the organization chart below ... - harborbaycdd.org · being your engineer brings you the following...

HARBOR BAY CDD

EXHIBIT TO 1-26-27 MINUTES:

• Proposals for District Engineer • Discussion regarding Funding Priorities (December Cash Position

Analysis) • Langan’s Answers to Outstanding Seawall Questions

Harbor Bay

Community Development District

January 24, 2017

Pro

fessio

nal E

ng

ineeri

ng

Serv

ices

380 Park Place Blvd Suite 300 Clearwater, FL 33759

Phone 727 531 3505 Phone 800 861 8314 Fax 727 431 1777

www.cardno.com

January 24, 2017

Mr. Joe Roethke, District ManagerHarbor Bay Community Development DistrictRizzetta & Company, Inc.12750 Citrus Park Lane, Suite 115Tampa, Florida 33625

RE: Professional Engineering ServicesHarbor Bay Community Development District

Dear Mr. Roethke:

Cardno is pleased to submit this qualification package for professional engineering services for the Harbor BayCommunity Development District (District). The professional and technical engineering assistance that the Districtrequires for the Miscellaneous Professional Engineering Services include all facets of engineering, planning,construction, administration/inspection, environmental/ecological, surveying, regulatory compliance, drainagesystem inspection, which we can easily supply. We have an experienced and available team of professionals thathave successfully provided these types of services and greatly look forward to being your engineering servicesconsultant.

The scope of services requires a consultant firm that has the technical and administrative services experience andresources to meet your needs. Cardno is that firm and will serve as an extension of your staff and provide a depth ofresources to serve all the District’s engineering and planning needs.

Being your Engineer brings you the following benefits:

Cardno’s team of engineering, planning, and environmental staff identified for this project specialize in all areasrequired to successfully complete any assignment under this Miscellaneous Professional Engineering Servicescontract. Cardno offers you the following based on our understanding of your key needs:

Small Team, Large Resources, Local Headquarters – As your locally based consultant (Clearwater andBrooksville), the Cardno team assigned to this project is available and familiar with the area and type of servicesrequired by the Community Development District.

Cost-Conscious Measures – Knowing that budgets are tight and needs remain constant, our engineers havenumerous years of experience in finding innovative, cost-conscious and sustainable solutions.

Experience – The staff assigned to the District have many years of practical experience in the engineering fieldand are familiar with local regional and State regulatory agencies. We have experience in design, permitting,construction, inspection and regulatory compliance in areas of roadways, drainage, entry features, gate systems,landscaping and other public improvements.

Thomas Burke, P.E. and Greg Woodcock, will be your Project Manager and Assistant Project Manager respectively.Each has experience in providing the types of engineering services outlined in the District’s requests forqualifications.

Provided in the following pages are the resumes of several key staff and project descriptions that highlight our abilityto provide you with all the necessary professional engineering services. Also provided is our rate structure.

Sincerely,Cardno, Inc.

Doug Stoker, PEPrincipal-in-Charge

HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT

HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT | JANUARY 2017

Management and Technical Staff Ability The Organization Chart below illustrates the various roles to be performed.



KEY PERSONNEL

Cardno associates are designated as key personnel for this contract. They are available to whatever extent is deemed necessary by the District. Our key personnel are all located in our Brooksville and Clearwater offices.

Doug Stoker, PE Principal-in-Charge / Transportation Work Assignment

Manager Mr. Stoker currently serves as Cardno’s Transportation Group Business Manager responsible for the day-to-day operations of the roadway, structures and traffic/transportation operations groups. He has extensive experience in all aspects of surface transportation analysis and design. He has a long history of bridge and structures design as well as project management on conventional and design/build projects. Mr. Stoker’s 22 years of experience includes serving as Engineer of Record and/or Quality Assurance Manager for numerous roadway projects from design for widening, resurfacing, restoration and rehabilitation to reconstruction for small rural, large urban roadways, and interstates. He has also provided quality control/assurance for a wide variety of projects. These include anything ranging from system to system interchanges to trail alignment studies.

Tom Burke, PE Project Manager Mr. Burke is an environmental engineer experienced in site development and permitting through local, state, and federal agencies; environmental resource permitting (ERP) through various Water Management Districts; water resources evaluation and management studies; and noise and air quality monitoring, modeling, and permitting. He has served as the Engineer of Record on numerous development projects ranging from small residential and commercial sites through multiple-lot subdivisions and commercial parks. Construction document experience includes preparation of master site plans, dimension plans, utility plans, paving, grading, and drainage plans, details & specifications, bid document preparation, and permitting. Water resources experience includes surface water hydrology and nutrient loadings studies and design and implementation of large-scale surface water monitoring programs. His air resources experience includes mobile and stationary source emission inventories and dispersion modeling for Development of Regional Impacts (DRIs) studies and developing noise monitoring plans for compliance analysis. Environmental documentation experience includes preparation of a number of Environmental Assessments (EAs) and Impact Statements (EISs).

Greg Woodcock Assistant Project Manager Mr. Woodcock has 18 years of experience working on both public and private sector development projects. Developed projects from conceptual design through construction including all phases of plan development; permitting through local and federal agencies; water resources evaluation and management studies; stormwater modeling and CADD design. He has served as project manager on numerous projects ranging from municipal drainage improvements and parks through large complex watershed restorations. He also has experience with contract document and post-design service experience; cost opinion estimates; detail and specifications; bid document preparation; shop drawing reviews; pay application review, and field inspections and documentation.



Bob Brown, PE, PhD, PMP, BCEE, LEED AP-ND QA/QC Dr. Brown has extensive experience in a broad range of Civil Engineering Disciplines. He has been the Engineer-of-Record for streets and roadways, traffic calming, water and wastewater facilities, timber structures and drainage improvement projects. He has also been the Project Manager and Engineer-of-Record for 15 value engineering studies that have saved agencies over $100 million. Dr. Brown’s projects have been recognized by three State APWA awards, two State FICE awards and several regional awards. He has also been qualified as an expert witness in civil engineering in Florida. Dr. Brown heads our internal quality improvement team for the project management system. He is a trained internal auditor for ISO-9000 compliance. He also has had accredited graduate-level courses in quality assurance and quality control.

Allen Dethloff, PE Utility Infrastructure Work Assignment Manager Mr. Dethloff has a variety of experience in civil engineering, process mechanical engineering, permitting and construction management. Projects have included water disposal facility design, chemical feed system layout, pumping station design/improvements, stormwater management design, and pipeline design. While gaining engineering experience, Mr. Dethloff has also developed professional contacts with clients, other consultants, contractors, equipment manufacturers and vendors, as well as staff at various state and local government agencies.

Miles Ballogg Environmental / Brownfields Work Assignment Manager Mr. Ballogg serves as the Environmental / Brownfields and Economic Development Director for Cardno. He assists public and private sector clients with land redevelopment programming, assessment and remediation, specifically in environmentally-blighted areas. Miles has been involved in the implementation of both Federal and state brownfields programs for over 21 years. His Brownfields Program Management includes programmatic support, technical assistance and project coordination for numerous Brownfield Redevelopment Projects utilizing EPA Assessment, Cleanup and Revolving Loan funding. He has developed Quality Assurance Management Plans (QAMP) for the City of Clearwater, Pinellas County, City of Tampa, City of St. Petersburg and the Treasure Coast Regional Planning Council. In addition, he has provided project assistance and/or Quality Assurance Project Plans (QAPP’s) for the City of Clearwater including Joe DiMaggio Field, Clearwater Automotive and Community Sports Complex, and other sites in the local area.

Bryan Zarlenga, PE Facility Design & Planning Work Assignment Manager Mr. Zarlenga has more than 24 years of experience working on both public- and private-sector transportation and development projects. His work as a project engineer and project manager has enabled him to deliver projects on schedule and within budget. Mr. Zarlenga serves as Director for the Site Development Group within the structure of the Engineering and Environmental Services for Cardno. He specializes in site development, permit expediting, construction phase services and project management. He has served as Project Director/Manager for numerous public facility planning and design projects including site design, concept planning, permitting, technical specifications, contract administration, and construction management. Projects have included Parks, Schools, Fire Stations, Public Utilities, Bus Terminals, Municipal Buildings, and special use facilities. Mr. Zarlenga is thoroughly familiar with the west central Florida area having successfully completed numerous site development projects throughout the region, particularly in Clearwater and Pinellas County.



Jack Richert, PE Construction Engineering & Inspection Work

Assignment Manager Mr. Richert has more than 8 years of experience in the design and construction engineering and inspection fields. He has served as a Highway Designer on Design Build projects and as an Inspector, Senior Inspector, Assistant Project Administrator and Project Engineer on Construction Engineering and Inspection contracts. He offers diversified experience in the field and management of day to-day CEI operations.

OTHER KEY STAFF

Utility Infrastructure Don McCullers, CLA Mr. McCullers has over 40 years of experience in utility infrastructure design. His expertise lays in the analysis of existing utility systems and the preparation of plans and specifications for the construction of new and rehabilitated water and wastewater treatment facilities, pump stations, water distribution systems, interceptor sewer systems, effluent disposal facilities and reclaimed water systems. He is thoroughly familiar with the City’s utility infrastructure having served as project manager for numerous projects throughout his career including US 19, wastewater collection system infiltration/inflow, Ulmerton Road utilities relocation, pump station refurbishments, and a wide variety of other projects for numerous Cities and Counties.

Ecological / Archaeological

Tim Neldner, PWS Senior Project Manager for environmental permitting and wetlands ecology. He has specialization in federal dredge and fill, state environmental resource permitting (ERP) and several local jurisdiction’s environmental permitting, including wetlands stormwater discharge, ecological assessment, wetland jurisdictional evaluations, wetland mitigation design, and aerial photographic interpretation.

GIS / Asset Management

Rick Bowers, PE, GISP As Director of GIS/Asset Management Services, he provides management services for sanitary sewers system evaluations, potable water master plans, rate studies, stormwater master drainage plans, and roadway right-of-way corridor preservation studies.

Survey / SUE Edward “Ned” Connolly, PSM Mr. Connolly oversees subsurface utility engineering, utility coordination and survey and mapping services throughout west, central and south Florida. He has provided utility coordination services and SUE for numerous agencies.



