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CLEARWATER BEACH TRAFFIC PLANNING STUDY I 1 Kim/ey.Horn and Associates, Inc. 5422 Bay Center Drive, Suite 1 02, Tampa, Fla. 33609 · (813)872-0915 Raleigh, West Palm Beach,Tampa,Orlando, Knoxville, Dallas May 20, 1983 Ms. Chris Papandreas Chief Planner City of Clearwater City Ha 11 P.O. Box 4748 Clearwater, Florida 33518 RE: Clearwater Beach Traffic Planning Study Dear Ms. Papandreas: Kimley-Horn and Associates is pleased to submit this proposal to provide professional transportation engineering and planning services for the Clearwater Beach Traffic Planning Study. The scope of services, fee, and billing procedures are detailed in the following sections. I NTRODUCTI ON The City of Clearwater desires to perform a planning study of Clearwater Beach to consider the following transportation items: traffic circulation, public parking access, public transit circulation, pedestrian circulation. Kimley-Horn and Associates will work with City of Clearwater staff to con- duct the Clearwater Beach Traffic Study. Both parties will have specific responsibilities and tasks in order to conduct the study and these are out- lined in the following sections. The study area is defined as Clearwater Beach between Clearwater Pass Avenue and Somerset Street. The study will concentrate on existing transportation elements, not forecasts of future conditions. i... _' t' "l " '-.-l_ , , , ,~ /i () / J :, i:: ',i, OJ if / If-__~7 ,----.--'---.-- c) I I I' WD[]fjfJOeill'Jo[J{}@[l[JD I Ms. Chris Papandreas -2- SCOPE OF SERVICES May 20, 1983 1. Kimley-Horn and Associates (KHA) will attend an initial project meeting with City of Clearwater staff (Staff) to finalize the schedule, review specific responsibilities, and to define information and data needs which the Staff will collect, assemble and deliver. At this same meeting and upon conclusion of discussion of the items above, the consultant will also meet with a Citizen Advisory Committee and, along with Staff, out- line the study objectives. The primary purpose of this meeting is for the committee members to discuss their perception of the Clearwater Beach transportation components. The determinations made at this meeting regarding the needs and perceptions of citizens and Staff will be summarized by KHA in a memo, which will be submitted to the Staff for concurrence. 2. KHA will review the information and data collected and assembled by Staff to become familiar with existing transportation components of the study area. 3. KHA will conduct a one-day site inspection of the study area during the Memorial Day weekend (May 27-31) on the day mutually agreed by KHA and Staff as the most effective day to observe transportation activity. This inspection will be visual observations conducted byKHA senior transportation professionals. KHA will conduct an additional site in- spection on an off-peak day. Traffic circulation, parking, pedestrian transit operations observed during these inspections will be the basis for considering possible transportation enhancements. 4. Upon completion of the above tasks, KHA will develop a generalized transportation concept for current conditions which may include specific recommendations for changing traffic circulation patterns, revising transit routes, changing public parking lot driveway locations, desig- nating special features for pedestrians and bicyclists. The transpor- tation concept will be based on the conditions observed during the site inspection, data and information provided by Staff, and the consultant's experience. KHAwill attend one meeting with Staff to present the concept and to seek Staff comments. 5. KHA will refine the transportation concept based upon Staff's comments and suggestions. The transportation concept will also be coordinated to a practical extent with a landscaping perspective sketch of Mandalay I I r r%D[J[JDO@fjofX]@{l{fD \ Ms. Chris Papandreas -3- May 20 ~ 1983 Avenue in vicinity of Causeway Boulevard. The perspective sketch will be prepared by Wallace~ Roberts and Todd~ Incorporated (WRT) a pro- fessional planning firm and will be based on a site inspection. WRT1s participation in this study will include a site visit and preparation of a perspective sketch to convey their concept of typical~ possible landscaping treatment. 6. KHA will prepare sketch conceptualizing various components of the trans- portation concept. This sketch will be prepared on aerial photography and will include details to the extent practical for this type of planning study. This sketch will indicate lane arrangements and relevant signage and signalization~ and will provide an adequate basis from which to estimate preliminary construction costs. 7. KHA will prepare a draft narrative coordinated with the transportation concept sketch and the landscaping perspective sketch. This narrative will adequately address the traffic engineering aspects of the proposed design~ and will include consideration of automobile~ bus~ pedestrian and bicycle circulation. It is anticipated Staff will also prepare approximate text to combine with KHA's text. The final report will be presented as a "City of Clearwater and Kimley-Horn and Associates" document. 8. KHA will attend one meeting with Staff and the Advisory Committee to present the transportation concept. CITY OF CLEARWATER RESPONSIBILITIES The following study related tasks will be performed by the City of Clearwater. 1. Provide information or collect data requested by KHA to support the study and may include traffic counts, accident summaries and collision diagrams~ land use data~ public parking information~ transit opera- tions information~ special pedestrian/merchant interviews. 