PROPOSAL FOR PROFESSIONAL STRUCTURAL CONSULTING SERVICES PIER 60CLWRC23016P
Matthew J. Anderson, Assistant Director
City of Clearwater Parks and Recreation
100 S. Myrtle Avenue, Suite 120
Clearwater, FL 33756
November 3, 2023 (Rev1)
RE: PROPOSAL FOR PROFESSIONAL STRUCTURAL CONSULTING SERVICES
PIER 60 HURRICANE IDALIA STRUCTURAL DAMAGE REPAIRS
1 CAUSEWAY BLVD.
CLEARWATER, FL 33767
Dear Mr. Anderson:
5755 Rio Vista Drive
Clearwater, FL 33760
T: 727-536-8772
www.pennoni.com
Pennoni is pleased to present this proposal for structural engineering services for the above referenced
project to City of Clearwater ("Client").
PROJECT DESCRIPTION/BACKGROUND
The existing pier is approximately 29 years old fishing pier. Between August 29-31, 2023, the structure
sustained damage from Hurricane Idalia. Pennoni was retained by the Client under P.O. 23001048 to conduct
a structural assessment of the pier, identify and document the damage, and recommend repair concepts.
Temporary repairs were made to the end of the pier by the City of Clearwater and the Pier was reopened on
September 22, 2023. Pennoni and Foster Consulting (Marine Engineer) issued a draft report to the City in
October 2023 which identified damaged joints, pile caps, access decking and timber piles.
This proposal involves the design the repair recommendations that are presented in Pennoni's assessment
report and as identified in Figure 1 below:
Scope of Work:
1. Repair all joints as required/ up -fit hollow core connections
2. Repair Misc Spalls
3a. Replace Damaged Timber Piles
3b. Extend Deck by 9'x12' (Alternate)
4. Replace Navigation Marker Piles (6) Piles
5. Replace Access Ramp with ADA compliant
6. Replace 8ft high security fencing
7. Replace Deck around Fish House
8. Repair or Re -coating of existing Steel Root Truss Uplift Straps
Figure 1— Proposed Repairs
PAI Comments:
10/25/23
CLWRC23016P November 3, 2023 (Rev 1) Page 2
City of Clearwater Pier 60 Hurricane Idalia Damage Repairs
SCOPE OF SERVICES
Our scope of engineering services includes the following:
Phase I Construction Documents Phase
1. Follow up Site Assessment by Foster Consulting
a. Collect field measurements.
i. Collect field data including dimensional measurements (this includes the eastern
portion of the pier relative to the tackle shop).
ii. Conduct Submerged Resource Survey.
iii. Review of historical drawings.
iv. Review State and federal permitting history.
2. Subsurface Utility Locate by Geoview, Inc.
a. Review of site survey provided by Client in CADD
b. Ground Penetrating Radar (GPR) use to locate underground utilities within in 20 feet of
the approach ramp that is scheduled for replacement.
3. Design repairs for each of the damage items identified in Figure 1 above.
a. Foster Consulting Plans to include:
i. Project Description
ii. Geographic Map
iii. Site Plan -View of proposed work
iv. Cross -Sections of proposed work
v. Pile location map, Pile specifications
vi. General Notes
vii. Construction Notes
viii. Assist design with outer storage deck area.
b. Pennoni Plans to include structural drawings and specifications depicting the repairs and
including plans, sections, and details
i. Repairs to deck joints
ii. Repairs to spalled concrete
iii. Replaced deck around fish house
iv. Recoating of corroded steel connections
v. Limited repairs to covered canopies
vi. Replacement of ADA Ramp
c. Klar and Klar Architects
i. Demo and design of replacement of ADA Ramp
4. Attend no more than three design phase meetings.
a. This includes coordination meetings with the Construction Manager/ General contractor
selected by the City to complete repairs on the project.
Phase II Permitting and Bid Phase
1. Provide signed and sealed structural drawings and specifications for permitting and contractor
bidding.
