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WORK ORDER INITIATION STEVENSON CREEK WATERSHED MANAGEMENT I I CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Date: February 2, 2000 Project Number City Project Number: S TV - 0 2 0 ~ 00 1. PROJECT TITLE: Stevenson Creek Watershed Management Plan 2. SCOPE OF SERVICES: Attached is a copy of the scope of services. 3. PROJECT GOALS: Develop a Management Plan for the Stevenson Creek watershed to be used as a tool to detennine existing watershed conditions and recommend improvements for flood protection. natural systems, habitat, water quality, erosion control, public awareness and involvement, regulatory controL and capital improvements. 4. BUDGET: A maximwn fee of $ 599.621.87 has been established. Expense Code: 3 7 5 - 9 6 I 2 9 - 5 6 I 2 0 0 - 5 3 9 - 000 5. SCHEDULE: Work to be completed within 580 days of issuance of Notice to Proceed 6. STAFF ASSIGNMENT: Dikran KaIaydjan, P.E. Project Manager Mike Taylor, P.E. Hydrologic & Hydraulic Modeling 7. CORRESPONDENCFJREPORTING PROCEDURES: AIl Parsons Engineering Science Correspondence will be directed to Mr. Elliot Shoberg. AIl City of Clearwater Correspondence will be directed to Dikran Kalaydjan, P.E. 8. INVOICE FUNDING PROCEDURES: The budget for the project is $ 599.621.87 based on a "Iwnp swn" fee as described in the Scope of Services. City invoicing code # 9. SPECIAL CONCIDERATIONS: The Public Works Department will direct the project Elliot Shoberg will be the project coordinator for the city of Cleanvater. 10. PROJECT COMPLETION REPORT: The project will be completed within 580 days form issuance of the Notice to Proceed. PREPAREDBY~~ _ PanonsEn f"!"' ~ier-e~ APPROVED BY: ~~fl- City of Clearwater /' ~14:re ? --J>~ Date t:IJ C2 ////?~(),) 0) I I SCOPE OF SERVICES STEVENSON CREEK WATERSHED MANAGEMENT PLAN I I TABLE OF CONTENTS SECTION PAGE SECTION 1 SCOPE OF PROJECT.. ......... .............................. ..... .......................... 2 1.1 INTENT OF THIS AGREEMENT ................................................. 2 1.2 PROJECT OBJECTIVES ........ .... ............ ........... ............ ... ........... 2 1.3 LIMITS OF WORK.................................................................... 4 1.4 KEY PERSONNEL. ........ ........ ..................... ........ ....... ............... 4 SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT .................................5 2.1 PROJECT MANAGEMENT AND COORDINATION ......................... 5 2.2 INFORMATION COLLECTION AND MANAGEMENT.................... 6 2.3 FIELD WORK AND DATA ANALYSIS ......................................... 8 2.4 WATERSHED MODELING (COMPUTER MODELING)................... 13 2.5 IDENTIFICATION OF PROBLEMS AND PROPOSED SOLUTIONS ...16 2.6 EVALUATION OF POTENTIAL SOLUTIONS ...............................18 2.7 COORDINATION WITH PERMITIlNG AGENCIES ........................20 2.8 PRESENTATIONS, PUBLIC MEETINGS AND TECHNICAL LWSON20 SECTION 3 SUBMITI AI..S .. ........ ......... ..................... ........ ......... ................ .......23 3.1 SUBMITIAL REQUIREMENTS (GENERAL).................................23 3.2 SUBMITTAL REQUIREMENTS (MANAGEMENT PLAN)................23 3.3 LIST OF DELIVERABLES ............. ........... ....... .............. ....... .....24 SECTION 4 IMPLEMENTATION................. ................................ ........... ...........26 SECTION 5 SERVICES TO BE PROVIDED BY THE CITY ......................................27 SECTION 6 PROGRESS REPORTS..................................................................... 28 SECTION 7 COMPENSATION TO THE CONSULTANT .........................................29 SECTION 8 SCHEDULE OF PAYMENTS ............................................................31 SECTION 9 PERIOD OF SERVICE..................................................................... 32 SECTION 10 INSURANCE REQUIREMENTS......................................................... 33 SECTION 11 REQUIRED STATEMENTS............................................................... 35 SECTION 12 TERMINATION.............................................................................. 36 SECTION 13 SUSPENSION, CANCELLATION OR ABANDONMENT.........................37 SECTION 14 EXTENT OF AGREEMENT .......... ..... .......... .... ...... ......... .......... ... ..... 38 1 1 I AGREEMENT FOR CONSULTANT SERVICES FOR THE DEVELOPMENT AND IMPLEMENTATION OF A WATERSHED MANAGEMENT PLAN FOR THE STEVENSON CREEK WATERSHED This AGREEMENT, made and entered into this ~' J.I day of ~ ' 2000, by and between the City of Clearwater, Florida, hereinafter referred to as the CITY, and Parsons Engineering Science, Inc., with offices in Tampa, hereinafter referred to as the "CONSULTANT'. WITNESSETH, That WHEREAS, the Stevenson Creek Watershed, lying in the City of Clearwater, the City of Dunedin, the City of Largo, and Pinellas County hereinafter referred to as the "W ATERSHED", encompasses approximately six thousand (6,000) acres; and WHEREAS, the CITY and the Southwest Florida Water Management District have entered into an Agreement for the development and implementation of a Watershed Management Plan hereinafter referred to as the MANAGEMENT PLAN to the extent of jointly funding an engineering study of the WATERSHED; and WHEREAS, the CITY desires to engage the CONSULTANT to provide professional engineering and environmental services in accordance with this agreement; and WHEREAS, the CONSULT ANT has expressed the willingness and ability to provide such services in accordance with the Agreement; NOW THEREFORE, the CONSULTANT and the CITY, in consideration of the mutual covenants hereinafter set forth, agree as follows: 2 r.KJ 1 I SECTION 1 SCOPE OF PROJECT 1.1 INTENT OF TIllS AGREEMENT This project is being developed in accordance with the Cooperative Agreement between the Southwest Florida Water Management District and the City of Clearwater for the Development and Implementation of a Watershed Management Plan for the Stevenson Creek Watershed, hereinafter referred to as the MANAGEMENT PLAN, and the management needs of each party. In accordance with the following sections, it is the intent of the CITY to contract the services of the CONSULTANT to provide professional engineering, land surveying, biological, environmental and planning aspects in developing the MANAGEMENT PLAN. The CONSULTANT, by executing this Agreement, acknowledges familiarization with the project and SCOPE OF SERVICES and accepts the responsibility to provide a product that is complete in every respect and which fulfills the intent of this agreement, whether or not all items of work are specifically included herein. 1.2 PROJECT OBJECTIVES The primary objective of the project will be to develop a MANAGEMENT PLAN for the Stevenson Creek basin, which encompasses approximately 6000 acres in central Pinellas County. The MANAGEMENT PLAN will be used as a tool in the planning, regulation and management of Stevenson Creek for future development and as a basis for determining and prioritizing capital improvements by SWFWMD, and the City of Clearwater, hereinafter referred to as the TEAM. This objective will be met in part, by conducting an analysis of the watershed in order to characterize the existing watershed conditions and recommend improvements for flood protection, natural systems, habitat, water quality, erosion control, public awareness and involvement, regulatory control, and capital improvements. The second objective is to coordinate the development of the MANAGEMENT PLAN for the freshwater portion of the basin with limited evaluation of the estuarine saltwater portion of the basin, to be performed in conjunction with the U.S. Army Corps of Engineers as the lead agency, as may be required. The project will be conducted in two phases: (1) Planning and (2) Implementation. 