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LANDMARK DRIVE AGREEMENT AND SCOPE OF SERVICES '" .~~. , )i "Ktng Engineering AssocicLs, Inc. I AGREEMENT III. VII. VIII. I. II. IV. V. VI. LANDMARK DRIVE AGREEMENT AND SCOPE OF SERVICES CONTENTS General Scope of this Agreement Professional and Technical Services Period of Service General Considerations Insurance/Safety and Health Compensation Termination Suspension, Cancellation or Abandonment ATTACHMENT A - DESCRIPTION OF PROJECT ATTACHMENT B - SCOPE OF SERVICES 1. 0 General 1.1 1.2 1.3 Proposed Improvements Limits of Work Pre-Design Conference 2.0 Services (~ .:7 ~~/ 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 10/15/90 Surveys Soils Investigation and Analysis Design Services Preparation of Construction Plans Preparation of Construction Specifications Right-of-v~ay Permits Presentations and Public Meetings Preparation of utility Adjustment Plans and Coordination with utility Services and Affected Public Agencies Consultation During Construction Construction Staking PAGE 1 1 2 2 3 6 6 6 8 9 9 9 9 10 10 10 12 12 14 16 17 17 20 20 20 21 Od--_!!(",~C'O ll) '..., !. 1 ktng Engineering AssocicLs, Inc. 2.12 Resident Project Representation 2.13 Additional Services 3.0 City Responsibilities 4.0 Submittals 4.1 Forty Percent (40%) Submittal 4.2 Seventy Percent (70%) Submittal 4.3 One Hundred Percent (100%) Submittal 4.4 Signing and Sealing of Plans ATTACHMENT C - COMPENSATION I. Method of Compensation II. Invoicing Procedure III. Miscellaneous 10/15/90 I 21 24 25 25 26 26 27 27 28 28 29 29 1,<... "I' 'king Engineering AssocicLs, Inc. I AGREEMENT BETWEEN CITY AND ENGINEER FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this ,}tb~ day of ftc,~ 19~O , by and between the City of Clearwater, Florida, hereinafter referred to as the CITY, and King Engineering Associates, Inc., a Florida corporation, hereinafter referred to as the ENGINEER. WITNESSETH: WHEREAS, the CITY proposes to do certain work towards accomplishment of the project described in Attachment A; and WHEREAS, the CITY desires to engage the ENGINEER to perform certain professional services pertinent to such work in accordance with this Agreement; WHEREAS, the ENGINEER desires to provide such professional services in accordance with this Agreement. NOW THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: I. GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the ENGINEER will provide the professional and technical services required under this Agreement in accordance with acceptable engineering and planning practices and ethical standards. II. PROFESSIONAL AND TECHNICAL SERVICES It shall be the responsibility of the ENGINEER to work with the CITY and apprise it of solutions to engineering, planning and design problems and the approach or techniques to be used towards accomplishment of the CITY'S objectives as set forth in Attachment A. The scope of services to be provided to accomplish the CITY'S objectives is set forth in Attachment B, subject, however, to the inclusion of additional services as provided in section IV.C. 10/15/90 - 1 - ~, ._,' "_ -,. J 'king Engineering AssocicLs, Inc. I III. PERIOD OF SERVICE A. The ENGINEER will begin work promptly after receipt of a fully executed copy of this Agreement; such receipt shall constitute written notice to proceed. B. If the ENGINEER'S design services called for under this Agreement are delayed for reasons beyond the ENGINEER'S control, the time of performance shall be adjusted 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 Attachment C 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. C. The ENGINEER shall not be bound under this Agreement if a fully executed copy hereof is not received by the ENGINEER on or before January 1, 1991. IV. GENERAL CONSIDERATIONS A. All original sketches, tracings, drawings, computations, details, design calculations and other documents and plans that result from the ENGINEER'S services under this Agreement are and remain the property of the ENGINEER as instruments of service. Where such documents are required to be filed with governmental agencies, the ENGINEER will furnish copies to the CITY upon request. B. The CITY may, at its expense, obtain a set of reproducible copies of any maps and/or drawings prepared for it by the ENGINEER in consideration of which the CITY agrees that no additions, deletions, changes or revisions shall be made to same without the express written approval of the ENGINEER. C. Notwithstanding that specific services are enumerated in Attachment B, the ENGINEER will, upon written request of the CITY, provide any and all other civil engineering, planning, landscape and architectural consulting services normally falling within the scope of services offered by the ENGINEER; provided, however, that such additional services shall result in extra compensation to the ENGINEER, as provided in Attachment C. It is understood and agreed that if such additional services are requested, the Agreement shall be considered as a continuing contract with respect thereto. 10/15/90 - 2 - 1 J_ -, . king Engineering AssocicLs, Inc. I D. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise to design facilities within a cost limitation. E. It is understood and agreed that the ENGINEER'S services under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the CITY and the ENGINEER describing the services desired and providing a basis for compensation to the ENGINEER. F. Upon the ENGINEER'S request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem necessary, and the ENGINEER may rely upon same in performing the services required under this Agreement. G. The CITY and the ENGINEER each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement; and neither the CITY nor the ENGINEER will assign or transfer interest in this Agreement without written consent of the other. v. INSURANCE/SAFETY AND HEALTH A. Workers Compensation and Employers Liability The ENGINEER/CONSULTANT shall procure and maintain, for the life of this Contract/Agreement, Workers Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers Liability with limits meeting all applicable state and federal laws. B. General Liability The ENGINEER/CONSULTANT shall procure and maintain, for the life of this Contract/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 (ISO). 