HomeMy WebLinkAbout1998 - Structural Engnieer Date:
Supplemental Agreement No. 1
Barber Street Bridge
"FURTHER DESCRIPTION OF PROFESSIONAL SERVICES AND RELATED
MATTERS" Reference is made to the "Professional Services Agreement" dated
July 16, 1998 between the City of Sebastian (City) and Kimley-Horn and
Associates, Inc. (Consultant).
PROJECT NAME: Barber Street Bridge Widening & Safety Improvements
Design
SCOPE OF WORK:
TASKS:
Conduct the engineering and prepare the construction
plans and specifications for implementation of Barber
Street Bridge in accordance with Exhibit 2 attached to this
document.
1 - Site Evaluation
2 - Preparation of Construction Documents
3 - Submittal and Approval by City of Sebastian
4 - Meetings
5 - Construction Assistance
PROFESSIONAL FEES:
Lump Sum Fee of $30,000 for Tasks 1-4 Task 5 will be on an
houdy basis.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first written above.
City: Consultant:
THE CITY QF S,E;BASTIAN
Name:Thomas Frame
Title: City Manager
Kimley-Horn and Associates
Name: Thomas W. Farnan, P.E.
Title: Senior Engineer
Address for giving notices:
1225 Main Street
Sebastian, FL 32958
Address for giving notices:
4431 Embarcadero Dr.
West Palm Beach, FL 33407
Kimley-Horn
and Associates, Inc:
EXHIBIT 2
Scope of Services
Task 1 - Site Evaluation, Coordination and Bridge Concept
We will perform an on site review of the existing Barber bridge over Elkham to
verify existing conditions and note any conditions that may affect the design,
repair, and widening of the bridge. We will take field measurements for the
purpose of determining quantities and removal of existing pipe handrails.
Task 2 - Preparation of Construction Documents
We will prepare the contract documents (Plans and Technical Specification) for
the bridge widening based of widening about the centerline of the existing bridge
in order to accommodate two through lanes, a two-way lef[ mm lane, an 8 foot
bike and pedestrian path on the west side of the bridge, and a utility shelf on the
east side of the bridge. The bridge contract documents will be in accordance with
the Florida Department of Transportation (FDOT) Structures Design Guidelines
(1987 through revision H) and AASHTO "Standard Specifications for Highway
Bridges." (16~ Edition, 1996 with Interim through 1997). The contract
documents will be produced in "English" system of measure. The plans will be
produced using Intergraph Microstation on 1 l"x17" sheets and will consist of
bridge plans only. No roadway plans or utility relocation are included in this
exhibit.
Specifications for the bridge will be the 1991 Standard Specification for Road and
Bridge Construction, 1994 Supplemental Specifications to 1991 Standard
Specifications for Road and Bridge Construction and FDOT Special Provisions
that have superseded the 1991 and 1994 Standard Specifications. Special
Provisions will be produced for any work not covered by FDOT Specifications.
Task 3 - Submittal and Approval by City of Sebastian
We will submit up to five copies of the contract documents to the City for their
review, comments and approval. We will meet with the City to discuss and major
Page 7
Kimley-Horn
and Associates, Inc.
comments, if any, and will incorporate mutually agreed upon issues into the
contract documents.
Task 4 - Meetings
We will be available for up to two meetings with the City. These meetings are
for coordination, field reviews and reviews of the Contract Documents.
Task 5 - Construction Assistance
The services to be provided during this task include representation at the pre-bid
meetings, responding to Contractor inquires, reviewing bids, and assistance to the
City in selecting a qualified Contractor. Upon award, we will attend any pre-
construction meetings with the Contractor and the City.
During construction, our services may include reviewing the required shop
drawings (including one re-submittal of such), conducting field site reviews to
oversee and monitor the construction progress, and reviewing Record Drawings of
the as-built conditions furnished by the Contractor. At substantial completion
stage, a walk-through will be conducted to prepare a final punch list to aid the
City in the closeout of the project.
Information to be provided by the City of Sebastian
The City will provide the following information to Kimley-Hom and Associates,
Inc.,
- All necessary survey and right of way information to design and prepare the
bridge widening contract documents
- All utility information, sizes, types, etc. that will be supported on the bridge.
The City will coordinate utility relocations.
- All relevant existing reports such as engineering, environmental, hydraulic, etc.
that are relevant to tiffs project.
It is our understanding that the City will acquire all necessary permits fi.om the
Water Management District. It is our understanding that no increase in mn-off
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Kimley-Horn
and Associates, Inc,
water from the bridge deck can be directly disposed of into the waterways.
