EXPERIMENTAL WATER QUALITY TREATMENT DEMO PROJECT AT CLEARWATER HIGH SCHOOL AND ALLENS CREEK
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AGREEMENT FOR CONSULTANT SERVICES
FOR THE DESIGN OF AN EXPERIMENTAL WATER QUALITY
TREATMENT DEMONSTRATION PROJECT
AT CLEARWATER HIGH SCHOOL AND ALLEN'S CREEK
ASH ENGINEERING, INC.
OCTOBER 1997
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TABLE OF CONTENTS
PAGE
SECTION 1 SCOPE OF PROJECT .............................................................. ..................................3
1.1 INTENT OF THIS AGREEMENT .......;...... .................... ........ .......... .............. .......3
1.2 PROJECT DESCRIPTION......................................................................................3
1.3 LIMITS OF WORK.................................................................................................3
1.4 KEY PERSONNEL.................................................................................................3
SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT ..............................................4
2.1 PROJECT MANAGEMENT AND COORDINATION..........................................4
2.2 INFORMATION COLLECTION ...........................................................................4
2.3 CONCEPTUAL DESIGN .......................................................................................5
2.4 REGULATORY AND UTILITY COORDINATION ............................................6
2.5 FINAL DESIGN......................................................................................................6
2.6 O&M PLAN AND MONITORING PLAN ............................................................7
2.7 PERMITS................................................................................................................. 8
2.8 PROJECT MEETINGS AND TECHNICAL LIAISON .........................................8
2.9 CONSTRUCTION SERVICES...............................................................................9
SECTION 3 SUBMITTALS.........................................................................................................1 0
3 .1 SUBMITTAL REQUIREMENTS (GENERAL) ..................................................10
3 .2 SUBMITTAL REQUIREMENTS.........................................................................1 0
SECTION 4 SERVICES TO BE PROVIDED BY THE CITY ...................................................11
SECTION 5 PROGRESS REPORTS ................................................... .........................................11
SECTION 6 COMPENSATION TO THE CONSULTANT......................................................... 12
SECTION 7 SCHEDULE OF PAyMENTS.... ................................ ............................... ............ ..12
SECTION 8 PERIOD OF SERVICE ................................................. ...........................................13
SECTION 9 INSURANCE REQUIREMENTS ......................................................... ...................13
SECTION 10 REQUIRED STATEMENTS...... .................................................... ...................... .15
SECTION 11 TERMINATION.............................. ...................................................................... .15
SECTION 12 SUSPENSION, CANCELLATION OR ABANDONMENT .................................15
SECTION 13 EXTENT OF AGREEMENT................................................................................ .15
SCHEDULE I FEE PROPOSAL ........................................... ...................... ..................................17
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SECTION 1
SCOPE OF PROJECT
1.1 INTENT OF THIS 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 design and
implementation of the PROJECT, the objectives of which shall include but are not limited to:
Management of surface water runoff to Allen's Creek, including attenuation of in-stream
peak flow rates.
Evaluation of alternative treatment methods for surface runoff, including retrofit of existing
stormwater pollutant sources.
Provision of an educational opportunity for Pinellas County school students and the general
public by illustrating and evaluating methods of surface water management and water
quality improvement.
1.2 PROJECT DESCRIPTION
The approximately one-half acre project site is located on Pinellas County Schools property, west
of Clearwater High School. The site is immediately adjacent to Allen's Creek, approximately 800
feet south of Gulf to Bay Boulevard and 300 feet north of Druid Road.
At the intersection of Gulf to Bay Boulevard and Allen's Creek a 42 inch City storm drain
discharges into the creek from the west and a 36 inch City storm drain enters from the east. Each of
these storm drains has a drainage area of approximately 50 acres, most of which is untreated runoff.
It is the intent of this project to intercept some or all of this drainage and divert it to the project site
where it would then be discharged to experimental treatment areas. An upstream holding pond may
be required to provide acceptable flow rates. It is anticipated that there could be from two to five
different experimental treatment areas, dependent on space limitations. Flow measurement and
sampling stations will be located where necessary to provide data on the effectiveness of the
treatment methods. Possible alternative treatment methods which could be used include, but are
not limited to: typical dry retention, various vegetative plantings, and various types of gravel
filtration. A location map and conceptual plan are attached to this agreement.
Pinellas County Schools intends to use this area for an outdoor classroom and to develop an
associated curriculum on water quality. The students will provide the actual sampling effort.
