ALLENS CREEK WATERSHED MANAGEMENT HERCULES AVENUE
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AGREEMENT FOR CONSULTANT SERVICES
FOR THE
DESIGN OF A WATERSHED REHABILITATION PROJECT
AT HERCULES AVENUE AND ALLEN'S CREEK
TIllS AGREEMENT, made and entered into this II:- day of ~ 1996, by and
between the City of Clearwater, Florida, hereinafter referred to as the CITY, and Tampa Bay
En~ineerin~. Inc. , with offices in Clearwater. Florida , hereinafter referred to as
the CONSULTANT.
WITNESSETH, That
WHEREAS, the Allen's Creek watershed is contained within portions of the City of Clearwater,
the City of Largo and the unincorporated part of Pinellas County, hereafter referred to as the
"WATERSHED," encompassing approximately four thousand seven hundred (4,700) acres, and
containing a twenty-seven (27) acre site near Lakeview Road and Hercules Avenue proposed for the
construction of a surface water management facility, and flood plain and wildlife habitat restoration
hereinafter referred to as the "PROJECT;" and
WHEREAS, the CITY, Pinellas County, and the Southwest Florida Water Management District
have entered into an Agreement for the design and implementation of the PROJECT; and
WHEREAS, the CITY desires to engage the CONSULTANT to provide professional engineering
and environmental services in accordance with this agreement; and
WHEREAS, the CONSULTANT has expressed the willingness and ability to provide such services
in accordance with the Agreement;
NOW THEREFORE, the CONSUL TANTand the CITY, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
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SECTION 1
SCOPE OF PROJECT
1.1 INTENT OF THIS AGREEMENT
This project is being developed in accordance with the Cooperative Agreement between the
Southwest Florida Water Management District, Pinellas County, and the City of Clearwater for the
design and implementation of the PROJECT the objectives of which will include but are not limited
to:
Management of surface water runoff to Allen's Creek, including attenuation of in-stream
peak flow rates.
Biological treatment of surface runoff, including retrofit of existing stormwater pollutant
sources.
Restoration of the natural flood plain in such a manner as to maintain an appropriate balance
among and improve wildlife utilization of uplands, open water and intermediate wetlands
habitats.
Provision of an educational opportunity for the general public by illustrating methods of
surface water management, water quality improvement, and enhancement of wildlife habitat
and value of vegetative diversity.
1.2 PROJECT DESCRIPTION
The twenty-seven (27) acre site referred to as the Maple Swamp is located in the Allen's Creek
watershed, on parcels owned by Pinellas County and the City of Clearwater. The area is near
Hercules Avenue and Lakeview Road, in a residential community and adjacent to Plumb
Elementary School. Clearwater High School is one mile to the north. A concrete sidewalk which
traverses the site is primarily used by children living to the east while walking to nearby Plumb
Elementary to the west.
Historically, the site was a floodplain forest dominated by red maple (Acer rubrum) and bay (Persea
spp.) trees. Portions of the site were either filled and now are maintained fields or were mined for
borrow material and peat. The borrow sites now contain water and support nuisance vegetation such
as Brazilian pepper (Schinus terebeinthifolius), willow (Salix caroliniana) and cattail (Typha spp.)
In the remnant floodplain forest where peat mining occurred Brazilian pepper and air-potato
(Dioscorea bulbifera) have encroached.
A preliminary evaluation of the opportunities for this site indicate that current public ownership
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offers an excellent opportunity to restore the habitat values lost by historical activities. Because of
the site's proximity to Allen's Creek, a stormwater treatment facility should also be incorporated into
the design. To maximize the use of public property, habitat and stormwater features could be
designed into a park master plan including nature trails and interpretive stations.
The habitat restoration effort should include removal of exotic vegetation and replacement with
desirable native species. Although natural recruitment of desirable species into areas where exotic
or nuisance plants have been removed is a cost effective management tool, replanting with native
vegetation as necessary. Upland habitats should be enhanced to attract various species of native
birds, mammals and reptiles, as well as prey species.
To enhance the overall water quality of Allen's Creek, stormwater treatment features should be
incorporated into the design of this project. Various types of systems could be employed including
biological treatment systems (i.e. vegetated wetlands) located in littoral zones along created streams
and ponds, floodplain wetlands for flood attenuation, and creation of meandering channels designed
above and below the normal water elevation.
The design of the PROJECT should increase the capacity of the creek to store runoff and attenuate
peak flow rates in accordance with the current Allen's Creek Watershed Management Plan (pg. II.
1.2.15 - Allen's Creek Early Action Plan, January 13, 1995).
The habitat and stormwater features can be incorporated into an overall park master plan. Nature
trails can meander throughout the historic hardwood forest, lacustrine wetlands, creek channels and
connecting upland habitats. Interpretive stations can describe the habitats on the property, and the
overall goals and benefits of the project itself. To maximize the educational benefits, the park can
be designed to be used by local schools as an outdoor classroom.
Monitoring and maintenance of the wetland habitats will be required and may extend to five (5)
years beyond construction completion. Monitoring the survival of planted vegetation, occurrence
of exotic or nuisance vegetation, and wildlife use of the site is also proposed.
1.3 LIMITS OF WORK
1.3.1 The PROJECT limits shall encompass all areas required for the
improvements described herein and shall extend, laterally and linearly, to
those boundaries, in accordance with good engineering practice, to render the
proposed improvements compatible with abutting property and all existing
drainage systems.
1.3.2 It is desirable that proposed improvements be contained within the limits of
existing publicly owned lands, rights-of-way, or easements where practical
and feasible.
