HIGHLAND AVENUE IMPROVEMENTS SUPPLEMENT AGREEMENT 2
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HIGHLAND AVENUE IMPROVEMENTS
CITY OF CLEARWATER
SUPPLEMENTAL AGREEMENT NO.2
THIS SUPPLEl\.1ENT AL AGREEl\.1ENT, made and entered into this Pl;L day
of ~ ' 1996, by and between the CITY OF CLEARWATER, an
incorpor~ ea in Pinellas County, Florida, hereinafter called the CITY, and HDR
ENGINEERING, INC., of 5100 West Kennedy Boulevard, Tampa, Florida 33609,
hereinafter called the ENGINEER.
WIT N E SSE T H:
WHEREAS, the CITY and the ENGINEER heretofore on November 10. 1990,
entered into an agreement whereby the CITY retained the ENGINEER to furnish certain
services in connection with Hi~hland Avenue Improvements; and
WHEREAS, Paragraph I.B of Exhibit "B" of the original Agreement provided a
mechanism for the ENGINEER to provide additional services as authorized by the CITY;
and
WHEREAS, the CITY has determined it necessary, within the general description of
the project as original planned, to require certain changes in services of the ENGINEER and
that the ENGINEER be granted an extension of time and increased compensation;
NOW THEREFORE, this Agreement witnesseth that for and in consideration of the
mutual benefits to flow each to the other, the parties agree that the ENGINEER shall
perform the services as modified by Exhibit "A", attached to hereto and made a part hereof
and that the ENGINEER shall receive for his services hereunder the increased maximum
amount of $ 561,085 Dollars. It is further agreed that the ENGINEER shall complete
Design and Construction Assistance Services required of the ENGINEER by said original
Agreement, by Supplemental Agreement No.1 and by this Supplemental Agreement No. 2.
in a timely manner as directed by the CITY.
Except as hereby modified, amended, or changed, all of the terms, conditions, billing
procedures, and other administrative procedures of said Agreement and any supplements and
amendments thereto shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties to the Agreement have hereto set their hands
and seals and have executed this Agreement, in duplicate, the day and year first above
written.
HDR ENGINEERING, INC.
BY: ,
Authorized Signature
Name: William H. Wadsworth
Title: Senior Vice President
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
BY:
Elizab~r:. C
City Manager
COUNTERSIGNED:
BY: ~b'
Rita Garvey
Mayor - Commissioner
ATTEST:
teyn ia
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
C:::>~ --=
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John C. Carassas
Assistant City Attorney
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TABLE OF CONTENTS
SCOPE OF SERVICES
Page
I. PROJECT DESCRIPTION....................................... ... .... .... .... ........ ... ... ... .... ...... ........ ..... ..A-I
II. DEFINITIONS............ ................. ......................................................................................A-I
III. ITEMS TO BE FURNISHED BY THE CONSULT ANT...............................................A-2
IV. ITEMS TO BE FURNISHED BY THE CITY................................................................A-3
V. LIAISON...... .......... ...........................................................................................................A - 3
VI. COOPERATION AND PERFORMANCE OF THE CONSULT ANT...........................A-4
VII. SERVICES TO BE PROVIDED BY THE CONSULT ANT...........................................A-4
VIII. RESIDENT INSPECTION. ........ ................ ....... ............................................................. ..A -10
IX. SURVEYING.................................................................................................................A -10
X. TESTING........ ................................................................................................................A -II
XI. TECHNICAL ENGINEERING SERVICES........... .................... ............ ......... .............A-12
XII. PERSONNEL.................................................................................................................A -15
XIII. DELAYS........................................................................................................................A -16
XIV. LENGTH OF SERVICE................. ................ ................ .... ..... ............. ...... ................ ....A-16
XV. ADDITIONAL ENGINEERING SERVICES...............................................................A_16
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EXHIBIT A
SCOPE OF SERVICES
HIGHLAND AVENUE IMPROVEMENTS
CONSTRUCTION ASSISTANCE
FROM SR 60 (GULF -TO-BAY) TO SUNSET POINT ROAD
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CITY OF CLEARWATER
SCOPE OF SERVICES
I. PROJECT DESCRIPTION
The Consultant shall provide the services necessary to manage and inspect the construction
of the PROJECT for the CITY OF CLEARWATER, hereafter known as the CITY, as
described in this Agreement. The PROJECT involves the following construction contract:
Highland Avenue from SR 60 (Gulf-to-Bay) to Sunset Point.
The Consultant shall be responsible for construction contract management, construction
engineering, inspection, and administration activities, in representing the CITY on the
PROJECT as described in this Agreement. the CONSULTANT shall utilize effective control
procedures in order to verify that the construction of the project is performed in substantial
conformity with the plans, specifications and contract provisions, including environmental
permit conditions.
The PROJECT'S construction contract shall be an individual letting. The actual construction
NOTICE TO PROCEED and construction time for the contract shall be as follows:
Description
Construction Time Notice to Proceed (Anticipated)
Highland Ave. Improvements
420 (14 months)* June 1996
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Contract time for HDR is 16 months to allow for CEI/Engineering Services before
and after construction.
II. DEFINITIONS
A. CITY OF CLEARWATER - The legislative and governing body who shall have the
power to carry on CITY government to the extent not inconsistent with general or
special law.
B. Construction Contract - The construction work let under contract(s) by the CITY to
contracting firms.
C. Construction Contract Suspension - The unscheduled and unforeseen cessation of
construction activity on a construction contract.
D. Consultant - The Consultant firm retained by the CITY to perform all construction,
contract management and construction engineering and inspection functions as
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defined in this Agreement.
E. Contractor - The contracting firm or its designated representatives, awarded the
construction contract(s).
F. City Manager - The employee designated by the CITY responsible for all
administrative activities related to Consultant services in the CITY.
G. City Project Manager - The CITY employee designated too participate in the project
liaison activities covered by this Agreement.
H. Design Engineer of Record - The Engineer retained by the CITY to design the
aforementioned project(s).
I. City Engineer - The Engineer in charge of roadway design and construction for the
CITY or his designated representatives.
J. Project Engineer - The qualified individual who has been assigned by the Consultant
to be in responsible charge of the construction contract(s).