10/15/90 - 3 - -,"'. 1 , 1 king Engineering AssocicLs, Inc. I This policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly for the performance of this Agreement. The minimum limits of coverage shall be $500,000, per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The CITY Additional insurance. shall be included Insured under the and identified as pOlicy/certificate an of C. Business Automobile Liability The ENGINEER/CONSULTANT shall procure and maintain, for the life of the Contract/Agreement, Business Automobile LIability Insurance. The minimum limits of coverage shall be $500,000, per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, with a $100 deductible. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office (ISO). The CITY Additional insurance. shall be Insured included under the and identified as pOlicy/certificate an of D. Professional Liability Insurance The ENGINEER/CONSULTANT shall procure and maintain, for the life of the Contract/Agreement, Professional Liability Insurance. This insurance shall provide coverage against such liability resulting form this contract/project. The minimum limits of coverage shall be $1,000,000 (with a $75,000 deductible limit). E. Indemnity In consideration of the sum of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged, payable as part of the first payment for services the ENGINEER/CONSULTANT agrees to defend, save and hold the CITY, its agents, assigns and employees, harmless from all claims or causes of action, including costs and attorney's fees, and all judgements whatsoever, involving personal injury, bodily injury, death, or 10/15/90 - 4 - .' ''! king Engineering AssociJes, Inc. I property damage, arising out of any negligent act or omission, or the violation of any federal, state or local law or regulations by the Engineer/Consultant, its subcontractors, agents, assigns, invitees or employees in connection with this contract/Agreement. F. Supplemental provisions The insurance coverages and conditions afforded by the above mentioned policies shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified mail return receipt requested has been given to both the Public Works Director and the Risk Management Offices of the CITY. certificates of Insurance meeting the specific required insurance provisions specified within this Contract/Agreement shall be forwarded to both the Public Works Director and Risk Management Offices of the CITY and approved prior to the start of any work. After review, the certificate will be filed with the city Clerk as a part of the official contract file. Receipt and acceptance of the ENGINEER/CONSULTANT's certificate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages which may be less than required by this ,Contract/Agreement. The CITY may, at its option, require a copy of the ENGINEER/CONSULTANT's Insurance Policies. G. Safety and Health Requirements It is the ENGINEER/CONSULTANT's sole duty to provide safe and healthful working conditions to its employees on and about the site of Contract/Agreement Performance. The CITY assumes no duty for supervision of the ENGINEER/CONSULTANT. The CITY may order that the work stop if a condition of immediate danger to CITY employees, equipment or property damage exists. This provision shall not shift responsibility or risk of loss for injuries or damage sustained from the ENGINEER/CONSULTANT to the CITY, and the ENGINEER/CONSULTANT shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of ENGINEER/CONSULTANT performance until construction commences. 10/15/90 - 5 - . ,C_ T , . king Engineering AssocicLs, Inc. I The ENGINEER/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, local regulations or CITY safety and health standards. VI. COMPENSATION The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment C. VII. 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 this Agreement is terminated, the ENGINEER shall be paid in accordance with the provisions of Attachment C for all work performed up to the date of termination. VIII. SUSPENSION, CANCELLATION OR ABANDONMENT In the event the project described in Attachment A, or the services of the ENGINEER called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the ENGINEER shall be given thirty (30) 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. 10/15/90 - 6 - .. ,I ., , kIng Engineering AsSOCicLs, Inc. I IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. WITNESS Countersigned: By:~MLQ. s~ CITY OF CLEARWATER tJ j;; By: -t1--:r t!Ji____ Ron H. Rabun City Manager Rita Garvey Mayor-Commissioner Approved as to form and correctne Attest: M.A. city -...'- t..AU , '-. /;/ 10/15/90 - 7 - '. t, "King Engineering AsSOCiaLs, Inc. I ATTACHMENT A - DESCRIPTION OF PROJECT Project: Landmark Drive Owner: City of Clearwater The nature, character, CITY'S objectives and limits of the proposed project are to extend Landmark Drive from the existing terminus at Enterprise Road to its connection with Union Street. The facility is to be up to a 38 foot wide rural section roadway together with sidewalks on both sides of the road, drainage and appurtenant features. The roadway will cross wetlands within the Mullet Creek Basin including Mullet Creek on the north end of the project. The facility will also provide access to adjacent subdivisions, private parcels and a proposed pinellas County Middle School. Professional Engineering Services desired are to develop preliminary plans and right-of-way maps, surveying, legal descriptions, prepare construction plans including utility relocations, notification to utilities, coordination with State and County Agencies, obtain all permits, etc. as may be necessary to complete plans, advertise for bids and start construction. Additional optional services which may also be needed are to provide construction management, inspection, record drawings, regulatory certifications, etc. as may be necessary to successfully complete the extension project. Initials of Signatories: For the ENGINEER Date -!