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1.4 KEY PERSONNEL
l.4.l The CITY reserves the right to approve/disapprove for whatever reason all
personnel assigned to this project by the CONSULTANT. The individual(s)
named in Schedule 1 and/or such other individuals who are to be assigned to
work under this contract are necessary for the successful performance of this
contract. The CONSULTANT agrees that whenever for any reason, one or
more of the aforementioned individuals are unavailable for performance
under this contract, the CONSULTANT shall replace such individual(s) with
an individual(s) of substantially equal abilities and qualifications, subject to
approval by the CITY.
1.4.2 The CONSULTANT shall submit to the CITY a resume giving the full
name, title, qualifications, and experience, for all successors and/or new
persons prior to assignment of such personnel to perform work under this
contract. Should the CITY decide the successor personnel does not meet the
qualifications of the replaced personnel, or in the case of new personnel, the
CITY determines they are not qualified to perform the work assigned, the
CITY will advise the CONSULTANT accordingly. The CONSULTANT
shall then submit name(s) and qualifications of an individual(s) to the CITY
until a determination is made by the CITY that the replacement individual(s)
has substantially equal abilities and qualifications of the individual(s) named
herein.
1.4.3 The CITY, Pinellas County, and SWFWMD will each designate a single
Project Representative, hereinafter referred to as CITY, COUNTY and
DISTRICT, who will serve as a liaison on all matters related to the
development of the PROJECT. The CONSULTANT, in recognition of the
existing Cooperative Agreement, shall simultaneously copy project
correspondence to the CITY, COUNTY and DISTRICT.
SECTION 2
SERVICES TO BE PROVIDED BY CONSULTANT
2.l PROJECT MANAGEMENT AND COORDINATION
2.1.1 Work Program Coordination - The CONSULTANT must coordinate work
activities with the CITY, COUNTY and DISTRICT, other involved State
agencies, municipalities, and other vendors. The CONSULTANT shall
submit a procedure outlining coordination activities. The CITY will,
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however, be the primary contact.
2.l.2 Project Coordination Meeting - The CONSULTANT shall designate in
writing to the CITY, the Project Manager and those persons who will
supervise and coordinate the essential portions of the project. The
CONSULTANT shall schedule an initial joint coordination meeting.
2.2 INFORMATION COLLECTION AND MANAGEMENT
The objective of this task is to research work already performed in the PROJECT area and gather
pertinent data in order to evaluate the status of the ecological health of the system, and to determine
the most appropriate watershedlwaterbody model as it pertains to the project goals and proposed
improvements. This will include but not be limited to a review of the following information:
a. Existing Allen's Creek reports relative to the study area.
b. Hydrologic and meteorological records.
c. City Stormwater Atlas Sheets
d. Existing drainage and stormwater management systems within the
study area
e. Rectified aerial photography of the study area (available on l' equals
40' with one foot contours from the CITY)
f. Documentation of significant flood events. Identify 25 and 100 Year,
24 Hour, frequency floodplains. The verification and calibration for
computer modeling may require an investigation of past events which
have existing documentation (i.e. rainfall data and streamflow
records).
g. Present and projected land use within the study area including the
land use elements of the City of Clearwater, and Pinellas County
Comprehensive Plans, and major developments that have been
approved within the study area.
h. Drainage maps for City, County and State roads within the study area.
I. Surface water quality and sediment data.
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J. Ecological studies.
k. Rules and laws related to stormwater and flood plain management
(local, regional, state, and federal) pertinent to the study area
1. Historical and/or archaeological sites from the State Historical
Preservation Officer.
m. Soils and geotechnical information required to identify soils related
problems using USGS hydrologic maps, soil survey maps, and the
Soil Conservation Service.
2.2.2 Evaluate and Define Deficiencies of Existing Data - Existing available data
shall be evaluated to identify any missing data necessary to the study.
Additionally, conflicting data will be identified. Missing or conflicting data
will be evaluated to determine the appropriate method of obtaining the
needed data or resolving conflicts.
2.2.3 Survey, Geologic, and Topographic Base Data - Maximum use will be made
of data found in existing studies once verified. Rectified aerial photography
is available at a scale of 1" equals 40' with one foot contours.
All surveying shall be performed under the direction and control of a Florida
Registered Professional Land Surveyor.
The CONSULTANT shall provide surveying as follows:
a. Topographical survey services necessary for determining water
surface profiles, aerial extent of existing flooding and of design
storms, conceptual design and permitting of channel improvements
and related drainage structures, including wetland jurisdictional
limits, and any required mitigation area(s) and/or stormwater
treatment facilities related to the PROJECT.
b. The CONSULTANT shall record survey data in acceptable field
books with copies of all survey notes delivered to the CITY upon
completion of all surveying.
c. The CONSULTANT may elect to use data collectors and magnetic
files in place ofwrltten notes or a combination of the two. If so, the
CONSULTANT shall provide a copy of the information in digital
form.
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d. The CONSULTANT shall prepare the construction base sheets with
topographic information and boundary survey using a scale of l"
equals 40' to coincide with available May, 1994 rectified aerial
photography. The use of photography does not relieve the
CONSULTANT from field locating any topographic features that
may be obscured from the image.
e. The CONSULTANT shall be responsible for obtaining geotechnical
information required for design and construction of the PROJECT.