CLWRC23016P November 3, 2023 (Rev 1) Page 3
City of Clearwater Pier 60 Hurricane Idalia Damage Repairs
2. Submit the construction documents to all required permitting agencies possibly including the
Clearwater Building Department, Florida Department of Environmental Protection (DEP), and the US
Army Corps of Engineers.
a. Foster Consulting Permitted Services
i. Prepare permit plan set for permitting applications.
ii. State Permitting application and submission.
iii. Federal Permitting application and submission
iv. Responses for up to (I) one Requests for Additional Information (RAI) from the
State and Federal agencies; will attend up to one field or office meeting with State
staff. Any additional RAIs or meetings with the State agency will be considered
additional services.
3. Respond to Contractor's questions and Requests for Information.
4. Respond to review comments from the permitting agencies.
5. Issue addenda as appropriate to interpret or clarify the construction documents.
6. Assist the Client in reviewing contractor bids.
7. Attend no more than two permit and bid phase meetings.
Phase 111 Construction Phase
1. Attend one pre -construction meeting.
2. Review shop -drawing and submittals. Our shop drawing and submittal review will be limited to
determining general conformance with the information given and the design concepts expressed in
the Contract Documents and are not for the purpose of determining accuracy and completeness
including dimensions and quantities. This proposal is based on performing a maximum of two (2)
reviews for each shop drawing or submittal. Shop drawings or submittals submitted more than two
times for approval will be reviewed on an hourly basis as an additional service.
3. Perform no more than (12) construction phase site visits by Pennoni at intervals appropriate to the
various stages of construction, as Pennoni deems necessary to observe the progress and quality of
the work. Refer to Terms and Conditions.
4. Perform no more than 10 construction phase site visits by Foster Consulting.
5. Perform no more than 3 construction phase site visits by Klar and Klar
6. Coordinate with the Client and Contractor during construction and respond to Contractor requests
for information to clarify the intent of the structural design.
7. Review change order requests and monthly progress payment requests from the contractor.
8. Prepare a preliminary punch list of final items to be completed.
9. Conduct a final walk through with the contractor and Client.
10. Prepare close out documents including Record Drawings based on drawings from the contractor
CLWRC23016P November 3, 2023 (Rev 1) Page 4
City of Clearwater Pier 60 Hurricane Idalia Damage Repairs
showing all field changes that were made to the construction documents.
ASSUMPTIONS, INFORMATION REQUIRED and ADDITIONAL SERVICES
1. Pennoni shall receive complete site information from the Client including existing and proposed
grading plans, location of proposed building, locations of existing and new utilities, and locations of
existing structures, prior to the completion of the foundation design.
2. If additional services become necessary during the term of the project, Pennoni will provide a separate
scope of services and fee proposal to address the required services. Additional services can include,
but are not necessarily limited to, the following items. Additional services must be authorized by the
Client in writing and in advance of proceeding with the work.
a. Structural repairs that are not listed in Figure 1 above.
b. Revisions caused by unforeseen adverse field conditions.
c. Review and/or redesign due to fabrication or contractor's errors.
d. Additional requested meetings, site visits or reports.
e. Construction cost, or other similar related estimates or engineering opinion of the same.
f. The preparation of shop or fabrication drawings.
g. Preparation of demolition plans other than noted above.
h. Structural analysis beyond noted.
i. Threshold Inspections. A separate proposal will be provided if Threshold Inspections are required
by the building department.
3. The City will provide the following:
a. Site survey in CADD of the approach ADA ramp.
b. CADD drawings of the layout of the existing pier.
c. Subsurface Utility Locate of the immediate area surrounding the ADA ramp where renovations
will take place.
SCHEDULE
Pennoni is prepared to begin work on this project upon receipt of written notice to proceed and will endeavor
to complete the work in accordance with your scheduling needs.
• Construction Drawings and Additional Field Documentation: 4 weeks from receipt of PO
• Permitting and Construction Phase will be based on the contractor schedule.
CLWRC23016P
City of Clearwater
November 3, 2023 (Rev 1) Page 5
Pier 60 Hurricane Idalia Damage Repairs
FEE
Our fees for this project will be as follows and will be Lump Sum unless noted otherwise:
Task
Pennoni Associates Inc.
