves as a factor when evaluating replacement versus rehabilitation. A Sufficiency Rating below 50.0 may qualify a bridge for replacement funding. The bridge inspection report further examined a number of components and assigned a rank or condition to each. The ranks/conditions were based on a scale of zero (0) through nine (9). A ranking of zero (0) generally means that the bridge is out of service, beyond corrective action, and in need of replacement; a ranking of nine (9) means that the bridge is in excellent condition and no deficiencies have been identified. The rankings/conditions for components of the bridge examined in the report are as follows: -Deck: 6 Satisfactory -Superstructure: 5 Fair Page 20 of 66 165 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY -Substructure: 6 Satisfactory -Channel: 7 Minor Damage -Performance Rating: Fair The Card Sound Bridge is not considered structurally deficient. Should one of the above rankings go below a five (5) during a future inspection, the bridge would then qualify as structurally deficient. While the bridge is not designated as functionally obsolete based on the latest Bridge Inspection Report, the existing Card Sound Bridge does not meet current FDOT design standards as it has narrow shoulders and lacks bicycle and pedestrian facilities. According to the 2023 Florida Design Manual, the typical section for this type of bridge should feature 12-foot travel lanes and 10-foot outside shoulders. In addition, the bridge is classified as containing Non-Redundant Steel Tension Members and is fracture and scour critical. PROJECT STATUS This project was initiated by Monroe County and federal (FHWA) funds have been congressionally appropriated for the Project Development and Environment(PD&E) phase. As such, FDOT District Six will be conducting the PD&E Study consistent with the National Environmental Policy Act(NEPA) on the County's behalf. The Card Sound Bridge project is currently included as a candidate project in the FDOT Work Program with $1,863,200 programmed for the PD&E phase. In addition, the Card Sound Bridge Replacement PD&E Study is included in the Monroe County 2030 Comprehensive Plan with funding shown in Fiscal Years (FYs) 2023-2025. SECONDARY NEEDS: MODAL INTERRELATIONSHIPS: Accommodate Pedestrian and Bicycle Activity No sidewalks or bicycle lanes exist on either side of the bridge structure or the approaches, with a lack of pedestrian/bicycle access provided between Florida City and North Key Largo. The addition of sidewalks and/or bicycle facilities, including potentially a shared-use path, will be considered in the bridge alternatives to allow for the safe movement of pedestrians/bicyclists across Little Card Sound. SAFETY: Improve Evacuation and Emergency Response Times Serving as part of the emergency evacuation route network designated by the Florida Division of Emergency Management(FDEM), Monroe County, and Miami-Dade County, CR 905A/Card Sound Road [including Card Sound Bridge] plays a critical role Page 21 of 66 166 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY in facilitating traffic during emergency evacuation periods. CR 905A/Card Sound Road and Card Sound Bridge provide a connection into and out of mainland Florida for the residents of Monroe County and, more specifically, the residents and visitors of Ocean Reef Club. The existing bridge has 2-foot paved shoulders and does not meet current design standards; it cannot accommodate emergency service vehicles, maintenance vehicles, and/or disabled vehicles. As such, wider paved shoulders (which could be converted to travel lanes in emergency situations)will potentially be considered with the bridge improvements to help facilitate higher traffic volumes during evacuation events and emergency service vehicles during traffic incidents. The CONSULTANT will analyze and assess the Project's impact on the social, economic, cultural, natural, and physical environment, in order to develop the Location and Design Concept of the Project in accordance with FDOT policy,procedures, and requirements. The CONSULTANT shall review and become familiar with Project documents and materials that have been prepared prior to the PD&E phase. The CONSULTANT will review the Efficient Transportation Decision Making Process (ETDM)Programming Screen Summary Report, including comments received from the Environmental Technical Advisory Team (ETAT), Lead Agency, and/or any responses from the District pertaining to this Project. The CONSULTANT shall also review concepts and reports (e.g., typical sections, alignments, planning reports) developed from prior planning studies. The CONSULTANT shall use resource agencies' comments to assess the level of effort for work activities required to adequately address potential resources of concern to this Project. 2.2 PROJECT REQUIREMENTS AND PROVISIONS FOR WORK The CONSULTANT will conduct the appropriate level of engineering and environmental analyses related to the anticipated Class of Action for this Project, as outlined in the PD&E Manual, the FDM, and directed by the Project objectives. The level of analysis depends on complexity of the Project, level of controversy,potential for significant impacts, and degree and quality of information/ data available. If the Class of Action for the Project was not determined during ETDM screening, the Lead Agency will determine it after completion of the environmental analyses. The CONSULTANT upon direction from DEPARTMENT will assist with updating data, technical studies or Environmental Document to ensure compliance with NEPA, other federal laws, regulations and Executive Orders. The CONSULTANT will maximize the use of existing information available from State, regional, local agencies,private sources, and its own files. Examples include the Programming Screen Summary Report, Concept Reports,previously completed planning Page 22 of 66 167 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY products, listed species reports, Florida Department of Environmental Protection OCULUS Electronic Document Management System, and other sources as appropriate. The DEPARTMENT will allow the CONSULTANT to use the DEPARTMENT's computer facilities upon proper authorization as described in DEPARTMENT Procedure No. 325-060-401; Planning studies relevant to this project which the CONSULTANT is required to review include: • Bridge Inspection Reports • As-Built Plans • Life-Cycle Cost Analysis CR 905A (Card Sound Road) Over Card Sound Bridge No. 904990, Monroe County, August 2022 2.2.1 Governing Regulations Services performed by the CONSULTANT must comply with all applicable DEPARTMENT Manuals and Guidelines. The CONSULTANT will use the latest editions of the following Manuals and Guidelines to perform work for this Project. • Florida Statutes • Florida Administrative Codes • Applicable Federal Regulations, U.S. Codes, and Technical Advisories • PD&E Manual • ETDM Manual • SocioCultural Effects Evaluation Handbook • Public Involvement Handbook • FDOT Design Manual (FDM) • Interchange Access Request User's Guide • Highway Capacity Manual (HCM) • Manual on Uniform Traffic Studies (MUTS) • Manual of Uniform Traffic Control Devices (MUTCD) • Minimum Standards for Design, Construction, and Maintenance Streets and Highways (Florida Greenbook) • A Policy on Geometric Design of Highways and Streets • AASHTO Guide for the Development of Bicycle Facilities • AASHTO Guide for the Development of Pedestrian Facilities • Highway Safety Manual (HSM) • Right of Way Mapping Handbook • Right of Way Procedures Manual • Survey and Mapping Handbook • Soils and Foundation Handbook • Electronic Field Book (EFB)User Handbook Page 23 of 66 168 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Drainage Manual • FDOT Drainage Design Guide • Structures Manual • CADD Manual • Quality/Level of Service Handbook • Project Traffic Forecasting Handbook& Project Traffic Forecasting Procedure No. 525-030-120 • Traffic Analysis Handbook • Florida Highway Landscape Guide • Basis of Estimates Manual • Project Management Handbook • FDOT Traffic Engineering Manual 2.2.2 Liaison Office The DEPARTMENT and the CONSULTANT will designate their respective Liaison Offices for this Project. 2.2.3 Personnel The DEPARTMENT will designate a Project Manager to represent the DEPARTMENT for this Project. The DEPARTMENT Project Manager shall be responsible for coordination with the CONSULTANT pertaining to all contractual matters, invoicing and reporting. The DEPARTMENT Project Manager shall also be responsible for approval of any additional staffing to be provided (approval must be coordinated with the Procurement Office), and shall give approval of all products and services. The CONSULTANT will assign a Project Manager who will communicate regularly with the DEPARTMENT Project Manager regarding development of this Project. Final direction on all matters of this Project remains with the DEPARTMENT Project Manager. The CONSULTANT must maintain staffing levels and personnel qualifications necessary to complete the required activities for this Scope of Services. The CONSULTANT's work must be performed to DEPARTMENT standards and procedures by personnel identified in the contract. Any changes in the identified personnel will be subject to review and approval by the DEPARTMENT. To the extent possible, the CONSULTANT must minimize the DEPARTMENT's need to apply its own resources to the Scope of Services activities unless otherwise identified. The CONSULTANT shall assign only competent technical and professional personnel qualified by the necessary experience and education to perform assigned work. The CONSULTANT is responsible for ensuring that staff assigned to work Page 24 of 66 169 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY under this Agreement has the training established by the DEPARTMENT as a prerequisite for CONSULTANT staff to perform work. If the required training is such that it can be applied by the trainee to work on other contracts, (regardless of whether or not the trainee would work on other agreements), the cost of the trainee's time and expenses associated with the training is not directly billable to the DEPARTMENT on this contract, and shall only be recoverable through overhead for the CONSULTANT firm. The CONSULTANT must request approval from the DEPARTMENT's Project Manager for any modifications or additions to the list of available staff prior to the initiation of any work by that individual. If applicable, new job classifications may be added to the contract via contract amendment and must be approved by Procurement. The CONSULTANT shall submit a copy of the resume and payroll register before new staff can be added. The CONSULTANT must have a Licensed Professional Engineer in the State of Florida to sign and seal all engineering reports, documents, technical special provisions, and plans as required by DEPARTMENT standards. The CONSULTANT and its employees, agents, representatives, or subconsultants are not employees of the DEPARTMENT and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein, CONSULTANT and its employees, agents, representatives, or subconsultants are not agents of the DEPARTMENT or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the DEPARTMENT or the State. The DEPARTMENT shall not be bound by any unauthorized acts or conduct of CONSULTANT. 