2. Provide a quality aerial photograph reproducible mylar to size and scale requirements requested by KHA. 3. Organize the Advisory Committee and perform all committee liaison and coordination. I I r WD[JffDO@Wo[J{]@[j'[jfJ I Ms. Chris Papandreas -4- r'1ay 20, 1983 4. Make necessary Staff decisions on ideas and concepts presented by KHA. 5. Prepare construction cost estimates, if estimates are to be included in the final report. 6. Prepare as an overlay to the aerial photography, a summary of existing traffic volumes and past 12 months of accident experience. This data will be the basis for the consultants development of transportation concepts. 7. Prepare a narrative description of the study area, background infor- mation, and outline later steps directed toward project implementa- tion. Staff will coordinate production and printing of the final report. TIME SCHEDULE We will work as expeditiously as possible to meet the time schedule as devel- oped by the City of Clearwater for the various elements of the project. FEE AND BILLING Kimley-Horn will provide the services defined in the Scope of Services for a lump sum fee of $8,350. Billing will be monthly based upon a percent com- plete of the project. (THIS SPACE NOT USED) I I /'WD[JfJfJO@djo[J{]@[J[JD I Ms. Chris Papandreas -5- May 20, 1983 CLOSURE In addition to the matters set forth herein, our Agreement shall include, and shall be subject to, the Standard Provisions attached hereto and hereby in- corporated herein. The term lithe Clientll as used in the attached Standard Provisions shall refer to the City of Clearwater. If you concur in the foregoing and wish to direct us to proceed with the aforementioned work, please execute the enclosed copy of this letter agree- ment in the space provided and return the same to the undersigned. Fees and times stated in this Agreement are valid for sixty (60) days after the date agreement by the Engineer. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. ~ba*r- t;;ii~JI JWI/jam Attachment: Standard Provisions AGREED TO THIS 3(~ DAY OF ~ , 1983. Title: By: .' f 1:1' , Attest: 1q17t:lA--~,. ~?'"t-,~ ~~/'1M.-tij , l:ty Clerk S'/3 II 'B' -3 ,,''1< Mayor-Commissione . y j/ correctness '- I I Fla-81 -' . KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Invoices. Invoices will be submitted by Kimley,Horn and Associates, Inc. (the "Engineer") to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payment of each such invoice will be due within twenty-five (25) days of the receipt thereof, A service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency, (2) Failure to Pay. If the Client fails to make any payment due the Engineer for services and expenses within sixty (60) days after the Engineer's transmittal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (3) Legal Action. I n the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, the Engineer may initiate legal proceedings to collect the same and recover, in addi- tion to all amounts due and payable, including accrued interest, its reasonable attorneys' fees and other expenses re- lated to the proceeding, Such expenses shall include, but shall not be limited to, the cost, determined at the Engi- neer's normal hourly bill ing rates, of the time devoted to such proceeding by its employees, (4) Non-Contingency. The Client acknowledges and agrees that the payment for services rendered and ex- penses incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is ex- pressly set forth in this Agreement, (5) Opinions of Cost. (a) Since the Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opin- ions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and mater- ials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by the Client will be paid for as additional services hereunder by the Client. (b) If a limit with respect to construction or other costs is established by written agreement between the Client and the Engineer, the following will apply: (i) The acceptance by the Client at any time during the performance of services hereunder of a re- vised opinion of probable cost in excess of the then established cost limit will constitute a corresponding revision in the previously agreed cost limit to the extent indicated in such revised opinion, (ii) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. (iii) The Engineer will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the drawings and specifications prepared by it pursuant hereto and to make reasonable adjustments in the extent of the project to bring it within the cost limit. (iv) If the bidding or negotiating phase of the project has not commenced within six months after completion of the Engineer's design hereunder, the established cost limit will not be binding on the Engineer, and the Client shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Engineer's design hereunder and the date on which proposals or bids are sought. (v) If the lowest bona fide proposal or bid exceeds the established cost limit, the Client shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project's extent or quality, In the case of (3), the Engineer shall, without addi- tional charge, modify the plans and specifications prepared by it hereunder as necessary to bring the subject cost within the cost limit, The providing of such service will be the limit of the Engineer's responsibility in this regard and, having done so, the Engineer shall be entitled to payment for his services in accordance