SCOPE OF SERVICES DISTRICT WIDE UTILITIES CONTRACT FOR MISCELLANEOUS PROJECTS Contract No. A. OBJECTIVE The DEPARTMENT desires to obtain services from the consultant for performance of utility negotiation work including, but not limited to: 1. 2. 3. 4. 5. Identification of existing/proposed utility facilities. Assist in the determination of eligibility of compensable interests. Resolution of conflicts between utility facilities and proposed construction. Documentation of Utility Agency Owner (UAO) activities for the project's special provisions plans and notes. Securing all necessary executed agreements to clear projects for letting as stipulated by State and Federal guidelines. B. SERVICES To provide additional support staff on an as needed basis. Provide phase reviews of construction plans, attend project development meetings on projects developed by the District in-house design staff and provide overview on project management assignments where the Design Consultant is responsible for the actual Utility Coordination. The following procedures are general for all projects; one or more of the steps may not be necessary depending on the scope of the particular project. The necessary steps will be identified and a schedule of utility activities set, with approval of the District Utility Administrator. 1. Preliminary Utility Meeting – At a minimum of three (3) weeks prior to the meeting, the CONSULTANT shall prepare a formal State Statute letter issuing two (2) sets of preliminary plans to each UAO having facilities located within the project limits and one set to the DEPARTMENT offices as required by the District. Representation at the meeting should consist of all Utility Agency Owner’s (UAO’s), Project Manager and support services as necessary. The CONSULTANT will moderate the meeting and discuss the projects design with particular emphasis on design elements that historically impact utilities. Additional discussion on special construction activities, project scheduling and agreement options available, shall be addressed. Based on commitments made at the Preliminary Utility Meeting, the CONSULTANT shall prepare and distribute minutes and a recommended course of action to accomplish each item to each utility located on the project. 1 2. Utility Meeting At a minimum of three (3) weeks prior to the meeting, the CONSULTANT shall prepare a formal State Statute letter issuing two (2) sets of plans to each UAO having facilities located within the project limits and one set to the DEPARTMENT offices as required by the District. The CONSULTANT will moderate the meeting and discuss alternate relocation schemes, design modifications and scheduling of construction activities with each UAO. Representation at the meeting should consist of all Utility Agency Owner’s, Project Manager and support services as necessary. The CONSULTANT will moderate the meeting and discuss the projects design with particular emphasis on design elements that historically impact utilities. Additional discussion on special construction activities, project scheduling and agreement options available, shall be addressed. Based on commitments made at the Preliminary Meeting, the CONSULTANT shall prepare and distribute minutes and a recommended course of action to accomplish each item to each utility located on the project. Four to six weeks, on an average, shall be allowed for the Utility to respond with their color coded plans submittal. 3. Scheduling of Activities - The District Utility Administrator will establish appropriate deadlines for each phase or activity on an individual project basis. The CONSULTANT shall be responsible for completing each phase or activity within the established time frames. The CONSULTANT will be expected to schedule individual or group meetings, field reviews and/or office visits as necessary to meet established dates. 4. Review of Work - A Bi-weekly written report (Status Sheet) will be submitted to the District Utility Office on projects assigned to the CONSULTANT. The status sheet shall be updated as each Utility’s information is received and reflect a date of when each outstanding UAO is expected to be finished. 5. Final Agreements to Utilities - The CONSULTANT shall transmit the necessary legal drafts and documents to each Utility/Agency as required. 6. Review and Acceptance – Review utility marked plans individually as they are received for content and coordinate review with the designer. Send color markups and schedule to the appropriate DEPARTMENT office(s) for review and comment. 2 The Utility Coordinator will be responsible for providing documented QC/QA to be submitted with each utility deliverable. This is to consist of written review comments with resolution. Once all Utility Work Schedules are received, some form of scheduling tool that shows the relationship of the Utility Work Schedules to each other and to the construction schedule shall be provided to both the District Utility Office and appropriate Construction Office. 