Schedule
We propose the following schedule to complete our scope of services as
expeditiously as reasonably possible.
A. Submit Contract Documents ........................... 12 weeks from Notice to
Proceed
B. Incorporate City of Sebastian Comments ........ 2 weeks from receipt of
Comments and major issues
are resolved
C. Construction Assistance .................................... On as needed basis
Fee
We will accomplish the service outlined in this eydfibit for the lump sum fee of
$30,000.00 including expenses.
Construction Assistance services should they be authorized by the City, would be
accomplish on the basis of our hourly billing rates in effect at the time the services
are provided plus an amount to cover certain direct expenses for the project which
would include in-house duplicating, facsimile, mileage, telephone, postage, in-
house blueprinting, and word processing.
Closure
All fees and times stated in this agreement are valid for 60 days after the date of
agreement by the Engineer.
We are prepared to begin work on this project immediately and will be happy to
P~e9
Kimley-Horn
and Associates, Inc.
answer any questions relative to these services. We appreciate this opportunity to
submit this scope and fee. Please contact me if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATED, INC.
Thomas W. Farnan, P.E.
Senior Structural Engineer
Claude M. Gentil, P.E.
Project Manager
P~elO
ORIglI L
PROFESSIONAL SERVICES AGREEMENT
STRUCTURAL ENGINEER
(BRIDGES)
THIS AGREEMENT made this 16th day of J_uJj~l~9_~, by and
between the CITY OF SEBASTIAN, a municipal corporation of the
State of Florida, 1225 Main Street, Sebastian, Florida, 32958,
("City") and Kimlev-Horn and Associates, Inc.. a r h lin
corporation authorized to do business in the ~,
4431 Embarcadero Drive. West Palm Beach. Florida, ("Consultant.")
WHEREAS, the City desires to engage a consultant who has
special and unique com!petence and experience in providing Florida
Licensed Structural Engineering services for the refurbishment of
certain bridges for the City of Sebastian ; and,
WHEREAS, the Consultant represents that it has such competence
and experience in providing these services; and,
WHEREAS, the City in reliance on such representation
selected the Consultant in accordance with its procedure
selection of Consultants; and,
has
for
IT IS, THEREFORE, AGREED as follows:
1. Recitals, The above recitals are incorporated herein as
if set forth in their entirety.
WHEREAS, the City and the Consultant desire to reduce to
writing their understanding and agreements on such professional
services.
Request
pages one (1) thru seven (7),
Aareement Document:
(a) The Agreement Documents consist of this Agreement,
for Proposal Invitation, Exhibit #1, Request for Proposal
and all attachments stipulated
therein including Bridge Inspection Reports,
issued after execution of this Agreement if any,
Agreement(s) after execution of this Agreement
and modifications
and Supplemental
if any.
The intent of the Agreement Documents is to include all items
necessary for the proper execution and completion of the Work by
the Consultant; performance by the Consultant shall be required
only to the extent consistent with the Agreement Documents and
reasonably inferable from them as being necessary to produce the
intended results.
(b) The Agreement shall not be construed to create a
contractual relationship of any kind between the City and any
sub-Consultant(s), or, between any person or firm other than the
City and Consultant.
(c) This Agreement is not an exclusive agreement and
the City may employ other consultants, professional or technical
personnel to furnish services for the City as the City in its sole
discretion finds is in the public interest.
3. Employment of Consultant: The City hereby agrees that
it may engage the Consultant and the Consultant hereby agrees to
perform professional services for the City in accordance with this
Agreement. The Consultant shall furnish planning, programming,
engineering and technical management services as stipulated in
Exhibit 1, at the stated rates and costs therein.
As specifically assigned by the City from
required in connection with the planning and
time to time as
development of
various City improvements, the Consultant may furnish planning,
programming, engineering and technical management services in
addition to Tasks 1 through 4 in Exhibit 1.
Each individual additional assignment shall be the subject of
a separate agreement, written in the City's standard format for
the type of services involved, supplemental to this Agreement, and
shall be designated "Supplemental Agreement No ", the "nunuber"
being in accordance with the sequence in which the assignments are
made.
The breach of any material condition of any Supplemental
Agreement by the Consultant shall be considered a breach of a
material condition of this Agreement, and shall constitute grounds
for the termination by the City of this Agreement and all
Supplemental Agreements in effect at the time of the breach.
The Supplemental Agreements shall require
the Consultant and the City Manager.