with this Agreement. (6) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accord- ance with the terms hereof through no fault of the terminating party. In the event of any termination, the Engineer will be ,paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termination. In the event the Engineer's compensation under this Agreement is a fixed fee, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the amount of the work done, as reasonably determined by the Engineer, to the total amount of work which was to have been per- formed, less prior partial payments, if any, which have been made, [I m;D[flJDO@1;JoDfl@~Uf) I] Fla-81 (7) Reuse of Documents, .cJ1 documents, including but not limited to draings and specifications, pr~pared by,-the Engineer pursuant to this Agreement are related exclusively to the services uescribed herein. They are not in- tended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other project, Any reuse without written verification or adaptation by the Engineer for specific purposes intended will be at the Client's sole risk and without liability or legal exposure to the Engineer; and the Client shall indemnify and hold the Engineer harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting therefrom, Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer, (8) Liability. The Engineer is protected by Workmen's Compensation I nsurance (and/or employer's liability insurance), professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss, damage, injury or liability arising directly from the negligent acts or omissions of the Engineer, its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If the Client requires increased insurance coverage, the Engineer will, if specifically directed by the Client, take out additional insurance, if obtainable, at the Client's expense. (9) Limitation of Liability. In performing its professional services hereunder, the Engineer will use that de- gree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profess'lon prac- ticing in the same or similar locality. No other warranty, express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. It is agreed that, in accordance with and subject to the provisions of the foregoing paragraph (8), the Client will limit any and all liability, claim for damages, cost of de- fense, or expenses to be levied against the Engineer on account of any and all design defects, errors, omissions, and professional negligence to the amount actually paid in compensation for, or with respect to, such liability, claim, cost, or expense under any policy or policies of professional liability insurance maintained by the Engineer. Further, the Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by the Engineer of such limitation for design defects, errors, omissions, or professional negligence, and require as a condition precedent to his (or its) performance of such work an identical limitation of liability on his (or its) part as against the Engineer. In the event the Client fails to obtain an identical limitation of liability provision as to design defects, the Client shall indemnify and hold the Engineer harmless for any liability related to errors, omissions, or act of professional negligence in such a manner and to such extent that the aggregate liability of the Engineer, including awards and costs assessed by any mediator-arbitrator for such design defect to all parties, including the Client, shall not exceed the aforementioned amount. Under no circumstances shall the Engineer be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of the contractor or materialmen to install work in accordance with the plans and specifications. (10) Expenses of Litigation. In the event litigation in any way related to the -services performed hereunder is initiated against the Engineer by the Client, its contractors, or subcontractors, and such litigation concludes with the entry of a final judgment favorable to the Engineer, the Client shall reimburse the Engineer for all of its reasonable attorneys' fees and other expenses related to said litigation. Such expenses shall include, but shall not be limited to, the cost, determined at the Engineer's normal hourly billing rates, of the time devoted to the defense of such litiga- tion by the Engineer's employees. (11) Controlling Law. This agreement is to be governed by the law of the State of Florida, (12) Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. (13) Merger; Amendment, This Agreement constitutes the entire agreement between the Engineer and the Client, and all negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Engineer and the Client, (14) Photographs. Photographs of any completed project embodying the services of the Engineer provided here- under may be made by the Engineer and shall be considered as its property, and may be used by it for publication. (15) Compensation for Additional Services. The undertaking of the Engineer to perform professional services under this Agreement extends only to those services specifically described herein. If upon the request of the Client, the Engineer agrees to perform additional services ("Additional Services") hereunder, the Client shall pay the Engi- neer for the performance of such Additional Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (i) the payroll costs ("Payroll Costs") incurred by the Engineer in providing such Addi- tional Services multiplied by a factor of 2.75, plus (ii) the reimbursable expenses ("Reimbursable Expenses") so in- curred by the Engineer in providing such services multiplied by a factor of 1.15.