2.2.4 Subconsultant Services assigned to any subconsultants must be approved in writing and in advance by the DEPARTMENT Project Manager, Procurement Office, and the CONSULTANT Project Manager in accordance with this Scope of Services. All subconsultants must be technically qualified by the DEPARTMENT to perform all work assigned to them. Additional subconsultants with specialized areas of expertise may be required to complete specific assignments. Any subconsultants to be hired and all work assignments to be performed, and all rates of compensation shall be agreed to by the DEPARTMENT Project Manager, Procurement Office and the CONSULTANT Project Manager and documented in the contract file prior to any work being performed by the subconsultants. Page 25 of 66 170 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 2.2.5 Lead Agency, Cooperating Agencies and Participating Agencies The CONSULTANT Project Manager will support The DEPARTMENT Project Manager in coordination with the Lead Agency, Cooperating Agencies and Participating Agencies. The Lead Agency for this Project is FL Department of Transportation. The following will be engaged as a Cooperating Agency: • US Coast Guard The following will be engaged as a Participating Agency(s): • FL Department of Environmental Protection • US Army Corps of Engineers • FL Department of State • South Florida Water Management District 2.2.6 Meetings and Presentations Led by the DEPARTMENT Project Manager, the CONSULTANT will attend the Notice to Proceed Meeting, where DEPARTMENT representatives will outline relevant contract and Project information provided by the DEPARTMENT Project Manager. The CONSULTANT shall attend meetings necessary to undertake the activities of this Scope of Services. This includes meetings with DEPARTMENT staff and/or resources agency staff, other consultants, or other miscellaneous meetings. It is anticipated that 36 progress and miscellaneous review meetings will be needed. The CONSULTANT will attend meetings or make presentations at the request of the DEPARTMENT with at least five (5)business days' notice. The CONSULTANT will prepare meeting notes for all meetings identified in this Exhibit and submit within five (5)working days to the DEPARTMENT's Project Manager for review. 2.2.7 Communication The DEPARTMENT Project Manager will be the representative of the DEPARTMENT for the Project. The CONSULTANT must regularly communicate with the DEPARTMENT Project Manager to discuss and resolve issues or solicit opinions regarding this Project. The CONSULTANT must include the DEPARTMENT when seeking and receiving advice from various State, regional, local agencies, and citizen groups. The final direction on all matters for this Project remains with the DEPARTMENT Project Manager. Page 26 of 66 171 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY All written correspondence between the CONSULTANT and any parry pertaining specifically to this Project must be reviewed and approved by the DEPARTMENT. The CONSULTANT must respond to information requests relative to the PD&E Study from third parties at the direction, and with the approval, of the DEPARTMENT. The CONSULTANT will assist the DEPARTMENT in preparing the content of the letters from DEPARTMENT personnel to other agencies,public officials, and others as needed or requested. 2.2.8 Quality Control The DEPARTMENT requires that all Project documents, technical studies, calculations, maps, reports, conceptual plans, design, and the Environmental Document are correct and complete, appropriate for the intended purposes, and conform to requirements of this Scope of Services. The CONSULTANT, is responsible for the quality of all (including the subconsultants) deliverables. The CONSULTANT will independently and continually review deliverables for accuracy and completeness. The CONSULTANT must develop and follow an internal Quality Control (QC)process. The QC process is intended to ensure that quality is achieved through checking, reviewing, and verifying work activities and deliverables by qualified individuals who were not directly responsible for performing the initial work. Within twenty (20)business days from the Notice to Proceed, the CONSULTANT must submit its QC Plan to the DEPARTMENT Project Manager for approval. The QC Plan will identify the deliverables, the personnel to perform the reviews, and the method of documentation. The QC Plan will be signed by the CONSULTANT Project Manager and the CONSULTANT QC Manager. The CONSULTANT must include document reviews and written resolution of comments with each submittal or deliverable to show the QC process was followed. At a minimum, a quality review checklist must be provided and should include letters, exhibits, technical studies, reports, design calculations, Environmental Document or any documents used or referenced in the QC Plan. The CONSULTANT must maintain documentation which show the QC Plan process was followed. The DEPARTMENT Project Manager may request from the CONSULTANT document reviews and written resolution of comments at any time during the PD&E Study. 2.2.9 Schedule Within ten (10) business days after the Notice to Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall submit a detailed Project activity/ event schedule to the DEPARTMENT. The schedule must indicate all required submittals, critical path activities, and key project milestones / activity Page 27 of 66 172 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY codes. When applicable, the CONSULTANT Project Manager will receive a Statewide Acceleration and Transformation (SWAT)preliminary Project schedule from the DEPARTMENT Project Manager during the Notice to Proceed meeting. The Project schedule shall contain at a minimum,the following information for each schedule activity: project FPID,project description, FDOT activity id with correct Project Schedule Management(PSM) codes, activity description, original duration, remaining duration, start date, finish date, activity percent complete and total float. Only two open-ended activities (the first and the last) are allowed. The project schedule must include a column displaying each activity's Predecessor and Successor. The schedule must be based on the DEPARTMENT's expected production date and must be approved by the DEPARTMENT. The schedule must be based upon consideration of the Proj ect's environmental issues (social, cultural, natural and physical resources) and regulatory requirements, and in coordination with the DEPARTMENT's District Planning and Environmental Management Office (PLEMO). The schedule must be accompanied by an anticipated payout and fiscal progress curve. For the purpose of scheduling, the CONSULTANT shall allow for a review period of at least 20 days for each draft technical report or memorandum submitted for District reviews. In developing the schedule for this Project, the CONSULTANT, in coordination with the DEPARTMENT, must include adequate time to meet regulatory reviews and formal consultations timeframes. Periodically throughout the life of the contract, the CONSULTANT must review the project schedule,payout, and fiscal progress curves to monitor the progress of the project. The CONSULTANT shall submit monthly progress reports with the approved schedule and schedule status report, which includes critical-path review and progress and payout curves, to the Department Project Manager. Any adjustments or changes to the approved schedule must be approved by the DEPARTMENT Project Manager. 2.2.10 Submittals The CONSULTANT will compile and transmit draft documents identified in this Scope of Services to the DEPARTMENT for review. For each submittal, the CONSULTANT will include a Transmittal Cover Letter that includes, at a minimum, the file name and format of each electronic file and the number of hardcopies (if any) as directed by the DEPARTMENT Project Manager. The DEPARTMENT will review draft submittals and provide the CONSULTANT with review comments. The CONSULTANT will address comments,prepare a Page 28 of 66 173 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY matrix of comments and responses as applicable, and submit revised documents. The CONSULTANT will assist the DEPARTMENT in resolving the comments received from the Lead Agency, Cooperating Agencies, resource agencies and the public, including preparation of individual responses. PD&E Provisions for Work: • Quality Control Plan • Project Schedule Public Involvement: • Public Involvement Plan • Public Involvement Comment Database • Agency Coordination Meeting Summaries • Public Hearing Transcript • Meeting Agendas, Handouts, Notes, and Summaries • Comment and Coordination Report PD&E Engineering: • Traffic Analysis Methodology Technical Memorandum • Project Traffic Analysis Report • Location Hydraulics Report • Geotechnical Report • Bridge Hydraulic Report • Utilities Assessment Package • Risk Analysis Report • Design Variations and Exceptions Package • Value Engineering Information Report • Conceptual Design Plan Set • Typical Section Package • Utility Request Package • Bridge Development Report (in lieu of a Preliminary Engineering Report per Part 2, Chapter 3.2.1 in the PD&E Manual) • Systems Engineering Management Plan • Conceptual Drainage Report Environment: • Draft Environmental Assessment • Cultural Resource Assessment Survey • Level I Contamination Assessment Report(Contamination Screening Evaluation Report) • Noise Study Report Page 29 of 66 174 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Water Quality Impact Evaluation • Conservation Measures and Mitigation Plan • Section 4(f)Determination of Applicability (DOA) • Natural Resource Evaluation (Wetlands, Species and EFH) • Research Design and Survey Methodology • Section 4(f) "de minimus" Documentation • Wild and Scenic Rivers, Navigable Waterways, and Coastal Zone Management Assessment • Final Environmental Assessment/Finding of No Significant Impact • SocioCultural Effects Evaluation (SCE) General: • Project Commitments Record Other Submittals: • Sea-level Impact Projection (SLIP) Study • USCG Bridge Questionnaire • Navigation Impact Report The CONSULTANT will submit to the DEPARTMENT final reports and other deliverables identified in this section. The CONSULTANT will submit to the DEPARTMENT two (2) sets of CDs/DVDs or other portable storage drives such as flash drives or USB drives containing PDFs of all submittals outlined in this section. Upon completion of the Project, the CONSULTANT will transfer to the DEPARTMENT, in an organized manner, all project electronic files, data, maps, sketches, worksheets, and other materials used or generated during the PD&E Study in an acceptable portable storage drive. Additionally, the CONSULTANT will upload all final submittals and appropriate supporting project files to the Statewide Environmental Project Tracker(SWEPT) upon completion of technical studies and Environmental Document and as directed by the DEPARTMENT. 2.2.11 Computer Automation The CONSULTANT shall develop concept plans and alternative designs utilizing Computer Aided Drafting and Design (CADD) systems. The DEPARTMENT makes software available to help assure quality and conformance with the policy and procedures regarding CADD. It is the responsibility of the CONSULTANT to meet the CADD production requirements in the FDOT CADD Manual. The CONSULTANT must submit final documents and files as described in the FDOT CADD Manual. Additional related information is found in the FDM. Concept plans Page 30 of 66 175 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY and alternatives designs shall also be displayed using Google Earth-ready KMZ files. The concept plans must have both existing and proposed engineering and environmental features. Upon DEPARTMENT approval, the CONSULTANT may also use computer tools and software to conduct some of the engineering and environmental analyses. Prior to using these tools, the CONSULTANT must agree to provide original electronic files in a format and standard consistent with the DEPARTMENT's policies and procedures. All electronic files must be scanned for viruses prior to submitting to the DEPARTMENT. Failure to scan for viruses may result in a lower CONSULTANT work performance evaluation. 