~/;I /t;1J , I For ~I~4 /l1~/96 f f Date 10/15/90 - 8 - ! ,t "J , . King Engineering AssociaLs, Inc. I ATTACHMENT B - SCOPE OF SERVICES 1.0 GENERAL The services to be provided by the ENGINEER under this Agreement fall generally in the category of civil Engineering and are described in detail as follows. The design, plan production, and permitting shall be complete within nine (9) months from notice to proceed. 1.1 PROPOSED IMPROVEMENTS The proposed improvements are essentially the extension of Landmark Drive from the existing terminus at Enterprise Road to its connection with Union Street. The project will include pavement construction, sidewalks, detention ponds, roadway swales, and drainage structures. The proposed improvements will include: 1. Drainage and necessarily a system. environmental part (because improvements of permits) related of the to and roadway 2. Coordination of possible relocation of existing transmission towers or existing private detention including redesign of detention pond (if required). power pond, 3. Special road and/or bridge design to minimize environmental impacts. Access to adjacent property shall normally be provided by existing driveways in the current locations. 1.2 LIMITS OF WORK 1.2.1 Proposed improvements shall extend, laterally and linearly, to the right-of-way for driveways and 200 feet further for connecting streets. 1.2.2 It is intended that proposed drainage improvements be contained within the limits of existing adjacent publicly-owned lands, the project rights-of-way, or adjacent easements where practical and feasible. Additional properties will be acquired by the CITY only if necessary. 10/15/90 - 9 - t ,I " . 'King Engineering Associ1s, Inc. I 1.3 PRE-DESIGN CONFERENCE Prior to the commencement of design activities the CITY will conduct with the ENGINEER a pre-design conference for the purpose of discussing issues relative to the proj ect, plans preparation and submittal procedures and to convey to the ENGINEER such items as may be required and available at that time. Compensation for this item is covered under section 2.3 (Design Services). 2.0 SERVICES 2.1 SURVEYS 2.1.1 location, project. The ENGINEER shall provide land survey necessary for the design, and preparation of construction plans for the 2.1.2 Base Data KEA will prepare a coordinate geometry computer model of the project showing road centerline, right-of-ways, easements, plats, etc. This model will serve as a base for the preparation of subsequent work. 2.1.3 Environmental Delineation and Determination A. Re-establish in the field, utilizing City of Clearwater field notes, the limits of the jurisdictional area as marked in March 1989, comprising approximately forty (40) points. B. Upon final agency review and approval, KEA will locate modifications to the established line. Whi te PVC pipe will be placed at the approved points to delineate the jurisdictional area. 2.1.4 Topographical, Tree and Cross-Sectional Information A. KEA is in receipt of field notes from the City of Clearwater, surveyed from November 1988 to February 1990, which cover topographical and tree locations, as well as cross-sectional information from a point approximately two hundred seventy feet (270') south of the centerline of Marlo Blvd., north to approximately one hundred feet (100') north of the centerline of Enterprise Road (total length of 2500 LF). KEA will utilize this information with random field verification, as 10/15/90 - 10 - " , " . King Engineering AssocicLs, Inc. I necessary. Supplemental data (topographical, tree and cross-sections) will be acquired as follows: 1. 1,000 LF along Enterprise Road (500 LF each side of the centerline of Landmark Drive). 2. 1,000 LF along Union Street (500 LF each side of the centerline of Landmark Drive). 3. 3,000 LF along proposed Landmark Drive (from Union Street to a point approximately 270 feet south of the centerline of Marlo Blvd). 4. Topographical, tree and cross-sectional information is defined as follows: (a) Topographical Locate above ground improvements, i.e., pavement, poles, fences, etc., lying within 50 feet each side of the proposed centerline of Landmark Drive and Enterprise Road, 40 feet each side of centerline of Union Street, 50 feet south of the Centerline of Enterprise Road. (b) Trees - Locate protected trees (4" DBH) within 40 feet each side of the proposed centerline of Landmark Drive and 50 feet south of the centerline at Enterprise Road and Union Street. (c) Cross-sections 100 foot station interval, extending 130 feet each side of the proposed centerl ine, (wherever practical) of Landmark Drive, 50 feet each side of the centerline of Union Street and Enterprise Road. (d) Underground utilities - Locate utilities as marked by others in areas of concern. 2.1.5 Right-of-way Survey and Acquisition A. KEA will provide a right-of-way survey in accordance with Chapter 21HH-6 F.A.C. for Landmark Drive from Union Street to Enterprise Road. 10/15/90 - 11 - -~ -, King Engineering Associ6~s, Inc. B. KEA will provide descriptions of additional right- of-way to be acquired. Sketches will be provided on descriptions by metes and bounds (approximately 10 parcels total). 2.2 SOILS INVESTIGATION AND ANALYSIS The ENGINEER, through a professional subcontract approved by the CITY, shall furnish a soils investigation and analysis in accordance with the following requirements: 2.2.1 The soils investigations and analyses shall be performed by a professional firm qualified to render such services. 2.2.2 Roadway soils borings shall be obtained. 2.2.3 Methods and equipment used in obtaining soil samples shall be compatible with project design requirements. 2.2.4 Soil samples shall be obtained from areas of proposed improvements at intervals sufficient to permit an appropriate evaluation of soil conditions with respect to project design requirements. Groundwater elevations shall be determined. 2.2.5 The location of the soils borings shall be shown on the construction plans. 2.2.6 The ENGINEER shall coordinate, guide, and interpret findings obtained by the professional geotechnical subconsultant. 