4. Protect Schedules: The Consultant
services outlined under Paragraph 3 of this
specifically established in subsequent
the signature of
shall perform the
Agreement and as
Supplemental Agreements in
a timely manner consistent with the assignment schedules as
mutually agreed upon by the City and the Consultant commencing
upon written authorization by the City to proceed with the
assigrument and terminating upon completion of the Project.
5. Joint Cooperation:
is agreed and understood by
collaboration and cooperation
Consultant with representatives of the city,
By acceptance of this agreement it
the Consultant that close
shall be maintained by the
and the City will be
City
any time.
granted a conference.
entitled at all times to be advised, at its request, of the status
of work and of the details thereof. The City shall furnish to the
Consultant all pertinent existing information deemed necessary by
the Consultant to be relevant to the execution of the Work. The
will have the right to inspect the Work of the Consultant at
Either party to this Agreement may request and be
6. Claims: Claims arising from changes or revisions made by
the Consultant at the City's request shall be presented to the
City before work starts on the changes or revisions. If the
Consultant deems that extra compensation is due for the work not
covered herein, or in a Supplemental Agreement, the Consultant
shall notify the City in writing of its intention to make claim
for extra compensation before work begins on which the claim is
based. If such notification is not given and the City is not
afforded by the Consultant a method acceptable to the City for
4
keeping strict
waives its request
obligated to pay the
account of actual cost, then the Consultant hereby
for such compensation. The City is not
Consultant if the City is not notified as
described above. The Consultant may refuse to perform additional
work requested by the City until an appropriate agreement is
executed by the parties. Such notice by the Consultant and the
fact that the City has kept account of the costs as aforesaid
shall not in any way be construed as providing the validity of the
claim.
7. ~ The provisions of this Agreement may be
terminated by the City with or without cause. If terminated
without cause by the City, at least thirty (30) days written
notice of such termination shall be given to the Consultant.
(1) In the event the City without cause abandons,
terminates or suspends this Agreement, the Consultant shall be
compensated for services rendered up to the time of such
termination on a quantum meruit basis and documents generated by
the Consultant shall remain the property of the City as outlined
in Paragraph 13.
(2) In the event the Consultant terminates this
Agreement without cause, all work done, tracings, plans,
specifications, maps, computer programs and data prepared by the
Consultant under this Agreement shall be considered property of
the City. The City may enter into an agreement with others for
the completion of the work under this Agreement and the Consultant
shall be held harmless for the work of others.
8. Compensation: The City will pay the Consultant in
accordance with the applicable Supplemental Agreement covering the
specific assignment involved. For the purposes of this Agreement,
lump sum fees or average hourly rates, as shown in Exhibit #1
shall be binding and used as a basis for compensation with
reimbursable rates added to determine total fee compensation for
each assignment.
9. Payment: The Consultant shall submit monthly invoices
for services rendered. The invoices will be based upon work
actually completed at the time of billing. A ten percent (10%)
retainage may at the discretion of the City be withheld from each
payment and paid upon satisfactory completion of the project as
determined by the City. The Consultant and the City understand and
agree that no additional work shall be compensated for under this
Agreement unless such work is covered by a written Supplemental
Agreement which is executed by the Consultant and the City Manager
and contains a scope of work, time schedule and basis of
compensation.
10. Reimbursement of Costs: The Consultant shall obtain
approval from the City Manager prior to incurring any travel or
lodging expenses on behalf of the City. Travel expenses for the
Consultant, when authorized, shall be paid in accordance with
6
Section 112.061 of the Florida Statutes.
11. Term: This Agreement shall commence on the day it is
executed by both parties and the term of the Agreement shall
extend until the completion of the project, or as otherwise
provided by written Supplemental Agreement.
12. Covenant Amainst Continaent Fees:
warrants that he has not employed or retained
The Consultant
any company or
person, other than a bona fide employee working solely for the
Consultant to solicit or secure this Agreement and that he has not
paid or agreed to pay any person, company, corporation, individual
or firm, other than a bona fide employee working solely for the
Consultant any fee, commission, percentage, gift or any other
consideration
making of
paragraph,
Agreement without
contingent upon or resulting from the award or
this Agreement. For the breach or violation of this
the City shall have the right to terminate the
liability and, at its discretion, deduct from
the Agreement price, or otherwise recover, the full amount of such
fee, commission, percentage, gift or consideration.