2.2.12 Conflict of Interest The CONSULTANT or any affiliate is not eligible to pursue advertised work in the CONSULTANT's area of oversight or any project for which the CONSULTANT developed the Scope of Services. Subconsultants are also ineligible to pursue projects where they participated in the development of the Scope of Services, or have an oversight responsibility. The term "affiliate" is defined in FDOT Procedure No. 375- 030-006, Conflict of Interest Procedure for Department Contracts. The CONSULTANT and its subconsultants will not enter into another contract during the term of the Contract for this Project which would create or involve a conflict of interest with the services herein. The CONSULTANT and its subconsultants must comply with FDOT Procedure No. 375-030-006, Conflict of Interest Procedure for Department Contracts. 2.3 COORDINATION WITH OTHER CONSULTANTS AND ENTITIES The CONSULTANT will coordinate work activities with any ongoing and/or planned DEPARTMENT projects that may affect this Project. The DEPARTMENT and CONSULTANT shall coordinate with local governmental entities to ensure Project concepts are compatible with local improvements and right of way activities. The CONSULTANT will inform the DEPARTMENT Project Manager of all coordination activities with other agencies or entities prior to holding such activities. The DEPARTMENT Project Manager shall be included in all such coordination activities. The CONSULTANT shall coordinate with the following pertinent projects and studies: • 447770-1 Card Sound Road at Mosquito Creek Bridge No. 904984 (bridge replacement) Page 31 of 66 176 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • 447769-1 Card Sound Road at Tubby's Creek Bridge No. 904982 (bridge replacement) • CR905A/Card sound Road Future Conditions Evaluation Update, Miami-Dade County Department of Transportation and Public Works Department, January 2020 • Miami-Dade TPO 2045 Long Range Transportation Plan Unfunded Need - CR 905A/Card Sound Road from Card Sound Toll Plaza to SR 997 (South Krome Avenue) Off-Road Bicycle and Pedestrian Facility Improvement 2.4 CONTRACT MANAGEMENT The CONSULTANT is responsible for maintaining Project files, including copies of submittals and underlying data, calculations, information and supporting project documentation. The CONSULTANT is responsible for preparing monthly progress reports and schedule updates. Progress reports will be delivered to the DEPARTMENT in a format prescribed by the DEPARTMENT Project Manager with the corresponding invoice. The CONSULTANT will regularly communicate the status of the project with the DEPARTMENT while managing subconsultant efforts and executing subconsultant agreements. 2.5 ADDITIONAL SERVICES The CONSULTANT will be requested to provide the following additional services for this Project. 2.5.1 Alternative Corridor Evaluation Alternative Corridor Evaluation is not required for this project. 2.5.2 Advance Notification Advance Notification is not required for this project. 2.5.3 Scoping Scoping is not applicable for this project. 2.5.4 Notice of Intent Notice oflntent is not applicable for this project. 2.5.5 Transit Coordination Plan Agency coordination is covered under Section 3.1 of this Exhibit. Page 32 of 66 177 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 2.6 SERVICES TO BE PERFORMED BY THE DEPARTMENT The DEPARTMENT will provide the following services and materials: • Lead and participate in coordination efforts with the Public Transit Office, Office of Environmental Management, Federal Transit Administration, environmental resource and regulatory agencies, the public, and other stakeholders, as appropriate. • Provide project data currently on file and available from study partners, such as: o Travel market analysis or ridership forecasting; o Planned new development or redevelopment including Developments of Regional Impact(DRIB) data, Community Reinvestment Act(CRA)plans, streetscape, landscape, road diet, or context sensitive design efforts; o ACER,planning studies, environmental evaluations, etc. o Efficient Transportation Decision Making (ETDM)Programming Summary Report; o Recently completed roadway studies for the study area including PD&E studies, access management, intersection plans, design files, and capacity improvements; o Multimodal or small area studies including freight, interchange, intersection, transit,pedestrian, bicycle, land use, and signal priority, Transportation Management Plan; o Traffic analyses for the study area/corridors; o Previously conducted transit vision plans, transit feasibility studies, comprehensive operations analyses, transit development plans, etc.; o All information in its the possession of the DEPARTMENT pertaining to prior and on-going studies that may affect the project such as existing construction and as-built plans, bridge inspection reports and load ratings, prior environmental studies, existing permit information, existing drainage and geotechnical reports and any agreements with third parties related to the Project corridor o All available information in the possession of the DEPARTMENT pertaining to utility companies whose facilities may be affected by the proposed construction; o All future information that is in possession or may become available to the DEPARTMENT pertaining to subdivision plans, so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right of way; o Advance Notification and all environmental and engineering documents including the Permit Coordination Packages; o Coordination with the State Historic Preservation Officer; Page 33 of 66 178 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY o Existing FDOT right of way maps and information on existing surplus right of way under ownership by the DEPARTMENT or participating local agency (counties and cities partnering with FDOT for the PD&E Study); o Existing Horizontal Network Control; o FDOT crash data; o Available traffic and planning data; o Proposed right of way cost data; o Construction cost database, as applicable; o Project Electronic File Root Directory Structure for delivery of project design files to the DEPARTMENT; o All applicable DEPARTMENT agreements with Utility Agency Owners; o Letters of authorization designating the CONSULTANT as an agent of the DEPARTMENT to enter lands, waters, and premises of another in the performance of duties in accordance with Section 337.274, F.S.; o Reviews of technical reports and Environmental Documents; 2.7 OPTIONAL SERVICES At the DEPARTMENT'S option, the CONSULTANT may be requested to provide professional services not explicitly outlined in this Exhibit. These services may include but are not limited to re-evaluation of previous PD&E Studies, environmental analysis not specifically listed in this Scope of Services, final design services, expert witness services for right of way acquisition, additional design analysis, and design plan preparation for utilities review. CONSULTANT may also be requested to provide services for Request for Proposal (RFP) development for Design-Build Procurement and /or support the DEPARTMENT in the acquisition of a Design-Build contract. The fee for such services shall be negotiated in accordance with the terms detailed in Exhibit B, method of compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project. A supplemental agreement for the optional services shall be executed in accordance with Section 2 of the Standard Professional Services Agreement Terms. 3.0 PUBLIC INVOLVEMENT Public involvement includes communicating to and receiving input from all interested and affected persons, groups, business owners, and government organizations regarding the development of the project. The CONSULTANT will coordinate and perform the appropriate level of public involvement for this Project as outlined in Part 1, Chapterl1, and Part 2, Chapter 4 of the PD&E Manual, and the FDOT Public Involvement Handbook. The CONSULTANT will provide the DEPARTMENT drafts of all public involvement materials (e.g., newsletters,property owner letters, advertisements, handouts, exhibits) Page 34 of 66 179 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY associated with the following tasks for review and approval at least 15 business days prior to printing and/ or distribution. 3.1 PUBLIC INVOLVEMENT PLAN ELEMENTS 3.1.1 Public Involvement Plan The CONSULTANT is responsible for creating the PIP using existing work developed by the DEPARTMENT as a starting reference. The PIP must include a public involvement schedule and identify potentially affected stakeholders and communities in the vicinity of the project to establish the appropriate outreach methods. This includes consideration of the demographics of the Study Area and any reasonable accommodations including, but not limited to, disabled, transit-dependent, limited English proficient(LEP), elderly, low income, or minority. The CONSULTANT will review and attach the Sociocultural Data Report (SDR)to the PIP. A sample template for the PIP is located in Part 1, Chapter 11 of the PD&E Manual. At a minimum,the PIP must include the following: • Project background • Project goals • Identification of elected officials and agencies • Identification of affected communities and stakeholders • Identification of media(e.g. television, radio, newspaper) for news and/or advertisement • Proposed involvement activities • Anticipated schedule of involvement activities • Methodology for collecting and responding to public comments • Discussion of public comments will be analyzed and incorporated, as appropriate As part of the Project's PIP the CONSULTANT will develop public involvement materials using the DEPARTMENT's approved template and submit the information to be uploaded to the DEPARTMENT's project website. The website will be created and maintained by the DEPARTMENT. The website must meet FDOT requirements. The DEPARTMENT requires that the CONSULTANT create and submit a Public Involvement Plan that identifies potentially affected people in a community and defines the outreach methods and schedule to involve and gain their input. The Sample Public Involvement Plan may be found in Part 1, Chapter 11 of the PD&E Manual and the FDOT Public Involvement Handbook. No work may begin prior to the submission and approval of the Project Public Involvement Plan. After the Project Public Involvement Plan is approved, the CONSULTANT shall keep the Project Public Involvement Plan updated as necessary or upon notification by the DEPARTMENT of a deficiency in the Project Public Page 35 of 66 180 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Involvement Plan. Any change to the Project Public Involvement Plan must be approved by the DEPARTMENT. 3.1.2 Public Involvement Data Collection The CONSULTANT will assist the DEPARTMENT with collecting data specific to the public involvement process and preparing responses to any public inquiries received throughout the Project. The CONSULTANT will maintain and regularly update both an electronic and paper public involvement project file, which will document a record of all public involvement activities for this project. The CONSULTANT is responsible for identifying and maintaining the Project mailing list that may include officials and interested parties (any person or institution expressing an interest in the project), affected parties, and potential permit and review agencies. The CONSULTANT will work with the DEPARTMENT to generate or obtain mailing labels of property owners using the ETDM Environmental Screening Tool (EST) or the County Property Appraisers' Offices. The CONSULTANT will investigate potential meeting locations to advise the DEPARTMENT of their suitability. The DEPARTMENT will ultimately approve the meeting location. The CONSULTANT will pay all costs for meeting location rental and insurance (if required). The CONSULTANT will be responsible for logistics associated with setting up the meeting. 