K. Special Construction Works -Any item purposely build and used to expedite
construction, such as cofferdams, shoring, falsework, temporary towers, gantries,
trusses, brackets, beams and winches, strongbacks, form travelers, casting machines,
lifting devices and the like.
L. Testing Laboratory - The firm hired by the Consultant to provide laboratory testing
and materials sampling.
III. ITEMS TO BE FURNISHED BY THE CONSULTANT
A. The printed documents and services listed below are to be obtained by the
CONSULTANT prior to the CONSULTANT beginning work. Compliance with
these guides, manuals, procedures and directives may be a requirement of this
Agreement. All applicable documents/materials are to be readily available at the
construction site field office. It is the responsibility of the CONSULTANT to obtain
published updates of all documents as necessary and in accordance with the
construction contract documents.
B. The CONSULTANT will furnish an adequate supply of all standard forms to be used
in carrying out technical services.
C. The CONSULTANT will furnish any computer services, including software, needed
for PROJECT scheduling and control, administration, quantity calculations,
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payments to Contractor and other items as necessary. The Contractor normally
provides the CITY with a bar graph schedule reflecting on the various bid items in
the contract. The CITY's construction contract(s) require the contractor to submit a
schedule.
D. A field "Office for the Engineer" will be provided by the CONTRACTOR for the
PROJECT. The field offices will be a minimum of 400 square feet and include a
telephone, electricity, restroom facilities and drinking water.
E. The CONSULTANT will provide all field engineering and safety equipment,
photographic equipment, vehicles, tapes, rules and any other items necessary in order
to carry out the work under this Agreement.
F. The CONSULTANT shall provide a sufficient number of vehicles to accommodate
his project personnel, to maintain the necessary coverage of the PROJECT to
adequately transport personnel and equipment.
G. The CONSULTANT'S employees shall be easily identifiable.. they shall wear the
same unique hard hat in the field.
H. The CONSULTANT will furnish and maintain a minimum of five (5) hand held
radios, all on the same frequency. One (1) radio shall be provided for use by the
CITY'S Project Manager. The Project Engineer will be provided a cellular telephone
for 24 hour availability.
IV. ITEMS TO BE FURNISHED BY THE CITY
The City will furnish the CONSULTANT sets of plans as needed in sizes appropriate for the
work..
V. LIAISON
A. The CONSUL T ANT shall be fully responsible for carrying out all functions assigned
to it by this Agreement on the construction project covered by such Agreement. All
activities and decisions of the CONSULTANT relating to the PROJECT shall be
subject to review by the CITY'S Project Manager.
B. The CONSULTANT shall advise the CITY'S Project Manager, in writing, of any
omissions, substitutions, defects and deficiencies noted in the work of the Contractor
and the corrective action taken. the work provided by the CONSULTANT shall, in
no way, relieve the Contractor of responsibility for the satisfactory performance of
the construction contracts.
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C. The CONSULTANT shall provide coordination and documentation of all activities,
correspondence, reports and other communications related to its responsibilities
under this Agreement and shall keep the CITY'S Project Manager informed of these
activities and actions.
D. Construction contract management, construction engineering and inspection will be
required of the CONSULTANT at all times while the Contractor is working.
VI. COOPERATION AND PERFORMANCE OF THE CONSULTANT
A. During the life ofthis Agreement the CITY'S Project Manager has the right, but not
the duty, to conduct reviews of the various phases of the CONSULTANT'S
operations, such as construction contract management, construction engineering,
inspection, materials sampling and testing and administration activities. The
CONSULTANT shall cooperate and assist the CITY'S Project Manager in the
conduct of the reviews.
B. The CONSULTANT shall maintain at the job site, open to inspection by the CITY
at all times during regular work hours, orderly files for correspondence; reports of job
conferences; shop drawings and sample submissions; reproductions of original
Contract Documents including addenda, change orders, field orders, additional
drawings issued subsequent to the execution of the contract, and progress reports, and
other project related documents.
VII. SERVICES TO BE PROVIDED BY THE CONSULTANT
A. CONSTRUCTION MANAGEMENT
1. It shall be the responsibility of the CONSULTANT to provide services, as
necessary, to administer the construction contract(s) in the manner so as to
verify that the PROJECT is constructed in reasonable conformity with the
plans, specifications and contract provisions.
2. The CONSULTANT shall perform all construction management services
necessary to verify that proper coordination of the activities of all parties
involved in accomplishing completion of the PROJECT is achieved; to
maintain complete, accurate records of all activities and events relating to the
PROJECT; to properly document all significant changes to the PROJECT;
to provide interpretations to the plans, specifications and contract provisions;
make recommendations to the CITY to resolve disputes which arise in
relation to the construction contract; and to maintain an adequate level of
surveillance and documentation of the Contractor's activities. All records and
documentation will be in accordance with approved standard procedures,
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formats and contents.
B. The CONSULTANT shall develop those standards and/or procedures addressing, but
not limited to, the following items 1, 2, and 3 and C, and other informal procedures
and practices for construction project management, construction engineering,
inspection and specialty activities normal to the construction of this type of
PROJECT.
1. Construction Management Services
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Administer Construction Contracts
Administer Construction Process
Documentation Control
Coordinate Correspondence
Communication
Administer Engineering Functions
Finals and As-Builts
Change Orders
Claims Analysis
Personnel Assignments
Coordination Meetings
Invoicing by Contractors
Administer Shop Drawings and Other Submittals
Reviews and Approvals
Clerical Services
Construction Progress Reports for Environmental Permits
Before, During and Post Construction Video Documentation
(buildings, landscaping, driveways, etc.)
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2. Construction Engineering Services
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Surveys
Field Inspection
Coordination Meetings (contractors, utilities, etc.)