1.3 LIMITS OF WORK
1.3.1 The PROJECT limits shall encompass all areas required for the improvements
described herein and shall extend, laterally and linearly, to those boundaries, in
accordance with good engineering practice, to render the proposed improvements
compatible with abutting property and all existing drainage systems.
1.3.2 It is necessary that proposed improvements be contained within the limits of
existing School Board owned lands, public rights-of-way, or City easements.
1.4 KEY PERSONNEL
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1.4.1 The CITY reserves the right to approve/disapprove for whatever reason all
personnel assigned to this project by the CONSULTANT. The individual(s) who
are to be assigned to work under this contract are necessary for the successful
performance of this contract. The CONSULTANT 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, with input from the DISTRICT.
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 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 the DISTRICT shall each designate a single Project Representative,
hereinafter referred to as CITY and DISTRICT, who will serve as a liaison on all
matters related to the development of the PROJECT. The CONSULTANT, in
recognition of the existing Cooperative Agreement, will simultaneously copy
project correspondence to the CITY and DISTRICT.
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, DISTRICT, Pinellas County Schools, other involved State agencies
and other vendors. The procedure shall be that the CITY will be the primary and
initial contact for all correspondence. The City will provide a list of agencies people
and vendors who shall receive correspondence or will be participating in project
activities. That list will contain contact person, agency, telephone, address and fax
number. The CONSULTANT will provide all correspondence to the CITY for
review and approval prior to the forwarding of information to the recipients on the
list.
2.2 INFORMATION COLLECTION (Project Task 1)
The objective of this task is to accurately determine the contributing drainage area which can be
diverted to the project site. The City will provide the following information:
a. City Stormwater and Utility Atlas Sheets
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b. Information on existing drainage and stormwater management systems
within the contributing area
c. 1" = 1 00' aerial photography of the study area (March 1990)
d. Topographic survey of project area.
e. Any additional survey information required for the project.
The consultant will review all available reports, data, and other information relating to the project.
Information included will be existing drainage information from the City, any applicable
information from the School Board, as well as other information developed during the original
basin analysis of Allen's Creek, and all consultant calculations done to date. This data will be
summarized in the Conceptual Design Report.
2.3 CONCEPTUAL DESIGN (Project Task 2)
The CONSULTANT shall furnish all design services necessary to complete a conceptual design,
which will include, but will not be limited to, the following:
2.3.1 Calculations considering the contributing basin in order to determine water quality
treatment volumes. This information will be summarized in the Conceptual Design
Report.
2.3.2 Proposed alternative treatment areas and technologies. A description of each
treatment technology and an evaluation of its significance in regard to educational
opportunities will be summarized in the Conceptual Design Report.
2.3.3 Proposed method of diversion of runoff from Gulf to Bay Boulevard to the project
area. This information will be summarized in the Conceptual Design Report.
2.3.4 The CONSULTANT will conduct a complete site assessment to determine
upland/wetland delineation, vegetation classifications and site hydrology. This task
includes preliminary discussions with the regulatory agencies for affirmation of
jurisdiction and permitting requirements. The conceptual site plan will establish all
of the physical amenities and site location requirements of all the reviewing parties.
Meetings will be held as required.
2.3.5 The consultant will prepare a preliminary cost estimate of the proposed alternatives.
2.3.6 Meetings: A meeting will be held to follow up the kick-off meeting with the
CITY, School Board and SWIM to confirm the established project goals specifically
for the CITY and Clearwater High School. Minutes and results of all meetings will
be distributed.
2.3.7 A conceptual plan will be created based upon the above information. The plan will
be submitted for review and selection on an 11" x 17" color plot.
2.3.8 A Conceptual Design Report will be assembled. Calculation of water quality
treatment versus the number and type of proposed alternative treatment areas will be
performed, and a method of diversion of runoff from Gulf to Bay Boulevard to the
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project area will be proposed. The conceptual plan will be submitted to the CITY,
DISTRICT and School Board for review and selection. A conceptual design report
will be generated analyzing each plan for an estimation of nutrient uptake mass
balances, expected pollution reduction and expected treatment volumes. A cost
estimate will be prepared for each technology for the review and approval by the
CITY and DISTRICT. Conceptual design will include color renderings.
2.3.9 Once the plan has been selected and authorized, the CONSULTANT will proceed
with obtaining a full color rendering.
