LANDMARK DRIVE AGREEMENT AND SCOPE OF SERVICES
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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
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2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
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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
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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
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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.
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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.
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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).
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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
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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.
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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.
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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
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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
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For
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Date
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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.
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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
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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.
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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:
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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.
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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
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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:
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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"'~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
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