Contractors Meetings
Observation of Public Safety Practices for Work in Progress
Daily Diary and Weekly Inspection Reports
Contractor Payments (prepare monthly pay requests)
Materials and Quality Assurance
As-Built or Record Drawings
Resolution of Field Problems
Utilities Coordination
Water Quality and Turbidity Sampling and Reports
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· Design Interface
· Public Relations
· Progress and Final Photographs and Video Documentation
· Testing - Field and Laboratory
3. Construction Inspection Services
· Maintenance of Traffic
· Clearing and Grubbing
· Embankment Base and Pavement
· Drainage Structures and Retention Ponds
· Removals and Relocations
· Utility Installations and Removals included in the PROJECT
(to include Street Lighting)
· Utility Relocations by Others (monitoring and coordination)
· Retaining Walls (proprietary and conventional)
· Signing and Pavement Markings
· Signalization and Lighting
· Environmental Concerns
· Sampling and Testing
· TurbiditylErosion Control
· Soil Density Testing
· Concrete Cylinders
C. CONSTRUCTION ENGINEERING
The CONSUL T ANT shall perform all construction engineering services that are
required to fulfill its responsibilities under this Agreement. Construction engineering
services shall include but are not necessarily limited to the following:
1. Maintain on a daily basis a complete and accurate record of all potential areas
of delay and/or claims and take appropriate action to eliminate and/or reduce
the same.
2. Maintain a log of all materials entering into the work with proper indication
of the basis of acceptance of each shipment of material.
3. Maintain records of all sampling and testing accomplished and analyze such
records required to recommend or deny acceptability of materials and
completed work items. The CONSULTANT shall submit within a week's
time, field reports for records of work and testing results to the CITY'S
Project Manager.
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4. Once each month, the CONSULTANT shall prepare a comprehensive
tabulation of the quantity of each pay item satisfactorily competed to date.
Quantities shall be based on daily records or calculations. Calculations shall
be retained. The tabulation will be used for the preparation of the Monthly
Pay Request. The CONSULTANT may utilize computer generated
reporting and payment progress records.
5. Provide to the Contractor, interpretations of the plans, specifications and
contract provisions. The CONSULTANT shall consult with the CITY'S
Project Manger when an interpretation involves complex issues or may have
an impact on the cost or schedule in performing the work.
6. Evaluate Change Proposals and provide conclusions as to whether or not
proposed changes are cost effective or in the best interest of the CITY.
7. Analyze changes to the plans, specifications or contract provisions and extra
work which appear to be necessary to carry out the intent of the contract
when it is determined that a change of extra work is necessary and such work
is clearly within the scope of the original contract. Recommend such changes
to the CITY'S Project Manager for approval.
8. In the event the Contractor gives notice, either written or verbal, that he
deems certain work being performed by him to be beyond the scope of
construction contract and he intends to claim additional compensation,
maintain accurate records of the costs involved in such work. These records
shall include manpower and equipment times and materials installed
(temporary or permanent) in the portion of the work in dispute.
9. In the event that the CONTRACTOR submits a claim for additional
compensations, analyze the submittal and prepare a recommendation to the
CITY'S Project Manager covering validity and reasonableness of charges and
conduct negotiations leading to recommendations for settlement of the claim.
Maintain complete, accurate cost account and other records of work involved
in claims.
10. In the event that the Contractor submits a claim for additional compensation,
analyze the submittal and prepare a recommendation to the CITY'S Project
Manager covering accuracy of statements and the actual affect of delaying
factors on completion of controlling work items.
11. Prepare and submit to the CITY'S Project Manager a final estimate and one
(1) full set of "red-lined" (legible) record plans for the PROJECT. This task
must be completed within thirty (30) calendar days after final acceptance of
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a PROJECT by the CITY. These plans shall consist of final design blue line
prints plus supplemental construction data sheets revised to reflect the actual
constructed conditions as well as result of construction events, operations
inspections and tests legible for use in regulating agency certification.
12. Monitor the construction contract to the extent necessary to determine
whether construction activities violate the requirements of any permits.
Notify the Contractor of any violations or potential violations and require his
immediate resolution of the problem. Violations must be reported to the
CITY'S Project Manager immediately and, if applicable, to the appropriate
regulatory agency(s).
13. Maintain a complete log and administer distribution of all Contractor
submittal items which require review and approval prior to ordering or use,
noting the dates of submittals, responses, and subsequent reviews and
resubmittals, approvals, etc. The CONSULTANT shall take note of and
verify that any changes are properly carried through to construction and shall
further record, report, make recommendations and adjudicate upon any
circumstances which affect the progress or cost of the work. The
CONSULTANT shall actively encourage all reviewers to accomplish reviews
promptly. Submittals may consist of shop drawings, manuals or similar
documents, laying schedules" maintenance of traffic plans depicting or
describing proposed construction procedures or materials.
14. Advise the CITY and the Contractor immediately of the commencement of
any work requiring a shop drawing or sample submission if the submission
has not been previously approved by the CONSULTANT.
15. Provide coordination between the Contractor and utility companies to assure
that conflicting utilities are removed, adjusted or protected in-place in a
timely manner to minimize delays to construction operations.
Documentation will be maintained in accordance with approved procedures
and applicable utility agreements between the CITY and affected utility
companies.
16. Provide coordination or inspection of utility work that is included in the
Construction contract. This includes all required documentation.
17. The CONSULTANT Project Engineer will conduct a weekly meeting as
required with the respective Contractor(s), subcontractor(s) and/or utility
companies to review plans, schedules, problems or other areas of concern.
The results of these meetings will be recorded with minutes distributed to all
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affected parties including CITY'S Project Manger.
18. Conduct and document field reviews of the maintenance of traffic operation
after normal working hours, weekends and holidays if maintenance of traffic
represents a potential hazard to the public.
19. Upon identification of a proposed changed condition or construction contract
change, the extent of change shall be analyzed and an order of magnitude
estimate of cost and time change, if any, will be prepared. Prior to receipt of
the Contractor's estimate, prepare the fair cost estimate.
20. Coordinate the negotiations of all changes with the Contractor using the
CONSULTANT'S prepared fair cost estimate as a basis. The CITY'S Project
Manager will coordinate the approval of all recommended changes in cost
and time. The CONSULTANT shall prepare change order documents and
track the status of each one until executed.
21. Address public information matters dealing directly with the construction
PROJECT. The CONSULTANT shall be sensitive to public image, handling
of press/media, the contractor' safety practices for work in progress as it
related to public safety, maintenance of traffic issues in accordance with
FDOT Standards and Standard Indexes, etc., and shall inform and assist
appropriate CITY personnel and/or its designee in the presentation and
dissemination of PROJECT information to the public. All public
information matters dealing with situations not directly relating to the
construction PROJECT shall be directed to the CITY'S Project Manager or
his designee.