3.2 SCHEDULED PUBLIC MEETINGS The CONSULTANT will actively support the DEPARTMENT in conducting various public meetings, which may be conducted during weekends or after normal working hours. The CONSULTANT will support the DEPARTMENT in preparation, scheduling, attendance, note taking, documentation, and follow-up services for each meeting, which may include: • 1 Project Kick-off Meeting (hybrid format) • 6 Total presentations to the Miami-Dade TPO TAC, CAC, and Board, before the Alternatives Public Information Meeting and the Public Hearing. • 10 Total presentations to Monroe County Board of County Commissioners (BCC) and associated committees (as applicable)before the Alternatives Public Information Meeting and the Public Hearing. County committees include Florida Keys Transportation Coordination Committee, Development Review Committee, Planning Commission, Land Authority Advisory Committee, and Tourist Development Council • 1 Alternatives Public Information Meeting (hybrid format) Page 36 of 66 181 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • 20 Other Public and Agency Meetings (FDEP (including Acquisition Restoration Council), SFWMD, Florida Keys National Marine Sanctuary, USCG, USAGE, and Miami-Dade Transit Authority) or informal meetings For any of the listed meetings, the CONSULTANT will prepare and/or be responsible for the following: • Agenda • Presentation scripts • Handouts • Graphics for presentation • Meeting equipment set-up and tear-down • Display advertisements (The CONSULTANT will pay the cost of publishing) • Letters for notification of elected and appointed officials,property owners, and other interested parties (the CONSULTANT will pay the cost of first class postage) • News releases or project fact sheets. The DEPARTMENT must review new releases and fact sheets at least two (2)weeks before the meeting or mail out • Meeting summaries provided to the DEPARTMENT no later than five (5)business days after the meeting • Preparation of response letters for DEPARTMENT signature on public comments Any materials prepared by the CONSULTANT for such meetings as listed above are subject to review and approval by the DEPARTMENT. The CONSULTANT shall provide the DEPARTMENT with a draft of any proposed materials at least two weeks prior to the meeting. The CONSULTANT will assist the DEPARTMENT when facilitating the public information meeting/workshop to present Project results and obtain comments related to the Project and/or Project alternatives. The meeting format will be developed by the CONSULTANT and approved by the DEPARTMENT upon review. The CONSULTANT will participate in briefing and debriefing meetings with the DEPARTMENT staff related to the public meeting. The CONSULTANT will attend the meetings with a suitable number of personnel with appropriate technical expertise (based on project issues), as authorized by the DEPARTMENT Project Manager, to assist the DEPARTMENT in such meetings. The DEPARTMENT may request the CONSULTANT to identify the effect of the Project to individual properties on aerial maps or plans in response to requests from property owners. The DEPARTMENT may also request the CONSULTANT to meet with individual property owners. Page 37 of 66 182 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 3.3 PUBLIC HEARING A Public Hearing in hybrid format is required for this project. The CONSULTANT will send notifications to the Lead Agency, local governments, and regulatory agencies at least 25 but no more than 30 calendar days prior to the Public Hearing date. The CONSULTANT will prepare the Public Hearing notifications on the DEPARTMENT's letterhead for DEPARTMENT review and signature 15 days prior to mailing or as directed by the DEPARTMENT. The CONSULTANT will first prepare an initial sample draft notification for review and approval by the DEPARTMENT prior to submitting all notifications for review. Notifications to elected officials will be signed by the District Secretary. All other notifications may be signed by the DEPARTMENT Project Manager. The notification letters must have the DEPARTMENT's return address. After the DEPARTMENT signs the notifications, the CONSULTANT will send them by First Class US Mail. The DEPARTMENT Project Manager will also send the notification letters by email. The CONSULTANT will prepare the Public Hearing notifications to property owners on the DEPARTMENT's letterhead for DEPARTMENT review and signature 15 days prior to mailing or as directed by the DEPARTMENT. After the DEPARTMENT Project Manager signs the letters, the CONSULTANT will send them by First Class US Mail. The CONSULTANT will obtain a list of names and addresses of property owners from the Environmental Screening Tool (EST) and/or Property Appraisers' Offices. The letters must have the DEPARTMENT's return address. The CONSULTANT will send notification letters to property owners at least 17 to 24 calendar days prior to the Public Hearing. The CONSULTANT will provide the following: • Public Hearing Notice and publication in the Florida Administrative Register (FAR) • Proposed typical sections and aerials depicting alternative corridors and alternative alignments, as specified by the DEPARTMENT • Identification of the website(s) and/or locations where the technical reports and Environmental Documents will be available for public view • NEPA Assignment compliance signs • Display advertisements; any press releases and/ or advertisements will indicate that the meeting is a DEPARTMENT activity; the CONSULTANT will pay the cost of publishing • Response to public comments • Notification on the Department's Public Notices webpages through the District Public Information Officer (PIO) Page 38 of 66 183 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Presentation with script • Meeting location signs • Title VI compliance signs • Security (off-duty law enforcement), if needed • Expenses associated with arranging for a court reporter to be present and obtaining transcripts of comments made during the Public Hearing • Brochures or handouts • Two (2)Newsletters (color) -note that hand delivery may be required • One (1)project fact sheet • Public Hearing materials will support a hybrid meeting format The CONSULTANT will participate in briefing and debriefing meetings with the DEPARTMENT related to the Public Hearing (hybrid format). The CONSULTANT will prepare response letters for DEPARTMENT signature for all public comments. Any such response letters would need to be reviewed and approved by the DEPARTMENT Project Manager. 3.4 COMMENTS AND COORDINATION REPORT The CONSULTANT will prepare Comments and Coordination Report containing transcript, errata, and signed certification, as well as documentation for all public involvement activities conducted throughout the project in accordance with Part 1, Chapter 11 of the PD&E Manual. 3.5 NOTIFICATION OF APPROVED ENVIRONMENTAL DOCUMENT The CONSULTANT shall prepare a display advertisement for the notification of the Approved Environmental Document. The CONSULTANT will pay for the cost of publishing. The DEPARTMENT must review and approve the notice prior to publication. 3.6 ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS The DEPARTMENT will identify and list any special or additional public involvement requirements. • General Public Correspondence • Frequent Asked Questions (FAQs) • Renderings • Provide website materials for DEPARTMENT to update its website Page 39 of 66 184 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.0 ENGINEERING ANALYSES AND CONSIDERATIONS CONSULTANT activities to conduct and prepare engineering analyses and reports shall be done under the direction of the DEPARTMENT Project Manager. The CONSULTANT shall perform engineering activities essential to developing and evaluating Project alternatives as outlined in Part 2, Chapter 3 of the PD&E Manual and as specified in this section. The CONSULTANT will gather and review existing data from the DEPARTMENT, such as transportation planning data developed for long range plans or any previously completed technical studies within the project area. The CONSULTANT will collect additional data necessary to supplement existing data. The CONSULTANT will use data to evaluate the Location and Design Concept for this project. The CONSULTANT will verify the purpose and need for the Project based on the information obtained from the existing data, safety analysis, evaluation of existing conditions, evaluation of traffic projections, input received through the public involvement process and from the Programming Screen Summary Report. The CONSULTANT shall develop and analyze conceptual design alternatives to address the Project needs and objectives. Development of the conceptual design alternatives will follow Context Sensitive Solution and Complete Streets approaches. Based on engineering analysis, the public involvement process, and environmental analysis, the DEPARTMENT will recommend a proposed design concept to advance to the Design Phase. 4.1 REVIEW OF PREVIOUS PLANNING STUDIES The CONSULTANT shall review and summarize previous completed (or concurrent) planning studies and other studies that are related to this Project and appropriately incorporate their results in the analysis of the Project as described in the PD&E Manual. The following studies were conducted for this Project: • Life-Cycle Cost Analysis CR 905A (Card Sound Road) Over Card Sound Bridge No. 904990, August 2022 • Card Sound Bridge (904990) Load Rating Summary Report • Bridge Inspection Reports 4.2 EXISTING CONDITIONS ANALYSIS The CONSULTANT will conduct field observations to review existing field conditions, verify desktop data, and obtain additional data required to understand the Project area, assess Project needs, identify physical and environmental constraints, develop and analyze Project alternatives, and assess constructability issues. Page 40 of 66 185 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will collect data describing existing conditions and characteristics of the Project including roadway geometrics, typical section elements, signalization and other operational features, access features, right of way requirements, and other data applicable to modes and sub-modes of transportation, including walking/pedestrians, bicyclists,public transit users (including transit vehicles and riders),paratransit users (carpools, vanpools, taxis, shuttles,jitneys, school buses, coach buses), and freight (including loading/unloading and parking, emergency response vehicles, service vehicles, and freight handler vehicles). The CONSULTANT will analyze existing conditions to identify and verify current transportation deficiencies as they relate to the needs and objectives of this Project. The CONSULTANT will furnish necessary exhibits for use in this Project, such as a Project Location Map, Corridor Maps, and Concept Plans. 4.3 SURVEY The DEPARTMENT will provide topographic survey and existing project controls such as benchmarks and reference points for Project baseline of survey. The CONSULTANT will review survey data for completeness and coordinate with the DEPARTMENT Project Manager if additional design survey is needed. 4.4 GEOTECHNICAL INVESTIGATION The CONSULTANT will conduct geotechnical services associated with design activities related to this Project. Before beginning work and after the Notice to Proceed is issued, the CONSULTANT shall submit an investigation plan for approval and meet with the DEPARTMENT's Geotechnical Engineer or representative to review the project scope and DEPARTMENT requirements. • Number of borings and other field geotechnical data to be determined after selection of PD&E Consultant • CONSULTANT shall receive approval from the Environmental Permitting Office prior to performing any geotechnical exploration. 