GAS SYSTEM EXPANSION
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CLEARWATER GAS SYSTEM
GAS SYSTEM EXPANSION
AGREEMENT
BETWEEN CITY AND ENGINEER
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this ~ay Of~' 199i~ and between
the City of Clearwater, Florida hereinafter referred to as C Y, a d Tampa Bay Engineering,
Inc., a Florida corporation, hereinafter referred to as ENGI EER.
WITNESSETH:
WHEREAS, the CITY has selected the ENGINEER in accordance with the Consultant's
Competitive Negotiation Act (CCNA) Chapter 287,055 Florida Statutes, WHEREAS, the CITY
and ENGINEER propose to enter into a continuing contract as described in the CCNA; and
WHEREAS, the CITY proposes to do certain work related to Gas System Expansion in
N orthem Pinell~s County and Pasco County; and
WHEREAS, the CITY desires to engage the ENGINEER to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS, the ENGINEER desires to provide such professional services in accordance with
this Agreement:
NOW THEREFORE, in consideration of the premises and the mutual benefits which will
accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually
understood and agreed as follows:
I. GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER to the CITY will be that of a professional consultant, and
the ENGINEER will provide the professional and technical services required under this
Agreement in accordance with acceptable engineering and planning practices and ethical
standards.
II. PROFESSIONAL AND TECHNICAL SERVICES
It shall be the responsibility of the ENGINEER to work with the CITY and apprise him of
solutions to engineering, planning and design problems and the approach or technique to be used
towards accomplishment of the CITY'S objectives as set forth in EXHIBIT A. The scope of
services to be provided to accomplish the CITY'S objectives is set forth in EXHIBIT A.
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IT!. PERIOD OF SERVICE
A. The ENGINEER will begin work promptly after receipt of a fully executed copy of this
Agreement; such receipt shall constitute written notice to proceed. This Agreement shall
be a term of three years, renewable for three years and extended further by mutual
consent of the CITY and ENGINEER.
B. If the ENGINEER'S design services called for under this Agreement are delayed for
reasons beyond the ENGINEER'S control, the time of performance shall be adjusted
appbopriately. If the design services under this Agreement continue past January 1,
1997, the fees contained in EXHIBIT B shall be subject to renegotiation; any change in
such fees shall apply only to the unfinished services as of the effective date of such
change.
IV. GENERAL CONSIDERATIONS
A.
All original sketches, tracings, drawings, computations, details, design calculations, and
other documents and plans that result from the ENGINEER'S services under this
Agreement are and remain the property of the ENGINEER as instruments of services.
Where such documents are required to be filed with governmental agencies, the
ENGINEER will furnish copies to the CITY upon request. The ENGINEER will furnish
one "camera ready" master copy of the final drawings, reports, exhibits and final
documents at no additional cost to the CITY.
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B. The CITY may, at its expense, obtain a set of reproducible copies of any maps and/or
drawings prepared for him by the ENGINEER, in consideration of which the CITY
agrees that no additions, deletions, changes or revisions shall be made to same without
the express written approval of the ENGINEER.
C. Notwithstanding that specific services are enumerated in EXHIBIT A, the ENGINEER
will, upon request of the CITY, provide any and all other civil engineering, planning and
landscape consulting services as requested by the CITY provided, however, that such
additional services shall result in extra compensation to the ENGINEER, as provided by
EXHIBIT B. It is understood and agreed that if such Additional Services are requested
by the CITY and agreed to by the ENGINEER, the Agreement shall be considered as a
continuing contract with respect thereto.
D. The CITY hereby acknowledges that estimates of probable construction costs cannot be
guaranteed, and such estimates are not to be construed as a promise to design facilities
within a cost limitation.
E. It is understood and agreed that the ENGINEER'S services under this Agreement do not
include participation, whatsoever, in any litigation. Should such services be required,
a supplemental agreement may be negotiated between the CITY and the ENGINEER
describing the services desired and providing a basis for compensation to the
ENGINEER.
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F, Upon the ENGINEER'S request, the CITY will furnish or cause to be furnished such
reports, studies, instruments, documents, and other information as the ENGINEER and
CITY mutually deem necessary, and the ENGINEER may rely upon same in performing
the services required under this Agreement.