22. The CONSULTANT shall also record the progress of work by taking color
video recordings. These recordings will depict operations in progress and
completed work for each work area on an ongoing basis throughout the
PROJECT. Video documentation of noteworthy incidents or events may
include:
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All preconstruction conditions
Exceptional progress of work
Accidents showing damage
Unsafe conditions, if observed
Unusual construction techniques
Damaged equipment or materials
Any activities which may result in claims
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The taking of video recordings shall begin prior to the start of construction
and continue throughout this PROJECT, including Conditional and Final
Acceptance. All video recordings will be delivered to the CITY.
23. Environmental Coordination/Monitoring/Reporting in accordance with
environmental permit requirements.
VIII. RESIDENT INSPECTION
A. The CONSULTANT shall provide personnel and services to monitor all on-site
Contractor's construction operations. The CONSULTANT shall, in general, perform
inspection services in accordance with standard procedures and practices and other
accepted practices as may be appropriate.
B. The CONSULTANT shall keep diaries open to inspection by the CITY at any time
during regular work hours, which records hours on the job site, weather conditions,
data relative to questions of extras or deductions, list of principal visitors, daily
activities, decisions, observations in general, specific terms as to the daily progress
of construction, and detailed observations as related to test procedures. These diaries
shall include all Contractor's personnel by class and all equipment on the job each
day.
C. The CONSULTANT shall record names, address, and telephone numbers of all
Contractors, subcontractors, and major suppliers of equipment and materials, and
provide same to the CITY at its request.
IX. SURVEYING
The CONSULTANT will provide surveying for setting the baseline, elevations, and right-of-
way, and measurement of Highland Avenue from Gulf-to-Bay to Sunset Point. Among the
types of Survey Services for this project will be the following. It is recognized that the exact
amount of survey required is uncertain at this point. An allowance of $25,000 will be
established for such work. This amount shall not be exceeded without written approval from
the CITY.
A. Reestablishment of survey baseline by utilizing the existing reference points and
existing baseline control points. Reestablishing of the survey baseline shall be
limited to the control points, i.e. P.Co's, P.To's, P.O.To's and intersection P.Io's.
B. Verifying reference points which includes checking and recording field angles and
distances form the survey baseline to the existing reference points. This shall include
resetting of missing or disturbed reference points.
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C. Re-establish destroyed bench marks.
D. Stake/flag right of way at IOO:t stations and at breaks in the right of way. Stakes are
to be hubs or nails and shiners at non-property comer locations with laths in non-
paved areas, or laths or paint at found property comers.
E. Survey and record such measurements as are necessary to calculate and document
quantities for pay items:
F. Plot pond transects on cross-section sheets for final records. Sign and seal as
required by permits.
G. Perform incidental engineering surveys as may be necessary to carry out the services
of the CEI contract and to verify the accuracy of the contractor's survey layout work.
X. TESTING
A. The CONSULTANT will provide all field testing and concrete cylinders. All other
materials sampling and testing for the PROJECT will be provided by a testing
laboratory provided by the CONSULTANT. The CONSULTANT shall be
responsible for ordering and supervising all laboratory testing. Laboratory testing
is defined as follows:
1. Laboratory proctor compaction tests and limerock bearing ratio (LBR) tests
shall be determined to provide the relationship between dry density, moisture
content, and bearing ratio on subgrade material and limerock base course.
2. Asphalt pavement shall not be cored for thickness and core density.
3. Concrete cylinder shall be stored on-site and picked up by laboratory
services. Each cylinder shall be tested in accordance with the specifications
and test results reported to the Project Engineer.
4. All laboratory test samples shall be collected and delivered to the laboratory
by qualified personnel.
5. The results of all laboratory testing shall be sent to the Project Engineer. The
Project Engineer will notify the laboratory when testing is required and where
samples will be taken.
B. The CONSULTANT shall review reports on sampling and testing of component
materials and completed work items to the extent that will verify that the materials
and workmanship incorporated in the PROJECT are in conformity with the plans,
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specifications and contract provisions. The minimum sampling frequencies set out
in the Florida Department of Transportation's Materials Sampling, Testing and
Reporting Guide shall be met.
C. Sampling, testing, and laboratory methods shall be as required by the Florida
Department of Transportation Standard Specifications or as modified by the contract
provisions. The CONSULTANT shall be specifically responsible for determining the
acceptability of all materials and completed work items on the basis of either test
results or verification of a certification, certified mill analysis, Department of
Transportation label, Department of Transportation stamp, etc.
D. The CONSULTANT shall inform the CITY'S Project Manager of schedules for
sampling and testing as the work progresses on the construction contract.
Documentation reports on sampling and testing shall be submitted to responsible
parties during the same week that the construction work is done.
E. The CONSULTANT shall perform all necessary on-site surveillance and inspection
of the asphalt paving operations. Off-site sampling and inspection of plant facilities
will be by the testing laboratory or CONSUL T ANT'S personnel. The
CONSUL T ANT will be responsible for tracking and monitoring all testing
information and data.
XI. TECHNICAL ENGINEERING SERVICES
This Section clarifies the responsibilities of the CONSULTANT with regard to the technical
engineering services required for satisfactory performance of the services associated with this
Agreement.
A. Structure - The CONSUL T ANT shall verify that significant structure foundations are
constructed at the correct location and elevation.
B. The CONSULTANT shall bring any concerns for any defects or deficiencies in the
material components, as received at the site, to the attention of the CITY'S Project
Manager, as soon as possible, and he shall assist and cooperate in their resolution.
C. Formwork - The CONSULTANT shall verify that the Contractors sets all formwork
to the correct line and level, properly adjusted for cambers or deflections, that it is
of sufficient quality to provide the required surface finish and that it receives a proper
application of release agent. The CONSULTANT should notify the Contractor of
any items which he considers are inadequate.
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He shall further verify that the Contractor exercises due care and attention in
removing form work so as not to damage the new concrete surfaces.
D. Placement of Reinforcement - The CONSUL T ANT shall verify that all
reinforcement is of the correct size, shape and quality and that it is correctly located,
tied and supported to maintain its position throughout all concrete placement and
consolidation operations.
E. Concrete Placement, Consolidation, Finishing and Curing - Prior to placement of any
concrete, the CONSULTANT shall verify that all the work has been fabricated
correctly and that cleanliness and all surface preparations, etc. meet requirements.