4.5 TRAFFIC ANALYSIS 4.5.1 Traffic Analysis Methodology The CONSULTANT will perform traffic analysis in accordance with guidance from the PD&E Manual, Traffic Analysis Handbook, and Project Traffic Forecasting Handbook. The CONSULTANT will prepare a forecast and analysis methodology which must be agreed upon by the DEPARTMENT prior to beginning any analysis. The methodology must state the type of documentation, Project Study Area to be Page 41 of 66 186 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY analyzed, and method and assumptions that will be used to analyze existing and future traffic conditions. This is a Non-MPO area. A suitable travel demand model is not available. Therefore, a rationale must be provided and future travel data will be developed in accordance with guidance from Chapter 4 of the Project Traffic Forecasting Handbook. Capacity analysis will be based on the latest Highway Capacity Manual procedures. Use of microsimulation traffic analysis software such as SimTraffic, CORSIM, and/or VISSIM is not anticipated for this Project. Data should be gathered in accordance with the Traffic Analysis Handbook. Traffic analysis methodology will include an approach or procedure to forecast future traffic volumes and evaluate the traffic operations and safety performance of the project alternatives. All traffic analysis documentation must be written in plain language and in a format that can be easily followed. The CONSULTANT must submit all traffic analysis files for assumptions, inputs, outputs, network data, calculations, and results to the DEPARTMENT. 4.5.2 Turning Movement Counts Not applicable for this project. 4.5.3 Vehicle Classification Counts on Roadway Segments and Ramps The CONSULTANT will collect the following existing vehicle classification count data. • 7-day traffic machine counts at the following locations: o Card Sound Road -northwest and southwest of bridge 4.5.4 Pedestrian, Bicycle, and Other Multimodal Data The CONSULTANT will collect the following additional existing traffic data. • Pedestrian Counts • Bicycle Counts • Transit data • Freight movement 4.5.5 Microscopic Calibration and Validation Data Collection Not applicable for this project. 4.5.6 Existing Traffic Operational Analysis Page 42 of 66 187 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will conduct an existing (base year)traffic operational analysis and report the operational performance measures as agreed upon in the analysis methodology. The analysis must include bicycle,pedestrian, and transit(if applicable) operations. The manual count data will be used to obtain the existing design hourly volumes using historical and seasonal adjustments as appropriate. All existing design hourly volumes must be balanced before being used in the analysis. Oversaturated conditions and locations with complex geometry or operations might require microsimulation. 4.5.7 Microscopic Calibration and Validation Not applicable for this project. 4.5.8 Future Demand Forecasting No Build Volumes: The CONSULTANT will develop opening year and design year design hourly volumes for the No Build Alternative in accordance with the Project Traffic Forecasting Procedure, Topic No. 525-030-120. The need for interim year analysis will be determined in the traffic analysis methodology. Build Alternatives Volumes: The CONSULTANT will develop opening year and design year design hour volumes only for viable or feasible Build Alternatives. The CONSULTANT must make sure the future year turning movement volumes are reasonably balanced at each intersection. 4.5.9 No Build Analysis The CONSULTANT will analyze the operational performance of the No Build Alternative for the analysis years to identify deficiencies related to the purpose and need for the project. The CONSULTANT will evaluate the operational effectiveness of the No Build Alternative using agreed upon performance measures of effectiveness (MOEs). The analysis should include multimodal evaluation for pedestrian, bicycle, freight, and transit modes, as appropriate. 4.5.10 Development and Screening of Alternatives The CONSULTANT will identify, develop, assess, and screen preliminary potential Project alternatives that would meet the purpose and need for this Project in accordance with Part 2, Chapter 3 of the PD&E Manual. Development of alternatives will consider previously completed planning products. By considering project goals and objectives,purpose and need, and results of ETDM Programming screen event, the CONSULTANT in consultation with the DEPARTMENT, will identify and document alternatives to be eliminated from Page 43 of 66 188 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY further detailed study. Only viable or feasible alternatives should be carried forward for detailed study. 4.5.11 Operational Evaluation of Build Alternatives The CONSULTANT will analyze the operational performance of viable or feasible alternative(s) for opening and design years and any interim years as appropriate. The analysis must include multimodal evaluation for pedestrian, bicycle, and transit modes as appropriate. The analysis will also include evaluation of access management in relation to traffic safety and operational efficiency within the Study Area. The CONSULTANT will evaluate the operational effectiveness of Build Alternatives using agreed upon performance MOEs. 4.5.12 Project Traffic Analysis Report As described in Part 2, Chapters 2 and 3 of the PD&E Manual, the CONSULTANT will prepare the Project Traffic Analysis Report to document development of design traffic volumes and results of the traffic analysis for No Build and Build Alternatives, which includes the transit, bicycle, and pedestrian analysis. The results must be shown on diagrams for each alternative and discussed in the report. The Project Traffic Analysis Report will also summarize the comparison of the operational and safety performance of all alternatives evaluated in detail and how they perform against each other. 4.5.13 Interchange Access Request This project does not add new or modem interchange. 4.5.14 Traffic Data for Noise Study The CONSULTANT will provide traffic data required for the noise study and will include the following data for each road segment(i.e., intersection to intersection), ramps, cross streets, and frontage roads, for the existing year, opening year, and the design year for Build and No Build alternatives: • LOS C directional hourly volumes • Demand peak hourly volumes (peak and off-peak directions) • Existing and proposed posted speed • Percentage of heavy trucks (HT) in the design hour • Percentage of medium trucks (MT) in the design hour • Percentage of buses in the design hour • Percentage of motorcycles (MC) in the design hour 4.5.15 Traffic Data for Air Analysis Page 44 of 66 189 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY Not applicable for this project. 4.5.16 Signalization Analysis Not applicable for this project. 4.6 SIGNAGE The CONSULTANT will evaluate existing signing and signage requirements for the project. The CONSULTANT will prepare a Conceptual Signing Plan for this Project. 4.7 TOLLING CONCEPTS Not applicable for this project. 4.8 SAFETY 4.8.1 Crash Data The CONSULTANT will obtain the most recent five (5)years of available data from the DEPARTMENT's crash database and other local sources for this Project. The crash data will include the number and type of crashes, crash locations, number of fatalities and injuries, and estimates of property damage and economic loss. 4.8.2 Safety Analysis The CONSULTANT will perform safety analysis in accordance with Part 1, Chapter 2 of the PD&E Manual. Based on the information obtained from the crash data, the CONSULTANT will identify project safety needs associated with the existing and future conditions. The CONSULTANT will use the Highway Safety Manual (HSM)procedures to estimate the safety performance of the Project alternatives as agreed upon in the Traffic Analysis Methodology. 4.8.3 Documentation of Safety Analysis The CONSULTANT will document the results of the safety analysis in the PTAR or a stand-alone Safety Analysis Memorandum. 4.9 UTILITIES AND RAILROAD The CONSULTANT will obtain information regarding utilities and railroad in accordance with Part 2, Chapter 21 of the PD&E Manual. Page 45 of 66 190 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.9.1 Utilities Prior to starting utility coordination, the CONSULTANT and the DEPARTMENT Project Manager shall meet with the District Utility Office (DUO) for guidance to ensure that all necessary utility coordination will be accomplished in accordance with DEPARTMENT procedures. It is anticipated that the following Utility Agency Owners (UAOs) are within or adjacent to the Project, but it is the responsibility of the CONSULTANT to determine the final list of UAOs within the project area: • FDOT District 6 Intelligent Transportation Systems • Florida Power & Light The CONSULTANT will prepare a Utility Assessment Package. The Utility Assessment Package must contain items specified in Part 2, Chapter 21 of the PD&E Manual. The CONSULTANT will provide a PD&E Request Package to the District Utility Office. The CONSULTANT will notify the UAOs within the Project area and request existing and planned utility information for major above ground and subsurface facilities within the Project area. The CONSULTANT, DEPARTMENT Project Manager and DUO will meet with each UAO as necessary, separately, or together, to understand utility conflicts and project potential impacts on utilities. The CONSULTANT will evaluate and consider potentially significant utility conflicts as they may affect the chosen corridor and/or alignment. While evaluating potential impacts and recommending mitigation strategies, the CONSULTANT should refrain from making any compensability determinations in any of the documentation/assessments that they create. 4.9.2 Railroads Not applicable for this project. 4.10 ROADWAY ANALYSIS 4.10.1 Design Controls and Criteria The CONSULTANT will prepare design controls and criteria for developing Project alternatives and designing initial geometrics and other roadway elements according to the DEPARTMENT standards. Page 46 of 66 191 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.10.2 Typical Section Analysis The CONSULTANT will develop conceptual typical sections for the Project alternatives which address transportation needs and context. Development of typical sections must consider Context Sensitive Solutions and Complete Streets approaches and the needs of all Project users. 4.10.3 Geometric Design The CONSULTANT will perform geometric design using the established Project design controls and criteria. The CONSULTANT will also use Project traffic data and results of traffic analysis to design appropriate roadway elements. The CONSULTANT will establish both preliminary vertical profile and horizontal alignments of the mainline. The design of Project alternatives must consider environmental constraints,physical constraints, Context Sensitive Solutions, Complete Streets, and any additional information, as required. See Part 2, Chapter 3 of the PD&E Manual for more engineering and design considerations. For each alternative evaluated in detail, the CONSULTANT shall prepare sketches of plan,profile, and typical sections as appropriate to show existing features,proposed geometry, and location of any environmental and geometric design constraints. 4.10.4 Intersections and Interchange Evaluation Not applicable for this project. 4.10.5 Access Management The CONSULTANT will review the DEPARTMENT'S State Highway System Access Management Classification System and Standards and evaluate their application to the project. The CONSULTANT will recommend the proper access classification and standard to be applied to the Project. The proposed access management plan will be presented as part of the public involvement process. If an Access Management Classification/Reclassification Public Hearing is required, it will be combined with the PD&E Study Public Hearing. 