Company Licenses



Minority Business Enterprise Status

Cardno, Inc. is not a Minority Business Enterprise.

However, we are fully committed to the use of minority- and women-owned businesses in conjunction with our contracts, and we meet or exceed any goals set forth by our clients. To illustrate our “track record” for minority involvement and utilization on previous or current projects with specific goals, Cardno has achieved minority participation well above the overall industry goal. It is the policy of this company not to discriminate against any disadvantaged / minority / woman-owned business enterprise because of race, color, national origin, sex, etc. It is our policy to maintain and ensure a working environment that is equal, unbiased, fair and productive for all project members, minority or not.

Willingness to Meet Time and Budget Requirements

Project controls encompass the people, processes, and tools used to plan, manage, and mitigate cost and schedule issues and any risk events that may impact projects. The most successful projects have well developed controls in place from start to finish. Such controls are crucial to the efficiency and performance of specific projects and the organization’s overall operations. Well-developed controls, monitored through each step of the process, ensure that timing and budget demands are met and that every participant knows their role in context of the project.

We will use Primavera P6 for project scheduling and resource allocation. Major work tasks will be planned as a series of subtasks, thereby accommodating a bottoms-up approach at the schedule development stage, a proper linkage of predecessor and successor activities, and an effective management tool to track and adjust schedules and to reallocate resources as the work proceeds.

The Project Manager, Assistant Project Manager and Work Assignment Managers will hold team meetings throughout the project, with a major emphasis placed on reviewing progress and discussing upcoming milestones. This close coordination and the working relationships among our Project Manager, Assistant Project Manager, Work Assignment Managers, and The District Manager also will help ensure timely project completion and general understanding of the Districts goals and budgets.

Location of Cardno’s Headquarters and Offices

All assignments for Harbor Bay Community Development District will be managed from our firm’s Florida headquarters office with major support from our Brooksville and Riverview offices. Their addresses:

Clearwater

380 Park Place Blvd. Suite 300 Clearwater, FL 33759 727.531.3505 (Main)

Brooksville Riverview

20203 Cortez Blvd. 3905 Crescent Park Drive Brooksville, FL 34601 Riverview, FL 33578 352.754.1240 (Direct) 813.664.4500 (Main)

Cardno’s Florida Office Locations



Current and Projected Workload

Our Team has over 160 staff members locally in the Tampa Bay area that can be called upon to successfully complete each work task assigned by the Harbor Bay Community Development District. Our available resources will allow us to assure schedule adherence and no gaps in labor commitment. All staff members will be available upon notice to proceed and will be committed to your various projects for the full duration.

This chart shows the staff commitments and availability for the next year. Our staff will be fully committed to meeting any of the Districts requested project’s requirements from start to finish.

Cardno offers the largest combination of pertinent resources available with the depth and breadth of personnel to effectively service the District's needs under this contract in a timely and cost-effective manner. Our cross-trained staff allows us to remain flexible such that full-time or part-time commitments of key staff to client projects can be accommodated.

The figure below provides a projection of staff availability over the next year.

Volume of Work Previously Awarded

Cardno has not been previously awarded any work from the Harbor Bay Community Development District.

43% 46% 48% 50%55% 58% 60% 62% 63% 65% 67% 68%

0%10%20%30%40%50%60%70%80%90%

100%Staff Commitments and Availability - 2017 - 2018

Commitments Availability

AUTHORIZED FOR LOCAL REPRODUCTION MANDATORY USE DATE OF FORM 6/2004 STANDARD FORM 330 (1/2004) PAGE 1

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S

QUALIFICATIONS FOR THIS CONTRACT(Present as many projects as requested by the agency, or 10 projects, If not specified.

Complete one Section F for each project.)

20. EXAMPLE PROJECT KEY NUMBER

121. TITLE AND LOCATION (City and State)

Encore Community Development DistrictTampa, FL

22. YEAR COMPLETEDPROFESSIONAL SERVICES

OngoingCONSTRUCTION (if Applicable)

Ongoing23. PROJECT OWNER’S INFORMATION

a. PROJECT OWNER

Encore Community DevelopmentDistrict

b. POINT OF CONTACT NAME

Christina Lang, District ManagerRizzetta & Company9428 Comden Field ParkwayRiverview, FL 33578

c. POINT OF CONTACT TELEPHONE NUMBER

813.533.2950

24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

The Encore Community Development District consists of 28 acres ofproperty located between downtown Tampa and Ybor City as a LEEDCertified, mixed-use, transit oriented community. At full build-out the$600 million project will provide a 1,500 mixed income residential units,200 hotel rooms, a 35,000 SF grocery store, 180,000 SF of office space,85,000 SF of retail space, a middle school, an African-American historymuseum and public parks and gathering spaces. This District is uniqueand inculdes many cost-saving and sustainable initiatives such as astormwater vault that will allow for the re-use of rainwater for irrigationinstead of potable water and includes a solar park to power the streetlights and other infrastructure.

Cardno, Inc. has been the District Engineer for Encore since 2010 withresponsibilities to guide the District Manager on all planning, design,permitting and construction activities undertaken by the District. Servicesbeing provided include planning, report preparation, design, constructiondocuments, construction administration, stormwater management facilities,water and sewer utilities, roadway, landscaping and other engineeringservices as may be required by the District.

Professional Fees: Varies

25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.

(1) FIRM NAME (2) FIRM LOCATION (City and State)

Clearwater, FL

(3) ROLE

Prime


F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’SQUALIFICATIONS FOR THIS CONTRACT

(Present as many projects as requested by the agency, or 10 projects, If not specified. Complete one Section F for each project.)



General Engineering ServicesOak Creek Community Development District


Ongoing

CONSTRUCTION (if Applicable)

Complete 2007

23. PROJECT OWNER’S INFORMATIONa. PROJECT OWNER

Oak Creek Community Development DistrictSevern Trent, District Manager2654 Cypress Ridge Blvd, Suite 101Wesley Chapel, FL 33544


Mark Vega


813.991.1116


The ±201 contiguous acres development served by the Oak Creek Community Development District is located in Pasco County,Florida. The District is located on Hand Cart Road just off SR-54. Current development plans for the District, which include Phases 1,2 and 3, call for approximately 550 single family residential units. The project will have a mixture of single family units, recreationfacilities, roadways, and surface water management system.

Cardno, Inc. has been the District Engineer for Oak Creek since2007 with responsibilities to guide the District Manager on allplanning, design, permitting and construction activities undertakenby the District. Services being provided include planning, reportpreparation, design, construction documents, constructionadministration, stormwater management facilities, water and sewerutilities, roadway, landscaping and other engineering services asmay be required by the District.


a.


Brooksville, FL

(3) ROLE

Prime







Waters Edge Community Development DistrictPasco County, FL




a. PROJECT OWNER

Waters Edge CommunityDevelopment District


Clifton Fischer, District ManagerRizzetta & Company5844 Old Pasco Road, Suite 100Wesley Chapel, FL 33544


813.991.1001


The Waters Edge Community Development District consists of 426acres of property located on Moon Lake Road in Pasco County. Thiscommunity is surrounding West Moon Lake which is a unique featurewithin the development.

Cardno, Inc. has been the District Engineer for Waters Edge since2015 with responsibilities to guide the District Manager on all planning,design, permitting and construction activities undertaken by theDistrict. Services being provided include planning, report preparation,design, construction documents, construction administration,stormwater management facilities, water and sewer utilities, roadway,landscaping and other engineering services as may be required by theDistrict.



a.


Brooksville, FL

(3) ROLE

Prime







Panther Trails Community Development DistrictHillsborough County, FL




a. PROJECT OWNER

Panther Trails CommunityDevelopment District


Christina Lange, District ManagerRizzetta & Company9428 Camden Field ParkwayRiverview, FL 33578


813.553.2950


The Panther Trails Community Development District encompassesapproximately 287 acres within the unincorporated area of southernHillsborough County, Florida. The District is located within Section 36,Township 30 South, Range 19 East, 1 mile west of 1-75 on SymmesRoad, a county maintained collector road and east of North Street acounty local road. The District is currently bounded by pasture andfarm land on the south; large lot residential mini-farms and fish farmponds on the east; Symmes Road on the north; and small lotresidential, greenhouse farming and North Street on the west. PantherTrails consists of 828 single family lots. Phase 2 of the developmentis currently under construction.

Cardno, Inc. has been the District Engineer for Panther Trails since2016 with responsibilities to guide the District Manager on all planning,design, permitting and construction activities undertaken by theDistrict. Services being provided include planning, report preparation,design, construction documents, construction administration, stormwater management facilities, water and sewer utilities,roadway, landscaping and other engineering services as may be required by the District.



a.


Brooksville, FL

(3) ROLE

Prime


F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS CONTRACT



5 21. TITLE AND LOCATION (City and State)

General Engineering ServicesClearwater, Florida

22. YEAR COMPLETED

PROFESSIONAL SERVICES

Ongoing since 1999



City of Clearwater100 S. Myrtle AvenueClearwater, FL 33756


Robert Fahey, PE


727.562.4608


Cardno provides a host of general engineering services to the City of Clearwater including:

Pipeline Design

Pump Station Design

Collection Systems Studies (I&I)

Transportation / Traffic Design

Drainage Improvements

Water Resources; Hydrology; Ground Water

Irrigation; Drainage

Construction Management

Environmental Impact Studies

Planning (Site, Installation and Projects)

Environmental Remediation

Hazardous Materials Management

GIS Implementation

Representative project experience includes:

Lift Station Improvements to Pump Stations 11, 16 and 35 Fire Station 45 – Fuel System

Sewer System Evaluation & Management Self Audit Head Start Facility Assessment

Sand Key Fire Station Design and Construction Planning (Site, Installation and Projects)

GIS Database Development Seafood Restaurant PAC Application

Ulmerton Road JPA Solid Waste Drainage Eval, Fuel Farm Upgrades

Utility Accommodation GIS Database Development – Roads and Parcels

US 19 / Drew Revised FDOT Plans GIS Database Development Easements

Clearwater Gas Design Memorial Causeway Bridge Groundwater Remediation

Allen’s Creek Rehabilitation Project Signal System Grand Application

SUE 3 Storm Monitors Ulmerton Road JPA

Countryside Boulevard Widening Design, Permitting South Beach Planning Analysis

AWT Odor Evaluation Pump Station 11 Force Main Directional Drill

Gravity Sewer Models USEPA CMOM / Self Audit

Former Clearwater Auto Salvage Site Brownfields Joe DiMaggio Field Environmental Site Assessment

East Gateway District Brownfield Reuse Plan Northwest Fire Station No. 51

Former Car Pro Site & Parcels Brownfields Ph I & II Brighthouse Field Brownfields Ph I & II ESAs

Phillip Jones Field Brownfields Ph I & II ESAs St. Vincent de Paul Property Brownfields Ph I & II ESAs

Wastewater Flow Monitoring & Model Recalibration Wastewater Downtown Utility Capacity Analysis

Pump Station 19 & 41 Rehabilitation Wastewater Master Plan Update

US 19 to Enterprise Road to Countryside Boulevard Utilities

Design & Post Design for Utility Relocation of Water, Reclaimed and Sanitary Sewer Facilities – US 19 from Whitney Road to north of SR 60

Fee: Varied with each project through the years


a.