2.2.7 The ENGINEER shall furnish a narrative summarizing the investigative procedure and the results analyses, together with an assessment of design constraints, due to soil conditions. report of the if any, 2.3 DESIGN SERVICES The ENGINEER shall furnish design services necessary to perform project design services and prepare construction plans and construction specifications. 2.3.1 The term "Design Services" shall include the following services, except where such services are specifically provided for elsewhere in this Agreement: 10/15/90 - 12 - '" ,1_ ... , . King Engineering AssocicLs, Inc. I A. The design recommendations shall be developed in accordance with acceptable engineering practices. B. C. D. E. 2.3.5 A. 2.3.6 The design recommendations shall reflect the ENGINEER'S assessment of existing conditions which may reasonably be judged to have an impact on the project. Existing drainage problem areas shall be identified, and recommendations for their solution shall be formulated. The design recommendations shall be documented by drawings, sketches and preliminary cost estimates, including costs of land acquisition. Land values will be supplied by the CITY at the request of the ENGINEER. The design recommendations provided for above, when accepted by the CITY, shall become the Project Schematics. Preliminary Design Preliminary plans shall be further development of the Project Schematics. B. For the purpose of this Agreement the preliminary plans shall constitute the forty percent (40%) plans submittal and shall conform to the submittal requirements of section 5.1. Final Design A. Final design shall commence upon completion of preliminary design provided for in section 2.4, and shall consist of the final development and detailed design of the project, and the final preparations of construction plans, quantity estimates, cost estimates, and construction specifications. B. The seventy percent (70%) and one hundred percent (100%) submittals shall be conducted under this phase. 2.4 PREPARATION of CONSTRUCTION PLANS The ENGINEER shall prepare plans necessary for the construction of the proj ect. The construction plans set shall meet the following requirements. 10/15/90 - 14 - .t 1. -, , . King Engineering AssocicLs, Inc. 1 2.4.1 The plans shall be of content and format similar to the City of Clearwater Engineering Department standards or samples for projects of this type (Drew street Extension). An opinion of probable construction costs shall be included as an attachment to the one hundred percent (100%) review submittal, using current unit price information compiled by the ENGINEER. 2.4.2 It is estimated that the plans set shall include the following elements or sections: Ouantitv Title 1 1 1 1 1 9 9 Cover Sheet Drainage Maps Typical Sections Summary of Quantities Summary of Drainage Structures Plan and/or Plan and Profile Sheets utility Adjustment Plans (on mylar reproducibles of the construction plan- profile sheets to be prepared by others) Roadway Cross Sections Roadway and Drainage Details Stormwater Detention Sheets 11 1 1 2.4.3 draftsmanship reproductions. The plans shall be prepared to acceptable standards of in a manner to insure clarity and legibility of 2.4.4 The following is a guide to drawing scales: Drainage Maps: Scale of existing CITY drainage (1 inch = 200 feet) maps. Typical Sections: No Scale. Plans: 1 inch = 20 feet Cross-sections: 1 inch = 10' (Horz), 1" = 5' (Vert) Roadway Profiles: 1 inch = 20 feet (Horizontal); 1 inch = 2 feet (Vertical). 2.4.5 Drainage maps shall be developed encompassing an area sufficient to include areas that drain to the roadway plus areas draining to the outfall if the drainage outfall is included in the project. The drainage map shall show existing drainage patterns, structures and details as well as the proposed drainage system to be constructed as part of the project. 2.4.6 Construction plan sheets shall show existing and proposed right-of-way lines and easement lines. Topographical features and existing facilities shall be shown for a distance beyond proposed 10/15/90 - 15 - ( "'I, ! . , King Engineering Associa\es, Inc. 1 right-of-way and/or easement liens sufficient to permit the evaluation of project impact on abutting land, features and facilities, including existing enhancement features such as fences, walls and ornaments. Trees within the right-of-way of a species and size such as to warrant environmental assessment shall be plotted and identified as to species and size. 2.4.7 Profile sheets shall show record information of existing underground utilities, drainage structures, pipes and other facilities, and the approximate limits of any unsuitable material. The CITY will provide excavation to locate utilities if required. 2.4.8 Cross-section sheets shall show, based on the record information available, existing underground utilities, drainage structures, pipes and other facilities, approximate limits of unsui table material, proposed drainage structures, pipes and other underground facilities. Additionally, cross section sheets shall show existing and proposed right-of-way and easement lines, and the existing terrain for a distance beyond proposed right-of-way and/or easement lines sufficient to permit the evaluation of embankment and back slopes, driveway grades and project impact on abutting land, features and facilities. 2.4.9 Drafting shall be clearly legible and easy to read for construction purposes. To achieve this, lines and notes relative to proposed construction shall be of heavier line weight and larger size than lines and notes relating to existing facilities and topography. 2.4.10 Final plans shall be prepared in ink on double-mat mylar sheets of 3- or 4-mil thickness, or 22 lb. bond for computer drafted drawings. 2.4.11 in size. Sheets in the Plans set shall be 24 inches by 36 inches 2.4.12 The CITY shall meet the statutory requirements for plans filed for the public record. 2.4.13 A principal of the ENGINEER'S firm shall affix to the cover sheet of the construction plans his signature and registration number as a Professional Engineer in the State of Florida. 2.4.14 The preparation of construction plans includes their reproduction for bidding and construction purposes. 