4.10.6 Multimodal Accommodations The CONSULTANT will review, evaluate, and document the location and condition of existing pedestrian, bicycle, and public transit accommodations and freight services in the Study Area. This activity includes reviewing existing plans, reports, and studies that outline strategies or define projects associated with alternative modes of travel. Page 47 of 66 192 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will consider freight,pedestrian, bicycle, and transit in the development and evaluation of Project alternatives commensurate with the context with a goal of improving overall mobility, access, connectivity, safety and efficiency. Multimodal accommodation may include analysis of on-street parking and loading zone modifications and/or removal,park and ride needs, as necessary. The CONSULTANT will consider and evaluate the existing and anticipated future use of the Project by bicyclists and pedestrians, the potential impacts of the Project alternatives on bicycle and pedestrian travel, and propose measures to avoid or reduce adverse impacts to bicyclists and pedestrians that would use the Project. The CONSULTANT will also consider supportive Transportation Demand Management and parking management strategies consistent with the transportation context and the needs of all users of the project. The CONSULTANT will assist the DEPARTMENT with coordination with local agencies, transit operators and Metropolitan Planning Organizations (MPOs) as appropriate. 4.10.7 Maintenance of Traffic The CONSULTANT will evaluate alternatives for constructability and the ability to maintain traffic during construction according to Part 2, Chapter 3 of the PD&E Manual. The CONSULTANT will include the estimated cost to maintain traffic in the construction cost estimate for the Project alternative. 4.10.8 Lighting The CONSULTANT will evaluate the need for lighting in accordance with applicable manuals, guideline, standards and current design memorandums. The CONSULTANT will include the estimated cost for lighting in the construction cost estimate for the Project alternative. 4.11 IDENTIFY CONSTRUCTION SEGMENTS MONORE COUNTY will identify construction segments for this Project. 4.12 TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS The CONSULTANT will study or investigate a broader range of systems as it relates to the PD&E study such as traffic signal system, communication system, travel time systems, Transit Signal Priority (TSP), Adaptive Traffic Control System (ATCS) and other systems referenced in the ITS Architecture. The CONSULTANT will use a Systems Engineering approach for determining the Transportation System Management and Operations (TSM&O) Systems and required systems engineering documents for the Project. Page 48 of 66 193 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will develop a Preliminary Systems Engineering Management Plan (PSEMP) and a high-level Project ConOps according to Part 2, Chapter 3 of the PD&E Manual. The ConOps must be reviewed by the District TSM&O engineer. The CONSULTANT will evaluate the need for improvements,preservations, or modifications to the existing TSM&O system in relation to the alternatives being considered. This includes reviewing the existing as-built information provided by the DEPARTMENT, identifying impacts to the existing TSM&O infrastructure due to the other project work, identifying opportunities to preserve or enhance TSM&O infrastructure, and developing a high-level cost estimate for the changes necessary to the infrastructure in order to meet project TSM&O needs and goals. These items will be documented in the ConOps. The CONSULTANT will identify the delivery method for both equipment and technology and prepare implementation schedule that includes engineering, design, construction, and Project activation (testing and start-up). The CONSULTANT will coordinate with both the District TSM&O Engineer and the County Traffic Engineer concerning existing and proposed Intelligent Transportation Systems (ITS) and Advanced Traffic Management System (ATMS) infrastructure. The CONSULTANT will consider the presence of the ITS infrastructure when analyzing the traffic for the corridor, as well as any proposed improvements that may impact the underground fiber optic cable infrastructure and associated roadside devices. 4.13 STRUCTURES 4.13.1 Existing Structures The CONSULTANT will collect the existing structures data as identified in Part 2, Chapter 3 of the PD&E Manual. The following existing structures have been identified for evaluation: • Bridge No. 904990 is a high-level fixed bridge located on Card Sound Road (CR 905A)that spans over the Atlantic Intracoastal Waterway. The bridge was constructed in 1969 and has an overall length of 2,755 feet. Its typical section consists of 12-foot-wide travel lanes (one in each direction), 2-foot-wide paved shoulders and raised curbs which vary in width on both sides. 4.13.2 Structure Typical Sections The CONSULTANT will develop typical sections options for the bridges. These will include the DEPARTMENT's standard typical sections, and any typical sections that may result in minimizing right of way and environmental impacts. Coordination with the District's Structures Design Engineer is required. A minimum of three (3)bridge typical sections will be evaluated during the PD&E Study. Page 49 of 66 194 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.13.3 Structure Design Alternatives The CONSULTANT will evaluate conceptual vertical and horizontal geometry and clearance requirements for the bridges. The CONSULTANT will document structural design calculations and design assumptions used in the analysis. A minimum of four (4)horizontal alignments will be evaluated. • The CONSULTANT will prepare a Bridge Development Report in accordance with Topic 4625-000-002 of the FDM 121 Bridge Project Development. The complexity of the project is considered Major Bridges: The BDR will be an extensive and comprehensive document that thoroughly considers all viable structure types and considers all design parameters (such as scour, vessel collision and wildlife connectivity). This scope should be revised once the PD&E Consultant is selected to include specific level of structural analysis and development for the bridge structure(s). 4.14 DRAINAGE The CONSULTANT will perform Drainage analysis in accordance with the Drainage Manual and Part 2, Chapters 11 and 13 of the PD&E Manual. The CONSULTANT shall incorporate/consider the Contamination Screening Evaluation Report and any other related report findings into the Drainage Reports. 4.14.1 Floodplain and Environmental Permit Data Collection The CONSULTANT will gather floodplain data from FEMA Flood Insurance Rate Maps, and other drainage related data needed to obtain permits from relevant sources including local government, local agencies, and regulatory agencies. 4.14.2 Drainage Analysis The CONSULTANT will perform drainage analysis by delineating the basin boundaries by using LiDAR information, existing survey data, and field observations. The CONSULTANT will analyze and determine high water elevations in each basin and use the information to establish the preliminary roadway profile. Drainage analysis will also include checking the capacity and structural adequacy of existing cross drains,preliminary design of potential cross drains and outfall structures and identifying the recommended conceptual drainage design for the Project. 4.14.3 Floodplain Compensation Analysis For each roadway alternative, the CONSULTANT will determine base floodplain elevations and estimate encroachments and appropriate compensation provisions, including incorporating floodplain compensation site requirements into the Pond Siting Report. Page 50 of 66 195 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.14.4 Stormwater Management Analysis The CONSULTANT will calculate the stormwater quality and attenuation requirements, and estimate the stormwater management facility needs for each roadway alternative. The CONSULTANT will schedule an Environmental Look-Around (ELA) meeting (See Part 2, Chapter 11 of the PD&E Manual)with DEPARTMENT staff, regulatory agencies, local governments, and other stakeholders to discuss regional stormwater needs and design and permitting approaches that benefit the watershed as a whole. During the meeting, the CONSULTANT will document the meeting notes in the project file. If the ELA reveals no regional pond sites within the Study Area, the CONSULTANT will identify practical pond sites in each basin for each project alternative, estimate construction cost, compare the sites, and identify (in coordination with the DEPARTMENT) a preferred pond site for each basin. Additionally, the CONSULTANT will identify inflow or outfall easement requirements for each pond site. If additional pond sites are revealed, they will be used as a potential option. The CONSULTANT will prepare a Pond Siting Report or Conceptual Drainage Design Report in accordance with the Drainage Manual and the FDOT Drainage Design Guide. 4.14.5 Drainage Design Not applicable for this project. 4.14.6 Location Hydraulics Report The CONSULTANT will prepare a Location Hydraulics Report for the project in accordance with Part 2, Chapter 13 of the PD&E Manual. 4.14.7 Bridge Hydraulic Evaluation The CONSULTANT will evaluate bridge hydraulics to determine the hydraulic length of the bridge or the length necessary to meet the hydraulic requirement and document in the Bridge Hydraulics Report. The CONSULTANT will evaluate the bridge for coastal hydraulics needs. The CONSULTANT will evaluate the bridge for wave action in the event of a major hurricane. The Consultant will coordinate with the District's Structures Design Engineer and District Drainage Engineer. 4.15 LANDSCAPING ANALYSIS Not applicable for this project. Page 51 of 66 196 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.16 CONSTRUCTION AND RIGHT OF WAY COST ESTIMATES 4.16.1 Construction Cost Estimates The CONSULTANT will develop construction cost estimates using the Department's Long Range Estimate (LRE)program. The CONSULTANT will be responsible for reviewing and updating the cost estimate when scope changes occur, at project milestones, and during the DEPARTMENT's annual Work Program update cycle. Construction costs must include traffic management and right of way costs. 4.16.2 Right of Way Cost Estimates Based on typical section analysis and DEPARTMENT design standards, the CONSULTANT will establish construction limits and determine the minimum (proposed) right of way requirements throughout the limits of the Project. Establishment of construction limits will consider location drainage features, the transportation management plan, utility relocations, stormwater pond requirements, and identified environmental issues, among other factors. The CONSULTANT will compare the existing right of way width with the proposed right of way requirements to estimate the amount of right of way that the DEPARTMENT must acquire. The DEPARTMENT will estimate the cost for right of way acquisition, and cost estimates for relocations and business damages, if any. The CONSULTANT will submit concept plans for the Build Alternative that include the parcel identification number, existing right of way lines,proposed right of way lines and acreage of property required. Additionally, the CONSULTANT will provide a spreadsheet with the following parcel information: owner, address, acreage of parent parcel and required amount of property for the Project, estimated business damages and right of way property costs. The DEPARTMENT's Right of Way Office staff and CONSULTANT will conduct an interactive field trip to review conditions in the corridor as they pertain to actual conditions that might impact the cost of right of way acquisition for the Project. The CONSULTANT will jointly meet with the District Roadway Engineer, Traffic Operations staff, Right of Way Office staff, and DEPARTMENT's Office of General Counsel staff prior to the development of right of way cost estimates. The purpose of the meeting is to jointly review the proposed design parameters, the proposed alternative alignments to identify those alternatives for which right of way cost estimates will be developed by the DEPARTMENT. The goal is to evaluate the alternatives necessary to comply with PD&E requirements and to satisfy the evaluation needed for eminent domain considerations for each alternative. Page 52 of 66 197 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The DEPARTMENT's Right of Way Office will estimate the cost for right of way acquisition, as well as cost estimates for relocations and business damages, if any. 4.17 ALTERNATIVES EVALUATION 4.17.1 Comparative Alternatives Evaluation The CONSULTANT will establish evaluation criteria at the beginning of the Project, which must be agreed upon with the DEPARTMENT before use in the comparative evaluation of alternatives. After developing the viable alternatives, analyzing alternatives and estimating costs, the CONSULTANT will prepare a matrix which compares the impacts,performance, and costs of the alternatives evaluated in detail in the PD&E Study. The matrix will include the performance of the No Build Alternative as the baseline for comparison. 