1.2.1 Planning Phase The MANAGEMENT PLAN is intended to evaluate the Stevenson Creek Watershed, identify problems requiring management of resources, and recommend solutions affecting water quantity and quality, and natural resources. At a minimum, the MANAGEMENT PLAN will address localized flooding situations to be defined herein, erosion, sedimentation, and stormwater pollution. The Planning Phase will include the initial 3 P" ) I collection of design, water quality and sediment data, the diagnostic evaluation of the Stevenson Creek Watershed, the use of an appropriate hydraulic/hydrologic model that is approved by National Flood Insurance Program and the TEAM, and the development of a watershed management plan that provides recommendations for site-specific physical improvements. A spreadsheet pollutant loading model will also be developed for evaluating existing surface water quality and improvements anticipated as a result of implementing the MANAGEMENT PLAN. The Planning Phase will also include the conceptual design necessary to determine permit and construction feasibility and cost effectiveness. At the end of the Planning Phase there will be an assessment meeting of the TEAM at the close of which a decision will be made on whether the work should proceed into the Implementation Phase. 1.2.2 Implementation Phase The Implementation Phase will include the final design and permitting of one or more of the PROJECT(S) recommended in the MANAGEMENT PLAN, and the bid advertisement, award, and construction of that PROJECT(S). Description of the implementation phase is NOT a part of this Agreement. 1.3 LIMITS OF WORK 1.3.1 The MANAGEMENT PLAN limits shall encompass all areas for the improvements described herein and shall extend, laterally and linearly, to those boundaries delineated as the Stevenson Creek watershed required, except that area within the City of Dunedin north of Union Street, and shall comprise a total area of approximately 4765 acres. The MANAGEMENT PLAN will be developed only for the freshwater reaches of the basin and SHALL NOT include the reaches within the City of Dunedin. Sediment sampling will be conducted in the estuary. 1.3.2 It is desirable that proposed improvements be contained within the limits of existing publicly owned lands, rights-of-way, or easements where practical and feasible. 1.4 KEY PERSONNEL 1.4.1 The CITY reserves the right to approve/disapprove for whatsoever reason all personnel assigned to this project by the CONSULTANT. The individual(s) named in Schedule 1 and/or such other individuals who are to be assigned to work under this contract are necessary for the successful performance of this contract. The CONSULT ANT agrees that whenever for any reason, one or more of the aforementioned individuals are unavailable for performance under this contract, the CONSULTANT shall replace such individual(s) with an individual(s) of substantially equal abilities and qualifications, subject to approval by the CITY. 1.4.2 The CONSULTANT shall submit to the CITY a resume giving the full name, title, qualifications, and experience, for all successors and/or new persons prior to assignment of such personnel to perform work under this contract. Should the CITY decide the successor personnel does not meet the qualifications of the replaced personnel, or in the case of new 4 IA '1 I personnel, the CITY determines they are not qualified to perform the work assigned, the CITY will advise,the CONSULTANT accordingly. The CONSULTANT shall then submit name(s) and qualifications of an individual(s) to the CITY until a determination is made by the CITY that the replacement individual(s) has substantially equal abilities and qualifications of the individual(s) named herein. 1.4.3 The CITY and SWFWMD shall each designate a single Project Representative, hereinafter referred to as PROJECT REPRESENT A TIVE, who will serve as a liaison on all matters related to the development of this MANAGEMENT PLAN. The designated Project Manager shall serve as the PROJECT REPRESENTATIVE for the CONSULTANT. The CONSULTANT, in recognition of the existing Cooperative Agreement, will simultaneously copy project correspondence to the PROJECT REPRESENTATIVES. 1.4.4 The CITY and the SWFWMD may appoint representatives from the public community to serve on the project technical review team for purposes of public input into development of the MANAGEMENT PLAN and the CONSULTANT shall copy project correspondence to those representatives. It is anticipated that up to ten (10) representatives may be allowed. 5 (P I I SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT 2.1 PROJECT MANAGEMENT AND COORDINATION 2.1.1 Work Program Coordination The CONSULTANT must coordinate work activities with the CITY, PROJECT REPRESENTATIVE(s), other involved State agencies, municipalities, and other vendors. The CONSULT ANT shall submit a Project Work Plan procedure outlining coordination activities. The CITY shall, however, be the primary contact. The Project Work Plan will include the following elements: a. Scope of Services b. Proj ect Schedule c. Project Budget d. Coordination Procedures e. Reporting Procedures f. Documentation Procedures f. Technical Quality Control Procedures 2.1.2 Project Coordination The CONSULT ANT shall designate in writing to the CITY its Project Manager and those project representatives who will be involved in the essential portions of the project. The CONSULTANT will schedule an initial joint coordination meeting (kick-off meeting) within one week of issuance of Notice to Proceed. At a minimum, bi-monthly technical coordination meetings shall be held. 2.1.3 Progress Reports Progress Reports shall be submitted as specified in Section 6. 2.2 INFORMATION COLLECTION AND MANAGEMENT 2.2.1 Literature Search The CONSULTANT will perform a literature search to review and assimilate available information pertinent to the study area under four major categories; flood protection, water and sediment quality, natural resources and drainage problems. This will include, but not 6 ,11() I I be limited to, a review of the following information that is available from the CITY, Pinellas County, Dunedin, Largo, the Southwest Florida Water Management District (SWFWMD), the Florida Department of Environmental Protection (FDEP), the Florida Department of Transportation, the U.S. Army Corps of Engineers, the U.S. Geological Survey (USGS), the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), the U.S. Environmental Protection Agency (USEPA) and the Tampa Bay Regional Planning Council (TBRPC)~ a. Existing reports relative to the study area. b. Hydrologic, meteorological, and tidal records. c. City Stormwater Atlas Sheets, and Summary Report for Stevenson Creek prepared by W. K. Daugherty (1988). d. Existing drainage and stormwater management systems within the study area. e. Aerial photography of the study area available from Pinellas County (1994). f Documentation of significant flood events and the designated 25- and 100-year frequency floodplains. The verification and calibration for computer modeling will require an investigation of past events that have existing documentation (e.g. rainfall data, flood marks, and streamflow records). g. Present and projected land use within the study area including the land use elements of the City of Clearwater, Dunedin, and Pinellas County Comprehensive Plans, and major developments that have been approved within the study area. h. Drainage maps for City, County and State roads with the study area. 1. Surface water quality and sediment data. J. Ecological studies. k. Soils and geotechnical information required to identify soils related problems using USGS hydrologic maps, soil survey maps, and Soil Conservation Service publications. 