13.
other material produced in whole
shall be subject to copyright by the Consultant,
States or in any other country. The City or its
have the unrestricted authority to publish,
and otherwise use, in whole or in part,
Riaht to Work Products: No reports, data, programs or
or in part under this Agreement
in the United
assigns shall
disclose, distribute
any reports, data,
7
programs
tracings,
prepared
or other material prepared under this Agreement. Ail
plans, specifications, maps, computer programs and data
or obtained under this Agreement shall remain the
property of the City and are strictly for use on this project.
Any use of any plans and specifications by the City except the use
reasonably contemplated by the City at the time the City entered
this Agreement will be at the City's risk and Consultant, its
officers, directors and employees will be held harmless from such
use.
14. Personnel: The Consultant represents that it will
secure at its own expense all personnel and sub-Consultants
required for services which are necessary as described under the
Agreement Documents. Ail services shall be performed by the
Consultant or sub-Consultant and all persons engaged in work under
the Agreement shall be qualified to perform such services and
authorized under federal, state and local
services. Personnel who perform services
shall not be employees of the City.
15. ResPonsibilitY of the Consultant:
(a) The Consultant shall be
professional quality, technical accuracy,
the coordination of all designs, drawings,
and other services furnished by the
Agreement.
laws to perform such
under this Agreement
responsible for the
timely completion, and
specifications, reports
Consultant under this
The Consultant shall, without additional compensation,
correct or revise any errors or deficiencies
specifications, reports and other services.
(b) Approval by the City of drawings,
in his drawings,
specifications ,
reports and incidental work or materials furnished hereunder shall
not in any way relieve the Consultant of responsibility for the
technical adequacy of the Work unless work product was based upon
errant information provided by the City or its representatives.
The City's review, approval or acceptance of or payment for, any
of the services shall not be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising
out of the performance of this Agreement, and the Consultant shall
be and remain liable in accordance with applicable law for damages
to the City caused by the Consultant's negligent performance of
any of the services furnished under this Agreement.
(c) The rights and remedies of the City provided for
under this Agreement are in addition to any other rights and
remedies provided by law.
16. Subcontracts and Assignability: The Consultant shall
not assign any interest in the work of this Agreement and shall
not transfer any interest
consent of the City. Any
in the same without the prior written
sub-contracts or other work which is
performed by persons or firms other than the Consultant under this
Agreement or any work orders shall have prior written approval of
the City Manager. Any sub-contracts or outside associates or
9
Consultants required by the Consultant in connection with services
covered by this Agreement or any work orders must be specifically
approved by the City Manager.
17. Truth-In-Negotiation: In accordance with the provisions
of Chapter 287.055, Florida Statutes, the Consultant agrees to
execute a truth-in-negotiation certificate and agree the original
contract price and any additions may be adjusted to exclude any
significant sums by which the contract price was increased due to
inaccurate, incomplete or noncurrent wage rates and other factual
unit costs.
18. Interest of Members of City and Oth~r~: No officers,
members or employees of the City and no members of its governing
body, and no other public official of the governing body of the
locality or localities in which services for the facilities are
situated or carried out, who exercises any functions or
responsibilities in the review or approval of the undertaking or
carrying out of this project, shall participate in any decision
relating to this Agreement which affects his personal interest, or
have any personal or pecuniary interest, direct or indirect, in
this Agreement or the proceeds thereof.
19. Certification of Restrictions on Lobbying: The
Consultant agrees that no Federal appropriated funds have been
paid or will be paid by
person for influencing or
employee of any Federal
or on behalf of the Consultant to any
attempting to influence any officer or
agency, a member of Congress, an officer
l0
or employee of Congress or an employee of a member of Congress in
connection with the awarding of any Federal contract, the making
of any Federal Grant, the making of any Federal loan, the entering
into of any cooperative agreement and the extension, continuation,
renewal, amendment or modification of any Federal contract, Grant,
loan or cooperative agreement.
If any funds other than Federal appropriated funds have been
paid by the Consultant to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with any FDOT Joint
Participation Agreement, the undersigned shall complete and submit
Standard Form- "Disclosure Form to Report Lobbying" in accordance
with its instructions.
20. Interest of Consultant: The Consultant covenants that
he presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree
with the performance of services required to be performed under
this Agreement. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest
shall be employed. The Consultant shall not und~rtake any
professional work which conflicts with his duties as the City's
Consultant without the prior written consent of the City during
the term of this Agreement. Any work where the Consultant can
reasonably anticipate that it may be called to testify as a
witness against the City in any litigation or administrative
proceeding will constitute a conflict of interest under this
Agreement.