4.17.2 Selection of Recommended Alternative The DEPARTMENT will select a recommended alternative based on review and analysis of engineering, environmental, and public involvement issues related to this Project. 4.17.3 Value Engineering The DEPARTMENT will conduct a Value Engineering (VE) study for the Project according to Value Engineering Program, Topic No. 625-030-002. The CONSULTANT will prepare relevant project information and submit to the VE team. The information will be logically organized to facilitate the VE team's understanding of the Project development. The CONSULTANT will submit to the VE team the following minimum information, if available: • Project traffic report • Environmental studies reports • Environmental document • Engineering analysis documentation • Copies of all alternative concept plans/drawings • Drainage analysis documentation • Bridge hydraulics report and location hydraulics report • Typical section package • Other miscellaneous reports prepared for this project At the request of the DEPARTMENT, the CONSULTANT will meet with the VE team to explain development of Project alternatives and rationale of selecting the Page 53 of 66 198 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY recommended alternative. The CONSULTANT will be available to the VE team for clarification of the information used during the VE study. The CONSULTANT will respond to questions or proposals developed as part of the VE and recommend inclusion or denial of the VE proposals into the project. The CONSULTANT will include VE study recommendations concerning modified or additional concepts, into the comparative evaluation of the alternatives. 4.18 CONCEPT PLANS The CONSULTANT will prepare concept plans for all viable Project alternatives in appropriate scales overlaid on the base map. 4.18.1 Base Map The CONSULTANT will produce a base map of the project area using DEPARTMENT's CADD standards. The base map will contain an aerial photo and existing characteristics for the project. The base map must show environmental issues that are specific to the Study Area such as cemeteries, wetlands, historic properties, high-risk contamination sites,public parks, and property lines. The CONSULTANT will prepare base maps for the following uses (at noted scales): • Overall Project Location Map 1: 500 • Overall Drainage Map 1: 200 • Corridor Maps (Roll Plots) 1: 100 4.18.2 Alternatives Concept Plans The CONSULTANT will prepare and overlay alternative concept plans on the base map. The concept plan must show potential location of bridges, culverts, retaining walls, right of way lines (existing and proposed), major utility facilities, intersection, critical driveways, and median openings, among other roadway elements, at appropriate scale according to the DEPARTMENT CADD Manual. 4.18.3 Preferred Alternative The CONSULTANT will finalize the preferred alternative concept plan by incorporating comments received from the Public Hearing process as directed by the DEPARTMENT. 4.18.4 Typical Section Package The CONSULTANT will prepare the Typical Section Package (excluding pavement design) in accordance with the FDM. Page 54 of 66 199 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 4.18.5 Design Exceptions and Design Variations The CONSULTANT will prepare Design Exceptions and Design Variations Package for the preferred alternative for approval in accordance with the FDM. 4.19 TRANSPORTATION MANAGEMENT PLAN The CONSULTANT will prepare a conceptual Transportation Management Plan in accordance with as per Part 2, Chapter 3 of the PD&E Manual. 4.20 RISK MANAGEMENT The DEPARTMENT Project Manager will coordinate with the Cost Risk Assessment (CRA)regional team and a representative from that team will lead the Risk Assessment for this Project. The CONSULTANT and key SUBCONSULTATANTS may be asked to attend and participate in the Risk Assessment Workshop for this Project. The CONSULTANT will support the Risk Assessment Workshop by providing materials requested by the DEPARTMENT Project Manager to conduct the Workshop and associated 4.21 ENGINEERING ANALYSIS DOCUMENTATION The CONSULTANT will prepare a Preliminary Engineering Report(PER) as per Part 2, Chapter 3 of the PD&E Manual. The CONSULTANT shall include sufficient back up information related to all computer programs and parameters used in the analyses to facilitate the review of the engineering documentation. The engineering documentation shall be neatly and logically presented. The final engineering analysis documentation prepared by the CONSULTANT shall be signed and sealed by a Florida-licensed professional engineer. 4.22 PLANNING CONSISTENCY 4.22.1 Transportation Plans The CONSULTANT will coordinate with the DEPARTMENT to obtain and review transportation plans throughout the life of the Project for all modes of transportation including freight, transit, and non-motorized. The following plans or studies should be reviewed as appropriate: • State Transportation Improvement Program (STIP) • Local Government Comprehensive Plan (LGCP) • Non-motorized (bicycle and pedestrian)Plans • MPO's adopted Long Range Transportation Plan (LRTP) Cost Feasible and Needs Plans Page 55 of 66 200 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY • Local Transit Development Plans (TDP) for bus, rail, or other services 4.22.2 Planning Consistency Form The CONSULTANT will assist the DEPARTMENT's finalization of Planning Requirements for Environmental Document approval in the appropriate form. 5.0 ENVIRONMENTAL ANALYSIS AND REPORTS Tasks described within this section direct work efforts applicable to the environmental analysis and documentation for this Project. Prior to beginning environmental work, the CONSULTANT must review the ETDM Programming Screen Summary Report, summary degree of effect, resource agencies' comments,permits that may be required, and GIS information from the Environmental Screening Tool (EST). This review will support the CONSULTANT's ability to adequately assess the potential for Project alternatives to affect known environmental resource issues. CONSULTANT activities to conduct and prepare environmental analysis and reports shall be done under the direction of the DEPARTMENT Project Manager. The CONSULTANT will collect pertinent environmental data, conduct analyses, and document the results of this analysis within technical reports or memoranda. The analyses and reporting will be performed and presented in accordance with the procedures in the PD&E Manual. The CONSULTANT will analyze all Build Alternatives and the No Build Alternative with respect to impacts to natural, cultural, social and physical resources and document all analyses in the reports. Wherever appropriate the CONSULTANT will describe proposed measures to avoid, minimize, or mitigate project impacts on the environmental issues. Additionally, the CONSULTANT will summarize results of the environmental analysis in the Environmental Document. The CONSULTANT must verify and record in the Environmental Document any environmental resource that is identified as "No Involvement". The CONSULTANT will summarize in the Environmental Document the results of analysis of environmental resources that were completed as part of another study or performed by others concurrent with this project. 5.1 SOCIOCULTURAL EFFECTS THE CONSULTANT will conduct a Sociocultural Effects (SCE) evaluation in accordance with Part 2, Chapter 4 of the PD&E Manual. The CONSULTANT will document the results of the SCE Evaluation in the Environmental Document and in the Project file and/ or complete a stand-alone SCE report if required. If no involvement for a particular issue is indicated, then standard statements to that effect from Part 2, Chapter 4 of the PD&E Manual will be included in the Environmental Document. Page 56 of 66 201 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.1.1 Social • Community Cohesion: The CONSULTANT will identify and assess potential Project impacts on physical barriers, traffic pattern changes, social pattern changes, and loss of connectivity to community features and facilities. • Special Community Designation: The CONSULTANT will identify and assess potential Project impacts on schools, churches,parks, emergency facilities, social services, daycare facilities, retirement centers, community centers, and retail locations. • Safety/Emergency Response: The CONSULTANT will identify and assess potential Project impacts on the creation of isolated areas; emergency response time changes; and location of police, fire, emergency medical services, healthcare facilities, and government offices. • Demographics: The CONSULTANT will identify and assess potential Project impacts on minority, LEP persons, disabled persons, low-income populations, and/or special populations within the Project area. • Community Goals and Quality of Life: The CONSULTANT will identify and assess potential Project impacts on social value changes and compatibility with community goals and vision. 5.1.2 Economic Resource is not present or is present but will not be impacted This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.1.3 Land Use Changes This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.1.4 Mobility The CONSULTANT will evaluate potential Project impact on mobility and accessibility with regard to all transportation modes (i.e.,pedestrian, bicycle, transit and vehicle) in the Study Area. 5.1.5 Aesthetics The CONSULTANT will evaluate and summarize the Project's effect on viewshed and vista, community focal points, historic structures, landmarks, and community character in accordance with the PD&E Manual. Page 57 of 66 202 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.1.6 Relocation Potential This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.2 CULTURAL RESOURCES The CONSULTANT will prepare a Research Design and Survey Methodology for the project, to be submitted to the DEPARTMENT for approval prior to the initiation of field work. The CONSULTANT shall identify and map out the zones of probability for the Project Study Area, and identify any previously recorded resources. The Area of Potential Effect(APE)will be determined (including pond sites). The CONSULTANT will summarize each of the cultural resource issues in the Environmental Document. If noninvolvement for a particular issue is indicated, then a statement to that effect will be included. The CONSULTANT will use a professional qualified under the provisions of 36 CFR 61 in compliance with the National Historic Preservation Act of 1966(Public Law 89-665, as amended) and the implementing regulations (36 CFR 800), as well as with the provisions contained in Chapter 267, Florida Statutes, to perform all work in this task. The CONSULTANT will assess the direct and indirect effects and will document the severity of the following items in the Environmental Document and Project file: 5.2.1 Archaeological and Historic Resources The CONSULTANT will identify and analyze impacts to archaeological sites and historic resources within the Project's Area of Potential Effects (APE). The APE must include potential pond sites. The CONSULTANT will prepare a research design methodology and perform a Cultural Resources Assessment Survey in accordance with Part 2, Chapter 8 of the PD&E Manual. All work will be documented and coordinated with appropriate agencies as per Part 2, Chapter 8 of the PD&E Manual, and the DEPARTMENT's Cultural Resource Management Handbook. In addition, attendance at public meetings may be required. The CONSULTANT will review and address any resources issues or comments by the State Historic Preservation Office (SHPO) listed in the Programming Screen Summary Report. The CONSULTANT will assist the DEPARTMENT in meetings by providing technical support in Section 106 Meetings, such as Cultural Resource Committee Meeting. The CONSULTANT will prepare Cultural Resources Assessment Survey (CRAS) documentation detailing the results of the survey and assessments of resource significance, including a Florida Master Site File (FMSF) form. The Research Design Page 58 of 66 203 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY and Survey Methodology and the Pond Site Technical Memo will be included in the CRAS appendix. 