Foster Consulting
Klar and Klar
Construction Document Phase
$20,704*
$19,500
$3,000
Permitting and Bid Phase
$7,608
$13,162.5
$1,000
Construction Phase
$19,438
$14,137.5
$1,000
Sub Total Fee
$47,750
$46,800
$5,000
Total Fee
$99,550
*This includes an allowance of a $2000 for GeoView to provide a SUE assessment.
REIMBURSABLE EXPENSES
Extraordinary expenses identifiable to the specific project will be billed in addition to the above stated fee.
Reproduction of multiple sets of drawings and/or specifications for submissions and Client and project team
use and overnight mail are considered reimbursable expenses and will be billed accordingly. We do not bill
for such items as small amounts of in-house printing and normal mailing expenses. In addition, all application
fees, review fees, etc., associated with this project will be provided by the client.
BILLING AND PAYMENT
An invoice for professional services completed will be presented for payment on a monthly basis. Payment is
due upon receipt. The Client acknowledges that the method of billing and payment has been discussed in
detail, that the terms agreed upon can only be changed by a written addendum agreed to by both parties,
and that work may be stopped until payment is made in accordance with the agreement.
TERMS AND CONDITIONS
Pennoni Associates Inc. General Terms and Conditions as agreed to in RFQ #34-23 dated July 20, 2023. The
Client indicates by the execution of this proposal that they have reviewed and understand the General Terms
and Conditions.
PURSUANT TO §558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE
OR AGENT OF PENNONI ASSOCIATES INC. CANNOT BE HELD INDIVIDUALLY
LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN
THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR
THE PERFORMANCE OF PROFESSIONAL SERVICES HEREUNDER, BY SIGNING
THIS AGREEMENT, YOU HAVE ACCEPTED THIS LIMITATION OF LIABILITY.
CLWRC23016P November 3, 2023 (Rev 1) Page 6
City of Clearwater
Pier 60 Hurricane Idalia Damage Repairs
This proposal is based on the scope as described by you and the clarifications noted above. If the proposed
scope as described should change, Pennoni reserves the right to renegotiate the fee for services.
We appreciate the opportunity to submit this proposal and look forward to working with you.
Sincerely,
PENNON! ASSOCIATES INC.
Jeffrey J. Salemme, PE, SI
Associate Vice President
Vince Barnes III, PE SI -Limited
Forensics Division Manager
Please indicate your acceptance of this proposal by signing and returning a copy as our authorization to
proceed. In signing this proposal, the Client authorizes Pennoni to complete the professional services outlined
in this proposal.
Accepted By:
5E 5( (513 � P46c
(Authorized Representative of the Client) (Date)
(Print Name & Title)
PENNONI PROPOSAL
FOR STRUCTUAL CONSULTING SERVICES
1 CAUSEWAY BLVD. CLEARWATER, FL 33767
Countersigned:
Brianung
Mayor
Approved as to form:
Melissa Isabel
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Jerfr fd( Poirrier
City Manager
Rosemarie CaII
City Clerk
Pennoni
PENNONI ASSOCIATES INC.
GENERAL TERMS & CONDITIONS
1. Unless withdrawn sooner, proposals are valid for thirty (30) days.
2. The technical and pricing information in proposals is the confidential and proprietary property of Pennoni Associates Inc.
("Pennoni") or any Pennoni subsidiary or affiliate. Client agrees not to use or to disclose to third parties any technical or pricing
information without Pennoni's written consent.
3. The agreement created by the Client's acceptance of a proposal and these Terms & Conditions is hereinafter referred to as the
"Agreement." If a proposal is submitted to Client and Client fails to return a signed copy of the proposal but knowingly allows
Pennoni to proceed with the services, then Client shall be deemed to have accepted the terms of the proposal and these
General Terms & Conditions. If there is a conflict or inconsistency between any express term or condition in the proposal and
these General Terms & Conditions, then the proposal shall take precedence. The proposal and these General Terms &
Conditions constitute the entire Agreement, and supersede any previous agreement or understanding.