G, The CITY and the ENGINEER each binds itself and its successors, legal representatives,
and assigns to the other party to this Agreement and to the partners, successors, legal
representatives, and assigns of such other party, in respect to all covenants of this
Agreement; and, neither the CITY nor the ENGINEER will assign or transfer their
interest in this Agreement without written consent of the other.
H, All reports submitted to the CITY by the ENGINEER in fulfillment of contract
obligations shall use recycled paper when it is available at a reasonable price and of
satisfactory quality to meet contractual performance standards. For the purposes of this
Paragraph, the price of recycled paper shall be considered "reasonable" if its cost is no
more than ten percent higher than the lowest price offered for non-recycled paper. All
reports submitted to the CITY by the ENGINEER shall use both sides of paper sheets
whenever practicable, The ENGINEER shall be responsible for maintaining records
documenting usage of recycled paper for reports submitted to the CITY in fulfillment of
contractual obligations. The ENGINEER shall submit such records to the CITY
according to procedures to be established by the CITY Purchasing Manager.
1. The ENGINEER shall execute the appropriate State of Florida sworn statement under
Section 287.133(3)(a), Florida Statutes, Public Entity Crimes prior to the execution of
this Agreement.
J. The ENGINEER shall attach a brief status report on the project with each request for
payment.
K. The ENGINEER shall provide a Certificate regarding a "Drug Free Workplace" per the
requirements of City Memorandum No. 23 (90-91) dated December 17, 1990 from
George C. Banks, CPPO, Director, Division of Purchasing,
V. INSURANCE REQUIREMENTS
A, Workers Compensation and Employers Liability. The ENGINEER shall procure and
maintain, for the lift of this Agreement, Workers Compensation Insurance covering all
employees with limits meeting all applicable state and federal laws, This coverage shall
include Employers Liability with limits meeting all applicable state and federal laws.
B. General Liability. The ENGINEER shall procure and maintain, for the life of this
Agreement, General Liability Insurance. This coverage shall be on an "Occurrence"
basis. Coverage shall be no more restrictive than the latest edition of the Commercial
General Liability policies of the Insurance Services Office (ISO).
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This policy shall provide coverage for death, bodily injury, personal injury or property
damage that could arise directly or indirectly from the performance of this Agreement.
The minimum limits of coverage shall be $1,000,000 per Occurrence Combined Single
Limit for Bodily Injury Liability and Property Damage Liability.
The CITY shall be included and identified as an Additional Insured under the
policy/certificate of insurance.
C, Business Automobile Liability. The ENGINEER shall procure and maintain, for the
life of this Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be $1,000,000 per Occurrence Combined Single
Limit for Bodily Injury Liability and Property Damage Liability, This coverage shall be
an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition
of the Business Automobile Practices of the Insurance Services Office (ISO).
The CITY shall be included and identified as an Additional Insured under the
policy/certificate of insurance.
D. Professional Liability Insurance. The ENGINEER shall procure and maintain for the
life of this Agreement, Professional Liability Insurance. This insurance shall provide
coverage against such liability resulting from this contract/project. The minimum limits
of coverage shall be $1,000,000.
E. Indemnify. In consideration of the sum of One Hundred Dollars ($100.00), the receipt
and sufficiency of which is acknowledged, payable as part of the first payment for
services, the ENGINEER agrees to defend, save and hold the CITY, its agents, assigns
and employees, harmless from all claims or causes of action, including costs and
attorney's fees, and all judgements whatsoever, involving personal injury, bodily injury,
death or property damage, arising out of any negligent or intentional act or omission, or
the violation of any federal, state or local law or regulations by the ENGINEER, its
subcontractors, agents, assigns, invitees or employees in connection with this Agreement.
F. Limitation of Liability. The CITY agrees to limit the ENGINEER'S liability to the
CITY and to all construction contractors and subcontractors on the project, due to the
ENGINEER'S negligent acts, errors or omissions, such that the total aggregate liability
of the ENGINEER to all those named shall not exceed $1,000,000 or the ENGINEER'S
total fee for services rendered on this project, whichever is greater.
G. Hazardous Substances. It is understood and agreed that in seeking the professional
services of the ENGINEER under this Agreement, the CITY does not request the
ENGINEER to undertake uninsurable or potentially uninsurable obligations for the
CITY'S benefit involving or related in any manner to hazardous substances, Therefore,
the ENGINEER undertakes no such obligation hereunder, and the CITY agrees to hold
harmless, indemnify, and defend the ENGINEER from and against any and all claims,
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losses, damages, liability, and costs arising out of or in any way connected with the
presence, discharge, release, or escape of contaminants or hazardous substances of any
kind, or environmental liability of any nature, in any manner related to services
performed by the ENGINEER under this Agreement.