2.5 PREPARATION OF CONSTRUCTION SPECIFICATIONS The ENGINEER shall prepare supplements to the CITY'S Contract Specifications in accordance with the following requirements: 10/15/90 - 16 - , ; '. ' . King Engineering AsSOCiles, Inc. I 2.5.1 The ENGINEER shall provide the Scope of Work section of the Contract Specifications. 2.5.2 The ENGINEER shall provide the Proposal for the Contract specifications. 2.5.3 The ENGINEER shall provide a Soils Investigation Narrative Report for inclusion in the Contract Specifications. 2.5.4 The ENGINEER shall reproduce the Contract Specifications for bidding and construction purposes. 2.5.5 The ENGINEER shall utilize WordPerfect word processing software to prepare specification supplements. 2.5.6 The ENGINEER shall prepare specifications as necessary. supplements to the 2.6 RIGHT-OF-WAY 2.6.1 Existing and proposed right-of-way lines and easement lines shall be shown on the construction plans. The CITY shall supply existing available information about existing right-of-way. The ENGINEER shall identify necessary additional right-of-way, easements, or other land interests needed to construct and maintain the project. These additional land requirements shall be shown and detailed by stationing and dimensioning on the construction plans and on reproducible copy of the existing right-of-way map. 2.6.2 Easements for grading outside the right-of-way to conform to adj acent property to the proposed construction will be addressed by the ENGINEER as either necessary for construction, or as desirable for aesthetics. Field survey and preparation of these easements are included in this scope of services. 2.6.3 The ENGINEER shall coordinate with Pinellas County to determine right-of-way needs in unincorporated areas. 2.6.4 The ENGINEER shall provide professional title searches for parcels to be acquired by the CITY for right-of-way needs. 2.7 PERMITS 2.7.1 The ENGINEER shall utilize existing field data to develop three (3) alternate conceptual designs for crossing over Mullet Creek. The purpose of evaluating the alternate designs will be to address the various degrees of encroachment into Mullet Creek and its' associated floodplain wetlands. The ENGINEER and KEA environmental scientists will meet, both in the field and at agency offices, with appropriate representatives from the Florida Department of 10/15/90 - 17 - . . . r , King Engineering Associls, Inc. I Environmental Regulation (FDER), the Southwest Florida Water Management District (SWFWMD), and united States Army Corps of Engineers (USACOE) to discuss the alternate designs. The permitability of each design, and the likely mitigation ratios of each will be ascertained and summarized in a report to the City. The ENGINEER will meet with the City to assist in its determination of the preferred alternate with which to proceed into Preliminary Design. 2.7.2 The ENGINEER shall prepare access connection, drainage and utility construction permit applications, data and drawings required for submittal by the CITY to county, regional, state agencies and utility companies. For environmental permits these activities shall include: A. Field Data The ENGINEER will inspect the project limits for the occurrence of jurisdictional wetlands, including areas where wetland dredging and filling for road and/or drainage facility construction is proposed to occur. The jurisdictional wetland boundaries of each applicable regulatory agency - including but not limited to the USACOE and SWFWMD - and will be determined and flagged in the field using botanical, hydrological, and soils indicators, as appropriate. The existing FDER jurisdictional line will be reviewed and altered as necessary to reflect current conditions. Where advantageous the overall project schedule and/or budget, the jurisdictional boundaries of the various regulatory agencies will be consolidated and flagged in the field as a single wetland line for survey. In addition, environmental scientists will determine in the field three (3) normal pool/seasonal high water elevations in the Mullet Creek wetland system to be impacted by road and/or drainage facility construction. Following the field establishment of preliminary wetland boundaries and hydroperiod elevations, survey crews will field locate each flagged point and generate a preliminary wetland boundary and hydroperiod elevation survey. A PVC stake will be driven into the ground at each flagged point to clearly demarcate the wetland boundaries in the field. This is done to facilitate regulatory inspection and to prevent wetland encroachments during construction. 10/15/90 - 18 - , , King Engineering AsSOCiJes, Inc. I The ENGINEER and environmental scientists will coordinate and conduct field meetings with the applicable regulatory agencies, including USACOE and SWFWMD. During these field meetings, the ENGINEER will adjust any preliminary wetland boundaries and hydroperiod elevations, as necessary, and obtain verbal approval. Following agency inspections, a final survey will be produced for agency sign-offs, and for construction plan and permit application preparation. B. Permit Applications The ENGINEER will prepare permit application packages, including required exhibits, and supporting ecological and hydrological data, for submittal to the applicable regulatory agencies. Specific environmental permit applications will include a joint dredge and fill permit to the USACOE and FDER, and a surface water management permit/40D-4 and 40D-40 (per FS 373) applications to SWFWMD. c. Sufficiency Response The ENGINEER will respond to sufficiency comments generated by the respective regulatory agencies in their review of the permit application packages. KEA will provide necessary additions and/or revisions to the exhibits, data, and narratives previously submitted. D. Mitigation Plan The ENGINEER environmental scientists will negotiate and prepare mi tigation plans as necessary to achieve permit approval from each of the applicable regulatory agencies. If feasible, a single comprehensive mitigation plan will be prepared which satisfies the various mitigation requirements of the three regulatory agencies. An attempt will be made to achieve all mitigation requirements within the same drainage basin, and preferable adjacent to the approved roadway right- of-way, as appropriate. E. Permit Negotiations Following the issuance of the draft permits, the ENGINEER and KEA environmental scientists will negotiate with the respective regulatory agencies 10/15/90 - 19 - 1 J. ~- , ~ King Engineering AssocicLs, Inc. I as necessary to limit monitoring requirements and to eliminate other permit conditions which constitute an unnecessary hardship to the CITY. 2.7.3 The CITY shall pay all permit application fees 2.7.4 agencies. The ENGINEER shall provide certifications to regulatory 2.8 PRESENTATIONS AND PUBLIC MEETINGS Attendance at one city Commission and two other public meetings are included in the Project Scope. Meetings with CITY concerning design and plan preparation will be held when requested and are covered in sections 2.3 and 2.4. 