2.4 REGULATORY AND UTILITY COORDINATION (Project Task 3)
Regulatory agencies including the Florida Department of Environmental Protection (FDEP),
Southwest Florida Water Management District (SWFWMD), United States Army Corps of
Engineers (USACOE), Florida Department of Transportation (FDOT), Pinellas County Department
of Environmental Management, City of Clearwater Central Permitting and Engineering
Departments will be contacted for permitting requirements. The CONSULTANT will conduct a
maximum of two site visits which will be coordinated to assure concurrence with the intent of the
project and permitting requirements. Utility coordination will commence upon authorization of the
conceptual plan. All utilities will be contacted to establish existing locations. A utility
coordination meeting will be held only if warranted. Individual conflicts will be addressed during
design.
2.5 FINAL DESIGN (Project Task 4)
The CONSULTANT will, after written notification of the approval of the final conceptual design,
prepare project plans, design report, specifications and a cost estimate.
2.5.1 Construction Plans (Project Task 4.1) The CONSULTANT will be required
to produce a plan set which will allow for the construction of the approved conceptual plan.
This construction plan set will include, but not be limited to; a cover sheet with location
map, drainage map, quantity sheet, plan view sheets with profiles (if needed), cross-section
sheets, planting plan sheets, and appropriate details as necessary for construction of the
project.
All topographic features and existing facilities shall be shown in order to permit
determination of project impact on adjacent properties. All trees with a size of 4" D.B.H.
and greater shall be shown on the construction plans. All existing underground utilities,
drainage structures, and other facilities shall be shown on the construction plans.
Plan and cross-section sheets shall show station and offset information to structures,
structure dimensions, pipe inverts and sizes, and other pertinent information for the proposed
facilities. Plan sheets shall show erosion control locations and methods, and education
stations as directed by the appropriate party.
The CONSULTANT will provide the CITY and DISTRICT, for review and approval, one
floppy disk and one color printout of the 30%, 60%, and 90% phase plan sets. Thirty (30)
working days shall be scheduled for CITY and DISTRICT review at each stage. The
CONSUL T ANT will incorporate combined comments of all reviewing agencies after each
review. It will be the responsibility of the CITY to ensure compilation of a single set of
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comments to the CONSULTANT. All plans will be drawn in AutoCAD r13 on 24" x 36"
sheets with title blocks in City format.
2.5.2 Specifications (Project Task 4.2) The CONSULTANT will prepare technical
specifications and special conditions as required to bid the project and for proper
construction of the project. These specifications will be prepared for attachment to the
standard contract documents prepared by the CITY, which include standard language on
insurance, bonding, etc. The CITY will provide the consultant with the legal section of the
specifications and samples of technical specifications for CONSULTANT revision as
needed for the technical specifications and special conditions submitted by the
CONSULTANT. The CONSULTANT is responsible for the final technical specifications
which will be provided to the CITY for its [mal technical specifications package.
Prior to the advertising for bids for construction of the project, the CONSULTANT shall
sign and seal two (2) sets of prints and two (2) 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.
2.5.3 Final Reports (Project Task 4.3) The CONSULTANT will prepare the final
design report and submit two (2) copies each to the CITY and DISTRICT for review and
comment. The report will include the information used for the calculations as well as the
calculations themselves. A maximum of thirty (30) calendar days shall be scheduled for
CITY and DISTRICT review. Upon completion of the approved project design, the
consultant shall provide ten (10) copies of the [mal design reports to the CITY.
2.5.4 Engineers Estimate (Project Task 4.4) As part of the final submittal, the
CONSULTANT will assemble a final engineering estimate for bidding purposes. The
estimate will also include one year of maintenance and operation after startup.
2.6 O&M Plan and Monitoring Plan (Project Task 5)
The purpose of this task is to develop programs for operation and maintenance, and monitoring
program to provide operation and maintenance guidelines for the system. This task also includes
training and curriculum development. Based upon the Agreement with the CITY and the School
Board for operation and maintenance of the site, the following items will be created:
2.6.1 Operation and Maintenance Manual: The operation and maintenance manual will
provide the Best Management Practices (BMPs) for the site and all systems in
operation. It will include the operation schedule for pumps, load and rest cycles for
treatment areas, cut sheets for all equipment on site, routine system maintenance
requirements and a maintenance schedule.