This will include, but not be limited to, percolation, standard
penetration test or auger borings, soil classification, seasonal high
water table, and grain size analysis. These activities will include all
field work, laboratory analysis and geotechnical report preparation.
f. The CONSULTANT shall provide on 1" equals 40' mapping:
l. Stream channel cross-section location
2. Proposed channel improvement locations
3. Storage areas
4. Structure numbers
5. 25 and 100 year frequency, 24 hour duration flood boundary
(pre and post construction)
g. The CONSULTANT shall also provide flood profiles showing all
structures, locations, sizes, dimensions with invert elevations for
drainage structures. This information shall be provided on 24 by 36
inch drawings. The CONSULTANT shall provide mylar deliverables
of aerial maps and flood profiles as described. All drawings shall be
signed and sealed by an engineer registered in the State of Florida.
2.3 CONCEPTUAL DESIGN
The CONSUL T ANT shall furnish all design services necessary to perform the conceptual design
phase. The intent of conceptual design is to select the treatment train, wetland enhancements and
site ammenities. The CONSULTANT shall prepare "modular" elements for alternatives. At a two
day "brain-storming" meeting the CONSULTANT along with the CITY, COUNTY and DISTRICT
shall select the modular elements and one alternative for the conceptual design. A colaborate
decision will be made during the meeting to select the best conceptual design alternative that
addresses the project objectives. The CONSULTANT shall develop a draft conceptual plan for a
public information meeting. The CONSULTANT shall address any substantive comments and
prepare the final concept plan. The final conceptual design and a preliminary cost estimate for the
PROJECT shall be presented to the CITY, COUNTY and DISTRICT for their review and approval.
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2.3.l The CONSULTANT shall provide all engineering investigations necessary to
evaluate existing conditions and facilities including on-site utilities and their
potential impact on the PROJECT. The CONSULTANT shall be responsible for
mapping known utilities in the survey phase and the CITY will provide the utility
companies with plan sets of design at all review stages.
2.3.2 All engineering investigations and analysis necessary to prepare a final conceptual
design which will adequately meet the permitting requirements of the permitting
agencies.
2.3.3 All engineering investigations and analysis necessary to determine the requirements
for the protection and enhancement of adjacent wetlands.
2.3.4 Interpretation as to the effect of the PROJECT on adjacent developments.
The CONSULTANT shall be responsible for calculations considering the contributing basin
in order to determine water quality treatment volumes. The PROJECT area receives flow
from upstream areas in addition to direct discharge for adjacent residential properties.
The calculations will be utilized in order to design the treatment facility, maximize storage,
control structures and distribution swales for stormwater attenuation and water quality
improvements. Based on input parameters such as drainage areas, land use, slopes, soil
types, runoff coefficients etc., preliminary stormwater calculations will be made to determine
tailwater conditions.
The CITY, COUNTY and DISTRICT will have twenty (20) calendar days to provide
comments to the CONSULTANT for review and approval of draft and final conceptual
design documents.
2.3.5 Design Drawings for Educational Displays
The CONSULTANT shall be responsible for the production of final color educational
drawings that illustrate the improvements proposed for the PROJECT. The draft educational
graphics will be produced by the DISTRICT, CITY and COUNTY.
2.3.6 The CONSULTANT shall prepare a conceptual design report that includes the project
goals, design approach, results of the above investigations and analysis, calculations,
preliminary modeling results, and other pertinent data.
2.4 FINAL DESIGN
The CONSUL T ANT shall, after written notification of the approval by all three parties of the final
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conceptual design, prepare a final design and construction plans.
2.4.l CONSTRUCTION PLAN PREPARATION
The CONSULTANT shall be required to produce a plan set which will allow for the
permitting and the construction of the approved conceptual plan. This construction
plan set will include but not be limited to a cover sheet with location map, general
notes sheet, plan sheet with improvements, planting plan sheet, erosion control sheet,
drainage map, plan view sheets with profiles if needed, cross-section sheets, and
appropriate details as necessary for construction of the project.
All topographic features and existing facilities shall be shown in order to permit
determination of project impact on adjacent properties. Trees and tree clusters of a
species and size included in the environmental assessment shall be shown on the
construction plans. All known existing underground utilities, drainage structures,
and other facilities within the project limits shall be shown on the construction plans.
Plan and cross-section sheets shall show station and offset information or other
geometric control to structures, structure dimensions, pipe inverts and sizes, and
other pertinent information for the proposed facilities.
All sheets in the construction plan shall be 24 inches by 36 inches, with title blocks
including the CITY format, with sign-off blocks for COUNTY and DISTRICT on
the cover sheet.
A tabulation of earthwork quantities shall be shown on the cross-section sheet.
The CONSULTANT shall be required to produce a plan set which will allow for the
construction of the approved conceptual plan. The CONSULTANT shall provide the
CITY, COUNTY and DISTRICT four (4) sets each, of prints with PROJECT design
at the preliminary engineering review 30%, 60%, 90%, and 100% stages of the
PROJECT. The CONSULTANT shall provide a copy of the specific technical
provisions of the construction contract documents for review and approval at the 90%
and 100% review stages. Twenty (20) working days shall be scheduled for CITY,
COUNTY and DISTRICT review at each stage. The CONSULTANT shall
incorporate combined comments of all commenting agencies after each review. It
will be the responsibility of the CITY to ensure compilation of a single set of
comments to the CONSULTANT.
The CONSULTANT shall provide a construction cost estimate for the project with
the 60%, 90% and 100% review plans.
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2.4.2 SPECIFICA nONS
The CONSULTANT shall prepare technical specifications (specific provisions) as
required to bid the project and for proper construction of the project. These
specifications will be included in the standard contract document prepared by the
COUNTY which includes boiler plate on insurance, bonding, etc. The CITY will
provide the CONSULTANT with the legal section of the specifications and samples
of technical specifications for CONSULTANT revision as needed for the PROJECT.