The CONSULTANT shall verify all concrete is placed, consolidated, finished and
cured in accordance with the requirements of the contact. The CONSULTANT shall
also be responsible for verifying that any defects, slight honeycombing or blemishes
in the concrete are repaired in an approved manner. In situations where the concrete
fails to meet the requirements of the contract or is deficient in any manner, such as
honeycombing or poorly finished surfaces, under strength or out of tolerance, etc.,
the CONSUL T ANT shall be responsible for reviewing and making recommendations
upon any remedial proposals put forward by the Contractor.
F. Finishing of Concrete Surfaces - The CONSULTANT shall verify that all surface
finishes are carried out in a workmanlike manner and in accordance with the
requirements of the contract.
G. The CONSULTANT shall verify that all miscellaneous items are of the proper type,
size and manufacture and are fabricated and installed correctly in accordance with the
requirements of the contract, approved shop drawings, laying schedules, procedures
and/or manufacturer's instructions and so forth as appropriate. Miscellaneous items
include, but are not limited to bearings, expansion joints, anchor bolts, any metal
embedments, railings, barriers, roadway fixtures, utility fixtures, painting, applied
finishes, grinding, grooving and the like.
H. Field Problems:
1. Types of Problems - Generally, field problems are any types of difficulties
encountered during construction through circumstances, which mayor may
not be under the control of the Contractor, which require some degree of
engineering evaluation and decision. They might involve situations such as
out-of-tolerance work, out-of-specification materials, structural defects,
accidental damage, underground obstructions, discovery of unanticipated
geologic or geomorphic conditions and so forth.
Sometimes these problems might have a significant impact upon the
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execution, progress or cost of the PROJECT. It is therefore of paramount
importance that they be resolved expeditiously. The CONSULTANT is the
key member of the team for pursuing and implementing solutions.
2. Duties of the Consultant - In general, in all cases where a difficulty, problem
or defect of any nature is encountered during construction, the
CONSULTANT shall be responsible for assembling all relevant information,
including any proposals from the Contractor, coordinating with the Design
Engineer, documenting and evaluating the same in a concise and orderly
manner, for reviewing all the information and circumstances and for making
recommendations and expediting decisions based upon the most expeditious
course of action so as to minimize delays and costs while achieving a
structurally acceptable result.
In particular, the CONSULTANT shall first utilize his own personnel and
resources in order to assess the problem and its likely impacts upon the
project. Again, by utilizing his own personnel and resources, he shall also
assess both the technical and contractual implications upon the PROJECT of
any proposals put forward by the Contractor. In making these assessments,
the CONSULTANT shall consider all likely impacts upon the PROJECT as
regards to costs, delays, potential claims, contract administration,
management, any justifiable financial adjustments (up or down, including
penalties) to be applied to the construction contract, and the feasibility of the
Contractor successfully and expeditiously carrying out his technical
proposals. The CONSULTANT shall make these assessments in order to
formulate his recommendations. He shall then forward his assessments and
recommendations to the CITY'S Project Manager and the Design Engineer,
together with any proposals from the Contractor, for further assessment,
analysis and disposition by these organizations.
Upon resolution and approval of the technical solution, the CONSUL T ANT
shall verify that all approved remedial measures are carried out in a
technically competent and workmanlike manner. He shall also be responsible
for any contract administration, payment, management and so forth, normally
associated with implementing remedial measures of this type.
In all situations, the CONSULTANT shall verify that all proposals, reviews,
assessments, studies, recommendations and decisions are executed
expeditiously in order to minimize any delay and costs.
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3. The CONSULTANT shall not:
a. Authorize any deviation from the Contract Docwnents or substitution
of materials or equipment, unless authorized by the CITY.
b. Undertake any of the responsibilities of the Contractor, subcontractor
or Contractor's superintendent.
c. Issue directions, relative to, or asswne control over any aspect of the
means, methods, techniques, sequences or procedures of construction
unless such advice or directions are specifically required by the
Contract Docwnents.
d. Issue directions regarding or asswne control over safety precautions
and programs in connection with the work.
e. Accept Shop Drawing or sample submittals from anyone other than
the Contractor.
XII. PERSONNEL
A. General Requirements
The CONSULTANT shall provide qualified personnel as necessary to effectively
carry out its responsibilities under this Agreement.
B. Personnel Qualifications
The CONSULTANT shall utilize only competent personnel who are qualified by
experience and education. The CONSULTANT shall submit, in writing to the
CITY'S Project Manager, the names of all personnel to be utilized for assignment to
a construction contract, together with a detailed reswne with respect to education and
experience qualification of each individual.
C. Staffing
The CONSULTANT shall adequately staff the job sufficiently in advance of the
beginning of construction work to be properly prepared to satisfy its responsibilities
and shall maintain an appropriate staff after completion of construction to complete
the final estimate. Responsible personnel, thoroughly familiar with all aspects of
construction and final measurements of the various pay items, shall be available to
resolve disputed final pay quantities until the appropriate contract has been paid off.
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The CONSULTANT'S personnel list will be submitted prior to the date any
individual is to report to work.
An individual previously qualified whose performance is later determined by the
CITY to be unsatisfactory shall be replaced by the CONSULTANT.
When the Contractor's operations on a contract diminish, the CONSULTANT shall
reduce the number of its personnel assigned to that PROJECT as appropriate.
Construction, engineering and inspection forces shall be required of the
CONSUL T ANT at all times while the Contractor is working on the construction
contract. If the construction contract is suspended, the CONSULTANT'S forces shall
be adjusted. In the vent of a construction contract suspension which requires the
removal of the CONSULTANT'S forces form the PROJECT, the CONSULTANT
will be allowed up to a maximum of twenty-one (21) calendar days to demobilize,
relocate, or terminate such forces.
D. Licensing/Certifications
The CONSULTANT will be responsible for obtaining proper licenses and/or
certifications for any personnel operating equipment or performing tasks requiring
licensed/certified operators.
XIII. DELAYS
In the event delays occur in the CONSUL T ANT'S contract time, unless due to the
CONSULTANT'S fault or negligence, the contract time and compensation will be adjusted.