H. Supplemental Provisions. The insurance coverages and conditions afforded by the
above mentioned policies shall not be suspended, voided, cancelled or modified except
after thirty days prior written notice by certified mail return receipt requested has been
given to both the Public Works Director and the Risk Management Offices of the CITY.
Certificates of insurance meeting the specific required insurance provisions specified
within this Contract! Agreement shall be forwarded to both the Public Works Director and
Risk Management Offices of the CITY and approved prior to the start of any work,
After review, the Certificate will be filed with the City Clerk as part of the official
contract file,
Receipt and acceptance of the ENGINEER Certificate of Insurance, or other similar
document does not constitute acceptance or approval of amounts or types of coverages
which may be less than required by this Agreement.
The CITY may, at it option, require a copy of the Engineer/Consultant's Insurance
Policies,
1. Safety and Health Requirements. It is the ENGINEER'S sole duty to provide safe and
healthful working conditions to its employees on and about the site of Agreement
Performance. The CITY assumes no duty for supervision of the ENGINEER, The
ENGINEER will provide a "Drug Free" workplace in accordance with Section 287-987,
Florida Statutes.
The CITY may order that the work stop if a condition of immediate danger to CITY
employees, equipment or property damage exists. This provision shall not shift
responsibility of risk or loss for injuries or damage sustained from the ENGINEER to
the CITY, and the ENGINEER shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and property at the site of
ENGINEER performance until the beginning of construction and arising out of the
ENGINEER'S negligence.
The ENGINEER shall comply with the standards and regulations set forth by the
Occupational Safety and Health Administration (OSHA), the Florida Department of
Labor and Employment Security, and all other appropriate federal, state and local
regulations or City Safety and Health Standards.
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VI. COMPENSATION
The ENGINEER shall be compensated for all services rendered under this Agreement m
accordance with the provisions of EXHIBIT B.
VII. TERMINATION
This Agreement may be terminated by either party by seven days prior written notice, in the
event of substantial failure to perform in accordance with the terms hereof by the other party
through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall
be paid in accordance with the provisions of EXHIBIT B for all work performed up to the date
of termination.
VIII. SUSPENSION , CANCELLATION OR ABANDONMENT
In the event the project described in EXHIBIT A, or the services of the ENGINEER called for
under this Agreement, is/are suspended, canceled or abandoned by the CITY, the ENGINEER
shall be given thirty days prior written notice of such action and shall be compensated for the
professional services provided and/or related fees for which there is an irreversible obligation
up to the date of suspension, cancellation or abandonment.
IX. WORK ORDERS
The ENGINEER'S services under this Agreement will be provided under Work Orders,
Generally, each Work Order will include the services for a single project or assignment, and it
will contain a mutually agreed upon detailed scope of work, fee, and schedule of performance
in accordance with applicable fiscal and budgetary constraints. Total compensation for all
services shall not exceed $100,000.00 per Work Order unless specifically authorized by the City
Commission.
X. ATTACHMENTS
The following Exhibits are attached to this Agreement and made a part hereof:
Exhibit "A" - Scope of Services
Exhibit "B" - Method of Compensation
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IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written,
ENGINEER:
CITY:
18167 US 19 North, Suite 550
Clearwater, FL 34624
CITY OF CLEARWATER; FLORIDA
112 Osceola Avenue South
Clearwater, FL 34616
TAMPA BAY ENGINEERING, INC.
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By:
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C Mana r
By:
Robert G. Brown, PE, Vice President
COUNTERSIGNED:
Attest: ~ ~~
Date: Oe.c.. 5 /99.3
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ATTEST
City lerk -
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Appr ved as to Form & Correcmess
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City Atto ney
Date: t/'Z.J~'i
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EXHIBIT A
SCOPE OF SERVICES
for
CLEARWATER GAS SYSTEM EXPANSION
IN NORTH PINELLAS COUNTY AND PASCO COUNTY
I. SCOPE OF PROJECT
A. General:
Continuing: Services: The CITY agrees to employ the services of the ENGINEER as a
General Consultant for an initial period of three years, Thereafter, the CITY may
continue this Agreement at its convenience. The hourly rates contained in Exhibit B
shall be subject to re-negotiation as appropriate after the initial three-year period.