7. Utility Work by Highway Contractor (UWHC) Agreements – The CONSULTANT shall be responsible for preparing the necessary agreements for all types of UWHC Agreement as requested by the Utility Agency Owner. The CONSULTANT shall be responsible for coordination of the utilities designated work with the Department’s Utility Office and Project Manager to assure that the utilities proposed installations are correctly shown or referenced in the Highway Construction Plans. This shall include, the collection of Utility developed plan packages for distribution to the District Office along with respective review units of 60% (Phase II), 90% (Phase III), Specification Phase and final signed and sealed plan packages. The CONSULTANT will hold a Kickoff meeting with the UTILITY and their designer to fully explain the UWHC process, schedules and the agreement. This shall be done immediately after a UTILITY expresses interest in proceeding with a UWHC and the CONSULTANT obtains a letter from the UTILITY stating that they wish to participate in a UWHC, along with a realistic estimate of the cost of all work to be included. The CONSULTANT shall be responsible for the collection of the DEPARTMENT’s review comments and returning them to the utility in a timely manner. The CONSULTANT shall coordinate with the District Utility Office to secure a Financial Project Number for the UTILITY’s proposed work. The CONSULTANT will be responsible to load the correct pay item numbers with quantities into the DEPARTMENT’s computer system for each UWHC. The CONSULTANT will be expected to schedule the UTILITY’s UWHC work, with the assistance of the District Utility Office, to establish time frames of phase reviews to complete the UWHC project within the DEPARTMENT’s project schedule. The CONSULTANT shall assist with picking up and/or delivering the funds for advance payment of the UTILITY’s UWHC to the District Utility Office, if requested. 3 8. Certification The CONSULTANT shall certify to the District Utility Administrator the following: All utility negotiations (Full execution of each agreement, approved Utility Relocation Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on-site inspection was made and no utility relocation work will be involved. OR Plans were sent to the Utility relocations/adjustments are required. Companies/Agencies and no The CONSULTANT shall verify that all correspondence relating to utility coordination has been submitted to the District Utility Administrator at the time of certification. C. FDOT RESPONSIBILITIES The Florida Department of Transportation will furnish any or all of the following items as appropriate for performance of the required services: 1. The DEPARTMENT's District Utility Office shall make available all necessary agreements, utility work schedules and other documents required to clear utility negotiations on each project. 2. Project plans, which shall include, but not be limited to, 30% prints, initial review set, multiple utility sets and plans required for preparation of special agreements, if available. 3. The DEPARTMENT's District Utility Administrator shall be the single point of contact for the Department of Transportation for this contract. 4. While it is expected that the CONSULTANT shall seek and receive advice from various state, regional and local agencies, the final direction on all matters of a technical nature will remain with the District Utility Administrator. However, all matters pertaining to contract administration lie with the District Professional 4 Services Administrator. 5. D. All correspondence on file which is determined by the DEPARTMENT to be relevant to the utility negotiations. CONSULTANT PERSONNEL The CONSULTANT's work shall be performed by the key personnel identified in the technical/fee proposal presentation by the CONSULTANT. Any change in the indicated personnel or the CONSULTANT's office-in-charge-of-work as identified in the CONSULTANT's proposal shall be subject to review and approval by the DEPARTMENT. The Design Consultant shall insure FDOT standards, policies, procedures, and design criteria are followed concerning utility coordination. The FDOT standards, policies, procedures, and design criteria are contained in the current adopted Design Standards, Standard Specifications for Road and Bridge Construction, Rule 14-46.001 (Utility Accommodation Manual), Utility User’s Guide, and any Supplemental Specification, Provision, or Agreement attached to this Contract. The Design Consultant may employ more than one individual or utility engineering consultant to provide utility coordination and engineering design expertise. The Design Consultant shall identify a dedicated person responsible for managing all utility coordination activities. This person shall be contractually referred to as the Utility Coordination Manager and shall be identified in the Design Consultant proposal. The Utility Coordination Manager shall be required to satisfactorily demonstrate to the FDOT District Utilities Administrator that they have the following knowledge, skills, and expertise: 1. A minimum of 4 years of experience performing utility coordination in accordance with FDOT, FHWA, and AASHTO standards, policies, and procedures. 