XIV. LENGTH OF SERVICE
The CONSULTANT services for the construction contract shall begin upon written
notification to proceed by the CITY ENGINEER. The length of services as herein
established for the construction contract is based on the CONSULTANT beginning work
when notified and continuing to work until acceptance by the CITY of the described services.
The CONSULTANT will be expected to provide services thirty (30) calendar days
subsequent to final acceptance of the final construction contract.
XV. ADDITIONAL ENGINEERING SERVICES
The CONSUL T ANT shall provide additonal engineering services as described in Exhibit
"B".
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EXHIBIT B
COMPENSATION TO THE CONSULTANT
FOR
CITY OF CLEARWATER
IDGHLAND AVENUE
FROM
SR 60 (GULF-TO-BAY) TO SUNSET POINT
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I. BASIC CEI SERVICES
For the BASIC CEI SERVICES provided for in this Agreement, the CITY agrees to pay the
CONSULTANT as follows:
A. For the services of all the CONSULTANT'S field personnel assigned to this
PROJECT, the CITY shall pay an amount equal to the CONSULTANT'S billing rate
schedule for all actual hours of work performed. The billing rates shall be based on
salary, a field office overhead rate, fringe benefits, and profit.
B. For overtime hours worked by the CONSULTANT'S personnel, the CITY shall pay
an amount equal to the labor billing cost plus one-half of the direct labor cost
amount. Direct labor costs shall mean salaries and wages paid directly to the
CONSUL T ANT'S personnel and does not include indirect payroll related costs,
fringe benefits, overhead, or profit.
C. For the CONSULTANT'S direct expenses related to field office operations, including
office machines, supplies, overhead, vehicles, inspection equipment, radios, and
safety equipment, the CITY agrees to pay the CONSULTANT a lump sum monthly
amount as shown on Exhibit "C".
D. In the event that this Agreement is terminated under the provisions of this contract,
the total and complete compensation due the CONSUL T ANT shall be as established
by the CITY based on its determination of the percentage of Basic Services work
effort completed to date of termination.
E. In the event the CONSULTANT'S Basic Services payments must be extended,
through no fault of the CONSULTANT, additional compensation shall be negotiated
based on the contractor's work yet to be performed.
II. ADDITIONAL ENGINEERING SERVICES DURING CONSTRUCTION
The CONSULTANT shall provide additional engineering services not otherwise identified
in this Agreement as may become necessary due to the construction services. Compensation
for Additional Engineering Services are as provided within. The following items would
constitute Additional Engineering Services:
A. The CONSULTANT may be required to make changes and revisions to the plans
and specifications based on Contractor proposed modification in order to complete
the construction activities.
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B. The CONSULTANT may, upon request, provide verbal or written interpretation of
design details, design intent, or clarification as may be required by the Contractor for
building the project.
C. The CONSULTANT shall review shop drawings as submitted by the Contractor and
provide comments, approvals, etc. as required so that the construction work may
proceed on a timely basis.
D. The CONSULTANT may, upon request, assist in preparing for arbitration hearings
or litigation that occur after the completion of the CONSULTANT'S contract time
in connection with the PROJECT covered by this Agreement.
E. The CONSULTANT may, upon request, provide qualified engineers and/or
engineering technicians to serve as engineering witnesses, provide exhibits, and
otherwise assist the CITY in any litigation or hearings in connection with the
construction contract(s).
F. The CONSULTANT may, upon request, provide off-site inspection services above
those specified in this Scope of Services.
G. Payment for Additional Engineering Services shall be made based on actual hours
worked times the billing rate schedule for home office engineering work. The billing
rates shall include salary, a home office overhead rate, fringe benefits, and profit. In
addition, expenses for computer/CADD time and reproduction shall be based on the
rates shown in Exhibit "C".
III. OWNERSHIP OF PROJECT DOCUMENTS
All inspection data, diaries, field notes, as-built plans, specifications and any other
documents prepared or obtained by the CONSUL T ANT under the provisions of this
Agreement shall be the sole property of the CITY and, together with all data and reference
material furnished by the CITY in connection with the PROJECT, shall be delivered to the
CITY upon completion of the PROJECT, or upon termination of this Agreement as provided
for herein.
IV. INVOICES
The CONSULTANT shall invoice the CITY on a monthly basis for the duration of the
project.
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EXHIBIT C
DETAILS OF ADDED FEES
HIGHLAND AVENUE IMPROVEMENTS
CONSTRUCTION ASSISTANCE
FROM SR 60 (GULF-TO-BAY) TO SUNSET POINT ROAD
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EXHIBIT C
SUPPLEMENTAL AGREEMENT NO.2
mGHLAND AVENUE CONSTRUCTION ASSISTANCE
DETAILS OF FEES
SR 60 (Gulf-to-Bay) to Sunset Point Road
1) Additional Engineering Services $43,200.00
2) CEI Field Services $481,810.00
3) Geotech & Lab Services Allowance
(Williams Earth Sciences) $11,075.00
4) Miscellaneous Survey Allowance
(Cumbey & Fair, Inc.) $25.000.00
TOTAL MAXIMUM FEE
$561,085.00
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SUPPLEMENTAL AGREEMENT NO.2
HIGHLAND AVENUE PLANS REVISIONS
SR 60 (Gulf-to-Bay) to Sunset Point Road
Additional En2ineerin~ Services
Labor Cost Calculation
Hrs. Per Total Billing
Job Class No. Mos. Month ~ ~ :[Qml
Principal 16 2 32 hrs. $125.00 $4,000
Project Manager 16 8 128 hrs. $90.00 $11,520
Senior Engineer 16 6 96 hrs. $85.00 $8,160
Engineer 16 6 96 hrs. $65.00 $6,240
Technician 16 6 96 hrs. $45.00 $4,320
Clerical 16 6 96 hrs. $35.00 $3.360
ESTIMATED LABOR COSTS $37,600
ESTIMATED EXPENSES @ 15% (Rounded) $ 5.600
TOTAL ADDITIONAL ENGINEERING ASSISTANCE ALLOWANCE $43,200
Unit Rates for Home Office Expenses
for Additional Engineering Services
CADD (For Drawing Revisions)
PC Computer (For Design Analysis)
Xerox Copies (8 W' x 11 ")
Xerox Copies (11 II x 17")
Bluelines
$25/hr.
$10/hr.