1. Point source discharges in the watershed. m. NPDES Permits. n. SWFWMD ERP and MSSW permits for stormwater management facilities. o. Record drawings for constructed stormwater management facilities. 2.2.2 Evaluate and Define Deficiencies of Existing Data 7 M I I Existing available data shall be evaluated by the CONSULT ANT to identify any missing data that are necessary to the study. Additionally, conflicting data will be identified. Missing or conflicting data will be evaluated to determine the appropriate method of obtaining the needed data or resolving conflicts. Data evaluation will include numerous pieces of information that will be grouped in the four general categories of interest for this study: drainage problems, flood protection, water and sediment quality, and natural resources. Furthermore, the data will be analyzed in terms of their utilization in this study. This information will be provided to the CITY in a letter report. 2.3 FIELD WORK AND DAT A ANALYSIS 2.3.1 Field Work CONSULT ANT shall conduct field investigations of the drainage ways and tributaries and of existing drainage and stormwater management systems to verify stormwater atlas sheets meet the specific needs of the hydrologic and hydraulic models and for subbasin delineation clarification. Field reconnaissance shall be completed to ascertain the present condition of streams and drainage structures. Reconnaissance shall include meetings with City and County maintenance personnel to acquire knowledge of drainage systems and maintenance practices and problems. CONSULTANT shall provide written and/or photographic documentation of all open waterways, including structures. Structure numbering will be consistent with the labeling system chosen for modeling. Field documentation will point out specific problem areas and also note other pertinent factors such as areas subject to erosion, sedimentation, high velocity reaches, environmentally sensitive areas, and features affecting modeling. 2.3.2 Biological Resources CONSULTANT shall conduct an evaluation of biological resources that will begin with analysis of such information from high resolution vertical aerial photographs, National wetland inventory maps, and the Soil Survey of Pinellas County. Vegetative communities will be marked on the maps, using the preliminary mapping as a guide, and each upland and wetland community will be assigned a numerical designation. A 'Habitat Inventory' form suitable for input to the GIS for the basin shall be used which limits the attribute data to a general determination whether the system may be ranked as pristine, low impact, medium impact or high impact. Boundaries of the vegetative communities, including wetland boundaries, will be approximated based on aerial photos and limited field verification. No wetland jurisdictional delineation will be conducted. Vegetative communities will be estimated in conformance with the Florida Land Use Cover and Forms Classification System (FOOT, 1985), as appropriate. 2.3.3 Water and Sediment Quality Analysis 8 po I I 2.3.3.1 The CONSULTANT shall install, maintain, and operate two (2) automatic streamflow and water quality sampling stations within the study area at agreed upon locations near the mouths of Stevenson Creek and Spring Branch, before they discharge to the estuarine saltwater part of the basin, during the period of study. Each installation shall consist of an ISCO automatic sampler, water level recorder, and a recording precipitation gage. The stage, rainfall, and flow monitoring data shall serve as the basis for calibration and verification of the hydrologic and hydraulic models of the watershed. A streamflow rating curve shall be developed for each of the sites by obtaining a minimum of ten (10) separate flow measurements using a flow velocity meter. Additional rainfall data will be provided by the CITY from its other stations located near or within the study area. The two sampling stations shall be installed at the freshwater flow monitoring locations near the mouths of Stevenson Creek and Spring Branch. Flow-weighted composite samples will be collected for up to ten (10) separate storm events and six (6) ambient (baseflow) events during the period of study at each of the sampling stations and analyzed for the following water quality constituents: . Total Suspended Solids . Total Dissolved Solids . Biochemical Oxygen Demand . Chemical Oxygen Demand . Total Organic Carbon . Nitrogen (NH3, TKN, N02/N03) . Phosphorus (Total P, Ortho-P) . Oil and Grease . Total Petroleum Hydrocarbons . Total Hardness . Metals (Aluminum, Arsenic, Cadmium, Chromium, Zinc, Nickel, Copper, and Lead) . Fecal coliforms/ ABA 2.3.3.2 The CONSULTANT shall conduct a sediment sampling program designed to investigate the sources of sediments in the Stevenson Creek estuarine basin. The water and sediment quality sampling program will allow for a more accurate interpretation of the existing conditions within the watershed. It will focus on the identification, qualification and quantification of sources of sediment in the lower estuary, determine deposition rates, establish flowffSS relationships (if any), and provide the basis for evaluation of the effectiveness of proposed measures to control the sources of sediment prior to delivery into the lower estuary. The sources to be considered are marine sources, freshwater flows (stormwater and/or baseflow), and the Marshall Street WWTP. The sediment sampling program shall consist of the following: 9 fIj I I (a) Sediment cores will be taken at eight (8) locations throughout the estuarine basin. Three will be located in the western basin ((between U.S. Alt. 19 and Pinellas Trail) and are expected to collect sediment from the top 2 meters. Three will be in the eastern basin (between Pinellas Trail and Douglas Ave.) and the sediment core will collected from the top 1.5 meters of sediment. The remaining two samples will be taken in upstream sedimentary basins in each of the Stevenson Creek main branch and Spring Branch.nCores will be preserved for subsampling. Recommended locations for core sampling sites will be presented following the completion of historical data review and inspection of the study area. Selection of sampling locations will also be coordinated with the sampling program activities of the U.S. Army Corps of Engineers to provide a consistent set of data for the estuarine basin. (b) Each core will be profiled using radioisotropic dating. This will involve the subsampling of each core at one centimeter intervals until the cesium horizon is located and at 10 cm intervals thereafter to determine pre-1960 profiles. (c) Core samples shall also be analyzed for beryllium to establish bioturbation effects. If bioturbation is prevalent, subsequent tests may not produce reliable or conclusive results and will not be conducted. Additional cores may be recommended based on the results of the first series of analyses. If the beryllium profile indicates that the sedimentary layers are stable, the upper layers of the core samples (pre- and post-WWTP) will be analyzed for Coprostonol, carbon isotopes, and metals. The depths of these subsamples will be determined based on critical dates related to development in the watershed and WWTP upgrades. (d) The sediments from the upstream sites will be analyzed similarly to provide insights into the composition of sedimentary source materials. (e) The data will be analyzed in concert with all known historical facts relevant to the watershed and its development in order to produce estimates of historical sedimentary deposition rates and sources. Historical data for the watershed and data from other sources will be utilized to further support the analysis of conditions in the watershed. 