2.9 PREPARATION OF UTILITY ADJUSTMENT PLANS AND COORDINATION WITH UTILITY SERVICES AND AFFECTED PUBLIC AGENCIES. 2.9.1. The requirements of the various utility services shall be recognized and coordinated with the project design. At the 40% and 70% reviews the ENGINEER will send blue line copies to the utility owners for "utility checks". The ENGINEER will place the information provided by the utilities onto the construction plans. 2.9.2 The ENGINEER shall provide such representation and technical assistance to the CITY to assist in their coordination and/or negotiation with utility owners or other public agencies affected by the project. 2.9.3 The ENGINEER shall design improvements and modifications to the CITY'S storm drainage system within the boundaries established in Section 1.2. 2.9.4 Drainage investigations and drainage design recommendations shall be coordinated with the CITY, County, State and drainage district that may be substantially affected by or have a substantial effect on the project. 2.9.5 Other utility adjustment design and plans shall be provided by the respective utility owners (Florida Power, General Telephone, etc.). 2.9.6 The ENGINEER shall design new CITY utilities upon request of the CITY. The new utilities include design of a watermain from Union Street to Marlo Blvd., and drafting a gas line from Union Street to the proposed junior high school. 2.10 CONSULTATION DURING CONSTRUCTION The construction phase begins with advertising for bids by the CITY. 10/15/90 - 20 - ., I.. ~ , : King Engineering AssociaLs, Inc. I During the construction phase of the project the ENGINEER shall perform the following services and/or activities: 2.10.1 Attend the pre-bid meeting and pre-construction conference; provide assistance in conducting the meetings; answering questions and providing necessary information. 2.10.2 Prepare addenda to construction plans and specifications on the project during the bidding time affecting the ENGINEER'S plans or specifications. 2.11 CONSTRUCTION STAKING The ENGINEER will provide alignment markers for horizontal control and benchmarks or elevations for vertical control. The number and extent of such markers will be designated to the CONTRACTOR by the ENGINEER prior to bid opening, upon request. It shall be the responsibility of the CONTRACTOR to check all stakes as set by the ENGINEER for possible error(s). The CONTRACTOR shall furnish, free of charge, all additional stakes, all templates and other materials necessary for marking and maintaining points and lines given. All monuments and other field markers consisting of railroad spikes, iron fence, concrete monuments and other markers, if disturbed by the CONTRACTOR will be replaced at our per diem rates. Also, if any benchmarks are destroyed by the CONTRACTOR they will be replaced at our per diem rates. 2.12 RESIDENT PROJECT REPRESENTATION 2.12.1 The ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other staff to assist ENGINEER in observing performance of the Work of the Contractor (Work). Through more extensive on-site observations of the Work in progress and field checks of materials and equipment by the RPR and assistants, the ENGINEER shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work; but, the furnishing of such services will not make the ENGINEER responsible for or give the ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for the Contractor's failure to perform the work in accordance with the Contract Documents. 2.12.2 The duties and responsibilities of the RPR are limited to those of the ENGINEER in the ENGINEER'S agreement with the CITY and in the construction Contract Documents, and are further limited and described as follows: 2.12.3 The RPR is the ENGINEER'S agent at the site, will act as directed by and under the supervision of the ENGINEER, and will confer with the ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with the ENGINEER and the Contractor keeping the CITY advised as necessary. RPR' s 10/15/90 - 21 - . King Engineering Associates, Inc. I dealings with subcontractors shall only be through or with the full knowledge and approval of the Contractor. The RPR shall generally communicate with the CITY with the knowledge of and under the direction of the ENGINEER. 2.12.4 Duties and Responsibilities of the RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by the Contractor and consult with the ENGINEER concerning acceptability. 2. Conferences and Meetinqs: Attend meetings with the Contractor, such as the pre-construction conference, progress meetings, and other project-related meetings. 3. Liaison: a. Serve as the ENGINEER'S liaison with the Contractor, working principally through the Contractor's superintendent and assist in understanding the intent of the Contract Documents; and assist the ENGINEER in serving as the CITY'S liaison with the Contractor when the Contractor's operations affect the CITY'S on-site operations. b. Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 4. Shop Drawinqs: a. Record date of receipt of Shop Drawings. 5. Review of Work: a. Conduct on-site observations of the Work in progress to assist the ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to the ENGINEER whenever the RPR believes that any Work does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. 