4. Payment is due upon receipt of invoices as submitted. If Client chooses to make any payment via major credit card, Client
agrees to pay a 3% surcharge or 1.03 times the total amount invoiced. Client agrees to pay interest at the rate of 1'A percent
per month on invoices that are more than 30 days past due. If an invoice is 30 or more days past due, then Pennoni may
suspend services and refuse to release work on this Agreement or any other agreement between Client and Pennoni until
Client has paid all amounts due. Unless Pennoni receives written notice of Client's dispute of an invoice within 30 days of the
invoice date, the invoice will be presumed correct. If payment is not made in accordance with the Agreement, then Client
agrees to pay reasonable costs and attorney's fees incurred by Pennoni to collect payment.
5. All drawings, sketches, specifications and other documents ("Documents") in any form, including electronic, prepared by
Pennoni are instruments of Pennoni's services, and as such are and shall remain Pennoni's property. Upon payment in
accordance with the Agreement, Client shall have the right to use and reproduce the Documents solely for the purposes of
constructing, remediating, using or maintaining the project contemplated by the Agreement ("Project"). The Documents are
prepared for use on this Project only, and are not appropriate for use on other projects, any additions or alterations of the
Project, or completion of the Project by others. Client shall not use the Documents in violation of this paragraph without
Pennoni's express written consent; and such use is at the Client's sole risk. Client agrees to indemnify, defend and hold harmless
Pennoni from any claims, damages, losses, liabilities and expenses arising from such prohibited use.
6. The proposed fees and schedule constitute Pennoni's best estimate of the charges and time required to complete the Project.
As the Project progresses, facts uncovered may dictate revisions in scope, schedule or fee. The hourly rate schedule for services
provided on a time and material basis will be subject to increases annually.
7. Fee and schedule commitments will be subject to change for delays caused by Client's failure to provide specified facilities or
information, or for delays caused by third parties, unpredictable occurrences or force majeure.
8. Where the method of payment is based on time and materials, Client agrees that the following will apply: The minimum time
segment for charging work is one-quarter hour, except the minimum time segment for charging of field survey work is four (4)
hours. Client reimbursable expenses include travel and living expenses of personnel when away from the home office on
business connected with the Project; subcontractor and subconsultant costs; identifiable communications, mailing and
reproduction costs; identifiable drafting and stenographic supplies; and expendable materials and supplies purchased
specifically for the Project. A ten (10) percent administrative and handling charge will be added to client reimbursable expenses.
9. Client's termination of this Agreement will not be effective unless Client gives Pennoni seven (7) days prior written notice with
accompanying reasons and details, and affords Pennoni an opportunity to respond. Where the method of payment is "Lump
Sum," Client agrees that the final invoice will be based on services performed to the effective date of cancellation, plus an
equitable adjustment to provide for costs Pennoni incurred for commitments made prior to cancellation. Where the method
of payment is time and materials, Client agrees that the final invoice will include all services and direct expenses up to the
effective date of cancellation plus an equitable adjustment to provide for costs Pennoni incurred for commitments made prior
to cancellation.
10. Pennoni will maintain at its own expense Workman's Compensation insurance, Commercial General Liability insurance, and
Professional Liability insurance.
11. Neither the Client nor Pennoni shall assign this Agreement without the written consent of the other.
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12. Pennoni does not represent or warrant that any permit or approval will be issued by any governmental or regulatory body.
Pennoni will endeavor to prepare applications for such permit or approval in conformance with applicable requirements; but,
in view of the complexity of and the frequent changes in applicable rules and regulations and interpretations by the authorities,
Pennoni cannot guarantee that any such application will be considered complete or will conform to all applicable requirements.
13. Pennoni will perform its work in accordance with generally accepted professional standards. THERE ARE NO OTHER
WARRANTIES, EXPRESSED OR IMPLIED. This Agreement is solely for the benefit of the Client and its successors. There is no
third -party beneficiary of this Agreement.