The DISTRICT and COUNTY will have input into the specific provisions of the
Technical Specifications at the various review stages. The CONSUL T ANT shall be
responsible for the final technical specifications which shall be provided to the CITY
for their preparation of final specification package.
Prior to the advertising for bids for construction of the project, the CONSULTANT
shall sign and seal two (2) sets of prints and two (2) sets of specifications. Each sheet
in the construction plans print set shall be signed, sealed and dated. The title sheet
only of the specifications shall be signed, sealed and dated.
2.4.3 FINAL REPORTS
The CONSULTANT shall prepare the final design report and submit four (4) copies
each to the CITY, COUNTY and DISTRICT for review and comment. The report
will include the information used for the calculations as well as the calculations. A
maximum of twenty (20) calendar days will be scheduled for CITY, COUNTY and
DISTRICT review. Upon completion of the approved project design, the
CONSULTANT shall provide three (3) copies of the final design reports to the
CITY, COUNTY and DISTRICT.
2.4.4 REPRODUCIBLE DRAWINGS
Upon acceptance of the final design by the CITY, COUNTY and DISTRICT, the
CONSUL T ANT shall furnish the original construction specifications and
reproducible drawings to the CITY and four (4) copies to the COUNTY and the
DISTRICT.
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2.5 PROJECT STORMW ATER MODELING
The CONSULTANT shall incorporate the proposed drainage related improvements into a
Stormwater Model to determine the hydraulic effects in the project basin area. The CONSULTANT
shall be required to review existing modeling data that has been developed for the Allen's Creek
watershed and make the necessary modifications for evaluation of the PROJECT. The
CONSULTANT shall employ the current Allen's Creek Computer Model or other appropriate
hydraulic model in the design of the PROJECT and integrate hydrologic, and hydraulic features.
2.6 PERMITS
2.6.1 The CONSULTANT shall seek approval and/or affirmative comments from
permitting agencies having jurisdiction over the PROJECT area for the conceptual
design. The CONSULTANT shall sche~ule meetings with the various agencies and
shall give adequate notice to the CITY of each meeting scheduled so that PROJECT
REPRESENTATIVES can be in attendance. Subsequent to obtaining conceptual
approval/or affirmative comments, the CONSULTANT shall proceed with
development of the final PROJECT design.
2.6.2 Permitting agencies having jurisdiction may include, but are not limited to, the
Florida Department of Environmental Protection, U.S. Army Corps of Engineers,
Southwest Florida Water Management District, Florida Game and Fresh Water Fish
Commission, U.S. Fish and Wildlife Services, U.S. Environmental Protection
Agency. Review agencies may include the Tampa Bay National Estuary Program,
and the Tampa Bay Regional Planning Council.
2.6.3 The CONSULTANT shall prepare and submit permit applications and/or permit
amendment packages complete, with all supporting documents, including any
modeling to the appropriate agencies. The permit application package shall be
included as part of the 60% review plans and design report and shall be reviewed and
approved by all three parties within fourteen (14) calendar days prior to regulatory
agency submittal.
2.6.4 The CONSULTANT shall prepare and submit additional information and respond
to the questions and comments received from the regulatory agencies during their
review of the permit applications through permit acquisition.
2.6.5 The CITY will be named as applicant on all applicable environmental and
construction permits.
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2.6.6 The CITY will pay all permit fees and publish all notices as required by the
regulatory agencies.
2.7 PRESENTATIONS, PUBLIC MEETINGS AND TECHNICAL LIAISON
The CONSULTANT shall keep accurate minutes of all meetings and distribute copies to all
participants, within seven (7) calendar days after the meetings. The meetings will be set up through
the CITY and the CITY, COUNTY and DISTRICT will attend. The CONSULTANT shall
coordinate with the CITY and prepare the necessary agenda for each meeting to be held. Agenda
shall be submitted to the CITY at least five (5) working days prior to any scheduled meeting. All
display material shall be developed and prepared by the CONSULTANT.
2.7.1 Prior to the commencement of PROJECT activities, the CITY will conduct with the
CONSULTANT one project initiation conference for the purpose of discussing issues
relative to the PROJECT and submittal schedules and to convey to the
CONSULTANT such items provided for under Section 2.1 as may be required and
available at that time.
2.7.2 The CONSULTANT shall be required to participate in a regularly scheduled monthly
Status or Progress Meeting during PROJECT development. It is anticipated that
CITY, COUNTY and DISTRICT will attend the project initiation conference and the
monthly status review meetings. A total of fourteen (14) Monthly Status Meetings
are proposed for this Agreement. The CONSULTANT and CITY, COUNTY and
DISTRICT will also participate in two (2) day "brain-storming" meeting to select a
final alternative for conceptual design.
2.7.3 The CONSULTANT shall be required to conduct, with assistance from the CITY and
at a location to be provided by the CITY, all preapplication meetings and two public
information meetings concerning the PROJECT. The purpose of the meetings are
to inform the public of the PROJECT as well as gather public input.
2.7.4 Public Information Meeting Requirements
These meetings are to be advertised and conducted as an information meeting. The
CONSULTANT shall conduct the meetings and prepare all necessary
advertisements, notices, displays, maps, scripts, etc. The CITY, COUNTY and
DISTRICT will assist the CONSULTANT in conducting the meetings. The
CONSULTANT may be required to actively participate in the presentation as
follows:
a. All presentations (script and graphics), media releases, legal and display
advertisements, and general (mass) property owner letters shall be prepared,
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published and distributed by the CONSULTANT as authorized by the CITY,
after approval by the COUNTY and DISTRICT.
b. Display Advertisements. A black and white, quarter page display
advertisement announcing the meeting shall be prepared by the
CONSULTANT and submitted to the CITY for approval. The
CONSULTANT shall publish the advertisement in the Section A of St.