6. Interpretation of Contract Documents: ENGINEER when clarifications and interpretations Documents are needed and transmit to the Contractor interpretations as issued by the ENGINEER. Report to the of the Contract clarifications and 10/15/90 - 22 - , T .. , : King Engineering AssociLs, Inc. I 2. Shall not undertake any of Contractor, subcontractors superintendent. the responsibilities of the or the Contractor's 3. Shall not advise on, issue directions relative to or assume 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 Documents. 4. Shall not advise on, issue directions or assume control over safety precautions and programs in connection with the Work. 5. Shall not accept Shop Drawings from anyone other than the Contractor. 2.13 ADDITIONAL SERVICES 2.13.1 When requested by the CITY the ENGINEER shall furnish services, such as design activities, and revisions to construction plans, that may result either from negotiations for required right-of- way or easements, or from the desires of affected property owners or other unforeseen circumstances such as the providing of expert testimony on matters of engineering design, interpretation of governing documents and design criteria relating to the project during the course of any and all litigation resulting from the execution of the project. 2.13.2 If required by environmental agencies, the ENGINEER shall design and prepare construction plans for a bridge crossing over the wetland area. 2.13.3 The ENGINEER shall provide a preliminary (Phase I) Environmental Assessment. The objective of this preliminary (Phase I) environmental assessment is to perform sufficient work to identify obvious actual or potential sources of contamination by hazardous substances associated with future right-of-way takings. Hazardous substances are as defined in 50 CFR, Part 300.60, National oil and Hazardous Substances Pollution Contingency Plan. This proposed preliminary environmental assessment specifically does not encompass an evaluation of on-site building materials such as asbestos or radon testing, nor does it include the sampling and testing of soil or groundwater. The ENGINEER will perform a search and review of pertinent available records, and consult with cognizant federal, state and local environmental regulatory agencies to determine if the subj ect property, or nearby properties, are included on any hazardous site lists. In addition to a review of regulatory agency records, the ENGINEER will review the available history of ownership and land usage records, if available; and interview property management, if possible, for consideration of past and present operational practices. Records 10/15/90 - 24 - . , ..- 1- ,II , ~ King Engineering AssocicLs, Inc. I reviewed during this effort may include the following depending upon availability from the CITY and/or other common sources. The ENGINEER will perform a vehicular or pedestrian inspection of the subject property and surrounding areas to determine the presence of obvious surface indications of present or past hazardous materials handling or storage activities which may pose a hazard to the subsurface environment. A final Environmental Assessment Report will be prepared by the ENGINEER. Included in this report will be a physical description of the subject property and a summary of observations made during the site and local area visit, findings from regulatory records searches, discoveries of any actual or potential environmental concerns, and if indicated, recommendations for further assessment work. 2.13.4 provisions of Attachment C. Compensation this Section for the services furnished 2.13 shall be as provided under the for under 3.0 CITY RESPONSIBILITIES The CITY shall provide the following for the ENGINEER'S use and guidance: 3.1 Copies of all maps, aerial photographs and other available information and data pertinent to the project design which the CITY may have in its possession. 3.2 Reproducibles of any CITY Engineering Department Standard Drawings applicable to the project. 3.3 Sample copies of standard contract specifications and related word-processing disks. documents and 3. 4 Acquisition of right-of-way and easements, construction easements, as required. including 3.5 Preparation of the legal (front end) section of the specifications. 3.6 The CITY shall pay all permit application and review fees. 4.0 SUBMITTALS The ENGINEER will conduct project plan reviews with the CITY at the completion of the project schematics, the forty percent (40%), seventy percent (70%) and one hundred percent (100%) completion stages. 10/15/90 - 25 - ....~..,. '. '*" , : King Engineering AssocicLs, Inc. I 4.1 FORTY PERCENT (40%) SUBMITTAL: 4.1.1 The ENGINEER shall submit to the CITY sets of blue-line prints for review purposes. 4.1.2 The plans shall depict existing topographical features, existing right-of-way and easement lines and preliminary proposed right-of-way lines, and shall contain the following: A. Plan and Profile Sheets. B. Existing project cross-section sheets. C. Drainage maps depicting existing drainage areas, existing drainage structures, existing flow patterns and proposed drainage patterns reflecting the pinellas County's Master Drainage Plan. 4.1.3 The following design features shall be developed: A. Typical Roadway Sections. B. Horizontal and Vertical Alignments. C. Representative Design Cross-Sections, including sections at locations of potential concern (such as possible encroachment beyond proposed right-of-way, or conflict with large trees, utility services, existing drainage structures) . D. Drainage Schemes including preliminary drainage calculations. 4.2 SEVENTY PERCENT (70%) SUBMITTAL: 4.2.1 The ENGINEER shall submit to the CITY sets of blue-line prints for review purposes. 4.2.2 The submittal shall reflect development of: A. Horizontal and Vertical Geometrics. B. Intersection Development Details. C. Design Cross Sections. D. Storm Drainage System. E. Drainage Structures and Drainage Outfalls, if necessary. 10/15/90 - 26 - " << ....,.; , ). King Engineering AssocicLs, Inc. I 4.2.2.1 The submittal shall include drainage calculations and storm sewer tabulation sheets as well as a map of the proposed Rights- of-Way and Easements. 