2.3.3.3 The CONSULTANT shall evaluate existing water quality, sediment, flow and pollutant loading data and make recommendations for additional monitoring that may be required to adequately determine sources of pollution, and pollutant load "hot spots" in the watershed. The need to conduct any additional water quality sampling will be evaluated and recommendations provided to the PROJECT REPRESENTATIVES. The cost for additional monitoring is not part of this scope. 2.3.3.4 The CONSULTANT shall utilize existing and ongoing water quality studies to identify specific water quality problems that can be targeted for remedial action. Pollutant loading rates for specific land uses and pollutant removal efficiencies for typical stormwater treatment systems shall be considered in the assessment based 10 IX) I I upon existing water quality data for the watershed, water quality sampling data collected in Subtask 2.3.3.1, and existing literature values. Average annual pollutant loadings shall be calculated for existing land use conditions in the basin. Calculations shall take into account known existing point source discharge loadings, baseflows, stormwater pollutant loadings, and the pollutant removal efficiencies of existing stormwater treatment facilities. The following approach shall be utilized in the development of the water quality analysis: Compilation of the Watershed Map. The CITY shall provide the AutoCad or Arclnfo maps developed for the area encompassing the study area and CONSULTANT will be responsible for aggregating the data for each level of analysis. Land Use Data by Catchment. Catchments shall be defined as the small hydrologic units used as the basis for the hydrologic/hydraulic models. CONSULTANT will conduct the Arclnfo intersection analysis by catchment using the SWFWMD FLUCCS maps. Assessment of Current Stormwater Treatment Capabilities. By reviewing aerial photographic mapping provided by the CITY and conducting a limited number of field visits, CONSULT ANT will identify all treatment facilities in the watershed as well as their location by catchment. CONSULT ANT shall obtain SWFWMD GIS coverages of all MSSW and ERP permitted stormwater management facilities and obtain record drawings of these facilities to define the type of stormwater treatment provided and the contributing drainage area. Subsequently, the pollutant removal capacity of those facilities will be estimated based on literature review. For that purpose, information will be obtained primarily from SWFWMD. Pollutants considered will include those in the NPDES permit (pinellas County and/or City of Clearwater) for stormwater discharges. The pollutant removal processes that take place in the watershed's lakes and wetlands will be considered separately from the removal in stormwater treatment units. Development of Pollutant Loading Model. The model will be spreadsheet-based and will include the following: (1) Land use distribution by catchment. (2) Point source pollutant loadings. (3) Baseflow pollutant loads. (4) Stormwater pollutant loads based on event mean concentrations. (5) Removal capabilities of proposed stormwater treatment facilities. (6) Loads by pollutant and by catchment, subbasin, and basin. 2.3.3.5 The CONSULTANT shall identify and evaluate impacts of potential solutions within the three (3) major subwatershed branches of the Stevenson Creek watershed, including the main Stevenson Creek channel, the Highlands Avenue 11 IiJ I 1 branch, and the Spring Branch. This assessment shall consider the average annual pollutant load from each branch to determine relative contributions to the lower estuary for determination of the most cost-effective resolution of water quality problems. 2.3.3.6 The CONSULTANT shall make recommendations for ongoing monitoring to demonstrate improvements to water quality brought about by implementation of the recommended MANAGEMENT PLAN and PROJECT(S). 2.3.4 Land Use Inventory The CONSULT ANT shall inventory existing land uses as shown on pertinent land use plans for use in developing data for the stormwater model. The CONSULTANT shall summarize existing land use plans and policies developed by Clearwater, Dunedin, Pinellas County, and regional planning agencies to gauge future development potential. 2.3.5 Survey, Geologic, and Topographic Base Data Maximum use will be made of data found from existing sources. All surveying shall be performed under the direction and control of a Florida Registered Professional Land Surveyor. The CITY and SWFWMD shall approve the survey plan prepared by the CONSULT ANT. The CONSULT ANT shall provide surveying as follows: a. Topographical survey services necessary for determining water surface profiles, aerial extent of existing flooding, and conceptual design of channel improvements and related drainage structures, including any required mitigation area(s) and/or stormwater treatment facilities related to the MANAGEMENT PLAN. b. The CONSULT ANT shall record survey data in acceptable field books with copies of all survey notes delivered to the CITY upon completion of all surveying. c. The CONSULT ANT may elect to use data collectors and magnetic files in place of written notes or a combination of the two. If so, the CONSULTANT shall provide a copy of the information in digital form. d. The CONSULTANT shall use aerial photography, as provided by the CITY, as part of the topographic survey requirements. The use of photography does not relieve the CONSULT ANT from field locating any topographic features that may be obscured from the image. e. The CONSULT ANT shall be responsible for any additional land survey such as stream cross-sections, horizontal and vertical control and other tasks that may be required to meet the considerations of the MANAGEMENT PLAN. 12 t:IJ I 1 h. The CONSULTANT shall provide on 1" = 200' aerial maps and digital format: 1 . Main basin boundaries. 2. Subbasin boundaries. 3. Subbasin number (from model). 4. Node and reach number (from model). 5. Stream channel cross-section location and number and centerline stationing along each of the main channels, tributaries and open ditches. 6. Proposed channel improvement locations. 7. Existing channel right-of-way and right-of-way width needed for any proposed improvements. 8. Storage areas. 9. Structure numbers. 10. 25- and 100-year frequency, 24-hour duration flood boundaries. 11. All elevations shall be NGVD. 1. The CONSULT ANT shall also provide flood profiles showing all drainage structures located within the primary and secondary systems of Stevenson Creek. The CONSULTANT shall identify locations, sizes, dimensions with invert elevations for drainage structures, in the existing and proposed conditions. This information shall be provided on 24"x36" drawings and shall include the following: 1. Flood profiles will be plotted for the 2.33-, 10-,25-, and lOO-year flood events. 