Gas System Expansion: Clearwater Gas System (CGS) is considering expanding its
service area farther north into upper Pine lIas County and Pasco County, and has as its
goal, initiation of construction as soon as possible after January 1, 1994. A preliminary
investigation by CGS has identified a 46 (plus or minus) mile route for a future main line
loop that involves the roadway rights-of-way along US 19, State Road 54, State Road 52,
Little Road and Seven Springs Boulevard in Pasco County. The project will consist of
two sections. Section One will involve a Planning Design Study, permitting, and base
mapping system for 30 miles of the project. Section Two will consist of the same
requirements for the remaining 16 miles of the project.
The ENGINEER will provide engineering services to the CITY for design and
construction services for the above referenced projects, The services contemplated in
this Agreement have been divided into tasks in order to differentiate activities, Services
to be performed include: utility design and coordination with FDOT, PascoCounty and
existing utilities; preparation of straight-line diagram plans, special profiles and cross-
sections; preparation of FDOT and Pasco County permit applications; and coordination
of meetings and site visits by design engineers.
B. Planning Design Study
A Preliminary Planning Design Study of the proposed 46-mile gas main route will be
conducted. As part of the study, the Consultant will make on-site investigations of the
route, collect available data and attend meetings to gather information. The information
will be evaluated and summarized in a Preliminary Planning Design Report that will
include recommendations, a Preliminary Engineer's Estimate of Probable Construction
Cost and Schematic Drawings,
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Specifically, the Consultant will complete the following tasks:
2,
4.
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Obtain 1" = 200' scale (or another scale at the option of the CITY) reproducible
aerial mylars from Pasco County and Pinellas County or from aerial
photogrametric consultants which will provide a basis for evaluation and
schematic drawings. The route for the tentative gas main will be drafted onto the
aerial mylar sheets.
Obtain and review atlas sheets that identify water and sewer utility lines of Pasco
and Pinellas County, applicable municipalities, and private utility companies along
the route.
3.
Review atlases of telephone, power and cable TV utility companies for general
location of their underground service lines,
Obtain and review the capital improvement programs for Florida Department of
Transportation (FDOT), Pasco County and Pinellas County, and applicable
municipalities to determine impacts of any roadway projects planned within the
proposed gas corridor.
5,
Review the potential customer market survey prepared by CGS.
6,
Field investigate the route to evaluate site characteristics, area of environmental
concern, occupation and other major physical features that may influence route
selection.
7.
Obtain and review applicable development plans along the route.
8.
Discuss with Florida Power Corporation (FPC) representatives the ability to
extend the gas main with FPC rights-of-way and easements.
9.
Discuss with FDOT, Pasco County and Pinellas County the use of State and
County rights-of-way for gas main installation and other potential issues that may
affect the feasibility and cost of the gas main construction such as the ability to
hand the gas line on bridges to avoid subaqueous crossings.
10.
Discuss potential environmental constraints along the corridor with Florida
Department of Environmental Protection (FDEP), Southwest Florida Water
Management District (SWFWMD), Pinellas County and Environmental
Management Department, and applicable Pasco County staff.
11.
Review and evaluate the information collected and recommend a final route,
including which side of the roadways the gas main should be installed to avoid
constraints along the route.
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12. Delineate the recommended route on the 1" = 200' scale aerials to create
schematic drawings,
13. Prepare a Preliminary Planning Design Report describing design constraints,
engineering considerations, and permitting issues relating to and providing
justification for the recommended route. This report will also include a tentative
design and construction schedule for the gas main project along with a
Preliminary Engineer's Estimate of Probable Cost for the construction work.
14, Prepare, apply for, and respond to agency comments for environmental
(SWFWMD and FDEP) and right-of-way utilization permitting (FDOT, Pinellas
and Pasco Counties).
15. Prepare base mapping systems for the recommended route, showing all gas mains
and appurtenances in a layered format, as specified by CGS in AutoCADD
Version 12 format.
C. Meetings
The Consultant will attend meetings with CGS staff and City Commission, as requested
by the Client.