2.6.2 Monitoring Manual: The monitoring plan will provide monitoring procedures to
determine the effectiveness of the various alternative treatment methods in
removing pollutants. This program will be used in curriculum development. The
program shall be approved by the CITY, DISTRICT and Pinellas County School
Board. The monitoring manual will include, as a minimum, the layout location of
sampling points, suggested sampling frequencies, suggested parameters for analysis
and a list of sampling equipment. The monitoring plan will include: location of
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sampling stations, suggested sampling frequencies, suggested parameters to be
sampled, list of sampling equipment required and routine sampling system
maintenance.
2.6.3 Training: The CONSULTANT will provide training for City and School Board
employees on site operations, pump operation, and system optimization.
2.6.4 Curriculum Development: The CONSULTANT will provide, at a minimum,
guidance to Pinellas County Schools personnel regarding the contents of school
courses relating to the PROJECT, and water quality in general. The
CONSULTANT believes that a modified SWIM's teacher's manual "Stormwater
and You", along with information taken from the City of Clearwater Surface Water
Quality Report for Allen's Creek, and other documents, can be used to assemble an
effective high school curriculum.
2.7 PERMITS (Project Task 6)
2.7.1 The CONSULTANT shall notify the DISTRICT and the CITY of any
communication or other pertinent information received prior to any meeting with
regulatory personnel. The CONSULTANT shall attend the necessary (up to two)
permit pre-application meetings.
2.7.2 The CONSUL T ANT shall prepare and provide the first submittal of all applicable
regulatory permit application packages, including Environmental Resource Permit
(SWFWMD and FDEP), USACOE permit, FDOT permit(s), Pinellas County
Department of Environmental Management, City of Clearwater Site Plan approval,
and other permits required by the City of Clearwater. The CITY will be named as
applicant on all permits. The CITY will pay all required fees and publish all
required notices.
2.7.3 The CONSULTANT shall prepare and submit information to respond to requests
for additional information from the agencies during their review. This work effort
shall not exceed eight hours. Any amount of work required over eight hours shall
be negotiated with the CITY as additional compensation per Section Six of this
Agreement.
2.8 PROJECT MEETINGS AND TECHNICAL LIAISON (Project Task 7)
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 arranged
through the CITY and the CITY and DISTRICT shall attend. All display material shall be
developed and prepared by the CONSULTANT. The CONSULTANT shall coordinate with the
CITY and prepare meeting agendas. The agenda shall be submitted to the CITY at least five days
prior to any scheduled meeting. Meetings shall generally be held at the CONSULTANT'S
location, unless the CITY directs otherwise.
2.8.1 Kick-Off meeting- A project initiation meeting (kick-off meeting) will be held
to solidify goals, and establish a project schedule and key target dates. This meeting
sets the guidelines for the CITY/CONSUL T ANT correspondence, coordination and
working relationship. A preliminary project schedule will be submitted for review.
The CONSULTANT shall provide a project staffing plan which will include an
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organization chart and description of each person's responsibility. All
CONSULTANT team members will be present at the kick-off meeting. The CITY
will provide to the CONSULTANT all names, addresses, telephone and fax
numbers, and e-mail addresses for those to attend.
2.8.2 The CONSULTANT shall be required to participate in up to 100 hours of meetings
with the CITY, the DISTRICT and representatives from Pinellas County Schools
and Clearwater High School. Meetings will be held at important milestones in the
project. The CONSULTANT will attend the pre-bid meetings, pre-construction
meeting and post -construction meeting. The CONSULTANT will also attend select
training meetings.
2.8.3 Meeting hours will include travel time to and from the meeting. If the total number
of meetings and meeting hours as identified in this Agreement are exceeded,
compensation may be provided in accordance with Section 6 of this Agreement.
2.9 CONSTRUCTION SERVICES (Project Task 8)
2.9.1 Bid Preparation- The CONSULTANT shall attend a pre-bid conference and
record all technical questions asked during the allocated bidder question phase. The
CONSULTANT will prepare one addendum to be issued at the end of the question
period which addresses the questions or comments submitted. The addendum will
be provided to the CITY two days after the designated bidder Q/ A period has ended.
2.9.2 Pre-construction Services- After the CITY executes the contract with the
contractor, the CONSULTANT shall attend the pre-construction meeting. The
contractor will be directed to submit all shop drawings to the CONSUL T ANT no
later than one week after the pre-construction meeting. The CONSULTANT will
review all shop drawings and either approve, reject or conditionally approve them.
2.9.3 Construction Inspection- After the mobilization of the contractor and
commencement of construction, the CONSULTANT will visit the site on a periodic
basis to review the contractor's progress and/or answer design related questions.