14. CLIENT AND PENNONI HAVE CONSIDERED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, AS WELL AS PENNONI'S
TOTAL FEE FOR SERVICES. CLIENT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, PENNONI'S TOTAL AGGREGATE
LIABILITY (INCLUDING THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND
CONSULTANTS) TO THE CLIENT (AND ANYONE CLAIMING BY, THROUGH OR UNDER THE CLIENT) FOR ANY AND ALL INJURIES,
CLAIMS, LOSSES, EXPENSES OR DAMAGES ARISING OUT OF THIS AGREEMENT FROM ANY CAUSE OR CAUSES IS LIMITED TO THE
TOTAL FEE RECEIVED BY PENNONI UNDER THIS AGREEMENT OR $50,000, WHICHEVER IS GREATER. SUCH CAUSES INCLUDE,
BUT ARE NOT LIMITED TO, PENNONI'S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, OR BREACH OF CONTRACT OR
WARRANTY.
IN THE EVENT THE CLIENT IS UNABLE TO ACCEPT THE ABOVE LIMITATION OF LIABILITY, PENNONI AGREES TO INCREASE THE
LIMITATION TO $1,000,000 UPON ITS RECEIPT, PRIOR TO PERFORMING ANY SERVICES, OF CLIENT'S WRITTEN AGREEMENT TO
PAY AN ADDITIONAL SUM OF NOT LESS THAN 10% OF THE TOTAL FEE UNDER THIS AGREEMENT OR $1,000, WHICHEVER IS
GREATER.
15. Client shall make no claim against Pennoni unless the Client first provides a written certification, executed by an independent
design professional, specifying those acts or omissions which the independent design professional contends is a violation of
generally accepted professional standards and upon which the claim will be premised. The independent design professional
must be licensed to practice in the state where the Project is located and in the discipline related to the claim. Client agrees
that the independent design professional's certification is a condition precedent to the Client's right to institute any judicial
proceeding.
16. If required under the scope of services, Pennoni shall visit the Project site to become generally familiar with the progress and
quality of the work for which Pennoni prepared contract documents, and Pennoni shall not make exhaustive or continuous
onsite inspections. Pennoni's services do not include supervision or direction of the contractor's work. Observation by Pennoni
field representatives shall not excuse the contractor for defects or omissions in its work. Pennoni shall not control construction
means, methods, techniques, sequences, or procedures, and the contractor is solely responsible for all work on the Project,
including safety of all persons and property.
17. If Client does not retain Pennoni to render construction phase services, then Client waives any claim it may have against
Pennoni and agrees to indemnify, defend, and hold harmless Pennoni from any loss or liability, including attorneys fees and
other defense costs, arising out of or related to the interpretation of Pennoni's plans and specifications, the review of shop
drawings, the evaluation of contractor's request for change orders, or the failure to detect and correct obvious errors or
omissions in Pennoni's plans and specifications.
18. Unless and until a court determines that Pennoni's preparation or approval of maps, drawings, opinions, reports, surveys,
change orders, designs, specifications and/or Pennoni's giving or failure to give instructions is the primary cause of any damage,
claim, loss or expenses, Client shall indemnify, defend and hold harmless Pennoni and its officers, employees and consultants
from and against all damages, claims, losses or expenses, including reasonable attorneys fees and other costs of defense, arising
out of this Agreement. In the event the Client is required to defend Pennoni under this paragraph, Pennoni shall have the right
to select its attorneys.
19. Client agrees to pay reasonable expert witness fees if Pennoni or any of its employees is subpoenaed to testify as a fact or
opinion witness in any court proceeding, arbitration, or mediation to which the Client is a party.
20. Unless otherwise provided in this proposal, Pennoni shall have no responsibility for the discovery, presence, handling, removal,
or disposal of hazardous materials or underground structures at the Project site.
21. Client and Pennoni waive consequential damages arising out of this Agreement.
22. This Agreement shall be governed by the laws of the State of Florida.
23. Both Pennoni and Client agree to waive the right to subrogation for covered losses and each shall obtain similar waivers from
Owner, subcontractors, property and casualty insurers, and any other party involved in this Project.
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