1 O~/copy
20~/copy
$1.00/sheet
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HIGHLAND AVENUE
CEI Services Fee Computation Sheet
Assumption: Construction will take 14 months. CEI Services will start 0.5 months before construction
contract NTP and 1 month after completion of contract. Total HDR contract period is
estimated at 16 months.
LABOR
Hrs. Per Total Billing
Job Class No. Mos. Month limla ~ Thtll
Project Engineer 15.5 173 2,680 $60/hr. $160,800
Sr. Inspector 15.0 173 2,595 $50/hr. $129,750
Inspector 14.5 173 2,508 $35/hr. $ 87,780
Secretary 15.5 173 2,680 $25/hr $ 67.000
SUBTOTAL HDR LABOR $445,330
EXPENSES (from attached) $ 36.480
TOTAL HDR CEI SERVICES $481,810
SUB CONSULTANTS
Williams and Associates (see attached)
Cumbey & Fair (est. 30 party days @$825/day)
$ 11,075 (allowance)
$ 25,000 (allowance)
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VEHICLES - (3 required)
Rent/month
Insurance/month
To & From Site
On-site Mileage
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HIGHLAND A VENUE
EXPENSES
$380.00
$85.00
$465.00
44 miles
12 miles
56 miles/day for 22 days
15 miles/gal. @$1.25 gal. = 1232($1.25)
15
1232 miles/mo.
~)02.67/mo.
4 oil changes & service per year@ $26 = Sl1M. = $8.67/mo.
12
VEHICLE SUMMARY
Rent
Insurance
Fuel
Service
$380.00
85.00
102.67
.8..Q1
$576.34/mo.lvehicle or $576.34 = $0.468/mile
1232
TOTAL VEHICLE COST = $576.34 x 3 veh. x 15 mo. = $25,945.92
SAY $25.950
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HIGHLAND A VENUE
EXPENSES
EOUIPMENT
Troxler Nuclear Gauge - $6200; 4 year life = ill!m = $129/mo
48
10 month period @ $ I 29/mo =
Radios - 5 required @ 25/mo
(5)(15)($25) =
Level - $600 - 5 year life = ~ = $1 O/mo
60
14 months @ $IO/mo =
Office Machines (copier, fax, etc.)
$200/month for 15 mos =
Office Supplies & Forms
$70/month for 15 months =
Photo Supplies, Film, Prints, Binders, etc.
$150/month for 15 months =
Computer, IBM P.C.
Rental $ 125/moL.li} =
2
Software - no charge
Hand Tools - no charge
SUBTOTAL
EXPENSE SUMMARY
Vehicles
Equipment
$25,950
$ t 0.543
$36,493
or
C-5
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$1.290
$1.875
$140
$3.000
1.050
$2.250
$938
$10.543
$2280/mo
for 16 months
Rounded Total to $36,480
",1, T.I It F
'_W I L
_EARTH
L } A. M S
SCIENCES~
I
2 October 1995
HDR Engineering, Inc.
5100 West Kennedy Boulevard
Suite 300
Tampa" Florida' 33609-1806
Attention:
Mr, Michael Byrom
Subject:
Proposal' fur Laboratory Testing Services
Highland Avenue Improvement
Pinellas County, Florida
WES Proposal Number C2344
Gentlemen:
Williams Earth Sciences is pleased to provide this proposal to perform the ~~ry laboratory testing
services during the COnstruction of the Highland Avenue Improvement project. The following is a brief
discussion of the planned consuucUon, the qualifications and capabilities of the testing proposed by
Williams Earth Sciences and our fee schedule for the oudiJied scope of work at Highland Avenue
~pro~mem. '
CONSTRUCTION MA TER1ALS TESTING SERVICES, HJehland A venue Improvement
Site Preoaration/Earthwork Construction
Our laboratOry testing servi~ during ~ls phase of construction VIil1 consist of the following:
1) Perform soil classifications and any other testing in accordance with the specifications.
2) Perfonn labor:uory Proctor COmpaction teStS to provide me relationship between the diy density and
lIlOiswre COOlent for me existing soils and any select strucmral fill materials to be backf1l1ed withL'l
the COQstruaion areas.
Concrete Placement
Concrete teSting for the curb. sidewalk and retaining wall is included in this section. Our Ia.boratory testing
services during this phase or construction will consist of the following:
CORPOrA IT Of1lCG:
1C600 ~r 1'lY
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1813) l<i\.tI'l4 I'.'.X (8131 Sil-l51O
~ 8 0 r E C H N IC A l S. ,ft ATE. 1 A L S . N t; 1 N . . . 11'1 ~ ~ T 6 S TIN ~
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The concrete cylin~ will be delivered or picked up by Williams Earth Sciences and stored. Each
cylinder will be t.e&ed in accordance with the specifications. with the test <tata reponed to HDR
Engineering, Inc.
PAVEMENTS
Subgrade
1) Perform laboratory Proctor compaction testS and Limerock Bearing Ratio (LBR) tests [Q provide
the relationship between the dry density, moisture coment and bearing ratio on the selected material
lD consUUct the subgrade.
Limerock Base
1) Perform laborarory Proctor compaction tesLS to provide me relationship between tile dry density and
moisture content on the selected material to construct the base course.
Asohalt
On the aspbalt poreons of the roa.dways, we propose 10 perfonn the following:
1) Perform index property testing consisting of extractions. gr~dations and Marshall stabilities.
2) After placemctt. the aspbalt will be cored for thickness and core density. Core holes will be patched
by contractor.
DEFINITION OF SERVICES
Our services, do not include coordinating the occessary testing services with the contractor or the owner.
The contractOr or owner is therefore responsible 10 provide us with sufficient notification to provide
persormc.l to the job site. so that we can perform the necessary materials/inspection services in accordance
with the job plans and specificatioDS. The contractor should also be advised that our work. does not include
supervuion or direction of the actual work of the contractor. his employees or agent.
Furthermore, the contractor should be aware that neither the presence of our field represencative(s) nor the
obscrvatioalmonitonng and testing services provided by Williams Earth Sciences shaH excuse him in any
way for defectS discovered in his work. In this proposal, the words "supervision". · inspection'. or
. COntrol" are used 10 mean observation of the work. and the conducting of teStS by Williams Eanh Sciences
to evaluate substantial compliance with the job plans. specifications. and design concepts. [t is also
uaderstood that our fll'lIl will not be responsible for job or site safety on this project. Job and site safety
will b<l the sole responsibility of the Contractor.