21. Compliance With the Law: The Consultant expressly
agrees to comply with all known laws and regulations relating to
providing services under this Agreement. The failure of the
Consultant to adhere to any known law or regulation pertaining to
furnishing services under this Agreement shall constitute a
material breach of this Agreement.
22. Waiver: The waiver by the City of any of Consultant's
obligations or duties under this Agreement shall not constitute
a waiver of any other obligation or duty of the Consultant under
this Agreement.
23. Public Entity: The Consultant shall file a sworn
statement which is attachment entitled PUBLIC ENTITY CRIMES,
stating whether a person or affiliate as defined in Section
287.133 (1) Florida Statutes, has been convicted of a public
entity crime subsequent to July 1, 1989, in accordance with the
provisions of section 287.133 of the Florida Statutes.
24. Releases: Upon the satisfactory completion of any Work
performe ~ under a work order and prior to final payment under such
work order for the work, or prior to settlement upon termination
of this Agreement and as a condition precedent thereto, the
Consultant shall execute and deliver to the City a release of all
claims against the City arising under or by virtue of the work
order.
25. In ' i i :
save harmless and defend
The Consultant shall indemnify and
the City, its agents, servants, and
employees from and against any and all claims, liability, losses,
or causes of action which may arise from any misconduct, negligent
act, or omission of the Consultant, its agents, servants or
employees in the performance of services under this Agreement.
The City shall, to the extent permitted by law, indemnify and
save harmless and defend the Consultant, its agents, servants, and
employees from and against any and all claims, liability, losses,
or causes of action which may arise from any misconduct, negligent
act or omission of the City, its agents, servants or employees in
the performance of services under this Agreement.
As specific consideration for the indemnification provided
the City by the Consultant hereunder, the City shall pay the
amount of one ($1.00) by credit upon receipt by the Consultant
of this signed Agreement.
26. Drua-Free Workplace: The Agreement documents also
consist of the "Drug-Free Workplace Form" which is in accordance
with Florida Statute 287.089 and must be signed.
27. Citv's's Responsibilities:
(A) The City shall designate a representative
authorized to act on the City's behalf with respect to the
Project. The City or such authorized representative shall render
decisions in a timely manner pertaining to documents submitted by
13
the Consultant in order to avoid unreasonable delay in the orderly
and sequential progress of the Consultant's services.
(B) Prompt written notice shall be given by the City to
the Consultant if the City becomes aware of any fault or defect in
the Project or nonconformance with the Agreement Documents.
the Project is suspended by the City
(c) If for more
than thirty (30) consecutive days, the Consultant shall be
compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Consultant's
compensation shall be equitably adjusted to provide for expenses
incurred in the interruption and resumption of the Consultant's
services.
(D) Failure of the City to make payments to the
Consultant in accordance with this Agreement shall be considered
substantial nonperformance and cause for termination.
(E) In the event of termination not the fault of the
Consultant, the Consultant shall be compensated for services
performed prior to termination, together with Reimbursable
Expenses then due.
(F) If the Basic Services covered by this Agreement have
not been completed within the time stipu3ated , through no fault
of the Consultant, extension of the Consultant's services beyond
that time shall be allowed without penalty.
(G) Payments are due and payable thirty (30) days from
the date of the Consultant's invoice. Amounts unpaid sixty (60)
days after the invoice date shall bear interest at the legal rate
prevailing from time to time at the principal place of business of
the Consultant.
28. v' w: This Agreement shall be governed by the
laws of the State of Florida, and venue for any action pursuant to
the Agreement Documents shall be in Indian River County,
29. Amreement Construed:This Agreement shall
construed against the party who drafted the same,
Florida.
not be
as both parties
have obtained experts of their choosing to review the legal and
business adequacy of the same.
30. Insurmnce Requirements: The Consultant agrees to carry
insurance, of the types and subject to the limits as set forth
below and maintain said insurance during the life of this
agreement:
(A) Workers' Compensation - Consultant shall purchase
workers insurance as required by law.
(B) Commercial General Liability - Consultant shall purchase
Commercial General Liability insurance with a combined
single limit of at least $1,000,000.
(c) Commercial Auto Liability - Consultant shall purchase
Commercial Auto Liability insurance with a cormbined
single limit of at least $1,000,000.
(D) Professional Liability Insurance - Consultant shall
purchase Occurrence form Professional Liability
Insurance (Claims-Made) for the services to be rendered
with a limit of not less than $250,000.