2. Establish baseline of survey utilizing existing control points and newly established positions by GPS and/or conventional surveying procedures. 3. Establish vertical controls via published benchmarks. 4. Obtain cross sections on the main channel(s) of Stevenson Creek, tributaries and open ditches where needed. 5. Obtain cross section and/or profile of all intersecting cross ditches, swales, canals, etc., as observed in the field. 6. Locate horizontally and vertically the primary and secondary system structures within the Stevenson Creek primary channels and main tributaries. Structures shall include storm sewers, flood control structures, bridges, exposed utility crossings, etc. 13 pll I I 7. Right-of-way services shall include obtaining existing property appraisal maps, subdivision plats, etc., and preparing a composite drawing showing the existing right-of-ways and easements. 8. All data will be supplied in digital format for GIS. The CONSULTANT shall provide paper and electronic deliverables of aerial maps and flood profiles as described. All drawings shall be signed and sealed by an engineer registered in the State of Florida. 2.3.6 Geographic Information System (GIS) Database The MANAGEMENT PLAN shall include GIS representations, if applicable, in ArcInfo format detailing: a. water quality b. stream conditions (erosion, hardening, sedimentation) c. survey data (topography, channel cross sections, structure elevations, etc.) d. basin characteristics (SCS soil types, impervious surface area) e. land use and cover type information for existing and future conditions f areas of conceptual improvement g. areas to purchase property h. areas to construct water quality treatment and flood attenuation ponds 1. areas to construct channel improvements and drainage structure replacements J. areas for planting and other ecological restorations k. other areas as applicable to support the MANAGEMENT PLAN 1. 100-year floodplain boundaries for existing land uses, superimposed on I" = 200' aerial photographs The CONSULTANT shall provide a user's manual and disk, and instruction sufficient to enable the CITY and PROJECT REPRESENTATIVES to read, manipulate and edit the data set. The CONSULTANT shall provide hands-on training sessions (a total of 16 hours) at the completion of the project on the use of the delivered product data sets. These training sessions will be formatted on the assumption that the attendees have a working knowledge of ArcInfo. 14 JIJ I I The CONSULTANT shall use the most current MAPPING AND GEOGRAPIDC INFORMATION SYSTEM, STANDARDS AND CONVENTIONS, FINAL REPORT prepared by the SWFWMD in the development of the GIS. 2.4 WATERSHED MODELING (COMPUTER MODELING) The objective of this task is to simulate existing conditions in the WATERSHED to provide baseline data for evaluating the existing storm water management facilities in addition to evaluating the effectiveness of proposed improvements on water quantity. An appropriate model will be selected for the project that will meet the Southwest Florida Water Management District, City of Clearwater, and the National Flood Insurance Program standards. 2.4.1 Modeling for flooding condition simulations will be accomplished for the 2.33-, 10-, 25-, 50-, and 1 DO-year frequency, 24-hour duration storms. 2.4.2 The model will be used to analyze the processes associated with flood control. The system will include the development of the runoff hydro graphs and the routing of the hydrographs through the creek and the stormwater conveyance structures. The applicable Levels of Service for flood control will be established by the TEAM. The model will be calibrated and verified using data collected by the streamflow and precipitation gaging stations to be installed by the CONSULTANT to collect flow and stage data, as described in Subtask 2.3 .3.1. Existing data may be used to verify the model. 2.4.3 Modeling will be accomplished for existing land uses using the Florida Land Use and Land Classification System (FLUCCS). The CONSULT ANT will use a GIS approach by which the land use data will be integrated with the hydrologic/hydraulic and water quality data in an ArcInfo format. 2.4.4 The CONSULTANT shall provide a narrative and disk for the modeling effort and provide documentation of all raw data used in determining input values. Documentation of this work effort shall include, but not be limited to, the graphical and tabular presentation of all calibration comparisons and description of the design storm process along with tabular descriptions of modeling input and output, including peak flows and stages. The CONSULTANT will prepare an interim report describing the modeling effort and provide documentation of all raw data used in determining input values. The values selected for the models will be reported along with comparisons of predicted and observed data for the calibration period(s). Discrepancies between model predictions and measured data will be evaluated. 2.4.5 Upon completion of the model application, the project team will provide training (16 hours of hands-on training) in the use of the various model components. Training will be coordinated with the CITY upon completion of the watershed modeling effort. 2.4.6. The CONSULTANT will prepare documentation to support a request to revise portions of National Flood Insurance Program Flood Insurance data along Stevenson Creek. Panel 15 {lJ I I Numbers 125096 00080, 00090, 00150, and 00160, all dated August 19, 1991 and the associated Flood Insurance Study may be affected by the request for a revision. CONSULT ANT will use the following for guidance in preparing appropriate documentation: (a) The National Flood Insurance Program Regulations (44 CFR Chapter 1, Parts 59 through 77) (b) The document entitled 'Guidelines and Specifications for Study Contractors (FEMA 37)' dated January 1995. (c) The document entitled 'Revisions to National Flood Insurance Program Maps (OMB Number 3067-0148)', which expires April 30, 2001. The CONSULT ANT will generate documentation by recasting data in the MANAGEMENT PLAN. Additional analyses will not be performed for the preparation of documentation. More specifically: (a) The documentation will be based on existing conditions. The results of future and on-going projects will not be shown in the revision. (b) The existing conditions analyses will be generated with the AdICPR version 2.1.12 model, or more current version. (c) Flood hazard boundary delineation's for 1- and 0.2-percent annual chance floods will be generated based on topographic data shown on existing Southwest Florida Water Management ~istrict aerials and surveys of existing conditions within the watershed. (d) Some areas which are not currently identified as exposed to flood hazards may be subsequently shown as exposed to flood hazard. ( e) Flood hazards may be defined for tributary areas and within closed basins. (f) Coastal flood hazard analyses will not be performed. Existing conditions analyses from the MANAGEMENT PLAN will be tied into effective coastal flood hazard delineations currently shown on Flood Insurance Rate Maps. (g) Floodway analyses are not currently delineated along Stevenson Creek, as shown on the map-initiative format Flood Insurance Rate Maps for the City of Clearwater, and will not be generated with the MANAGEMENT PLAN or this request for a revision to National Flood Insurance Program data. (h) Portions of Stevenson Creek and the Stevenson Creek floodplain that lie outside the corporate limits for the City of Clearwater may not be revised. Revision to areas that lie outside the City of Clearwater may only be made to meet National Flood Insurance Program tie-in requirements. 