Petersburg Times newspaper.
c. News releases shall be prepared by the CONSULTANT and submitted to the
CITY for approval prior to publication by the CONSULTANT.
d. A Memorandum with location shall be prepared and sent to the CITY Project
Manager for submission to the CITY Public Information Department for
distribution.
e. The meeting format shall be developed by the CONSULTANT and approved
by the CITY.
f. Prepare displays or wall graphics for use during the meeting. These may
include typical sections, aerial photographs, renderings, charts, and graphs,
as needed.
g. A briefing by the CONSULTANT of CITY, COUNTY and DISTRICT
representatives who will participate in the Public Information Meeting shall
be held at least five (5) working days prior to the Public Information
Meeting. The briefmg shall be combined with a monthly progress meeting.
The briefing will also provide opportunity to review the proposed Public
Information Meeting format and all visual display and presentation items
prior to the meeting, therefore, allowing time for any required revision to
these items.
h. Following the completion of each Public Information Meeting, an in-house
meeting with the CITY, COUNTY and DISTRICT shall be scheduled by the
CONSULTANT to address public input. The CONSULTANT shall review
the public information gathered and prepare his recommendations regarding
any viable public comments that may improve the PROJECT.
2.7.5 With written authorization, anyone of the above meetings may be substituted for
another meeting in the Tampa Bay area without added cost to the CITY. If the total
public meetings and presentations as identified in this Agreement are exceeded,
compensation may be provided in accordance with Section 7 of this Agreement.
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2.8 CONSTRUCTION SERVICES
2.8.1 BIDDING SERVICES
The CONSULTANT shall attend a prebid conference, answer any contractor
questions, and if required assist in the preparation of an addendum (1) to all attendees
at the pre bid meeting or individuals that have picked up the contract documents.
2.8.2 CONSTRUCTION REVIEW
Subsequent to the CITY executing the contract with the contractor, the
CONSUL T ANT shall attend a preconstruction meeting. Subsequent to the
mobilization of the contractor and commencement of construction, the
CONSULTANT shall visit the site periodically to review the contractor's progress.
A total of six (6) site visits are proposed for this Agreement. Any changes to the
permitted design requested during construction must be approved by the CITY,
COUNTY and DISTRICT and the CONSULTANT prior to the implementation of
the change. The CONSULTANT shall contact the CITY prior to visiting the site.
The CONSULTANT shall immediately notify the CITY in writing with copies to the
COUNTY and the DISTRICT of any deviations for the construction plans and/or
specifications or permit conditions during the PROJECT construction.
2.8.3 RECORD DRAWINGS/CERTIFICATIONS
The CONSULTANT shall make one (1) final field review of the project with the
CITY, COUNTY and DISTRICT. Based upon information provided by the CITY
and/or contractor, including a detailed survey of the completed PROJECT signed an
sealed by a Registered Land Surveyor, the contractor will prepare record drawings
and the CONSULTANT shall submit the final certifications of the project to the
CITY once approved and accepted by the CITY, COUNTY and DISTRICT. The
CONSULTANT shall also submit the project certifications to the permitting agencies
as required. The survey required for record drawing purposes will be prepared by the
Contractor or CITY. At the completion of the project the original mylars will be
provided to the CITY and one (1) set of mylar copies to the DISTRICT.
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SECTION 3
SUBMITTALS
3.1 SUBMITTAL REQUIREMENTS (GENERAL)
Each submittal called for below shall be delivered with a transmittal letter signed by the
CONSULTANT's Project Manager stating that the submittal package is complete, and all pertinent
calculations and details have been checked for accuracy and completion. Checks will be performed
by the CITY to confirm that the submittal is complete. Incomplete submittals will be returned to the
CONSULTANT. All engineering documents must be signed and sealed by a Professional Engineer
registered in the State of Florida.
3.1.1 Invoicing from the CONSULTANT and payment by the CITY will be directly
correlated to submittal progress as outlined under Schedule of Payments.
3.1.2 The CITY in no way obligates itself to check the CONSULTANT's work and further
is not responsible for maintaining project schedules.
3.1.3 The actual acceptance by the CITY of any submittal, or the final acceptance by the
CITY of the PROJECT plan documents and reports provided for in this Agreement,
shall neither constitute nor imply any review or approval by the CITY of the services
performed by the CONSULTANT under the provisions of this Agreement, but shall
indicate only the CITY's acceptance of the CONSULTANT'S affirmation of
compliance with the provisions and intent of this Agreement.
3.1.4 By executing this Agreement the CONSULTANT accepts the responsibility and
obligation to correct, to the satisfaction of the CITY Engineer and Director of
Environmental Management, and at no additional cost to the CITY, any and all
deficiencies in the preparation of the reports for this PROJECT resulting from errors
or omissions at such time and whenever the deficiencies may become known. Final
acceptance by the CITY of PROJECT reports and contract documents provided for
in this Agreement shall not relieve the CONSULTANT of compliance with the intent
of this Agreement to provide the CITY with documents that are complete in every
respect.
3.2 SUBMITTAL REQUIREMENTS
Prior to the pre-commencement meeting, the CONSULTANT shall develop and submit a PROJECT
schedule for review and approval by the CITY, COUNTY and DISTRICT.
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The CONSULTANT shall provide interim work products (preliminary engineering reports, 30%,
60%, 90% plans, etc.), as applicable for review and comment. Upon completion and written
acceptance of the final design by the CITY, COUNTY and DISTRICT, the CONSULTANT shall
provide reproducible mylar drawings for the PROJECT to the CITY. The CONSULTANT shall,
upon completion of all work products provide one (1) copy of all reports, maps , modeling on
computer disk, construction plans, and other documents to the CITY, COUNTY and DISTRICT.