4.2.3 Prior to the submittal of the seventy percent (70%) review, the ENGINEER shall furnish a report on utility conflicts and the extent to which they have been resolved. A second utility conference will be held at the seventy percent (70%) submittal point. 4.3 ONE HUNDRED PERCENT (100%) SUBMITTAL: 4.3.1 The ENGINEER shall submit the following to the CITY: A. Original Mylar Drawings of drainage maps and plan and profile sheets. B. Blue-line prints of the plans set. C. Copies of the technical specifications. D. An estimate of probable construction costs. E. Permit drawings, applications and supporting data. 4.3.2 Plans and technical specifications shall be ready for bidding. 4.4 SIGNING AND SEALING OF PLANS: Prior to the advertising for bids the ENGINEER shall sign and seal three (3) sets of prints and three (3) 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. Additionally, required addenda shall be signed, sealed and dated. 10/15/90 - 27 - " __A ~ T, King Engineering Associ1s, Inc. I ATTACHMENT C - COMPENSATION I. METHOD OF COMPENSATION A. Time Charges - The CITY agrees to compensate the ENGINEER for the professional services called for under Attachment B to this Agreement by the hours worked and the attached fee schedule as outlined in Table 1. Estimated costs for each of the work items follow in Exhibit 1. It is estimated that the cost for some work items may be less or greater than the estimate as long as the upset limit total including reimbursable costs shown for the entire work effort is not exceeded. B. Additional Services - Services authorized by the CITY other than those specifically listed in the Scope of Services shall be considered additional services for which the CITY shall compensate the ENGINEER as provided for herein. Additional services shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the ENGINEER, or a change in the scope or concept of the project initiated by the CITY, and/or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. C. Out-of-Pocket (Reimbursable Expenses) - The CITY shall reimburse the ENGINEER for all out-of-pocket expenses directly chargeable to the services provided at the actual cost incurred. Such charges shall be itemized and included in the monthly invoices and shall be submitted and paid as provided for such invoices. Typical reimbursable expenses include long distance phone charges, meals and travel expenses when traveling on the CITY's behalf, computer time charges, and identifiable reproduction costs. II. INVOICING PROCEDURE A. The ENGINEER shall submit invoices and progress reports to the CITY for work accomplished during each calendar month; the amount of each monthly invoice shall be based on time charges/out-of-pocket expenses for the work accomplished during the invoicing period. The ENGINEER is employing professional subcontractors on this proj ect. The CITY shall reimburse the ENGINEER for the cost of subcontracts. Such invoices shall be submitted by the ENGINEER as seen as possible after the end of the month in which the work was accomplished and shall be due and payable by the CITY within thirty (30) days. 10/15/90 - 28 - .. .-:-'.. ;'~:I King Engineering AsSOCiles, Inc. I B. If the ENGINEER employs legal services to collect overdue amounts, the CITY agrees to pay all costs of collection, including reasonable attorney's fee, whether action be brought or not. III. MISCELLANEOUS A. Fee Renegotiation - The ENGINEER's fee presented in this proposal is based on a continuity of those development stages presented, design or construction phasing shall cause the fees presented herein to be subject to renegotiation. If the ENGINEER's design or construction services continue beyond January 1, 1992, the fees contained in Exhibit 1 of this Attachment shall be subject to renegotiation; any change in such fees shall apply only to the unfinished service as of the effective date of such change. B. Regulatory Constraints - The CITY understands and agrees that should the CITY direct the ENGINEER to perform a portion of the work prior to receiving the necessary approval from the applicable regulatory agency, and regulatory agency approvals, when granted, require changes to said work, such changes shall be considered as "Additional Services" and the ENGINEER will be compensated for the "Additional Services" in accordance with Paragraph 1.B above. C. Rules, Regulations, Ordinances - The CITY understands and agrees that the work outlined in Section I of Attachment B, Basic Services, and the fees outlined in section I of Attachment C, Compensation, are based on the ENGINEER's performing the services in accordance with the existing local, County, State, and Federal rules, regulations and ordinance in effect at the time of execution of this Agreement and that should any changes to such rules, regulations and ordinance be made, the ENGINEER will be compensated for any "Additional Services" necessitated by such changes in accordance with Paragraph 1. B above. 10/15/90 - 29 - "'~A ,~c~\ King Engineering Associ1s, Inc. TABLE 1 FEE SCHEDULE I Job Classification Principal Sr. Project Manager Project Manager Project Engineer Transportation Planner Construction Manager Field Representative Designer Technician Drafter Water Resources Director Senior Environmental Scientist Environmental Scientist Survey Manager Land Surveyor Survey Technician Autocad Technician Survey Crew (3 man) Word Processor 10/15/90 Rate ($/Hour) $95.00 85.00 75.00 59.00 55.00 53.00 47.00 47.00 38.00 30.00 95.00 70.00 55.00 60.00 50.00 45.00 35.00 78.00 25.00 (1-". .' ;;.;.." :fl'KI~9 Engineering Associ1s, Inc. , , 0:: .~ 0:: => ..... 0 :> ... "" '" "" ~ ""' ... "" 0.. ..: ... ~ ~ ~~ .... ..... x: ..., z .~ '-' ..... ..... -=> "" a- .... .... :c V> x: V> .... '-' z V> .... ... -c " " " " ,.. II 0... 1.4. o 0 :> '-' "" II Ul ~ u <=> U'l ~ ,~ z "" .... ~ ~ .... " "" ~~~ :> .... .. "" "" => u.., V> - _ :z: "" .... .... :z: '-" '-' "" a- "" "" V> :c w'-' "" .... .... " - "" .... ,~ QQ U1 E II .... u.I ...... :.-- :c~~ " "" :z: u => .... 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