D. Preliminary Design Layout & Permit Preparation
The ENGINEER will prepare straight-line diagram plans showing all existing utility
locations determined by utility coordination efforts; identifying existing facilities to
remain in place and in service; existing facilities to be removed, adjusted or abandoned;
and new facilities to be installed. A review will be made with FDOT, their consultants
and other utilities to eliminate conflicts. A review will also be conducted with the
CITY'S Gas Department staff to determine serviceability and maintenance. The
ENGINEER will use construction record drawings prepared by FDOT whenever possible
to reduce design cost and assist in project coordination.
The ENGINEER will prepare the draft permit and modification requests,
II. CONTINGENCY SERVICES
The requirements of FDOT, SWFWMD, FDEP, Pinellas County, Pasco County and
existing utilities may require horizontal and/or vertical verification of existing utilities,
or other activities not included in the Scope of Services under Paragraph I. These
services will be provided upon authorization by the CITY,
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III. CONSTRUCTION PHASE SERVICES (Optional)
This task includes normal engineering services during construction, but does not include resident
project representation services. The fee for this task will be negotiated based on construction
requirements and schedules,
A. Engineering Services During Construction (Optional)
The ENGINEER will coordinate with prospective bidders during the bidding process,
pre-bid meeting, bid reviews, bid award and pre-construction conference, During
construction, the ENGINEER will review shop drawings, pay estimates, visit the job site,
prepare change orders, and coordinate with the appropriate agencies.
B. Resident Project Representation (Optional)
The ENGINEER shall furnish a Resident Project Representative (RPR) , assistant and
other staff to assist the ENGINEER in observing performance 0 the Work of the
Contractor (Work). Through more extensive on-site observations of the Work in
progress and field checks of materials and equipment by the RPR and assistants, the
ENGINEER shall endeavor to provide further protection for the CITY against defects
and deficiencies in the Work; but, the furnishing of such services will not make the
ENGINEER responsible for or give the ENGINEER control over construction means,
methods, techniques, sequences or procedures or for safety precautions or programs, or
responsibility for the Contractor's failure to perform the work in accordance with the
Contract Documents.
The duties and responsibilities of the RPR are limited to those of the ENGINEER in the
ENGINEER'S Agreement with the CITY and in the construction Contract Documents,
and are further limited and described as follows:
The RPR is the ENGINEER'S agent at the site, will act as directed by and under the
supervision of the ENGINEER, and will confer with the ENGINEER regarding RPR's
actions. RPR' s dealings in matters pertaining to the on-site work shall in general be with
the ENGINEER and the Contractor keeping the CITY advised as necessary, RPR's
dealing with subcontractors shall only be through or with the full knowledge and
approval of the Contractor. The RPR shall generally communicate with the CITY with
the knowledge or and under the direction of the ENGINEER.
Duties and Responsibilities of the RPR:
1.
Schedules: Review the progress schedule, schedule of shop drawing submittals
and schedule of values prepared by the Contractor and consult with the
ENGINEER concerning acceptability.
2,
Conferences and Meetings: Attend meetings with the Contractor, such as the pre-
construction conference, progress meetings and other project-related meetings.
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3. Liaison:
a. Serve as the ENGINEER's liaison with the Contractor, working
principally through the Contractor's superintendent and assist in
understanding the intent of the Contract Documents; and assist the
ENGINEER in serving as the CITY'S liaison with the Contractor when
the Contractor's operations affect the CITY'S on-site operations.
b, Assist in obtaining from the CITY additional details or information when
required for proper execution of the Work,
4. Shop Drawinl!s: Record date of receipt of Shop Drawings.
5. Review of Work:
a. Conduct on-site observations of the Work in progress to assist the
ENGINEER in determining if the Work is in general proceeding in
accordance with the Contract Documents.
b, Report to the ENGINEER whenever the RPR believes that any work does
not conform to the Contract Documents, or has been damaged, or does
not meet the requirements of any inspection, test or approval required to
be made.
6, Intel1'retation of Contract Documents: Report to the ENGINEER when
clarifications and interpretations of the Contract Documents are needed and
transmit to the Contractor clarifications and interpretations as issued by the
ENGINEER,
7. Modifications: Consider and evaluate the Contractor's suggestions for
modifications in Drawings or Specifications and report with the RPR's
recommendations to the ENGINEER, Transmit to the Contractor decisions as
issued by the ENGINEER.