SECTION 4
SERVICES TO BE PROVIDED BY THE CITY
The CITY will provide the following for the CONSULTANT's use and guidance:
4.1 Copies of all existing drainage studies and plans, computer information, existing maps,
existing aerial photographs, as built construction plans and other available information
and data pertinent to the PROJECT which the CITY, COUNTY and DISTRICT may
have in their possession.
4.2 Copies of CITY and COUNTY Comprehensive Plans.
4.3 Copies of Clearwater Stormwater Atlas Maps and Allen's Creek Watershed Management
Plan documents.
4.4 Reproducibles of any standard drawings applicable to the PROJECT.
4.5 Water quality data generated by the CITY and the COUNTY.
4.6 Verification of aerial contour grid elevations.
4.7 Boundary survey for project site.
4.8 Electronic copies of CITY title blocks and details.
4.9 Water Quality Monitoring and Testing.
4.l0 Example Specifications and Plan Sets from CITY, COUNTY and DISTRICT.
SECTION 5
PROGRESS REPORTS
5.1 Subsequent to receipt of the "NOTICE TO PROCEED," and prior to submittal of the first
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invoice for fees earned, the CONSULTANT shall submit for the CITY's approval a schedule
showing the completion dates for the various work items and milestones comprising the total
work effort estimated to be required for the completion of the BASIC SERVICES provided
for in this Agreement under Section 2, the weight of each work item in proportion to the total
work effort, and the portion of the total BASIC FEE assigned to each work item.
5.2 The CONSULTANT shall submit to the CITY, no later than the tenth (lOth) day of each
month, a progress report reflecting the PROJECT status, in terms of the total work effort
estimated to be required for the completion of the BASIC SERVICES, as of the last day of
the preceding month. The report shall show all work items, the percentage complete of each
item, the percentage of total work effort represented by each item, and the percentage of total
work effort completed.
5.3 All progress reports and invoices shall be mailed to the attention of the CITY's Project
Manager, Environmental Management, City of Clearwater, P.O. Box 4748, Clearwater,
Florida 34618.
SECTION 6
COMPENSATION TO THE CONSULTANT
6.l The CONSULTANT shall be compensated for all services rendered under this Agreement
in accordance with the provisions of Schedule 2 (to be added).
6.2 Services described and provided for under Section 2.0 will constitute the BASIC SERVICES
provided for in this Agreement. For the BASIC SERVICES provided for in this Agreement,
the CITY agrees to pay the CONSULTANT fee of two-hundred thousand dollars ($200.000)
which amount shall constitute the total BASIC FEE. The BASIC FEE shall be the total and
complete amount payable to the CONSULTANT for the performance of the BASIC
SERVICES, and shall include the cost of all materials, equipment, supplies and out-of-
pocket expenses incurred in the performance of the BASIC SERVICES.
In the event that this Agreement is terminated under the provisions of this contract the total
and complete compensation due the CONSULTANT shall be as established by the CITY
based on its determination of the percentage of Basic Services work effort completed to date
of termination.
6.3 Contingency services - When authorized in writing by the CITY, the CONSULTANT shall
furnish services such as revisions to schematic plans, additional surveying, and water quality
monitoring that may result from the desires of affected property owners, or utility owners,
or from other unforeseen circumstance resulting in minor changes in the PROJECT scope.
Contingency services could also include, but not be limited to, environmentaVcontamination
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assessments and various survey services as required.
The CITY agrees to pay the CONSULTANT, a negotiated fee based on the work to be
performed under contingency services, up to an amount not to exceed ten percent (10%) of
the BASIC FEE.
6.4 Additional Services - When approved as an amendment to this Agreement, and authorized
in writing by the CITY, the CONSULTANT shall provide such additional services as may
become necessary because of changes in the services delineated in Section 2.
Additional services may also include but are not limited to the following:
An expanded analysis and reports/plans needed as a result of project investigations.
The CITY agrees to pay the CONSULTANT a negotiated total fee based on the work to be
performed under additional services.
SECTION 7
SCHEDULE OF PAYMENTS
The CITY will make monthly payments to the CONSULTANT in accordance with the following
terms:
7.1 The CONSULTANT shall submit, with each of the monthly progress reports provided for
under Section 6.2, three (3) copies of an invoice for fees for work accomplished. The
invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to
the percentage of the total BASIC SERVICES work effort completed as reflected by the
progress report.
7.2 For the work effort performed toward the project described in Section 2. The payments to
the CONSULTANT of the Basic Fee shall not exceed the percentage of the Basic Fee until
specific milestone events are completed as follows:
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...".... .... --.."" ""., .. .., ...... , .. .. .. .. .,
~~JMPMD~~.G'~~~~RqI:N~~ql>
Conceptual Design
30% Design
60% Design
90% Design
100% Design
45%
65%
75%
85%
95%
Construction Bid
96%
Construction Award
97%
Construction Period
98%
Certifications
100%
Note: Payment to subconsultants is based on their services and is not included in the above
percentages.
7.3 Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to the CONSULTANT for correction.
SECTION 8
PERIOD OF SERVICE
8.1 The CONSULTANT shall begin work promptly after receipt of a fully executed copy of this
Agreement; such receipt shall constitute written notice to proceed.
8.2 If the CONSULTANT's design services called for under this Agreement are delayed for
reasons beyond the CONSULTANT's control, the time of performance shall be adjusted
appropriately. If the design services under this agreement continue for a period of more than
two (2) years from the beginning date (as above provided), the fees contained in Schedule
2 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.