Clearwater, FL

(3) ROLE

Prime

Pump Station 20 US 19 Utility

Relocations






General Engineering and NPDES ServicesIndian Rocks Beach, Florida

22. YEAR COMPLETED


Ongoing since 1990



City of Indian Rocks Beach1507 Bay Palm Blvd.Indian Rocks Beach, FL 33785


Dean Scharmen


727.595.6889


Cardno has been selected by the City of Indian Rocks Beach as their General Engineer Consultant to perform services as needed by the City. Services that have been provided include site plan review for drainage, planning and development support, SWFWMD stormwater management plans, SWFWMD certifications, parks and recreation site design, downtown improvement for multi-use facilities, drainage improvements and water & wastewater support. Projects include:

22nd Avenue / 1st Street Construction Services

Access Improvements - Business

Access Improvements – Beach

Streets and Access Management Standards

Outfall Relocation - 455 - 20th Avenue

Outfall Replacements and Repairs

Business Triangle Redevelopment Plan

Business District Overlay Zoning

Bridge Widening - SR 688 / 699

1997 Manhole Repairs

Master Drainage Plan

Mapping f Existing Force Mains

Lift Statin N. 1 Rehabilitation Design

Lift Statin N. 3 Renovations

CRS (Class 9 City)

Contamination Assessment Report - City Hall

General Services - CIP

Restaurant Parking Analysis

Development Review - Hamlin’s Landing

Development Agreement - Hamlin’s Landing

Grant Application - Gulf Boulevard

FEMA / CRS Repetitive Loss Plan

Sanitation Yard Improvements

Stormwater Management Project - 14th and 15th Avenue

The U.S. Environmental Protection Agency (EPA), in their efforts to comply with the Federal Clean Water Act, has delegated the responsibility of implementing the National Pollutant Discharge Elimination System (NPDES) stormwater program to the states and local governmental agencies. The goal of the NPDES program is to achieve a nationwide improvement in water quality of natural water bodies and estuaries. Cardno’s NPDES responsibilities include:

Public Education and Outreach

Public Participation and Involvement

Development of Stormwater Management Programs

Illicit Discharge Monitoring and Elimination

Construction Site Runoff Control

Inspectors and Staff Training and Education

Maintenance and Documentation

Program Management

Compliance Monitoring

GIS/Database Development

Stormwater Pollution Prevention Plans Preparation

Phase 1 & 2 Permitting

Construction Permitting

Water Quality Monitoring and Sampling

Inventory and Discharge Outfall Mapping

Post-Construction Runoff Control and Management

Annual MS4 Permit Reports

Professional Fees: Varied through the years


a.


Clearwater, FL

(3) ROLE

Prime






General Engineering ServicesLargo, Florida

22. YEAR COMPLETED


Ongoing


Ongoing


City of Largo201 Highland AvenueLargo, FL 33779


Michael Staffopoulos, PE


727.586.7454


Cardno provides a host of general engineering services to the City of Largo including. Cardno has assisted the City in obtaining a successful Grant Application for over $1.1 million.

Streets and Drainage Improvements

Water Resources; Hydrology; Ground Water

Irrigation; Drainage

Construction Management

Environmental Impact Studies

Planning (Site, Installation and Projects)

Environmental Remediation

Hazardous Materials Management


Rosery Road Widening

Lake Avenue Extension

Trotten Road Improvements

Clearwater-Largo Road Drainage Study

Sanitary Sewer Evaluation Study

GIS Implementation

Brick Street Rehabilitation

Belcher Road Soccer Complex

Pump Stations 12, 16, 39

Intersection Improvements

Sanitary Sewer I/I Program

Clearwater/Largo Road CRD Parking Lot Design

Lift Station 43 Final Design

Largo Mall Market Feasibility Study and Land Use Concept Plan

4th Street Reconstruction

Military Court of Honor Retaining Wall

Water Reclamation Facility Clarifier Rehabilitation

Clearwater-Largo Road Streetscaping

Professional Fees: $4.58M (since 2006)


a.


Clearwater, FL

(3) ROLE

Prime



Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.)


8

21. TITLE AND LOCATION City and State)

General Engineering Services Tarpon Springs, Florida


Ongoing

CONSTRUCTION If applicable)

N/A


City of Tarpon Springs, FL

201 E. Pine Street Tarpon Springs, FL 34689


Project Managers varied with each project


727.942.5608 (Engineering Dept.)

24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT Include scope, size, and cost.)

Cardno provides a host of general engineering and surveying services to the City of Tarpon Springs including:

Water / Wastewater GIS and Asset Management

Stormwater Management Construction Management

Roadway and Drainage Right-of-Way Services

Environmental Surveying

Groundwater Subsurface Utility Engineering

Planning Permitting


L & R Boulevard Extension

Union Academy Neighborhood Redevelopment Plan

Dr. Martin Luther King Drive Construction Management

Safford Avenue – Lemon to Meres Extension

Golf Course Sinkhole Evaluation

Walmart Traffic Impact Study

Wastewater CMOM

GIS and Asset Management Services

Environmental Impact Studies – Overstreet Lot Phase One and Two

Circle Drive Waterline Replacement – Survey

Potable Water Facilities

Sinkhole Investigation at Community Center

Compaction Grout at Community Center

Public Services Building Expansion

Landfill Monitoring Report

Lansden Court Pond Certification

Retaining Wall Investigation

SWFWMD Operation and Maintenance Inspection

Landfill Environmental Feasibility Study

Potable Water System Assessment

Community Redevelopment Area/Downtown Parking Lot

Sponge Docks Public Restroom

GPS Support

Landfill Monitoring

Professional Fees: Varied with each project.


a.

1) FIRM NAME 2) FIRM LOCATION City and State)

Clearwater, FL

3) ROLE

Prime






General Engineering ServicesPinellas County, Florida

22. YEAR COMPLETED


Ongoing



Pinellas County14 S. Ft. Harrison Ave.Clearwater, FL 33756


Nancy McKibben


727.464.4812


Cardno provides a host of general engineering services to Pinellas County including:

Roadway Design Sidewalk / Trail Design Stormwater Design

Surveying and Mapping Subsurface Utility Engineering Water Treatment and Distribution

Planning Petroleum and Fuel Water Resources, Hydrology

Environmental Remediation (Storage and Distribution) Groundwater

Environmental Impact Studies Construction Management Irrigation, Drainage

Environmental Assessments Hazardous Materials Management Utility Design

Environmental Statements Water Supply Key projects include:

US 19 Utility Relocation Survey FEMA Coastal Map SWDC Phase II

Keller Water Treatment Plant Miles Creek Channel Improvements

Waste-to-Energy Security Improvements Tarpon Woods Drainage

EQ Blower Re-installation Assessment and Design Walsingham Park Master Plan and Design

South Cross Bayou Water Reclamation Facility Major Drainage Easement Program

Pinellas Trail Loop Alignment Study Oakhurst Road Sidewalk and Drainage

Pinellas County Code Update Wall Springs Park Coastal Addition

Roadway Improvements - Highpoint Roadway Improvements - 62nd Avenue Roadway

Wall Springs Trail Relocation Utility Status Report - Bryan Dairy Road

Sidewalk - Cinnamon Hills Boulevard Utility Status Report - Joe’s Creek Bridge

Sidewalk - 68th Street Utility Status Report - Nebraska Avenue

Sidewalk - Wexford Leas Blvd. Drainage Improvements - 52nd Avenue at 108th Way

Sidewalk - MacGregor Drive Allen’s Ridge Outfall Replacement

Sidewalk - Highland Boulevard Walsingham Reservoir Enlargements and Drainage

Sidewalk - 113th Street PGEC Joe’s Creek Maintenance Dredging

Sidewalk and Trail - 119th Street Curlew Creek Topographic Survey and Redesign

Reclaimed Water Transmission Main Weedon Island Boardwalk

Sheriff’s Complex Water Main Extension Traffic Signal System / Plan Development

Stormwater System Rehabilitation - McMullen Booth Alligator Creek Channel A

East Lake Road Extension Design, Permits Curlew Creek Channel A

Bryan Dairy Road Improvements GIS - Stormwater at Lassow

ATMS / ITS Traffic GEC Starkey Road

Pinellas Trail NE Extension



a.


Clearwater, FL

(3) ROLE

Prime

Pinellas Trail NE Extension Bryan Dairy Road Walsingham Park McMullen Booth Road Railroad Crossing






General Engineering ServicesHernando County, Florida

22. YEAR COMPLETED


Ongoing



Hernando County21030 Cortez Blvd.Brooksville, FL 34601


Mark Morgan, PE


352.540.4368, ext. 35151


Cardno has been providing a variety of general engineering services to the County under a General Engineering Contract for over 12 years including:

Condition Assessment Hydraulic Modeling Construction Management

Treatment Plant Design Trenchless Technology Peer Review and Value Eng.