8. Reports:
a. Furnish the ENGINEER reports of progress of the Work and of the
Contractor's compliance with the progress schedule and schedule of Shop
Drawing submittals.
b. Draft proposed Change Orders and Work Directive Changes, obtaining
backup material from Contractor and recommend to the ENGINEER
Change Orders, Work Directive Changes and Field Orders,
9,
Payment Requests: Review applications for payment with the Contractor for
compliance with the established procedure for their submission and forward with
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recommendations to the ENGINEER, noting particularly the relationship of the
payment request to the schedule of values, Work completed and materials and
equipment delivered at the site, but not incorporated in the Work,
10. Comoletion:
a. Before the CITY issues a Certificate of Substantial Completion, the RPR
shall submit to the Contractor a list of observed items requiring
completion of corrections.
b. Conduct final inspection in the company of the CITY and the Contractor
and prepare a final list of items to be completed or corrected,
c. Observe that all items on final list have been completed or corrected and
make recommendations to the CITY concerning acceptance,
Limitations of Authority
Resident Project Representative:
1. Shall not exceed limitations of the ENGINEER'S authority as set forth in the
Contract Documents.
2. Shall not undertake any of the responsibilities of the Contractor, subcontractors
or the Contractor superintendent,
3. Shall not advise on issue directives relative to or assume control over any aspects
of the means, methods, techniques, sequences or procedures of construction
unless such advice or directions are specifically required by the Contract
Documents.
4. Shall not advise on, issue directions or assume control over safety precautions and
programs in connection with the Work,
5. Shall not accept Shop Drawings from anyone other than the Contractor.
C. Project Close-Out
The ENGINEER will attend the final project inspection, will prepare record drawings
and certificates and submit these to regulatory agencies as necessary.
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V. CONTINUING GAS ENGINEERING SERVICES
The CITY may request the ENGINEER to provide services on other projects, as
identified, which may involve extensions of or off of the Pasco and/or Pinellas main lines
and any other associated gas system engineering work during the term of this Contract.
VI. CITY'S RESPONSffiILITIES
The CITY will:
A.
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Pay any permit application fees, review fees, and all other fees related to the
project.
B,
Contract with a soils laboratory to perform testing services as required during the
construction process,
C.
Provide all criteria and full information as to CITY'S requirements for the
Project, including design objectives and constraints, space, capacity and
performance requirements, flexibility and expendability, and any budgetary
limitations; and furnish copies of all design and construction standards which
CITY will require to be included in the Drawings and Specifications.
D,
Assist ENGINEER by placing at his disposal all available information pertinent
to the Project including previous reports and any other data relative to design or
construction of the Project,
E,
Arrange for access to and make all provisions for ENGINEER to enter upon
public and private property as required for ENGINEER to perform his services,
F,
Purchase reproducible 1" = 200' aerial basemaps from either an aerial
photogrametric consultant or from the two Counties,
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EXHffiIT B
COMPENSATION
The CITY agrees to compensate the ENGINEER for the services called for under Exhibit A in
accordance with the following fee breakdown.
I. METHOD OF COMPENSATION
The CITY agrees to compensate the ENGINEER for the professional services in accordance with
time charges identified in Section I above and the ENGINEER'S fee schedule (See Section IV),
Compensation for the services outlined in Section II of the Scope of Services shall be based upon
the actual time expended by the ENGINEER in accomplishing same, including reimbursement
for out-of-pocket expenses.
Additional Services not included in the above scope and requested by the CITY will be
compensated for on a time charge/out-of-pocket expense basis in accordance with the attached
Fee Schedule.
A, The CITY agrees to compensate the ENGINEER for the professional services in
accordance with the ENGINEER'S fee schedule (See Section IV), including
reimbursement for out- of-pocket expenses.
B, Continuing Services, Contingency Services and Additional Services: Services authorized
by the CITY other than those specifically listed in the Scope of Services shall be
considered Additional Services for which the CITY shall compensate the ENGINEER as
provided for herein, Additional services shall include revisions to work previously
performed that are required because of a change in the data or criteria furnished to the
ENGINEER, or a change in the scope or concept of the project initiated by the CITY or
FDOT, and/or services that are required by changes in the requirements of public
agencies, after work under this Agreement has commenced.