5.2.2 Recreational, Section 4(f) • Section 4(f) Determination of Applicability: The CONSULTANT will complete the documentation and coordination required for a Section 4(f) Determination of Applicability in accordance with Part 2, Chapter 7 of the PD&E Manual. • Section 4(f) "de minimis" Documentation: The CONSULTANT will prepare Section 4(f) "de minimis" documentation in accordance with Part 2, Chapter 7 of the PD&E Manual. 5.3 NATURAL RESOURCES The CONSULTANT will assess and summarize each of the natural resource issues in the Environmental Document. If no involvement for a particular issue is indicated, then a statement to that effect will be included. The CONSULTANT will identify the natural resource evaluation area. The CONSULTANT will assess the direct and indirect effects and will document the severity of the following items in the Environmental Document and project file: 5.3.1 Wetlands Wetlands and Surface Waters: The CONSULTANT will identify the type, quality, and function of wetlands, or reference previously completed documentation relevant to the Project. The CONSULTANT will establish Uniform Mitigation Assessment Method (UMAM) for representative wetlands in accordance with Part 2, Chapter 9 of the PD&E Manual. The CONSULTANT will evaluate alternatives that avoid wetland impacts and, where unavoidable, identify practicable measures to minimize impacts. Any impact to wetlands requires development of a Conceptual Mitigation Plan. The CONSULTANT will document the results of a Wetlands Evaluation in the Natural Resources Evaluation (NRE) Report to document all coordination activities with resource agencies, wetland impact assessment, and mitigation analysis. 5.3.2 Essential Fish Habitat The CONSULTANT will conduct field review, survey, and appropriate coordination with resource agencies to assess impacts to essential fish habitat(EFH) in accordance with Part 2, Chapter 11 of the PD&E Manual. The CONSULTANT will prepare the EFH Assessment as a component of the NRE to document potential adverse effects to EFH and measures to address those effects. Page 59 of 66 204 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.3.3 Wildlife and Habitat Analysis and Report: The CONSULTANT will perform research, field reviews, survey, and coordination necessary to determine Project involvement with and any potential impacts to federal and state protected, threatened or endangered species and their habitats. Additionally, the CONSULTANT will develop a study design (which will be approved by the DEPARTMENT)to evaluate the magnitude of Project involvement with wildlife and their habitat. If required, the CONSULTANT will prepare the Biological Assessment as a part of the NRE. The CONSULTANT will assess project's potential impacts to wildlife and habitat in accordance with Part 2, Chapter 16 of the PD&E Manual. The CONSULTANT will assist the DEPARTMENT in consultations, if required. Conservation Measures and Mitigation Plan: The DEPARTMENT Project Manager will provide a description of the habitat conservation measures to be considered. The CONSULTANT will provide an analysis of wildlife and habitat conservation measures. 5.3.4 Natural Resource Evaluation Report The CONSULTANT will document the results of the Wetlands and EFH, Wildlife and Habitat, evaluations in a Natural Resources Evaluation (NRE)report in accordance with Part 2, Chapter 16 of the PD&E Manual. 5.3.5 Water Quality The CONSULTANT will evaluate the data for and document water quality in the Water Quality Impact Evaluation (WQIE) Checklist in accordance with Part 2, Chapter 11 of the PD&E Manual. 5.3.6 Special Designations The CONSULTANT will evaluate the data for and document the following special designations if applicable: Outstanding Florida Waters, Wild and Scenic Rivers, Aquatic Preserves, Coastal Barrier Resource, and Scenic Highways, in accordance with Part 2, Chapters 5, 10, 12, and 15 of the PD&E Manual, respectively. 5.3.7 Identify Permit Needs The CONSULTANT will review the Programming Screen Summary Report and identify permits required for the project. Page 60 of 66 205 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY The CONSULTANT will perform activities that will inform and accelerate the permitting process, including activities to acquire permits during PD&E(as required by the DEPARTMENT). Potential permits include: ERP from SFWMD, Florida Keys National Marine Sanctuary Permit, FDEP NPDES, FDEP TIITF Easement Modification, USCG Bridge Permit/Bridge Project Questionnaire, and USACE Section 404 Permit and Section 10 Permit. 5.3.8 Farmland This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.4 PHYSICAL EFFECTS The CONSULTANT will summarize each of the physical effect issues in the Environmental Document. If no involvement for a particular issue is indicated, then a statement to that effect will be included. The CONSULTANT will identify the physical effect evaluation area. The CONSULTANT will assess the direct and indirect effects and will document the severity of the following: 5.4.1 Noise The CONSULTANT will perform the noise analysis, noise abatement evaluation, and assessment of construction noise and vibration in accordance with the Part 2, Chapter 18 of the PD&E Manual and the current version of FDOT's Traffic Noise Modeling and Analysis Practitioner's Handbook. The CONSULTANT will attend a noise study methodology meeting with the DEPARTMENT prior to beginning analysis. The CONSULTANT will document methodology and results of noise analysis and noise abatement evaluation in the Noise Study Report (NSR). The CONSULTANT will provide an electronic copy of the NSR, in PDF format, as well as all Traffic Noise Model (TNM) input/output files, and "readme" file that support the information documented in the report. If the Project is determined to be a Type III project, the CONSULTANT will document that in the Project File. 5.4.2 Transit Noise and Vibration Analysis This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. Page 61 of 66 206 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY 5.4.3 Air Quality This resource is not present or will not be impacted by the project. The CONSULTANT must verify and record in the Environmental Document. 5.4.4 Construction Impact Analysis The CONSULTANT will evaluate and document the potential impacts of construction of the Project alternatives in accordance with Part 2, Chapter 3 of the PD&E Manual. 5.4.5 Contamination The CONSULTANT will gather data, review data, and investigate contamination issues within the limits of the project and identify potentially contaminated sites in accordance with Part 2, Chapter 20 of the PD&E Manual. The CONSULTANT will document data reviewed, findings, risk rating of potential contamination sites, and recommendation for additional assessment actions in the Contamination Screening Evaluation Report. 5.5 CUMULATIVE EFFECTS EVALUATION The CONSULTANT will perform and document cumulative effects evaluation of each resource of concern identified based on context and in consultation with the DEPARTMENT as per the process outlined in the Cumulative Effects Evaluation Handbook. The cumulative effects evaluation should build upon information derived from the direct and indirect effects analyses. 5.6 PROJECT COMMITMENTS RECORD The CONSULTANT will assist the DEPARTMENT in filling out Form No. 700-011-35 Project Commitments Record(PCR)to document project commitments in the Commitments section of the Environmental Document. DEPARTMENT Procedure 700- 011-035 will be used by the CONSULTANT for recording the project commitments. The CONSULTANT will forward the completed PCR form to the DEPARTMENT Project Manager. 6.0 ENVIRONMENTAL DOCUMENT The CONSULTANT will assist the DEPARTMENT in preparing an Environmental Assessment in accordance with Part 1, Chapter 6 of the PD&E Manual. If after completing the EA, FDOT Office of Environmental Management determines that there are no significant impacts resulting from the project, the CONSULTANT under the Page 62 of 66 207 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY direction of the Department will prepare a Finding of No Significant Impact(FONSI) in accordance with Part 1, Chapter 7 of the PD&E Manual for review and approval by FDOT Office of Environmental Management. If the EA discovered that the project would result in significant impacts, the DEPARTMENT will upgrade the project to an Environmental Impact Statement(EIS). 7.0 METHOD OF COMPENSATION Payment for the work accomplished will be in accordance with Exhibit B of this contract. The DEPARTMENTS Project Manager and the CONSULTANT will monitor the cumulative invoiced billings to ensure the reasonableness of the billings compared to the study schedule and the work accomplished and accepted by the DEPARTMENT. The DEPARTMENT Project Manager will decide whether work of sufficient quality and quantity has been accomplished by comparing the reported Scope of Services percent complete against actual work accomplished. Payments will not be made that exceed the percentage of work identified in the approved payout curve and schedule provided. The CONSULTANT shall provide a list of key events and the associated total percentage of work considered to be complete at each event. This list shall 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 DEPARTMENT. Page 63 of 66 208 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "B" FINANCIAL SUMMARY The Department's Work Program allocates the following funding, programmed under Financial Project Number 453765-1-22-01 for PD&E Study completion: Fiscal Year Amount Fund Type 2025 $ 1,863,200 CD23, CONGRESS GF EARMARKS HIP 2023 2025 $ 1,447,800 LF, LOCAL FUNDS COUNTY's Financial Responsibility: $ 1,447,800 Page 64 of 66 209 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "C" PARTICIPANT'S RESOLUTION To be herein incorporated once approved by the Participant's Commission. Page 65 of 66 210 LOCALLY FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY EXHIBIT "D" THREE PARTY ESCROW AGREEMENT To be herein incorporated once approved by the Department's Office of the Comptroller. Page 66 of 66 211 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), Monroe County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: CARD SOUND ROAD BRIDGE FROM MILEPOST 5 TO MILEPOST 6.242 Project#: 453765-1-22-01 County: Monroe WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account 212 shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. 213 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FOC)T-OC)C (si0nsdure) For PARTICIPANT (si0nsdure) Name and Title Name and Title 59-3024028 59-0OOO749 Federal Emp|oyer |.O. Number Federal Emp|oyer |.O. Number Oahe Oahe FO(�T LS0@| Review: mmmmecomv�^�nams' ^SNT^NTc DATE For Escrow Agent (si0nature) Name and Title Date 214