Pump Station Design and Rehab. Pipeline Assessment Asset Management / GIS

Storage Tank Design Odor Abatement > Water Treatment and Distribution

Transmission System Design Pipeline Rehabilitation Sanitary Sewer Evaluations

Sanitary Sewer Overflow Master Planning Permitting

Abatement Flow Meeting and Instrumentation > Water Resources, Hydrology

Utility Design > UWHCA Projects > Reclaimed Water Systems

Key projects include:

Airport WRF Improvements (1.0 mdg to 6.0 mdg) Numerous water, wasterwater, and reclaimed water pipeline

Capacity Management, Operation and designs (8-inch to 24-inch totaling over 22 miles)

Maintenance Study Numerous wastewater pumping stations Sewer Master Plan Submersible and booster to 1,800 gpm)

US 19 – FDOT Utility Work by Highway Contractor Spring Hill WWTP Odor Study (UWHCA) Water and Force Mains Designs



a.


Clearwater, FL

(3) ROLE

Prime


F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’SQUALIFICATIONS FOR THIS CONTRACT




General Engineering ServicesOldsmar, FL


Ongoing


Ongoing


City of Oldsmar100 State Street WestOldsmar, FL 34677


Lynn Rives


813.749.1261


Cardno has been retained to provide a variety of engineering services to the City of Oldsmar, including:

Water / Wastewater Transportation / Traffic Design / Intersection Improvements Drainage Improvements Irrigation; Drainage Construction Services Environmental Impact Studies Planning (Site, Installation and Projects) Environmental Remediation Hazardous Materials Management GIS Implementation Water Resources; Hydrology; Ground Water Landscape Architecture

Representative projects include:

Oldsmar Trail Master Plan and Design Commerce Boulevard and Douglas Road Canal Recreation Park and Trail Cypress Forest Park and Nature Trail St. Pete Drive Streetscaping East Lake Woodlands Preliminary Infrastructure Evaluation Environmental Site Assessment Pasco Site Phase I NPDES MS4 Support Bayview Boulevard Streetscaping and Bicycle Lanes City-Wide Parks Master Plan Commerce Boulevard Reclaimed Water Transmission Main Bicentennial & Fire Station Park Improvements

City-Wide Surveying Services Cypress Forest Park Reclaimed Water Transmission & Distribution System Olds Square Redevelopment Traffic Safety Study Bay Arbor Roadway Study Evaluation and Appraisal Report (EAR) for the Comprehensive Plan Annexation Reports

Professional Fees: Varied


a.


Clearwater, FL

(3) ROLE

Prime

Bayview Boulevard

Oldsmar Trail

2017 RATE SCHEDULE

RATE

$290

$205

$195

$170

$170

$165

$145

$135

$125

$120

$120

$110

$110

$110

$95

$85

$80

CLASSIFICATION

PRINCIPAL

PROJECT DIRECTOR

SENIOR PROJECT MANAGER

DEMOGRAPHER / ECONOMIST

SENIOR ENGINEER/ HYDROGEOLOGIST/ECOLOGIST

PROJECT MANAGER

BROWNFIELDS MANAGER

ASSISTANT PROJECT MANAGER

LANDSCAPE ARCHITECT

PROJECT ENGINEER / ENGINEER INTERN

BROWNFIELDS SPECIALIST

DESIGNER

PLANNER

SENIOR ENVIRONMENTAL TECHNICIAN

GIS SPECIALIST

ENVIRONMENTAL SCIENTIST/GEOLOGIST

FIELD TECHNICIAN

CLERICAL $80

For Expert Witness Testimony and related services, a surcharge of 50 percent will apply.

Effective Period: thru December 31, 2017

Rates are subject to adjustment as appropriate to compensate for inflation, cost of doing

business and/or changes in the workforce

3604 53rd Ave. East – Bradenton, Florida 34203

Phone: (941) 251-7613

Web: www.schappachereng.com

January 25, 2017

Mr Joe Roethke, District Manager Harbor Bay Community Development District Rizzetta & Company, Inc. 12750 Citrus Park Lane, Suite 115 Tampa, Florida 33625

Re: District Engineering Services

Dear Mr. Roethke:

Schappacher Engineering LLC is pleased to offer the Harbor Bay Community Development District a team well acquainted with Community Development District’s needs. Our project team consists of personnel who are not only extremely familiar with Community Development Districts, but also are experienced in providing community public works services. I have served as the District Engineer for multiple CDD’s both in my previous employment with Kimley-Horn and Associates, Inc. and since starting Schappacher Engineering LLC in 2009.

Schappacher Engineering LLC is presently teamed with the District Manager, Joe Roethke, at Harbourage at Braden River CDD and is teamed with District Attorney, Jere Earlywine at Palma Sola Trace CDD. We are teamed with Rizzetta & Company at Mira Lago West CDD in Ruskin. We are also teamed with Rizzetta & Company, Inc. at the following Bradenton communities: GreyHawk Landing CDD, Palma Sola Trace CDD, Waterlefe Golf and River Club CDD, TARA Preserve CDD and Heritage Harbour CDD. We are also teamed with Rizzetta & Company at Venetian Golf and River Club CDD in North Venice. We have worked very well as a team to serve each of our communities and take pride in offering you the best team possible.

As Communities age there is a growing need to address infrastructure, maintenance responsibilities and stormwater issues. Our tremendous experience serving special districts, combined with the broad range of expertise represented on our multidiscipline team, makes us the perfect fit for the Harbor Bay River Community Development District. We understand the role of District Engineer and the responsibility it entails and hope to demonstrate our services for the District. We have reviewed some available on-line documents for the Harbor Bay Community and see that there has been recent challenges with the sea walls / retaining walls installed throughout the community. Though not on the scale of the proposed undertaking of the community, we have experience with sea wall restoration to secure a failed segmented block retaining wall in the Waterlefe community.

Experienced Serving Other Special Districts. I will serve as your District Engineer and key point of contact. My more than 38 years (30 years of local practice) has given me opportunities to work on a wide range of projects involving all facets of civil engineering and land development in this area. I have served both public sector and private land development clients on projects including the design and construction of sanitary sewer and stormwater management systems,


Phone: (941) 251-7613


and roadways, in addition to serving as our construction phase services manager for numerous private and public projects. In addition to our existing CDD’s, we have provided District Engineer Services for Storm System Improvements for Grand Hampton CDD in New Tampa and we recently established a new CDD for Cone Ranch South, a community with a proposed unit count exceeding 1,000 homes in Parrish. In my previous employment I also served as the District Engineer for Stoneybrook at Venice CDD in Sarasota.

Our proposed team offers the District the depth of resources to address any issue that may arise. We provided ADA Compliance Reviews on our existing Districts as the 2010 ADA Standards went into full force in 2012. We have also provided Asset Inventories and assisted with Reserve Studies. We have experts in surveying, water, sewer, and reuse utilities as well as roadway design, traffic and transportation engineering, landscape architecture, and stormwater management. We have the experience and capability to not only design and inspect infrastructure projects, but also to review permit applications from others for work that could impact the District’s

infrastructure or property. Our team members have a thorough understanding of Community Development Districts. We can, therefore, efficiently provide the services you need without significant start time or cost.

Accessibility – We take pride in being accessible to our clients. We provide our cell phone number and welcome calls day or night and weekends. Issues come up at all hours and you deserve answers from your consultant at all times not just during normal business hours. I will not hesitate to visit the site to review items of concerns or to meet with board and staff members.

With these key individuals, Schappacher Engineering LLC has the resources and expertise necessary to serve as your District Engineer. We can also provide all this expertise at a competitive rate. We have a low overhead and can forward these savings on to you. We see this as a win-win situation as we can provide the excellent services that you have come to expect from a District Engineer and we can do this more economically. We look forward to the opportunity to serve you.

Very truly yours,

SCHAPPACHER ENGINEERING LLC

Rick Schappacher, P.E., President


Phone: (941) 251-7613


January 25, 2017

Board of Supervisors Harbor Bay Community Development District Rizzetta & Company, Inc. c/o Mr. Joe Roethke, District Manager 12750 Citrus Park Lane, Suite 115 Tampa, Florida 33625

Re: Interim District Engineering Services

Dear Mr. Roethke:

Schappacher Engineering LLC (“the Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the Board of Supervisors of the Harbor Bay Community Development District (“the Client”) for providing professional engineering and planning services in conformance with Section 287.055(4)(c) of the Florida Statutes. Our scope of services, fee and billing schedule, are below.

SCOPE OF SERVICES

Schappacher Engineering LLC will serve as Interim District Engineer providing professional engineering and planning services. Services may include planning, preparing reports, attending District meetings, and providing plans, designs, specifications, and construction supervision services for:

1. Water management systems and facilities.

2. Roads, landscape, signage and street lighting.

3. Other community infrastructure provided by the District as authorized in Chapter 190 Florida Statutes.

4. Affiliated projects to include engineering contract management and inspection services during construction.

SERVICES NOT INCLUDED

The following services are not included in this Agreement.

1. Architectural services.

2. Geotechnical engineering.

3. Surveying.

ADDITIONAL SERVICES

Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following:

1. Environmental services.

2. Water and sewer systems and facilities.

INFORMATION PROVIDED BY CLIENT

Schappacher Engineering LLC shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by the Consultant during the contract term.


Phone: (941) 251-7613


FEE AND BILLING

Schappacher Engineering LLC will provide the Scope of Services on a labor fee plus expense basis. Labor fee will be billed according to the attached rate schedule, which is subject to annual adjustment of 5%. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. An amount will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client.

Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice.

CLOSURE

In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Schappacher Engineering LLC, and the term "the Client" shall refer to Harbor Bay Community Development District.

If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter.

We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Sincerely,


Rick Schappacher, P.E. Principle

Attachment – Standard Provisions, rate schedule

Agreed to this day of , 2017.

Harbor Bay Community Development District

By:

(Please Print or Type Name and Title)

Witness:

(Please Print or Type Name and Title)


STANDARD PROVISIONS

Page 1 of 5 - Standard Provisions

(1) Scope of Services and Additional Services.

The Consultant’s undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services (“Additional Services”), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, GIS, and graphics, etc., will be billed at $25.00 per hour. _______________________________________________

(2) Client's Responsibilities.

In addition to other responsibilities described herein or imposed by law, the Client shall:

(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions.