C. Out-of-Pocket Expenses: The CITY shall reimburse the ENGINEER for all
out-of-pocket expenses directly chargeable to the services provided at the actual cost,
Such charges shall be identified and included in the monthly invoices and shall be paid
as provided for in such invoices. Typical reimbursable expenses include long distance
phone charges, express mail, meals and travel expenses when traveling on the CITY'S
behalf outside of the Tampa Bay Area, computer time charges and identifiable
reproduction and facsimile charges.
D. The initialnot-to-exceed budget for Basic Services is $169,928, The initial budget for
Continuing Services, Contingency Services and Additional Services is $150,000. The
remaining fee from Basic Services shall be available for Continuing Services, if
authorized by the CITY,
E. A Schedule and Manhour Estimate for Basic Services is attached hereto,
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II. INVOICING PROCEDURE
A. The ENGINEER shall submit invoices to the CITY for work accomplished during
each calendar month. The amount of each monthly invoice shall be based on the actual
time worked at the rates provided in Section IV and out-of-pocket expenses for lump sum
amounts and time charges/out-of-pocket expenses for the work accomplished during the
invoicing period. Such invoices shall be submitted by the ENGINEER as soon as
practicable after the end of the month in which the work was accomplished and shall be
due and payable by the CITY upon receipt. A monthly progress report will be submitted
with each invoice.
III. MISCELLANEOUS
A. Fee Renegotiation: The ENGINEER'S fee presented in this proposal is based on a
continuity of those development stages presented. If the ENGINEER'S services continue
beyond January 1, 1996. The fees contained in this Attachment shall be subject to
renegotiation. Any change in such fees shall apply only to the unfinished service as of
the effective date of such change.
B, Regulatory Constraints: The CITY understands and agrees that should the CITY direct
the ENGINEER to perform a portion of the work prior to receiving the necessary
approval from the applicable regulatory agency, and regulatory agency approvals, when
granted, require changes to said work, such changes shall be considered as "Additional
Services" and the ENGINEER will be compensated for the "Additional Services" in
accordance with Paragraph LB. above.
C. Rules, Regulations, Ordinances: The CITY understands and agrees that the work
outlined in Section I of Exhibit A, Basic Services, and the fees outlined in Section I of
Exhibit B, Compensation, are based on the ENGINEER'S performing the service in
accordance with the existing City, County and State rules, regulations and ordinances
in effect at the time of execution of this Agreement and that should any changes to such
rules, regulations and ordinances be made, the ENGINEER will be compensated for any
"Additional Services" necessitated by such changes in accordance with Paragraph I. B.
above.
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I
I
IV. FEE SCHEDULE (Subject to change after January 1, 1996)
JOB CLASSIFICATION
RATE ($/HOUR)
PRINCIPAL . , . . . . . , , . . . . . . . . . . $95.00
PROJECT/CONSTRUCTION MGR ",. $75,00
ENGINEER/PLANNER. . . , . , , . . . . , $65.00
DESIGNER .".,...,.,.,...." $55.00
FIELD REPRESENTATIVE. , . . . . . . , $45.00
TECHNICIAN ...,.,........... $45.00
DRAFTSPERSON ...".,.,..".. $35.00
ADMINISTRATIVE/CLERICAL , . . . , , $30,00
3 MAN - SURVEYING CREW . . . . , , . $65.00
CADD W/OPERATOR , . . , , . . , . . . . $60.00
Schedule:
The Consultant will complete the above described services as follows:
A. The ENGINEER will provide CGS with the Feasibility Engineering Report for Section
One (30 miles of main line along US Highway 19, SR 54 and SR 52, shown as Phases
1, 2 and 3) within four weeks from the Notice to Proceed.
B, The ENGINEER will apply for all required environmental, FDOT and Pasco County
Right-of-Way Utilization permits for Section One (30 miles) within four weeks from the
submittal of the Section One Feasibility Engineering Report,
C, The ENGINEER will provide CGS with the Feasibility Engineering Report for Section
Two (16 miles of main line along Little Road and East Lake Road, shown as Phases 4
and 5) within four weeks from the application of Section One permitting.
D. The ENGINEER will apply for all required environmental, FDOT, Pasco County and
Pinellas County Right-of-Way Utilization permits for Section Two (16 miles) within four
weeks from the submittal of the Section Two Feasibility Engineering Report,
E, The ENGINEER will provide CGS with base mapping systems for the entire route of the
46 mile project within six weeks from the application of Section Two permitting,
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