16 ~ I I CONSULTANT shall provide documentation of analyses conducted in association with the MANAGEMENT PLAN as needed or requested to support the request for Flood Insurance Rate map revision, and provide written response to questions and requests for additional information by the FEMA. If additional data or analyses are required to secure a revision to Flood Insurance data, above those data prepared in association with the MANAGEMENT PLAN, these data generation activities will be compensated for under a separate contract. 2.5 IDENTIFICATION OF PROBLEMS AND POTENTIAL SOLUTIONS 2.5.1 Evaluate Existing Conditions The methods to be used for this task will include field studies, data analysis, and computer model simulations. The data analysis will include the approved Level of Service criteria to identify those areas where the existing system does not provide an acceptable Level of Service. Evaluation of existing conditions will be based on the surface water profiles developed under Section 2.4. 2.5.2 Develop and Evaluate Potential Solutions After compiling and evaluating the data documented in Sections 2.2 through 2.4, the CONSULT ANT shall begin the development of potential solutions to address the identified flooding, sediment, and water quality problem conditions in the WATERSHED. The identification of these potential solutions will take into account existing watershed development conditions. Potential solutions shall include but not be limited to the following: a. Floodplain, water quality and water quantity regulations and programs b. Maintenance practices and programs c. Non-point source pollutant load source reduction measures d. Base flow management and restoration e. Wetland restoration, enhancement, and creation f Conservation and restoration of natural waterways g. Vegetated buffers along stream corridors and riparian areas h. Lined and unlined channels I. Selected or limited structure improvements J. Regional detention and retention facilities k. Non-structural improvements and methods, including source reduction programs 17 ffJ I I 1. Multi-use facilities m. Proposed revisions to designated land use or zoning n. Minimization of mitigation to that absolutely necessary to construction 2.5.3 In the development of the MANAGEMENT PLAN, the following concerns shall be addressed in the formulation of the final recommendations. Not all areas of concern may require improvements, but shall be addressed. a. Acceptable pollutant and nutrient loads b. Drainage areas in need of treatment by either primary, regional or local systems c. Erosion control and the reduction of sediment transport d. Creek, retention systems and ditch maintenance needs and practices e. Retrofit opportunities f Historic and current landfills g. Polluted stream sediments h. Channelization of streams 1. PLRG's for Stevenson Creek (currently on DEP 303(d) list of impaired water bodies) 2.6 EVALUATION AND PRIORITIZATION OF POTENTIAL SOLUTIONS 2.6.1 The potential solutions and projects will be evaluated and prioritized based on the City's Level of Service evaluation criteria. The CONSULTANT shall utilize a method developed for Alligator Creek and consistent to the City of Clearwater 1997 Watershed Action Plan to prioritize the potential solutions, which shall include assessment of: a. Drainage problems (erosion, sedimentation) b. Flooding (frequency: 10-,25-, 100-yr, and severity: streets, yards, homes) c. Water quality (measurable and cost-effective improvements) d. Public safety and welfare e. Construction costs f Relative benefits 18 f/J I I g. Requirements for right-of-way h. Operation and maintenance i. Permitability J. Public acceptance k. Economic support 1. Land use m. Regulatory Enhancement 2.6.2 Preliminary Report 2.6.2.1 Results of the watershed analyses will be submitted in a Preliminary Report. The submittal of the findings and conclusions shall include a matrix that shows, at a minimum, the relationship of each potential solution in terms of criteria listed in Section 2.6.1. The intent of the matrix is to support the narrative, by giving rationale for selecting a particular solution in an easy to understand format. The CONSULT ANT shall develop the written evaluation including schematic plans and cost estimates for construction and land acquisition that will be supportive of viable solutions being submitted to the CITY and PROJECT REPRESENTATIVES for consideration as improvements to meet the needs of the MANAGEMENT PLAN. 2.6.2.2. Following review by the CITY, and other PROJECT REPRESENTATIVES, the CONSULT ANT will refine the Preliminary Report. Information gathered will be updated to reflect any changes. Subsequent to this review, the CONSULTANT shall schedule meetings with environmental permitting agencies having jurisdictional authority, for the purpose of acquiring comments for each potential solution. PROJECT REPRESENTATIVES shall accompany the CONSULTANT on meetings with other agencies. The CONSULT ANT shall develop a recommended combination of potential solutions for further evaluation as the recommended MANAGEMENT PLAN based on input from PROJECT REPRESENTATIVES and the permitting agencies. 2.6.3 Draft Final Report The CONSULTANT shall: (a) Identity a recommended MANAGEMENT PLAN based on the combination of the various potential solutions developed in Section 2.5. 19 ~ I I (b) Model the recommended MANAGEMENT PLAN to determine effect upon water quality, sediment and flood control. (c) Evaluate the recommended MANAGEMENT PLAN based on criteria and methods developed in 2.5. (d) Submit Draft Final Report on the above with the documentation of the final recommended MANAGEMENT PLAN. (e) With input from the CITY and PROJECT REPRESENTATIVES, select the final recommended MANAGEMENT PLAN, subject to approval by the CITY and other PROJECT REPRESENTATIVES. 2.6.4 Final Report (a) Prepare final modeling of selected MANAGEMENT PLAN. (b) The Final Report (MANAGEMENT PLAN) shall include development of a method to prioritize projects based primarily upon the potential effectiveness of reducing pollutant loads, flooding conditions, and other drainage problems and secondarily on the potential for increasing natural habitat, and the availability of public-owned property on which to construct the improvements. The Final Report shall also prioritize the top three projects for implementation based on the method developed. 2.7 COORDINATION WITH PERMITTING AGENCIES 2.7.1 To determine permitability and develop meaningful comments from permit and permit review agencies, the CONSULTANT shall seek affirmative comments for the recommended MANAGEMENT PLAN from permitting agencies having jurisdiction over the WATERSHED area, as identified during the development of the Draft Final Report (DFR) , Section 2.6.3. These comments will be used for development of the final selected MANAGEMENT PLAN. Subsequent to the development and submittal of the draft final report to the CITY, the CONSULTANT shall submit the DFR for the purpose of obtaining affirmative comments for the selected MANAGEMENT PLAN. The CONSULTANT shall schedule meetings with the various agencies and shall give adequate notice to the CITY of each meeting scheduled so that CITY and other PROJECT REPRESENTATIVES can be in attendance. Subsequent to obtaining affIrmative comments for the selected MANAGEMENT PLAN, the CONSULTANT shall proceed with development of the Final Report. 