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COMPENSATrON FOR SERVICES RENDERED
For this project, we will provide the above outlined materials testing for the unit rates summarized on the
attaehed Fee Schedule. Invoices will be provided monr:bly fur the amount of work: performed. Each invoice
is due cet 30 days, and ~etainage ?f my portion of our fee is not applicable to this proposa1.
ESITMA TED COST FOR CONSTRUCTION MA TER1AL~ TESTING _
Hidtland ATeaue Improvement
r Utilities E.1rtbwork (pipe bacJcfiU)
8 ProctOr @ S60.00/each
8 hours for Proctor sample pick-up @ $2S.00lhour
$ 120.00
S 200.00
II Pavement Earthwork (cmbanJc:ment, stabilized subgrade and basecour~)
22 Limerock Bearing Ratio tests 0 $175.00/eac;h
22 hours for Limcrock: Bearing Ratio pick-ups C S25.00/hour
7 Umcrock Proctor (II $60.00/each
7 hours for Limerock ProctOr pick-up @ $2S.00lhour
$ 3.850.00
S 550.00
S 420.00
S 175.00
III Concrete (curb, sidewalk, and retaining wall)
80 Cylinders @ S12.00/cylinder
30 hours for concrete sample pick-ups @ $2S.00lboor
$ 960.00
$ 750.00
IV ~halt
Asphalt Inspection, if required,
50 hours Batch Plant Inspection @ $45.00lhour
5 Ext. Gradation and Marshall @ $200.00/each
20 Cores for thickness and density, if needed, @ $40'()O/each
S 2,250.00
$ 1,000.00
$ 800.00
TOTAL
$11,075.00
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AUTHORIZATION OF SERVICES
We will initiate our Materials Testing Services imri:1edialely upon notification of your acceptaDce of this
proposal. We do request wrinen appro....;!l of this proposal and have attached our Authoriz:uion Form for
chis purpose, which should be ex'ecuted and a COpy returned for our files. If you desire, you may also
formally auchorize our services by i.s&uing a letter referencing this proposal or a purchase order, However,
ple.a.se cross out and initial all wording that does aot apply to professional service Contraces and reference
this propos.aJ in the purchase order. Writte:I authorization to proceed is required for our tiles prior to
release of any test resWu.
Williams Earth Sciences is a full-service balanced geotechnical/materials engineering consultant with
excellent testing capabilities, and not JUSt a testing lab lhac wiH a~mpt to practice engineering, should
problems arise. We take both responsibilities very seriOUSly. We are also the type of consultant that likes
to be pan of the design/COnstruction team, to complement your team's capabilities as a material
engineering/testing consultant when problems arise.
We appreciate the OPportunity to provide this Proposal, and look forward to serving as the materials
engineering/testing COQSultant during construction of this project, We remain available to answer any
questions you may have concerning this proposal.
Sincerely,
4C~
Craig C. RudaoLaboratory Manager
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FEE SCHEDULE
SoUa T estlna
Field Density Test (minimum three: pef trip)
Moiswre-Density Relationship (Proctor)
Sample at site. Senior Engineering Technic~n.
ponal to ponal
Sieve Analysis. washed
Florida Bearing Value. includes pid:-up
and performing test
Bearing Ratio of Laboratory-COmpaaed Soils (LBR)
Sample at site, Senior Engineering Technician,
portal to portal
Includes 3 or 4 point penetration curve and
moisture-denstty curve
FulL Time Site Inspection (minimum 4 hours)
Engineering Technician. portal to ponal
Soil classification by Engineering Geologist
Concrete Test1n2
Standatd concrete test cylinders, 6" x 12"
Includes curing, co~pressive strength md report
Nexc-day picJc-u.p of cylinders
Sampling or pickup of materials for laboratory testing
Engineering Technician, portal to portal
Special cylinder breaks - outside of normal work hours,
weekends, holidays (minimum 4.0 hours)
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S 17.00/~ch
S 60.00/~ch
S 25. OOlhour
S 30.00/each
$ 23.00/~cb
,$ 25.00lhour
$175.00/eactl
$ 25.00lhour
$ 55.00lhour
$ 12.00/eacb
$ 25. OOlhour
$ 25.00/hour
$ 27. OOlhour
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Secondary Laboratory Tesdn~
Atterberg Umiu, liquid and pl3.1tic limiu
Organic Content
Sieve Analysis, washed
Moisture Content of Soif.
S 45.00/each
$ 20.00/each
$ 30. OO/each
$ 10.00/eadt
AspbaJdc: Concrete T estlna
Drilled Cores for thidcncss aDd density of asphaltic concrete, includes
Technician, coring apparatus, and generator $ 40.00/each
Extraction, Gradation and Marshall Stability Test on
freshly sampled asphalt
Set of 3
S200.00/sct
Batch Plant and Field Inspection
$ 45.00lhour
T echnJcaI Senfces
Technical DrafLsmanIT echniC31 Secreary
Enginc:aing Technician
Regular
Overtime
Senior Engineering Technician
Regular
Overtime
Project Administrator/Field Supervisor
GcologistITechnical Services Director
Project Engineer
Senior Engineer, P.E.
~ 21.00/hour
$ 25. OO/hour
$ 32.501hour
S 4S. OO/hour
S S2.00lbour
$ 5S. OOlhour
S 6S.00/hour
$ 75.00lhour
SllO.OOthOUt
COSTVARlA.BLES
Costs outlined in this proposal are good for 90 days. All charges will be based solely on the actUal unilS
of work performed in keeping with the COsts outliDcd. above. The unit rates per test (fiefd or laboratory)
are based upon rcguJar wor.k.ing hours, 7;30 am to 4:00 pm, Monday througb Friday. Standby time at the
jOb site will be billed In conformance with the fee schedule. An "overtime" rate will be for any authorized
testing performed outside of the above time frame and on holidays. Failure by the authorized party to notify
the laboracory of work that is canceled or rescheduled will be charged portal to portal if no work: is
performed by the Technician dispatched to the site. A maximum. of four reports will be available for each
project. Additional laboratory reports will be available at $.50 per page.
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