(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction.

(c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely.

(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services.

(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant.

(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services.

(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development.

(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects

the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.

(i) Bear all costs incident to the responsibilities of the Client.

(3) Times for Rendering Services

(a) Consultant’s services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. Unless specific periods of time or specific dates for providing services are specified in this Agreement, Consultant’s obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services.

(b) If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or dates are changed through no fault of the Consultant, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If the Client has requested changes in the scope, extent, or character of the Project, the time of performance of the Consultant’s services shall be adjusted equitably.

(c) For purposes of this Agreement the term “day” means a calendar day of 24 hours. _______________________________________________

(4) Suspension

(a) If the Client fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if the Consultant’s services are delayed through no fault of the Consultant, the Consultant may, after giving seven days written notice to the Client, suspend services under this Agreement.

(b) If the Consultant’s services are delayed or suspended in whole or in part by the Client, or if the Consultant’s services are extended by the Contractor’s actions or inactions for more than 90 days through no fault of the Consultant, the Consultant shall be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, reasonable costs incurred by the Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. _______________________________________________

(5) Method of Payment to Engineer

Compensation shall be paid to the Consultant in accordance with the following provisions:

(a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant for


STANDARD PROVISIONS


the duration of the project and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services until all amounts due are paid in full.

(b) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client.

_______________________________________________

(6) Opinions of Probable Construction Cost

Consultant’s opinions of probable Construction Cost provided for herein are to be made on the basis of the Consultant’s experience and qualifications and represent the Consultant’s best judgment as an experienced and qualified professional generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor’s methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by the Consultant. If the Client wishes greater assurance as to probable Construction Cost, the Client shall employ an independent cost estimator. Consultant’s services required to bring costs within any limitation established by the Client will be paid for as Additional Services. _______________________________________________

(7) Standards of Performance

The standard of care for all professional engineering and related services performed or furnished by the Consultant under this Agreement will be the care and skill ordinarily used by members of its profession practicing under similar circumstances at the same time and in the same locality. The Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. _______________________________________________

(8) Construction Phase Services

(a) Should the Client provide Construction Phase services with either his representatives or a third party, the Consultant’s Basic Services under this Agreement will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase.

(b) It is understood and agreed that if the Consultant’s Basic Services under this Agreement do not include Project observation, or review of the Contractor’s performance, or any other Construction Phase services, and that such services will be provided by the Client, then the Client assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the Consultant that may be in any way connected thereto.

(c) If the Consultant provides Construction Phase Services, the Consultant shall not supervise, direct, or have control over Contractor’s work, nor shall the Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of the Contractor to comply with Laws and Regulations applicable to the Contractor’s furnishing and performing the Work. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insured under the contractor’s general liability insurance policy.

(d) The Consultant shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor’s agents or employees or any other persons (except the Consultant’s own employees) at the Site or otherwise furnishing or performing any of the Contractor’s work; or for any decision made on interpretations or clarifications of the Contract Documents given by the Client without consultation and advice of the Consultant. _______________________________________________

(9) Use of Documents.

All documents, including but not limited to drawings, specifications, reports, and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant’s documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between


STANDARD PROVISIONS


them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. _______________________________________________

(10) Insurance.

Consultant shall, at its own expense, maintain insurance during the performance of its services under this Agreement, with limits of liability not less than the following: Workers Compensation Statutory General Liability Bodily Injury $500,000/$1,000,000 (including Contractual) Property Damage $500,000/$1,000,000 (including Contractual) Automobile Liability Bodily Injury $500,000/$1,000,000 Property Damage $100,000 Professional Liability for Errors and Omissions $1,000,000 Consultant shall provide Client with a certificate evidencing compliance with the above terms and naming the Client and its supervisors, employees, agents and staff as additional insureds. Consultant shall provide the Client with thirty (30) days notice of cancellation. At no time shall Consultant be without insurance in the above amounts. _______________________________________________

(11) Termination.

The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days’ written notice for the convenience of the terminating party. If any material change occurs in the ownership of the Client and subject to any offsets, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed. _______________________________________________

(12) Miscellaneous Provisions.

This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. _______________________________________________

(13) Successors, Assigns, and Beneficiaries

This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. Neither the Client nor the Consultant shall assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of this agreement, without the written consent of the other party. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. _______________________________________________

(14) Dispute Resolution.

All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. _______________________________________________

(15) Hazardous Substances and Conditions.

(a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting,


STANDARD PROVISIONS


including, when agreed to, plans and specifications for isolation, removal, or remediation.

(b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and terms for such services. _______________________________________________

(16) Limitation of Liability.

In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks

have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever caused by the negligence of the named insured, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section is intended solely to limit the remedies available to the Client, and nothing in this Section shall require the Client to indemnify the Consultant. _______________________________________________

(17) Indemnification

(a) To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the Client, Client’s supervisors, staff, and employees from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of the Consultant or the Consultant’s officers, directors, partners, employees, and sub-Consultants in the performance and furnishing of the Consultant’s services under this Agreement.

(b) Without waiving, and only to the extent of the limitations on liability imposed by the sovereign immunity protections provided under Section 768.28 or other law, the Client shall indemnify and hold harmless the Consultant, Consultant’s officers, directors, partners, employees, and sub- Consultants from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of the Client or Client’s officers, directors, partners, employees, and Client’s consultants with respect to this Agreement or the Project.

_______________________________________________

(18) Certifications.

The Consultant shall not be required to execute certifications or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. _______________________________________________

(19) Confidentiality.

The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. _______________________________________________

(20) Ownership of Documents.

A. All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Consultant pursuant to this Agreement (the “Work Product”) shall be and remain the sole and exclusive property of the Client when developed and shall be considered work for hire. B. The Consultant shall deliver all Work Product to the Client upon completion thereof unless it is necessary for Consultant in the Client’s sole discretion, to retain possession for a longer period of time. Upon early termination of Consultant’s services hereunder, Consultant shall deliver all such Work Product whether complete or not. The Client shall have all rights to use any and all Work Product. Consultant shall retain copies of the Work Product for its permanent records, provided the Work Product is not used without the Client’s prior express written consent. Consultant agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise


STANDARD PROVISIONS


materialized, would be reasonably identifiable with the Project. C. The Client exclusively retains all manufacturing rights to all materials or designs developed under this Agreement. To the extent the services performed under this Agreement produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the Client as the author, creator, or inventor thereof upon creation, and the Client shall have all rights therein including, without limitation, the right of reproduction, with respect to such work. Consultant hereby assigns to the Client any and all rights Consultant may have including, without limitation, the copyright, with respect to such work. The Consultant acknowledges that the Client is the motivating factor for, and for the purpose of copyright or patent, has the right to direct and supervise the preparation of such copyrightable or patentable materials or designs. _______________________________________________

(21) Sovereign Immunity. The parties agree that nothing herein is intended to be, or shall be considered, a waiver of the Client’s sovereign immunity protections, or limitations on liability, provided under Section 768.28 of the Florida Statutes or other law. _______________________________________________

(22) Public Records. The Consultant shall allow access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Client in conjunction with this Agreement. _______________________________________________

(23) Notwithstanding anything to the contrary contained herein, ENGINEER and CLIENT mutually waive all claims for indirect, special, consequential or incidental damages arising out of or relating to this agreement. _______________________________________________

(24) PURSUANT TO FLORIDA

STATUTES § 558.0035(1)(c) (2013)

AN INDIVIDUAL EMPLOYEE OR

AGENT MAY NOT BE HELD

INDIVIDUALLY LIABLE FOR

NEGLIGENCE.


Phone: (941) 251-7613


2017 HOURLY BILLING RATES

Classification Current Rates

Support Staff $ 55.00

CADD/Technical Support $ 80.00

Designer/Senior Technical Support $ 95.00

Junior Professional $ 120.00

Registered Professional $ 145.00

Senior Professional $ 165.00

C:\Users\Rick\Documents\Schappacher Engineering\Marketing\Rate Schedules\Hourly Rates 2017.doc

Explain the detail and time frames of the (What is the end date of the estimate? Sept30, Nov 30, Dec 31?)Special Fees Engineering legal fees $351,000 ( I know this is through Dec 31) Legal fees $631,000 (Seems very high. This is based on us doing what? By when?)

Are any of these fees in the current budget?

On theCommunity Security Envera capital requirements Alternative capital requirements $317,000

If we are going to spend the $317K then there would be savings associated with the cost of budgeted Envera vs, new planIn all likelihood we extend Envera contract for a year and eliminate any capital costs or cash flow.

What is the 532K?Minimum Working Capital 532,000$ Estimated through end of FY

Why use O&M through November 30th? Our fiscal year ends 9/30.Why is accounts payable of $2138 deducted out? That is part of O&M funding.Why is District insurance paid in September subtracted out? Are you saying that the $88Kreflects the prepayment in Sept 2017 for the time frame Oct 2017 through Sept 2018?