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SECTION 9
INSURANCE REQUIREMENTS
9 .1 Workers Compensation and Employers Liability - The CONSULTANT shall procure and
maintain, for the life 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.
9.2 General Liability - The CONSULTANT shall procure and maintain, for the life of this
Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability. Coverage shall be no more restrictive than
the latest edition of the Commercial General Liability Policies of the Insurance Services
Office.
9.2.1 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.
9.2.2 The minimum limits of coverage shall be five-hundred thousand dollars ($500,000)
Per Occurrence Combined Single Limit for Bodily Injury Liability and Property
Damage Liability.
9.2.3 The CITY will be included and identified as an Additional Insured under the
policy/certificate of insurance.
9.3 Business Automobile Liability - The CONSULTANT shall procure and maintain, for the
life of the Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be a three-hundred thousand dollars ($300,000) 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 that the latest edition of the Business Automobiles Policies of the Insurance
Services Office.
9.4 Indemnity - The CONSULTANT shall defend, indemnify, save and hold the CITY harmless
from any and all claims, suits, judgements and liability for death, personal injury, bodily
injury or property damage arising directly or indirectly from the performance of this
Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or
other legal expenses. The CONSULTANT acknowledges that it is solely responsible for
complying with the terms of the Agreement.
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9.5 Professional Liability - The CONSULTANT shall furnish proof of Professional Liability
(Errors & Omissions) coverage on an occurrence or claims-made form with a retro-active
date inception of contract with CITY or earlier. The minimum limits of coverage shall be
five-hundred thousand dollars ($500,000) per occurrence, with deductible or self-insured
retention (S.I.R.) indicated.
9.6 Supplemental Provisions
9.6.1 The insurance coverages and conditions afforded by this policy shall not be
suspended, voided, canceled or modified except after twenty (20) days prior written
notice by certified mail return receipt requested has been given to both the CITY
Engineer and the Risk Management Office of the CITY.
9.6.2 Certificates ofInsurance meeting the specific required insurance provisions specified
within this Agreement shall be forwarded to both the CITY Engineer 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.
9.6.3 Receipt and acceptance of the CONSULTANT Certificate ofInsurance, 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.
9.6.4 The CITY may at its option require a copy of the CONSULTANT's Insurance
Policies.
9.6.5 All insurance policies required with this Agreement shall provide full coverage from
the first dollar of exposure unless otherwise stipulated. No deductibles will be
accepted without prior approval from the CITY.
9.6.6 Safety and Health Requirements
9.6.7 It is the CONSULTANT's sole duty to provide safe and healthful working conditions
to its employees and those of the CITY on and about the site of Agreement
performance. The CITY assumes no duty for supervision of the CONSULTANT.
9.6.8 The CITY will 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 or risk of loss for injuries or damage sustained from the
CONSULTANT to the CITY, and the CONSULTANT shall remain solely
responsible for compliance with all safety requirements and for the safety of all
persons and property at the site of CONSUL T ANT performance.
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9.6.9 The CONSULTANT 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.
SECTION 10
REQUIRED STATEMENTS
The submission of sworn statements under Section 287. I 33(3)(A) Florida Statutes on Public Entity
Crimes and a Drug Free Workplace in accordance with Section 287.087 are required prior to the
execution of this Agreement.
SECTION 11
TERMINATION
This Agreement may be terminated by either party by seven (7) 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 the Agreement is terminated, the CONSULTANT shall be paid
in accordance with the provisions of Schedule 2 for all work performed up to the date of termination.
SECTION 12
SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the project described within this Agreement, or the services of the CONSULTANT
called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the
CONSULTANT shall be given twenty (20) 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.
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AGREEMENT FOR CONSULTANT SERVICES
FOR THE
DESIGN AND CONSTRUCTION
OF A WATERSHED REHABILITATION PROJECT
AT HERCULES AVENUE AND ALLEN'S CREEK
SECTION 13
EXTENT OF AGREEMENT
This Agreement represents, together with all Exhibits, the entire Agreement between the CITY and
the CONSULTANT and may be amended only by written instrument signed by both the CITY and
the CONSULTANT.
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 written.
CITY OF CLEARWATER, FLORIDA
By: El~'f:ua
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency
Attest:
~~~
John Carassas,
Assistant City Attorney
By: ~/J.#d-ctPt ~
wJ Cyn . oudeau.. (j
D City Clerk .