2.7.2 Permitting agencies having jurisdiction may include, but are not limited to, the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, Southwest Florida Water Management District, Florida Game and Fresh Water Fish Commission, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency. Review agencies may include the Tampa Bay Regional Planning Council. 2.7.3 The CONSULTANT shall make revisions to the MANAGEMENT PLAN (Final Report) as needed to include comments from the permitting agencies. 20 !JO I I 2.8 PRESENTATIONS, PUBLIC MEETINGS AND TECHNICAL LIAISON The CONSULTANT shall keep accurate minutes of all meetings and distribute copies to all participants, within seven (7) calendar days after the meetings. The meetings shall be set up through the CITY and PROJECT REPRESENTATIVES shall attend. The CONSULTANT shall coordinate with the CITY and prepare the necessary agenda for each meeting to be held. Agenda shall be submitted to the CITY at least five (5) days prior to any scheduled meeting. All display material shall be developed and prepared by the CONSULT ANT. 2.8.1 Prior to the commencement of MANAGEMENT PLAN activities, the CITY will conduct with the CONSULT ANT one project initiation conference for the purpose of discussing issues relative to the MANAGEMENT PLAN and submittal schedules and to convey to the CONSULTANT such items provided for under Section 2.1 as may be required and available at that time. 2.8.2 The CONSULTANT shall be required to participate in a regularly scheduled Status or Progress Meetings during MANAGEMENT PLAN development. It is anticipated that PROJECT REPRESENTATIVES will attend the project initiation conference and status review meetings. 2.8.3 The CONSULTANT shall make a total of three presentations to the CITY and PROJECT REPRESENTATIVES for the recommended MANAGEMENT PLAN identified in Section 2.6.3 and at any point in the MANAGEMENT PLAN development as requested by the CITY. 2.8.4 The CONSULTANT shall be required to conduct, with assistance from the CITY and at a location to be provided by the CITY, necessary pre-permit application meetings and two public information meetings concerning the recommended and selected MANAGEMENT PLAN. The meetings will have an extended format allowing casual public review and comment over a period of three to four hours at a public location to be provided by the CITY. The purpose of the meetings is to inform the public of the recommended and selected MANAGEMENT PLAN as well as gather public input. 2.8.5 Public Information Meeting Requirements These meetings are to be advertised and conducted as an information meeting. The CONSULTANT shall conduct the meetings. The CITY and PROJECT REPRESENTATIVES will assist the CONSULTANT in conducting the meetings. The CONSULT ANT may be required to actively participate in a portion of the presentation as follows: a. An Internet WEB page for the Stevenson Creek project will be created and linked to the CITY's existing WEB page for the purpose of posting public announcements, meeting minutes, and providing access to project information to interested parties. b. All presentations (script and graphics) will be prepared by the CONSULTANT. Presentation materials may include wall graphics, typical sections, aerial photographs, renderings, charts, and graphs, as needed for use during the meeting. 21 I)IJ I I c. Media releases, legal and display advertisements, and general (mass) property owner letters will be prepared, published and distributed by the CITY. d. The meeting format shall be developed by the CONSULTANT and approved by the CITY. e. A briefing by the CONSULT ANT of staff and CITY and PROJECT REPRESENTATIVE(s) who will participate in the Public Information Meeting shall be held at least five (5) working days prior to the Public Information Meeting. The briefing shall be combined with a bi-monthly progress meeting. The purpose of the briefing is to insure that the staff and PROJECT REPRESENTATIVES are familiar with and up-to-date on the proposed MANAGEMENT PLAN. The briefing will also provide opportunity to review the proposed Public Information Meeting format and all visual display and presentation items prior to the meeting, therefore, allowing time for any required revision to these items. f Following the completion of each Public Information Meeting, an in-house meeting with the CITY and PROJECT REPRESENTATIVES will be scheduled by the CONSULT ANT to address public input. The CONSULT ANT will review the public information gathered and prepare his recommendations regarding any viable public comments that may improve the MANAGEMENT PLAN. 2.8.6 The CONSULTANT shall be required to make a presentation to the City Commission in conjunction with the Final Report. All display material shall be developed and prepared by the CONSULT ANT. 2.8.7 The CONSULTANT shall be required to make two (2) additional presentations to the Southwest Florida Water Management District, Pinellas-Anclote Basin Board. All display material shall be developed and prepared by the CONSULT ANT. 2.8.8 With written authorization, anyone of the above meetings may be substituted for another meeting in the Tampa Bay area without added cost to the CITY. If the three public meetings and presentations as identified in this Agreement are exceeded, compensation may be provided in accordance with Section 7 of this Agreement. 22 FP SECTION 3 SUBMITTALS 3.1 SUBMITTAL REQUIREMENTS (GENERAL) Each submittal called for below shall be delivered with a transmittal letter signed by the CONSULTANT's Project Manager stating that the submittal package is complete, and all pertinent calculations and details have been checked for accuracy and completion. Checks will be performed by the CITY to confirm that the submittal is complete. Incomplete submittals shall be returned to the CONSULTANT. ALL ENGINEERING DOCUMENTS MUST BE SIGNED AND SEALED BY A PROFESSIONAL ENGINEERING REGISTERED IN THE STATE OF FLORIDA. 3.1.1 Invoicing from the CONSULT ANT and payment by the CITY shall be directly correlated to submittal progress. 3.1.2 The CITY in no way obligates itself to check the CONSULTANT's work and further is not responsible for maintaining project schedules. 3.1.3 The actual acceptance by the CITY of any submittal, or the final acceptance by the CITY of the MANAGEMENT PLAN documents and reports provided for in this Agreement, shall neither constitute nor imply any review or approval by the CITY of the services performed by the CONSULT ANT under the provisions of this Agreement, but shall indicate only the CITY's acceptance of the CONSULTANT's affirmation of compliance with the provisions and intent of this Agreement. 3.1.4 By executing this Agreement, the CONSULTANT accepts the responsibility and obligation to correct, to the satisfaction of the City Engineer and Director of Project Development and Engineering, and at no additional cost to the CITY, any and all deficiencies in the preparation of the reports for this MANAGEMENT PLAN resulting from errors or omissions at such time and whenever the deficiencies may become known. Final acceptance by the CITY of the MANAGEMENT PLAN reports and contract documents provided for in this Agreement shall not relieve the CONSULTANT of compliance with the intent of this Agreement to provide the CITY with documents that are complete in every respect. 3.2 SUBMITTAL REQUIREMENTS (MANAGEMENT PLAN) Prior to the pre-commencement meeting, the CONSULTANT shall develop and submit a MANAGEMENT PLAN schedule for review and approval by the CITY and PROJECT REPRESENTATIVES. 