General FundBudget Actual General fund

Sept 30 balance $2,240,459Revenues through December 31 $3,089,327 $3,112,805 $23,478Expenses $878,322 $1,067,001 ($188,679)Prepaid Insurance ($87,997)Available funds over budgeted expenses $1,987,261

Reserve FundDecember 31 balance $1,223,104

Capital Projects FundDecember 31 balance $1,681,102Upland damage approved 1/12/17 ($140,391)Hecker contract liability ($16,698)Langan (Jan- Sept) estimated ($351,000)Hopping Green & Sams (Jan- Sept) estimated ($514,500)Scarola Associates (Jan- Mar) estimated ($9,000)Sept 30 2017 balance $649,513

Total funds available $3,859,878

Potential usage of funds

Pool slide and tower ($475,000) Estimated

Pool Resurfacing ($225,000) EstimatedOctober through November working capital (if Newland won't front us the money) ($516,669) Estimated

Interim repairs ($476,000) 1700 linear feet @ $280 per linear foot

Upland claims ($700,000) Estimated

Oak Tree project ($75,240) Estimated

Community Security (Envera) ($317,000) Estimated

Clubhouse repair ($315,000) Estimated

Rizzetta fee (for bond placement) *Included in Bond issue costs

Remaining balance $759,969

YTD through December 2016

Available Funds

Litigation - settlement balance after expenses 297,330.00$ Litigation - upland reserves 1,200,000$ General fund 1,440,466$ Capital reserve 1,223,104$ Legal fee balance 19,636$ Oak tree balance 20,000$ Estimated over/underspend of Operating Budget 165,000$

4,365,536$

Planned Expenses

Capital Projects 769,373$ See Sheet/Tab #2

Seawall Stabilization 476,000$ 1700 linear feet @ $280 per linear foot

Upland Claims 700,000$

Pool Project Replace slide & tower 475,000$ Slide and pool can be done together Refurbish slide n/a Replace/repair lighthouse 10,000$ Estimated based on previous repairs Refinish pool 225,000$ Slide and pool can be done together Complete landscaping 15,000$ Estimated based on past proposals sumbitted by current landscaper Repair fountains n/a Staff has confirmed all are working Two-stage pool project with two mobilizations n/a Not reccomended by GB Collins

Subtotal 725,000$

Clubhouse Repair Update first floor furniture and room décor 150,000$ Estimated based on past discussions with Kay Green Purchase new chairs for lagoon room 15,000$ Update second floor flooring and décor 150,000$ Estimated based on past discussions with Kay Green Complete entire clubhouse update with one mobilization 300,000$ Estimated based on past discussions with Kay Green

Subtotal 315,000$

Oak Tree Project CDD trees 15,060$ Estimated at $60 per tree for 251 trees All other trees 60,180$ Estimated based on $60 per tree for 1003 trees

Subtotal 75,240$

Community Security Envera capital requirements -$ Zero cost based additional commitment of CDD for 9 months on top of 3 month extension Alternative capital requirements 317,000$ Estimated manned guards monitoring updated camera system

Subtotal 317,000$ Special Fees Engineering legal fees 351,000$ Rizzetta fee 138,000$ Plus $35,000 if new bonds are issued. Any additional meetings held will increase this amt Legal fees 631,000$

Subtotal 1,120,000$

Minimum Working Capital 532,000$ Estimated through end of FY

Total: 5,029,613$

Available Funds - Planned Expenses: (664,077)$

241500206500156500

26500631000 604500

Available Funds

Litigation - settlement balance after expenses 297,330.00$ Litigation - upland reserves 1,200,000$ General fund 1,440,466$ Capital reserve 1,223,104$ Legal fee balance 19,636$ Oak tree balance 20,000$ Estimated over/underspend of Operating Budget 165,000$

4,365,536$

Planned Expenses

Capital Projects 769,373$ See Sheet/Tab #2

Seawall Stabilization 476,000$ 1700 linear feet @ $280 per linear foot

Upland Claims 700,000$

Pool Project Replace slide & tower 475,000$ Slide and pool can be done together Refurbish slide n/a Replace/repair lighthouse 10,000$ Estimated based on previous repairs Refinish pool 225,000$ Slide and pool can be done together Complete landscaping 15,000$ Estimated based on past proposals sumbitted by current landscaper Repair fountains n/a Staff has confirmed all are working Two-stage pool project with two mobilizations n/a Not reccomended by GB Collins

Subtotal 725,000$

Q&A from Board Member Steve Lockem 1-17-2017 Langan’s responses and comments are in red font.

COMMENT: There are a few questions statements presented herein that were either asked by other Board

members. Please refer to those responses.

If we install interim repairs in section 1, is it highly probable that a new seawall will be required? No, unless the

Board’s ultimate decision is the selection of a new wall.

Please comment on the following regarding that the conclusion is a replacement wall will work and rip rap will

not work.

Exhibit A; The Wall

The seawall color-codes as shown on the MiraBay seawall map.

The color code is for layman’s terms only, a color in one area is not indicative of what the condition of a seawall

section is in another area with the same color code. This means seawalls with same color-coding might not

exhibit equivalent conditions. The color-coding shows primarily the current level of rotation of the cap.

Regardless of any color, the coding does not take into consideration

• Fracturing, rupturing, or seam separation of the vinyl; Dark red zones means that the rotation is in the range of

the rupture criteria and is on the verge of a material rupture, if it has not already done so.

• Waler fracturing; failures We have not observed waler fractures to date, only surficial cracks through the outer

layer of fiberglass coating, not through the internal metal beam.

• Soil conditions that are different throughout. No, not much variability across the seawall alignment throughout

the community. We performed waterside and landside confirmatory borings throughout the community during

the early stages of the project and we also compared that to other geotechnical work that was done.

• Cap fracturing; Generally, minor cracking has been observed throughout the community, which is not unusual,

with localized larger crack development where cap rotations have been excessively large or in other isolated

zones. This cracking requires periodic monitoring.

• Berm is too low; and

• Vinyl short sheeted; or insufficiently driven into substrate We are not aware of deliberate “short-sheeting” at

the time of installation. We have previously indicated that the original design length was marginal based on the

original design geometry.

The original cap has shown extensive fracturing—with internal fracturing as well. Normal weathering processes

will cause the cap to eventually start to fall apart—there is no way to stop that process. Any attempt to seal the

cap would a complete encasement and sealant would have to be redone every 3 -5 years. With sealing, you are

also sealing in the moisture in the cracks that have already developed. Internal weathering would continue and

cause the cap to fail eventually anyway. See answer above. We have also provided an answer to this question

that was asked by another Board member.

The seawall

• Proven by litigation to be of inferior material; No

• Proven to be installed incorrectly; No

• Proven to be short sheeted in many areas, yet there is no way to prove where specific circumstance exists; No

• Attempt to shore up worst bowings of seawall with the waler in 2006–2007;

• Those walers have fractured in many areas; No

• Hydrostatic pressure has bowed the walls outward in the vertical plane No.


(We provided brief comments to the bullets above, since we commented on all of the above bullet points from

questions by another Board member).

o Since the seawalls are undisturbed along their length, it can be concluded that

1. The wall is being pulled down away from its original height; No. In general, it is deflecting or bowing outward

which also causes cap rotation.

2. Being pulled up from the bottom; or No

3. Being deformed and made thinner by stretching of the vinyl—which the engineers believe is the most

common thus its yield point is near failure The wall is deflecting. Where it has ruptured, it has exceeded its

flexural capacity for bending. Where the wall bending is less the flexural stresses are less.

We know that considerable soil movement in the uplands has occurred—some of which is due to the wall

bowing out and the soil filling the void created on the upland side of the seawall. We also know that we are

losing soil underneath the wall. For this paragraph and the following three paragraphs refer to our responses

made to questions by other Board members.

This raises the question of whether we will have a truly impermeable barrier. This suggests strongly that placing

rip-rap in front of the seawall will not stop the soil migration. Therefore, the upland damages will continue.

It is unknown if there are air pockets or voids behind the wall; nor do we know how many exist and where. We

know the wall has been stretched—made thinner—wherever it is bowing or the cap is rotated. This means a

product proven to be inferior to begin with has been made even more susceptible by having its millage

(thickness) reduced. Also, the weakest point in any structure is usually at the connections. In this case it’s the

welds between the sheet pile sections. It is highly probable they start failing where the wall is under a

permanently stressed condition.

Therefore, it needs to be explained exactly how adding rip-rap up against the wall will prevent more fracturing

and rupturing of the vinyl wall if soil movement continues or vinyl wall is so damaged that any development of

additional or continuing hydrostatic pressure exceeds any capacity of the rip-rap to prevent ultimate seawall

failure.

A replacement wall will solve most, or all, of these issues. Consider the truly impermeable barrier created when

the replacement wall is put into the ground at least 4 feet deeper, a grout-like substance is poured between the

failed wall and the new thicker millage vinyl sheet.

I need to understand cost between the various options and interim fixes. Please give hard cost and soft cost

separately for each issue with an explanation of the source for your number and a level of confidence in the

number from 1 - 10 with 1 being low and 10 being high.

For example, the hard cost for a new seawall is $688 per foot based on the Hecker proposal. This gets a 10

confidence vote. The soft cost is x. This is based on the cost for the completed emergency repairs and gets a 7

level of confidence. For our level of confidence with the contractor’s pricing, we are using a 10% contingency for

the hard costs. This has been reduced from 20%, which as used to estimate project costs to date because there

is a track record of actual construction costs and three bid proposals all from the same contractor that has been

invoicing the project. However, please note that the numbers can change.

Please define the new seawall cost, the rip rap cost with a refurbished cap, the rip rap cost without a refurbished

cap. These numbers are based upon no interim repairs being done.


Refer to the following tables for your requested cost estimates. The hard costs are based on the contractor’s RFP

packages, which are compatible to his invoiced prices. The hard costs include a 10% contingency. The soft costs

(engineering only) are based on the contractor’s quoted and observed rate of production for new wall

installation and rip rap placement (approximately 150 linear ft per week for new wall installation and 100 ft per

day for rip rap placement).

Define the cost of the rip rap interim repair. Below in “Interim Repair” column.

Define additional cost of the new seawall, rip rap with a refurbished cap, and rip rap without a refurbished cap if

the interim repairs have already been completed.

This analysis should help us understand the "extra" cost of doing any interim repairs. Clearly if we had the

money available we would go directly to the final fix. I want to understand how much money we are spending

for the interim repair that will buy us time.

Refer to the following tables for your requested estimated cost analysis. Total estimated costs include a 10%

contingency. The contractor hard costs and engineering soft costs are subject to change depending on actual

material and labor costs, and schedule.