The insurance company selected shall be A+ or better per the
Best's Key Rating Guide. The Consultant and the insurance
company(s) shall agree to furnish the City thirty (30) days
written notice of their intent to cancel or terminate said
written agreements,
understandings not
Documents.
insurance. It is the full responsibility of the Consultant to
insure that all sub-Consultants have full insurance coverage as
stated above.
31. Entire and Sole Amreement: Except as specifically stated
herein, the Agreement Documents constitute the entire agreement
between the parties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Agreement Documents. Neither party
has in any way relied, nor shall in any way rely upon any oral or
representations, warranties, statements or
specifically set forth in the Agreement
32. Amendments: The parties may modify this agreement at any
time by written agreement. Neither the Agreement Documents nor any
term thereof may be changed, waived, discharged or terminated
orally, except by an instrument in writing signed by the party
against which enforcement of the change, waiver, discharge or
termination is sought.
THIS SPACE LEFT BLANK INTENTIONALLY. AGREEMENT CONTINUED NEXT
PAGE.
16
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
A~ST: _
K
athryn M. O'Hall%ra~
CMC/AAE, City Clerk
THE CITY OF SEBASTIAN
Name: Thomas W. Frame
Title: City Manaaer
(SEAL)
Approved to form and content:
Valerie F. Settles, City Attorney
........................... CONSULTANT .........................
Signed, sealed and delivered
in the presence of:
Ki~ulev-Horn andAssociates.
Inc.
NAME: ~ ~~ By:
Name:
Thomas W. Farnan
Senior Engineer
(SEAL)
17
City of $cbasda~
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 388-8200 [] FAX (561) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
June 25, 1998
I/alerie Settles, City Attorney
q~Paul }Fagner, Ass~ To the City Manager/t~urchasing Agent
Professional Services Agreement (Structural Engineer)
The attached Professional Services Agreement / Structural Engineer (Bridges) is for your
review and approve as to legal form and sufficiency. Please advise.
Thanks
/jmt
Kimley-Horn
and Associates, Inc,
EXHIBIT 1
Scope of Services
Task 1 - Site Evaluation, Coordination and Bridge Concept
We will perform an on site review of the following bridges: Periwinkle over
Elkham; Englar over Elkham, Fleming over Collier; and Barber over Collier. The
site reviews are to verify existing conditions and note any conditions that may
affect the design and repair &the bridges. We will take field measurement for the
purpose of estimating quantities and to determine the location of current standard
concrete barriers on each bridge. We will review any existing permits from the
governing Water Management District and note any conditions that may affect the
method in which the bridges are repaired.
Task 2 - Preparation of Construction Documents
We will prepare the contract documents (Plans and Technical Specifications) for
the bridge repairs based on the most suitable bridge geometry determined from
Task t. The bridge contract documents will be in accordance with the Florida
Department of Transportation (FDOT) Structure Design Guidelines (1987 through
Revision H) and AASHTO "Standard Specifications for Highway Bridges" (15th
Edition, 1992 with Interim through 1995). The contract documents will be
produced in "English" system of measure. The plans will be produced using
Intergraph Microstation on 1 l"xl 7" plan sheets.
Specifications for the bridge will be the 1991 Standard Specifications for Road
and Bridge Construction, 1994 Supplemental Specifications to 1991 Standard
~Specifications for Road and Bridge Construction and FDOT technical special
provisions that have superseded the 1991 and 1994 Standard Specifications.
Special Provisions will be produced for any work not covered by FDOT
Specifications.
The design for repairs in this task shall consist of Plans for the removal of
existing substandard railings and construction of current standard concrete
barriers; Guardrail and Anchorage Plans: Details for the repair of longitudinal
deck joints: and repair of spalled concrete areas as identified in Task 1.
Page 2
"EXHIBIT 1"
Kimley-Horn
and Associates, Inc.
Task 3 - Submittal and Approval by City of Sebastian
We will submit up to 5 copies of the contract documents to the City for their
review, comments and approval. We will meet with the City to discuss any major
comments, if any, and will incorporate mutually agreed upon issues into the
contract documents.
Task 4 - Meetings
We will be available for up to 3 meetings with the City. These meetings are for
coordination, field reviews and reviews of the Contract Documents.
Task 5 - Construction Assistance
The services to be provided during this task include representation at the pre-bid
meetings, responding to Contractor inquires, reviewing bids, and assistance to the
City in selecting a qualified Contractor. Upon award, we will attend any pre-
construction meetings with the Contractor and the City.