23 1)0 I I (1) Watershed Pollutant Loading Interim Report (m)Watershed Hydrologic and Hydraulic Model Development Interim Report. (n) Watershed boundary and 100-year floodplain delineation on SWFWMD aerial topographic maps. (0) Electronic copy of hydrologic and hydraulic model database. (P) GIS database with user manual. (q) Revised Flood Insurance Rate Maps for Panel Numbers 125096 0008D, 0015D, and 0016D with Letter of Map Revision application package. (r) Preliminary Report - Watershed Management Plan (s) Draft Final Report - Watershed Management Plan (t) Final Report - Watershed Management Plan 25 00 1 L SECTION 4 IMPLEMENTATION The Implementation Phase of the project, if a determination is made to proceed, will include the final design and permitting of one or more of the top three prioritized PROJECTS recommended in the MANAGEMENT PLAN. Compensation to the CONSULTANT for these ADDITIONAL SERVICES shall be negotiated as an amendment to this Agreement in accordance with Section 7.0. 26 ~ I I SECTION 5 SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following for the CONSULT ANT's use and guidance: 5.1 Copies of all existing drainage studies and plans, computer information, existing maps, existing aerial photographs, as built construction plans and other available information and data pertinent to the MANAGEMENT PLAN which the CITY and PROJECT REPRESENTATIVES may have in their possession. 5.2 Copies of CITY and other PROJECT REPRESENTATIVE Comprehensive Plans 5.3 Make available existing development/site plans pertinent to the MANAGEMENT PLAN on record with the CITY. 5.4 Copies of Pinellas County, Clearwater and Dunedin Stormwater Atlas Maps and/or Stormwater Management Plans, hard copy and/or digital format where available. 5.5 Reproducibles of any standard drawings applicable to the MANAGEMENT PLAN. 5.6 Water quality data generated by the CITY and Pinellas County. 5.7 Copies of the CITY's GIS database and digital mapping. 27 {1J 1 I SECTION 6 PROGRESS REPORTS 6.1 Prior to receipt of the "NOTICE TO PROCEED," and prior to submittal of the first invoice for fees earned, the CONSULTANT shall submit for the CITY's approval a schedule showing the completion dates for the various work items and milestones comprising the total work effort estimated to be required for the completion of the BASIC SERVICES provided for in this Agreement under Section 2, the weight of each work item in proportion to the total work effort, and the portion of the total BASIC FEE assigned to each work item. 6.2 The CONSULTANT shall submit to the CITY, no later than the tenth day of each month, a progress report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the completion of the BASIC SERVICES, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage of total work effort represented by each item, and the percentage of total work effort completed. 6.3 All progress reports and invoices shall be mailed to the attention of the CITY's Project Manager, City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758. 28 IX> I I SECTION 9 PERIOD OF SERVICE 9.1 The CONSULTANT will begin work promptly after receipt ofa fully executed copy of this Agreement. Such receipt shall constitute written notice to proceed. 9.2 If the CONSULTANT's design services called for under this Agreement are delayed for reasons beyond the CONSULTANT's control, the time of performance shall be adjusted appropriately. If the design services under this agreement continue for a period of more than two (2) years from the beginning date (as above provided), the fees contained in Schedule 2 shall be subject to renegotiation. Any change in such fees shall apply only to the unfinished services as of the effective date of such change. 32 ~ I I 1O.6 SUPPLEMENTAL PROVISIONS 1O.6.1 The insurance coverage's and conditions afforded by this policy shall not be suspended, voided, canceled or modified except after thirty (30) days prior written notice by certified mail return receipt requested has been given to both the CITY Engineer and the Risk Management Office of the CITY. 1O.6.2 Certificates of Insurance meeting the specific required insurance provisions specified within this Agreement shall be forwarded to both the CITY Engineer and Risk Management Offices of the CITY and approved prior to the start of any work. After review, the Certificate will be filed with the CITY Clerk as part of the official contract file. 10.6.3 Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other similar document, does not constitute acceptance or approval of amounts or types of coverage that may be less than required by this Agreement. 10.6.4 The CITY may at its option require a copy of the CONSULTANT's Insurance Policies. 10.6.5 All insurance policies required with this Agreement should provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the CITY. 10.7 SAFETY AND HEALTH REQUIREMENTS 10.7.1 It is the CONSULTANT's sole duty to provide safe and healthful working conditions to its employees and those of the CITY on and about the site of Agreement performance. The CITY assumes no duty for supervision of the CONSULT ANT. 10.7.2 The CITY may order that the work stops if a condition of immediate danger to CITY employees, equipment or property damage exists. This provision shall not shift responsibility or risk of loss for injuries or damage sustained from the CONSULTANT to the CITY, and the CONSULTANT shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of CONSULT ANT performance. 10.7.3 The CONSULTANT shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate Federal, State, and local regulations or CITY safety and health standards. 34 /J) I I SECTION 11 REQUIRED STATEMENTS The submission of sworn statements under Section 287.133(3)(A) Florida Statues on Public Entity Crimes and a Drug Free Workplace in accordance with Section 287.087 are required prior to the execution of this Agreement. 35 ~ I I SECTION 12 TERMINATION This Agreement may be terminated by either party by seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If the Agreement is terminated, the CONSULT ANT shall be paid in accordance with the provisions of Schedule 2 for all work performed up to the date of termination. 36 p!J I I SECTION 13 SUSPENSION, CANCELLATION OR ABANDONMENT In the event the project described within this Agreement, or the services of the CONSULTANT called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the CONSULTANT shall be given 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. 37 ,Ad I I SECTION 14 EXTENT OF AGREEMENT This Agreement represents, together with all Exhibits, the entire Agreement between the CITY and the CONSULTANT and may be amended only by written instrument signed by both the CITY and the CONSULTANT. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first written. Countersigned: CITY OF CLEARWATER, FLORIDA &-JLL:-",. .f A Bnan 1. ungst Mayor-Commissioner ~y: ~ I Michael 1. Roberto City Manager Approved as to form: Attest: J.Nw ~u.- 2/DA'J~ Leslie K. DOUg~ Assistant City Attorney ~- ~cyJE~ J CIty (;ferk -:---.- () \(31 (DO 38 pi) I I FIGURE 1 LOCATION MAP Il~ ~ ~ ~ftrr; nj -- _ ~I IP2 ~ 1- ~ 1= [[ll= p~ ~1I) 1 ~ \.. g/IIU tr lmL~' r ~~.... ; :- - ~j 18 S \h 0 I /' ,!"I I ~ [W'D' 1,,/;r'"'::l Gf o n'7 1.1- - !V ,... '- \~ ~ I I C ~ DUNEDIN ".::::-- ~ = :,'1 ~ ~ fIi~-,J Jg I/~. ~' o r.. ,...... ~ ~. , T 'r--iH I a. Stevenson I ~ ~-,J ~PRING BRANCH I , Creek '::1. ~ o I~! a?"!.;;I --""" ~ r::r I ~ ~ WI ] tl~ ~ LoTI E 1111,Z -'I Q s ~ l/~ -frrrr:g. ~ t7 --1 ~ Rd~ Ci , =.r _ ~ 1 tel -p7"1 E::=: I ~ II~ ~ ~ I 1-- =,,~bl..- ~ 1:::= I-,{ -::;;: I I r--:l - H ~ ,'If ~ E: . 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