ESTIMATED

HARD COST &

SOFT COST

WITH INTERIM REPAIRS WITHOUT INTERIM REPAIRS INCREASED

COST FOR

INTERIM TO

FINAL PERMANENT

SOLUTION

INTERIM

REPAIR

ADDED

COST

SOFT

COST

TOTAL

COST

+10%

ACTUAL

COST

SOFT

COST

TOTAL

COST

+10%

RIP RAP

W/OUT

REFURBISHED

CAP

$ 265 $ 181 $ 32 $ 526 $ 305 $ 17 $ 354 $ 172

RIPRAP W/

REFURBISHED

CAP

$ 265 $ 369 $ 32 $ 733 $ 435 $ 17 $ 497 $ 236

NEW WALL

W/ RIP RAP

BERM

$ 265 $ 707 $ 82 $ 1,159 $ 700 $ 67 $ 844 $ 315

From Paul Curley: Outstanding Seawall Questions – post 1/11/17 Langan

responses

New questions

If wall rupture has occurred at 2 ¾ deflection, why do you believe Rip Rap is a

viable solution right up to the point of historical failure? This is the lowest

deflection where actual rupture was observed and is conservatively used as the

deflection action level. In any event, the rip rap must be placed prior to the wall

deflecting 2 ¾ inches in order to prevent the wall from potential imminent

rupture.

o If Rip Rap is viable because there is no wall rupture and, therefore, the

wall has ongoing integrity, shouldn’t lack of wall rupture be the metric

guiding where Rip Rap can be placed not deflection of less than 2 ¾

inch? Structural integrity is lost once the wall ruptures. Based on

accelerated wall movements and fast deteriorating upland conditions

where wall rupture was observed, we have recommended not to wait for

the wall to deflect to the point when it ruptures. Rather, address the

movement before it has achieved an observed previous rupture

deflection.

To determine the true root cause of the failure of the original seawall, what are

the merits of investigating why the berm was washed away? There is no merit

in investigating this issue as it was addressed as part of the previous litigation.

o What hypotheses for berm wash away would you investigate? Refer

previous litigation documents. Berm materials (fine sands, silty sands,

and clayey sands) have a high potential for erosion, if unprotected. They

were also sloped at 1V:2H which is steeper than desirable for these types

of materials and they simply sloughed to their natural angle of repose

where unprotected.

o What would it cost to investigate these hypotheses? Refer to the previous

response. Not recommended.

o Could the new berm wash away from in front of the new seawall? Not if

it is comprised of rip rap as we recommended.

o Does the investigation into berm wash away have merit, if the

predominant repair solution used in the community is Rip Rap? No

Will the Rip Rap repair solution stop the migration of soil through or under the

original vinyl seawall? Once and for all, there is no soil migration under the

existing wall. Isolated migration of soil through localized separations at a few

vinyl sheet pile seams, original weep holes and through utility conduits that

penetrate the existing wall would be addressed prior to placement of rip rap for

the master project. The placement procedures of the enhanced drainage

materials will fill in any voids created behind the wall by the defected vinyl

sheet.

Previously Submitted Questions with minor edits

Assuming our criteria are as follows:

o Extend wall life by 30+ years

o Provide a fully functional wall, e.g., meets independent criteria for

docking a boat, navigating the canal, dredging the canal, etc.

o Lowest cost (installation plus long-term maintenance)

Which repair solution(s) would you “certify” for each type of lot, e.g., green,

yellow, pink and red? Would your recommended repair solution differ for

similarly colored lots in Sections I, II and III? If so, why? Engineers do not

“certify”. We provide engineering design services in accordance with the

standard of practice in our engineering industry. For our previous repair

solutions for the master project, refer to the Master Project drawings and

specifications that were prepared last winter and spring for the master

project bid package.

What engineering metric leads to the requirement for installing a new

seawall cap with the Rip Rap solution? Significant rotation of the cap,

observable bending/pinching of steel tie-back anchor connection to the

existing cap, and unsuitable cracking in the cap concrete, or where our

judgment defers.

o Using your defined metric, how many linear feet of Rip Rap will need a

new seawall cap? The estimated length of refurbished cap with rip rap is

in the approximate range of footage 5,000 linear ft. to 5,500 linear feet.

The total lengths are being revisited based on current conditions through

Section 1 and the east side of Section 2 as well as re-examining the cap

conditions along the north side of Islebay Drive and Mirabay Drive in

order to minimize new cap construction.

What is the proposed maintenance plan for each of the proposed solutions?

o What should be monitored? Minimal seawall or swale maintenance is

anticipated for either the new wall or rip rap alternatives. This excludes

existing upland retaining wall issues which is separate from the seawall

stabilization alternatives maintenance. For the rip rap and new wall,

alternatives, we anticipate that annual inspections etc. will consist of

observation/documentation of the general cap levelness, the weep holes

and drainage system, modifications to the lifts and docks that may

inadvertently impact the seawall, etc.

o For each metric, what reading will indicate there is a problem that needs

to be addressed? Other than using observational methods we cannot

address this at this time.

o What would be the estimated annual cost to implement each maintenance

plan? The inspection services would likely be about $10, 000 to $15,000.

Required repairs are unknown, but expected to be nominal.

What were the findings of the Lifecycle Cost Analysis and the Tie Rod

Inspection completed by Buchart Horn? Buchart Horn was not tasked by

Langan to perform a “ life cycle cost analysis”. Based on their expertise

regarding corrosion and our tie-rod observations at numerous excavation points,

theoretical corrosion rates were determined to evaluate if loss of cross sectional

area over time would impact the design loads. This was helpful to us in

determining whether or not the existing tie rods could be safely support the

intended loads. In the end, we believe that either implemented alternative could

perform over a typical design life of 25 to 30 years.

o What assumptions were made in the cost analysis? Please provide a copy

of these reports to all Board members.

Do you recommend any changes to MiraBay’s building codes, e.g., minimum

distance between the seawall and any structure, pool placement, size of building

envelope, etc.? Not evaluated. The general geometric properties of the seawall

and upland wall were used in our stability analysis.

The depth of the current wall and the soil composition varies across the

community. How does the design of both solutions address these variations?

We reviewed the previous geotechnical data and performed confirmation test

borings across the entire community immediately landside and waterside of the

bulkhead after completing the peer review of the pilot study sites. Conservative

engineering properties were used in the analysis and evaluations.

Setting aside aesthetics, what would you recommend as the minimum distance

between two different repair solutions? They can abut one another where

deemed appropriate.

Is upland damage likely to be more frequent with one solution versus another?

Both repair options will stabilize the seawall from movement. We have been

asked not to comment on upland issues by the CDD counsel.

Does Langan believe upland damage is accelerating? Refer to the projected cap

deflection trend lines that we previously presented to you. We have been asked

not to comment on upland issues by the CDD counsel.

What is Langan's hypothesis as to why upland damage is occurring after a new

Seawall is installed? We do not concur with this hypothesis. We refrain from

generalizing as each upland situation is unique. In addition, we have been asked

to not comment on upland issues by the CDD counsel.

What are the options to prevent the cascading failures to lots adjacent to the

new seawall installation? Not clear on question. Refer to our presentations to

the BOS given January 2017, December 2016, August 2016 and July 2016 on

interim stabilization.

Soil is excavated to install the new drainage system. When the soil is returned,

is it tamped down every 18 inches? Approved imported clean sand is used to

backfill for the enhanced drainage system. Densification is achieved by

hydraulic compaction which also fills in any voids created by the deflected

sheet.

In overseeing Hecker’s construction, what are the three most difficult issues

Langan has had to address and what solution was proposed for each issue? Our

role is that of inspecting and documenting that the work is done in accordance

with the design plans. This provides a clear permanent record which is essential

for a project like this. As we have previously stated, considering the history of

the project, Langan believes that the inspection and documentation of the work

is critical for long-term success and our continued involvement is contingent on

this.

o What are the most common problems that are occurring?

To date, how many lots have had a broken or ruptured vinyl sheet? To date, the

total number of lots that had material ruptures of the vinyl sheet piles is five

(5611 and 5622 Skimmer Drive, 415 and 417 Islebay Drive, and 5710 Sea

Turtle Place). Also, there has been about 4,900 linear feet in the emergency

deflection criteria range.

o Total ruptures?

o Minor rupture?

o Major rupture?

Will both designs accommodate water flow between homes and the resulting

added pressure on the narrow area of the wall between homes? Yes

Does riprap affect water levels underneath a dock No

What metric drives the elevation of the Rip Rap to be +1, +2 or +3 on a

particular lot? Factor of Safety relative to sheet pile embedment. The final

design elevation is to el +4.

Does placement of riprap on top of an oyster bed cause downstream problems

and is it consistent with all government regulations No.

Do we have approval of all appropriate authorities for all proposed repair

solutions? Yes, based on information provided by the CDD, regulatory permits

required to construct the master project, emergency repairs and interim repairs

were approved by the responsible federal, state and local agencies.

Will the lift bar closest to the land hit the Rip Rap rocks thereby limiting the

ability to launch boats in shallow water? No, for boat lifts on the waterside of

the docks.

How does Rip Rap affect the ability to inspect the walls and maintain the walls?

Based on your Statement of work which I have read and I do not believe any of these below apply, but the CDD Board

should have this on the record;

Does your statement of work include the following concerns and costs associated with: We are assuming you are

referring to Master Project drawings?

Residents upland issues? No. the master rehabilitation plan is to repair the seawall. However,

stabilizing the seawall would be beneficial to the upland performance.

repair options that interferes or creates the loss of personal property? Not clear on the question.

repair options that interferes with navigation? This was addressed by a specialty sub consultant. Please

review the navigation report for details.

possible litigation cost to the community from seawall owners? No.

Follow on maintenance?

o If Yes to any of these; please provide the cost analysis of each. Once all final repair work is

done, we do not believe maintenance will be significant for either alternative. There does not

include pre-existing upland wall issues that need to be addressed.

Based upon the evidence presented about the seawall in the litigation process that resulted in the $8.3 million

settlement to the Harbor Bay CDD.

Do you agree that the original seawall:

is of inferior material? No

o If No, why? The existing vinyl sheet pile itself is structurally capable of supporting original design

intent of with a waterside berm at el +2. However, the original design of the system in terms of

stability (sheet pile embedment) was marginal. Lowering of the waterside berm below el +2

increase landside stresses on the sheet pile above the original design intent causing it to bend.

This is apparent throughout the waterfront community. Where the waterside berm is

significantly lower that el +2, there is significant deflection of the vinyl sheet. Where the berm

has been stable and near el +2 the wall is performing significantly better. Keep in mind, the

proposed rip rap will provide significant increased resistive pressure (passive pressure) making

the wall stable.