2. A thorough knowledge of the FDOT plans production process and District utility coordination practices. 3. A thorough knowledge of FDOT agreements, standards, policies, and procedures. The Utility Coordination Manager shall be responsible for, but not limited to, the following: 1. Making sure Utility Coordination and design is conducted in accordance to the FDOT, FHWA, and AASHTO standards, policies, procedures, and design criteria. 2. Assisting the engineer of record in identifying all existing utilities and coordinating any new installations. 3. Scheduling and performing utility coordination meetings, keeping and distribution of minutes/action items of all utility meetings, and ensuring expedient follow-up on all unresolved issues. 5 4. Assisting the Engineer of Record with resolving utility conflicts. a. A Conflict Matrix itemizing utility conflicts by company, shall be developed by the EOR and the Utility Coordinator, and sent to each utility within the limits of the project. b. The EOR and the Utility Coordinator shall determine areas of apparent potential conflict and schedule *survey to confirm whether or not a conflict exists and degree of conflict. *Survey is not the responsibility of the CONSULTANT, the CONSULTANT shall use resources currently established. 5. 6. E. Distributing all plans, conflict matrixes and changes to affected utility owners and making sure this information is properly coordinated. Identifying and coordinating the completion of any FDOT or utility owner agreement that is required for reimbursement, or accommodation of the utility facilities associated with the project. 7. Review and certify to the District Utilities Administrator that all Utility Work Schedules are correct and in accordance with the Department’s standards, policies, and procedures. 8. Prepare, review and process all utility related reimbursable issues inclusive of betterment and salvage determination. 9. The Consultant’s utility coordination work shall be performed and directed by the identified Utility Coordination Manager that was identified and approved by the District Utility Administrator. Any proposed change, of the approved Utility Coordination Manager, shall be subject to review and approval by the District Utility Administrator prior to any change being made in this contract. 10. The CONSULTANT firm shall have the ability to provide the District Utility Office with on-site support personnel on an as-needed basis. LEGAL PROCEEDING The CONSULTANT shall serve as an expert witness in any legal proceeding if required by the DEPARTMENT. The fee for these services shall be established if, and when, they are needed. F. ERRORS AND/OR OMISSIONS The CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of all services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or 6 deficiencies in its services. The CONSULTANT shall be responsible without additional compensation for all errors and/or omissions (and approved corrections of same) that result from said firm's substandard performance of the services described herein. G. CONTRADICTIONS In the event of a contradiction between the provisions of this scope and the CONSULTANT's Technical Proposal, the provision of this scope shall apply. H. SUBCONTRACTING Should the CONSULTANT require the services of a specialist for specialty work, the CONSULTANT is authorized to subcontract these services under the provisions of the Standard Professional Services Agreement. Firms selected for subcontracts must be approved in writing and qualified by the DEPARTMENT prior to the CONSULTANT authorizing any such work. The CONSULTANT shall be fully responsible for the satisfactory performance of all subcontracted work. I. GENERAL 1. The CONSULTANT's submittal shall be accurate, legible, and in accordance with the DEPARTMENT's standards. For recommendations concerning utility negotiations, the CONSULTANT shall refer to the current editions of the DEPARTMENT's Plan Preparation Manual, Standard Specifications for Road and Bridge Construction, Utility Procedures Manual, Utility Accommodation Manual and all other applicable manuals necessary for the performance of any portion of the utility coordination/negotiation and as determined by the DEPARTMENT as necessary for applicable assignments. 2. It shall be the CONSULTANT's responsibility to acquire and utilize the necessary DEPARTMENT manuals, policies, procedures, etc. and all updates to them. 3. The CONSULTANT shall also prepare and distribute minutes of all meetings the CONSULTANT attends relative to the project, including the contract kickoff meeting. 4. The CONSULTANT shall submit his man-hour and fee estimate proposal for each project within three (3) working days of receipt of the Department’s request for the same. 5. The CONSULTANT shall start working on assignments no later than seven (7) working days of the latter of the following two events: after receipt of the Department’s LOA or receipt of the Department’s plans. 7