The CITY will be provided a minimum 24 hour notice prior to these meetings. The
CONSULTANT shall promptly notify the CITY and DISTRICT in writing of any
discrepancies and/or deviations from the approved plans. Any changes to the
permitted design requested during construction must be approved by the CITY and
DISTRICT and the CONSULTANT prior to implementing any change. The
CONSULTANT shall conduct a final inspection, creating a final punchlist for the
contractor. This punchlist will be the last construction item to complete the project.
This task will be limited to 100 hours of inspection time for periodic review. Any
time required over the 100 hours shall be negotiated with the CITY as an additional
compensation per section 6 of this Agreement.
2.9.4 As-builting and Certification- After all punchlist items have been completed by the
contractor, the CONSULTANT will make final inspection of the project with the
CITY and DISTRICT. Based upon information provided by the CITY and/or the
contractor, the CONSULTANT will prepare record drawings and submit the final
certifications of the project. The CONSULTANT will submit to the CITY one set
of reproducible original record drawing vellums and AutoCAD floppies. The
DISTRICT will be provided copies of the same.
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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 and the DISTRICT to confirm that the submittal is complete. Incomplete submittals
shall be returned to the CONSULTANT.
3.1.1 Invoicing from the CONSULTANT 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 PROJECT 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 CONSULTANT 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
Environmental Management, and at no additional cost to the CITY, any and all
deficiencies in the preparation of the reports for this PROJECT resulting from errors
or omissions at such time and whenever the deficiencies may become known. Final
acceptance by the CITY of PROJECT 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
The CONSULTANT shall prepare a submittal schedule for the PROJECT as a part of the proposal.
Prior to the pre-commencement meeting, the CONSULTANT shall develop and submit a
PROJECT schedule for review and approval by the CITY and DISTRICT.
The CONSULTANT shall provide a Work Plan that includes project personnel, budget per task,
timelines per task/activity, quality assurance/quality control procedures, and other pertinent
information.
The CONSULTANT shall provide interim work products (preliminary engineering reports, 30%,
60%, 90% plans, etc.), as applicable for review and comment. Upon completion and written
acceptance of the final design by the CITY and DISTRICT, the CONSULTANT shall provide
reproducible mylar drawings for the PROJECT to the CITY. The CONSULTANT shall, upon
completion of all work products provide one (1) copy of all reports, maps, modeling on computer
disk, construction plans, and other documents to the CITY and DISTRICT.
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SECTION 4
SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following for the CONSULTANT's use and guidance:
4.1 Copies of all existing drainage studies and plans, computer information, existing maps,
existing aerial photographs, as built construction plans and other available information
and dat~ pertinent to the PROJECT which the CITY and DISTRICT may have in their
possessIOn.
4.2 Copies of Clearwater Stormwater and Utility Atlas Maps.
4.3 Reproducibles of any standard drawings applicable to the PROJECT.
4.4 Topographic survey of the project area.
SECTION 5
PROGRESS REPORTS
5.1 Subsequent 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.
5.2 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.
5.3 All progress reports and invoices shall be mailed to the attention of the CITY's Project
Manager, Environmental Management, City of Clearwater, P.O. Box 4748, Clearwater,
Florida 34618-4748.
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SECTION 6
COMPENSATION TO THE CONSULTANT
6.1 The CONSULTANT shall be compensated for all services rendered under this Agreement
in accordance with the provisions of Schedule 1 (to be added).
6.2 Services described and provided for under Section 2.0 will constitute the BASIC
SERVICES provided for in this Agreement. For the BASIC SERVICES provided for in
this Agreement, the CITY agrees to pay the CONSULTANT a fee of $65,800 which
amount shall constitute the total BASIC FEE. The BASIC FEE shall be the total and
complete amount payable to the consultant for the performance of the BASIC SERVICES,
and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses
incurred in the performance of the BASIC SERVICES.
In the event that this Agreement is terminated under the provisions of this contract the total
and complete compensation due the consultant shall be as established by the CITY based
on its determination of the percentage of Basic Services work effort completed to date of
termination.
6.3 Contingency services - When authorized in writing by the CITY, the CONSULTANT shall
furnish services such as revisions to schematic plans, additional surveying, etc. that may
result from the desires of affected property owners, or utility owners, or from other
unforeseen circumstance resulting in minor changes in the PROJECT scope.
The CITY agrees to pay the CONSULTANT, a negotiated fee based on the work to be
performed under contingency services, up to an amount not to exceed ten percent of the
BASIC FEE.