Is installed incorrectly to include areas that were dug out and then backfilled vs. vibrated in.

o If No, why? Refer to prior litigation record. In any event, the actual wall performance (deflection)

is being monitored.

o If Yes; then can you pinpoint all the areas that occurred?

is short sheeted in many areas?

o If No, why? No, refer to prior litigation record.

o If Yes; then can you pinpoint all the areas that occurred?

We know that there was an attempt to shore up worst bowings of seawall with the waler in 2006–2007, and

now those walers have fractured in many areas.

We have been told that the reason is because of Hydrostatic pressure has bowed the walls outward in the

vertical plane and you (Langan) said in a phone conversation with the district attorney, engineer and the CDD

Board that you believe the wall is being deformed and made thinner by stretching of the vinyl. That is incorrect.

Refer to the previous litigation record. Berm sloughing erosion was determined to be the root cause of sheet

pile deflection.

Therefore, does this not mean that the wall in those areas bowed is close to reaching its yield point?

o If No, please explain how a thinner wall is still viable and is not more susceptible to fracture

and/or rupture? There are varied degrees of wall deflection that we have identified on the

monitoring plan. The green zones refer to less than 7/8 inch cap deflection, yellow zones refer

to defection between 7/8 inch and 1 ¾ inch and light red zones refer to deflections between 1 ¾

inch and 2 ¾ inch. The dark red zones are the lowest state of wall defection where observed

rupture has occurred and; hence, new wall would be required. For zones that are in the green,

yellow and light red, rip rap is a viable alternative.

o If Yes, does this make the wall more susceptible to fracture and/or rupture? The vinyl sheet

piles are capable of large deflections before rupturing. For areas that are below the lowest

direction criteria for rupture rip rap is a viable alternative.

From prior talks and presentations you have given the CDD Board and based upon these variables the

following conditions have been identified:

• Fracturing, rupturing, or seam separation of the vinyl;

• Waler fracturing; failures

• Soil conditions that are different throughout.

• Cap fracturing;

• Berm is too low; and

• Vinyl short sheeted; or insufficiently driven into substrate

Have you estimated the stresses on the wall at rupture based on cap rotation and compared them to the

inherent yield stresses of the vinyl material?

If yes, how did they compare? We have theoretically estimated flexural stresses in the vinyl sheet

based on varied waterside berm elevations. Stresses increase as the berm elevation decreases. Even

for berm elevations at the lowest levels observed, the theoretical flexural stresses are ok.

Did rupture occur above or below the material yield stress? See answer above. Theoretical flexural

stress values should have been within the maximum allowable bending moment.

If no, should that exercise by done for the purpose of determining viability of relying on the old wall with

rip rap stabilization? Rip rap placed waterside against the existing sheet piles would decrease flexural

stress levels well below the original design loads.

Do you confirm:

the color in one area is not indicative of what the condition of a seawall section is in another area with

the same color code? No.

o If No, why? The color codes are indicative of similar ranges in cap rotation/sheet pile deflection.

That seawalls with same color-coding might not exhibit equivalent conditions?

o If No, why? Seawalls with the same color-coding are in the same range of deflections and

generally the overall conditions are the similar as well.

The color-coding only shows primarily the current level of rotation of the cap? Yes

o If No, why?

In our talks, you have told the CDD board that the original cap has shown extensive fracturing—with internal

fracturing as well.

Do you agree that:

Normal weathering processes will cause the cap to eventually fall apart? Typically no, within the

design life period. The cap material would be in safe stress states and reinforcing steel is

suitably covered with concrete.

Any attempt to seal the cap without complete encasement and sealant would have to be redone

every 3 -5 years. The timeframe is unknown for sealant application.

o If No, why?

With sealing, you are also sealing in the moisture in the cracks that have already developed

thus Internal weathering would continue and cause the cap to fail eventually anyway?

o If No, why? Proper sealing techniques would be required, if and where used. Specialty

contactors should be engaged.

Concerning Soil migration from all the uplands, it has been reported that soil has flowed through the wall itself

and flowed under the wall. Once and for all, we dismiss the notion of soil migration under the wall. Any soil

migration through the wall would not be through the vinyl material as it is impermeable, but through any

localized breached in the sheet pile wall.

Based upon those factors

Does placing rip-rap in front of the seawall fully stop the soil migration? No, rip rap is not the

mechanism. As mentioned above, for localized soil migration from the upland through breaches in the

sheet pile (i.e. weep holes without filter fabric, seam separations, etc.) are required to be addressed as

part of the rip rap placement. The vinyl material itself is impermeable. As the Master Project plans

indicate, the existing weep holes will be replaced with weep hole tubes, and any observed seam

separations will be sealed.

o If yes, how?

And if answered how, please explain how this will be monitored as the rip rap would not

be below the wall to stop soil migration that goes under the wall? Once and for all, soil

migration below the wall should be dismissed.

With all the soil migration, how do you know there are no void pockets behind the wall? For either the

new wall or rip rap designs, we are replacing the upper existing soils landside of the wall with an

enhanced drainage system with clean sand that is being placed in a manner (hydro compaction) such

that if fills voids created by the lateral deflection of the existing sheet piles with soil.

do we know how many exist and where? See answer above.

Are you concerned about cracking and soil loss at connection seams in areas where the wall is

deflected (stressed)? Would re-sealing of the stressed seams be required from time to time? No. Any

separation observed would be sealed at the time of rehabilitation.

You have stated that the wall has been stretched—made thinner—wherever it is bowing or the cap is rotated.

Does this not mean means a product proven to be inferior in the prior litigations been made even more

susceptible by having its millage (thickness) reduced? We do not concur with this statement.

Would it still be true that the welds between the sheet pile sections that are highly probable that they start

failing where the wall is under a permanently stressed condition? No.

have you accounted for deficient wall thickness in your material stability calculations? Not a concern, refer

to the prior litigation record.

Your statement in the Q&A that “Both the new wall and rip rap options are viable permanent repairs

alternatives for the remaining lots where deflections have not exacerbated into the “emergency“ fix

condition” needs clarification. People are running around the neighborhood saying Langan stated it’s ok to

use rip rap everywhere. Is rip rap indeed viable in areas where the wall is deflected to just short of

rupturing?

Please explain: Yes, refer to the prior Board of Supervisor presentation December 2016. Based upon your 14 December 2015 presentation to the CDD Board, (see attachment) You wrote in your report 1. Weather event in Late July 2015 has triggered the failure and rupture of sheetpile at Skimmer Drive 2. Langan, having inspected the community wall, recommended emergency repair work at approximately 5,000 LF of seawall for the immediate repair of ruptured seawall sheets those endanger of rupturing 3. Implementation of option 3. (new seawall option) with additional anchors in lieu of waterside berm buildup was chosen as best emergency repair alternative based on historical and current cap rotation and vinyl sheetpile deflection 4. The Board authorized emergency work for approximately 2,500 LF of retaining wall and for Langan to closely monitor the remaining emergency repair phases

Please explain why at that time Option 3 was the recommended fix for areas with less than 2-3/4” cap rotation, but is no longer the recommended long term fix for similarly deflected areas. The Board requested Langan to forecast areas that were projected to exceed emergency deflection criteria in this near future. Langan provided that information and the Board elected to proceed with “interim repair” of

those areas with the new wall even though they were not at the specified emergency deflection level at that time.

Please explain how this is not relevant for the other 2500 feet 13 months later? Please refer to the response above.

nor relevant for any other site under the same condition? Please refer to the response above.

If wall doesn’t rupture until 2 3/4” of deflections takes place, there is no reason to presume that wall has

sufficient integrity to resist rupturing with rip-rap placement. Clearly the wall is diminishing in resistance to

rupturing right up to the point of rupturing.

Does the Lack of wall rupture and deflection <2 3/4 in. the same thing To claim one is superior to the

other for determining where rip-rap should go? Not clear on the question. Ruptured vinyl walls with

deflections in the observed rupture range have been deemed to require a new wall because of the loss

of or near term potential loss of structural integrity of the vinyl. Placing rip rap against the wall before

the vinyl reaches this deflection criteria would minimize or preclude material failures from occurring.

Is the presumption is that the wall is perfectly fine until it ruptures and placing rip-rap against a wall that

hasn’t ruptured will keep it from rupturing? Rip rap placed against the wall prior to reaching rupture

criteria will prevent the vinyl from rupturing.

For the interim repair of the 22 lots of putting rip rap in front of those walls

You have stated to the CDD Board that you can just push the rip-rap back should those walls need the

replacement wall fix.

Does that not require moving the rip-rap 2 more times after initially installing it? For the new wall

installation, a portion of the rip rap immediately adjacent the wall could be moved back to allow the new

sheet pile to be installed, and then be placed back up against the newly installed FRP sheet pile to el

+2. So if the new wall is ultimately desired in zones with stabilizing rip rap, there would be some

secondary handling. For the master project rip rap alternative, more rip rap would be brought in and

simply stacked atop of the el +3 interim rip rap to el +4. For this case of rip rap there would be no

secondary handling.

Moving rip-rap is a labor-intensive effort. Moving rip-rap stacked up to +4 high

would the cost not be at least 1.5 times the original cost installing it the first time?

o If no, please give us that cost. No. Based on the contractor’s most recent cost estimates, the

additional cost to place rip rap from el +3 to el +4 is $75 per linear ft, which is not 1.5 times more

than the original base price of $265 to place rip rap to el +3 with bedding stone.

Consider the truly impermeable barrier created when the replacement wall is put into the ground at least 4 feet

deeper, a grout-like substance is poured between the failed wall and the new thicker millage vinyl sheet.

Does this not solve many of the problems that will still be associated with a rip rap repair? There are no

“problems” associated with the rip rap repair alternative that would not be addressed as previously

discussed. The new sheet pile and intermediate concrete filled zone are certainly benefits associated

with the New Wall option.

Does rip rap repair create an impermeable barrier? Yes, the rip rap repair option does.

o If Yes, How? See previous discussion on soil migration.

Can you guarantee that rip rap will create an impermeable barrier? See the previous discussion on the

rip rap alternative. Please note that engineering design services do not provide guarantees, rather the

services are performed in accordance with the standards of practice in the engineering industry.

Can you guarantee that the rip rap will stop all future upland damage? We have been advised

repeatedly by the CDD’s counsel not to comment on upland.