During construction, our services may include reviewing the required shop
drawings (including one re-submittal of such), conducting field site reviews to
oversee and monitor the construction progress, and reviewing Record Drawings of
the as-built conditions furnished by the Contractor. At substantial completion
stage, a walk-through will be conducted to prepare a final punch list to aid the
City in the closeout of the project.
Information to be provided by the City of Sebastian
The following information will be provided by the City to Kimley-Horn and
Associates, Inc.,
- All necessary survey and fight of way infon'nation to design and prepare the
bridge contract documents
- All utility information, sizes, types, etc. that will be supported on the bridge,
- All relevant existing reports such as engineering, environmental, hydraulic, etc.
that are relevant to this project.
- All geoteclmical reports related to this bridge project site.
Page 3
"EXglIIIlT 1"
~"~ Kirnley-Horn
and Associates, Inc.
It is our understanding that the City will acquire all necessary permits from the
Water Management District. It is our understanding that no increase in run-off
water from the bridge deck can be directly disposed of into the waterways.
Additional Services
In addition to the tasks listed above we suggest the City consider the following
additional services:
· Item A - Widening of Englar Bridge over Collier Creek
We would provide plans and contract documents to widen the sidewalk on
the south side of the bridge to increase the width to approximately 5 feet. The
plans would include roadway widening and striping.
· Item B - Repair Asbestos Bulkhead at Periwinkle Bridge over Elkham
We would provide an on site inspection of the asbestos bulkhead by a
certified asbestos technician and coordinate a repair with the Water Management
District.
· Item C - Improvements to Asbestos Bulkhead at Fleming Bridge
We would provide an on site inspection of the asbestos bulkhead by a
certified asbestos technician and produce plans and contract documents to cast a
concrete retaining wall between the piles directly under the bridge in order to
prevent further erosion of the roadway embankment. We would coordinate a
repair of the broken section of asbestos sheetpiles adjacent to the bridge with the
Water Management Dislrict.
In addition we are available to provide, as requested and authorized by you,
additional services that require analyses or design beyond those described above.
These additional services may include, but not limited to:
· General Civil Engineering
- Structural Engineering
- Traffic Planning
- Signal Design and Analysis
- Landscape Architecture
- Site Planning
- Building Inspection
- Pavement Design
Page 4
"EXHIBIT 1"
Kimley-Horn
and Associates, Inc,
- Drainage Design
- Environmental Engineering
- Electrical Engineering Services
- Mechanical Engineering Services
- Laboratory Testing/Geotechnical Services
- Permitting
- Construction Assistance
Schedule
We propose the following schedule to complete our scope of services as
expeditiously as reasonably possible.
A. Submit Contract Documents ........................... 8 weeks from Notice to
Proceed
B. Incorporate City of Sebastian ......................... 1 weeks from receipt of
conunents and major issues
are resolved
C. Construction Assistance .................................... On as needed basis
Fee
We will accomplish the service outlined in Tasks 1 through 4 for the lump sum
fee of $24,600.00 including expenses.
Construction Assistance services shown in Task 5, should they be authorized by
the City, would be accomplish on the basis of our hourly billing rates in effect at
the time the services are provided plus an amount to cover certain direct expenses
for the project which would include in-house duplicating, facsimile, mileage,
telephone, postage, in-house blueprinting, and word processing.
Plans and Contract Documents for the widening of the sidewalk on the Englar
Bridge over Elkham Waterway (Additional Services Item A) including roadway
and striping would be performed for the lump sum fee of $9,920.00 including
Page 5
"EXHIBIT 1"
Kimley-Horn
and Associates, Inc.
expenses.
Because the repairs allowed by the Water Management District have not been
determined the engineering work for the repair/improvements to asbestos
bulkheads at Periwinkle and Fleming (Additional Services Items B and C) would
be performed on a time and materials basis, or upon having specific repair
procedures identified a lump sum cost could be negotiated at a later date.
Page 6
"EXRIRIT 1"
~ll~l Kimley-Horn
and Associates, inc.
May 14, 1998
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Atm.: Martha S. Campbell, P.E.
City Engineer
Re: Bridge Repairs
Dear Ms. Campbell
The following are the average billing rates used By Kimley-Hom on structural projects such as yours:
Project Manager $125.00
Engineer $85.00
Analyst $75.00
CADD Technician $55.00
Clerical $45.00
As we discussed in our phone conversation this morning some of the details we prepare such as the
longitudinal deck joint repairs can be applicable to all the bridges while others will need to be site specific
such as the barrier and guardrail plans. We are available to discuss specific details of scope and associated
engineering effort with you at your convenience.