6.4 Additional Services - When approved as an amendment to this Agreement, and authorized
in writing by the CITY, the CONSULTANT shall provide such additional services as may
become necessary because of changes in the services delineated in Section 2.
The CITY agrees to pay the CONSULTANT a negotiated total fee based on the work to be
performed under additional services.
SECTION 7
SCHEDULE OF PAYMENTS
The CITY shall make monthly payments to the CONSULTANT in accordance with the following
terms:
7.1 The CONSULTANT shall submit, with each of the monthly progress reports provided for
under Section 6.2, three (3) copies of an invoice for fees for work accomplished. The
invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to
the percentage of the total BASIC SERVICES work effort completed as reflected by the
progress report.
7.2 Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to the CONSULTANT for correction.
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SECTION 8
PERIOD OF SERVICE
8.1 The CONSULTANT will begin work promptly after receipt of a fully executed copy of this
Agreement; such receipt shall constitute written notice to proceed.
8.2 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 1 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.
SECTION 9
INSURANCE REQUIREMENTS
9.1 Workers Compensation and Employers Liability - The CONSULTANT shall procure and
maintain, for the life of this 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.
9.2 General Liability - The CONSULTANT shall procure and maintain, for the life of this
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.
9.2.1 This policy shall provide coverage for death, bodily injury, personal injury or
property damage that could arise directly or indirectly from the performance of this
Agreement.
9.2.2 The minimum limits of coverage shall be $500,000 Per Occurrence Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
9.2.3 The CITY, DISTRICT and School Board of Pinellas County shall be included and
identified as an Additional Insured under the policy/certificate of insurance.
9.3 Business Automobile Liability - The CONSULTANT shall procure and maintain, for the
life of the Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be a $300,000 Per Occurrence, Combined Single
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" type policy. Coverage shall be no more restrictive that the latest edition of the
Business Automobiles Policies of the Insurance Services Office.
9.4 Indemnity - The CONSULTANT shall defend, indemnify, save and hold the CITY
harmless from any and all claims, suits, judgments and liability for death, personal injury,
bodily injury or property damage arising directly or indirectly from the performance of this
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Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or
other legal expenses. The CONSULTANT acknowledges that it is solely responsible for
complying with the terms of the Agreement.
9.5 Professional Liability - The CONSULTANT shall furnish proof of Professional Liability
(Errors & Omissions) coverage on an occurrence or claims-made form with a retro-active
date inception of contract with CITY or earlier. The minimum limits of coverage shall be
$500,000 per occurrence, with deductible or self-insured retention (S.I.R.) indicated.
9.6 Supplemental Provisions
9.6.1 The insurance coverages 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.
9.6.2 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.
9.6.3 Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other
similar document, does not constitute acceptance or approval of amounts or types of
coverages which may be less than required by this Agreement.
9.6.4 The CITY may at its option require a copy of the CONSULTANT's Insurance
Policies.
9.6.5 All insurance policies required with this Agreement shall provide full coverage from
the first dollar of exposure unless otherwise stipulated. No deductibles will be
accepted without prior approval from the CITY.
9.6.6 Safety and Health Requirements
a. 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
CONSULTANT.
b. 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 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 CONSULTANT
performance.
c. 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
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appropriate Federal, State, and local regulations or CITY safety and health
standards.
SECTION 10
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 is required prior to the
execution of this Agreement.
SECTION 11
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 CONSULTANT shall
be paid in accordance with the provisions of Schedule 2 for all work performed up to the date of
termination.
SECTION 12
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
CONSUL T ANT 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.
SECTION 13
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.
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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:
Rita Garvey
Mayor-Commissioner
Approved as to form
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John Carassas
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
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Michael Roberto
City Manager
Attest:
By:
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e ( {- (V)/f> reps
Attest:
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SCHEDULE 1
FEE PROPOSAL FOR THE ALLEN'S CREEK EXPERIMENTAL
WATER QUALITY DEMONSTRATION PROJECT
The following is an estimation of fees based upon tasks outlined in Section 2 of this CONTRACT.
In no case will billings exceed this estimated project cost without the express written permission of
the City of Clearwater. Work may be performed outside the scope of services on the written
direction of the City of Clearwater and the additional compensation negotiated as described in
Section 6 of this Contract. Invoices will be submitted on a monthly basis for work completed to
date.
TASK DESCRIPTION
TASK TOTALS
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