~ - - .-
Witness:
By:
.~.~~
E. Peter Nikolov
Project Manager
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MANHOUR AND FEE ESTIMATE
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~ . DESIGN OF A WATERSHED REHABILITATION PROJECT
AT HERCULES AND ALLEN'S CREEK
03/26/96
04:44 PM
Project Project Project CAD Project Clerical
TASK DESCRIPTION Princinal Mana"er Enwneer DesilUler Drafter Staff TOTAL HRS FEE
$108.00 $78.00 $68.00 $60.00 $40.00 $35.00
I MEETINGS
Predesign Conference Meeting (I) 2 2 2 2 8 $578.00
Monthly Design Meeting (14) 12 28 28 28 96 $6,364.00
Utility Coordination Meeting (2) 4 4 8 $412.00
Public HearinJ;!; Meeting (2) 6 12 12 16 8 54 $3,320.00
Pre-Bid MeetinJ;!; (1) 2 2 2 6 $362.00
Pre-Construction Meeting (1) 2 2 2 6 $362.00
Other Meetines (2) 2 4 4 4 14 $940.00
Sub-total 22 50 54 0 16 50 192 $12,338.00
2 DATA COLLECTION PHASE
Collect Project Informatiom 4 4 2 10 $654.00
Review Data 4 8 2 14 $926.00
Define Deficiencies of Data 4 8 2 14 $926.00
Sub-total 0 12 20 0 0 6 38 $2,506.00
3 CONCEPTUAL DESIGN PHASE
Brainstorming Meetin2 (2) 12 12 12 8 44 $3,328.00
Prepare Alternative DesiW\ 2 16 24 4 46 $3,236.00
Prepare Preliminary Concept Plan 8 16 24 6 54 $3,362.00
Prepare Preliminary Concept Report 16 40 16 72 $4,528.00
Incorporate Review Comments 8 16 16 4 44 $2,812.00
Prepare Final Concept Plan 16 40 16 14 86 $5,418.00
Prenare Final Concept Reoort 4 4 2 10 $654.00
Sub-total 14 80 152 56 0 54 356 $23,338.00
4 DRAINAGE ANALYSIS
Delineate Drainage Basins 4 4 4 12 $824.00
Evaluate Soils 2 4 6 $428.00
Establish CN/Runoff Coeff 2 4 4 10 $668.00
Establish Land Use 2 4 4 10 $668.00
Estabish Tc 2 4 4 10 $668.00
Stormwater Modeling 4 20 52 20 4 100 $6,868.00
Coordination wi County Model 16 24 4 4 48 $3,260.00
Culvert Analysis 4 16 4 4 28 $1,780.00
Erosion Control Analvsis 4 8 2 2 16 $1,046.00
Drain8Qe Report 4 16 16 16 16 68 $4 288.00
Sub-total 8 72 136 62 0 30 308 $20,498.00
5 ENVIRONMENTAL ANALYSIS
Delineate Jurisdictional Areas 2 8 8 2 20 $1,250.00
Wetland Areas Analvsis 2 24 16 2 44 $2,818.00
Red Maple Areas Analysis 4 24 16 2 46 $2,974.00
Planting Assessment 2 16 8 2 28 $1,794.00
Environmental Reoort 8 24 16 10 58 $3,566.00
Sub-total 0 18 96 64 0 18 196 $12,402.00
6 PLANS PREPARATION
Plans Preoarartion 6 116 308 219 12 6 667 $44,470.00
Sub-total 6 116 308 219 12 6 667 $44,470.00
7 PERMI1TING
Agency Coordination 4 16 16 6 42 $2,978.00
Prepare Permits and Calculations 8 44 84 44 24 204 $13,488.00
Permit Revisions 6 16 24 16 12 74 $4,908.00
Permit Certifications 2 8 8 4 22 $1,524.00
Sub-total 20 84 132 60 0 46 342 $22,898.00
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8 EDUCATIONAL DISPLAYS
Prepare Educational Graphics 4 16 24 16 6 66 $4,482.00
Sub-total 4 16 24 16 0 6 66 $4,482.00
9 DESIGN TASKS
General Notes 4 4 2 10 $704.00
Utility Checks 4 4 4 2 14 $894.00
QuantitieslEarthwork 4 12 24 2 42 $2,638.00
Cost Estimates 4 8 8 2 22 $1,406.00
Specifications 16 16 4 8 44 $2,856.00
OIC Program 4 16 8 2 30 $2,294.00
Sub-total 4 48 52 42 0 16 162 $10,792.00
10 CONSTRUCTION SERVICES
Field Reviews (6) 10 12 12 34 $2,016.00
Review Record Drawings 4 8 2 14 $926.00
Sub-total 0 14 20 0 0 14 48 $2,942.00
Subtotal (1 thru 10) 78 510 994 519 28 246 2375 $156,666.00
Reimbursable Expenses (10%) $9.400.00
Total $166,066.00
ALLOWANCES
SurveyingIPlanimetrics $16,000.00
Geotechnical $3,000.00
Environmental $14,929.00
Grand Total 78 510 994 519 28 246 2375 $199,995.00
C:\123RSW\WORKIALLENSMHWK4
PLANS PREP ARA TION
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DESIGN OF A WATERSHED REHABILITA nON PROJECT
AT HERCULES AND ALLEN'S CREEK
Niumber Project Project Project Project Project Clerical
TASK DESCRIPTION Sheets PrinCiDaI Manner Emtineer Desillller Drafter Staff TOTAL HRS TOTAL HRS FEE
# 5108.00 578.00 568.00 $60.00 $40.00 $35.00 ocr shee, all sheets
PLANS PREPARATION
Cover Sheet I I 2 4 7 7 $454.00
General Notes I I 2 6 2 11 11 $644.00
Typical sections I 2 4 6 12 12 $788.00
Erosion Control I 2 2 4 8 8 $532.00
Soil Boring Lol!S I I 2 4 7 7 $374.00
Plan 3 2 12 24 12 50 150 $10,512.00
Plan and Profile 6 8 16 8 32 192 $13,152.00
Geometric Alignment 2 4 16 4 24 48 $3,280.00
Cross-sections (4 per sht) 9 2 4 6 12 108 $7,092.00
Plantings Sheet 2 2 16 16 34 68 $4,408.00
Construction Details 2 4 16 8 28 56 $3,760.00
Sub-total (Der sheet) 29 2 39 104 74 4 2 225 667
% total 0.89% 17.33% 46.22% 32.89"10 1.78% 0.89% 100.00%
Hrs per total sheets 6.00 116.00 308.00 219.00 12.00 6.00
Grand Total 6 116 308 219 12 6 667 $44 470.00
C:\123RSWlWORKIALLENSMH.WK4