If you have any questions please contact Tom Farnan or me
Very truly yours,
KIMLEY-HORN & ASSOCIATES
Claude M. Gentil, P.E.
TEL 561 845 0665
FAX 561 863 8~75
"EXlqlFIIT 1"
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in
Statute 287.087 hereby certifies that
does:
accordance with Florida
Kimley-Horn and Associates,
Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees
for violations of such prohibition.
Inform employees about the dangers of drug abuse in the
workplace, the business' policy of maintaining a drug free
workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be
imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or
contractual services that are under bid a copy of the
statement specified in Paragraph 1.
In the statement specified in Paragraph 1, notify the
employees that, as a condition of working on the commodities
or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to any
violation of Chapter 1893 or of any controlled substance law
of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such
conviction.
Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free
workplace through implementation of Paragraph 1 through 5.
As the person authorized to sign ~s stat, em~ I c~tify
that ~s~rm complies fully w~~~~ents.
PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response
to this invitation or Agreement, must execute the enclosed form
sworn statement under section 287.133(3)(a), ~, ON
PUBLIC ENTITY CRIMES, including proper check(s), in the space(s)
provided, and enclose it with his quote, bid, or proposal. If you
are submitting a quote, bid or proposal on behalf of dealers or
suppliers who will ship commodities and receive payment from the
resulting Agreement, it is your responsibility to see that
copy(ies) of the form are executed by them and are included with
your quote, bid, or proposal. Corrections to the form will not be
allowed after the quote, bid, or proposal opening time and date.
Failure to complete this form in every detail and submit it with
your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating
Sections 287.132 - 133, Florida Statutes, effective July 1, 1989.
Section 287.132(3) (d), Florida Statutes, requires the Florida
Department of General Services to maintain and make available to
other political entities a "convicted vendor" list consisting of
persons and affiliates who are disqualified from public and
purchasing process because they have been found guilty of a public
entity crime. A public entity crime is described by Section
287.133, Florida Statutes, as a violation of any State or Federal
law by a person with respect to and directly related to the
transaction of business with any public entity in Florida or with
an agency or political subdivision of any other state or with the
United States, including, but not limited to, any bid or Agreement
for goods or services to be provided to any public entity or with
an agency or political subdivision and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
By law no public entity shall accept any bid from, award any
Agreement to, or transact any business in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for category
two (currently $10,000) with any person or affiliate on the
convicted vendor list for a period of 36 months from the date that
person or affiliate was placed on the convicted vendor list unless
that person or affiliate has been removed from the list pursuant
to Section 257.133(3) (f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into
an Agreement (formal Agreement or purchase order) in excess of the
threshold amount of $10,000 to provide goods or services to THE
CITY OF SEBASTIAN, a person shall file a sworn statement with the
Contract/Agreement officer or Purchasing Director, as applicable.
The attached statement or affidavit will be the form to be
utilized and must be properly signed in the presence of a notary
public or other officer authorized to administer oaths and
properly executed.
HE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SNaLn BE
SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOU~
SWORN STATEMENT UNDER SECTION 287.133(3) (a),
~, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Bid, Proposal or
Agreement No. for THE CITY OF SEBASTIAN.
This sworn statement is submitted by
Kimley-Horn and Associates, Inc. (name of
entity ~ubmit~ing sworn statement) whose business address is
4431 EmDarcaaero Dr. West Palm Beach, FL 33407 and
(if applicable) its Federal Employer Identification (FEIN) is
(If the entity has no FEIN, include the
Social Security Number of the individual signing this sworn
statement: .)
My name is ~-~7~ ~. ~/W~ (please
print name of individual signing) ad~_~y relationship to the
entity named above is
e
I understand that a "public entity crime" as defined in
Paragraph 287.133(1) (g), ~_~, means a violation
of any state or federal law by a person with respect to and
directly related to the transaction of business with any
public entity or with an agency or political subdivision of
any other state or with the United States, including, but not
limited to, any bid or Agreement for goods or services to be
provided to any public entity or an agency or political
subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in
Paragraph 287.133(1)(b), ~, means a finding of
guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state
trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of
a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
I understand that an "affiliate" as defined in Paragraph
287.133(1) (a), ~, means:
(1) A predecessor or successor of a person convicted of a
public entity crime; or
(2) An entity under the control of any natural person who is
active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, m-mhers, and agents who are active in
the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when
not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime
in Florida during the preceding 36 months shall be considered
an affiliate.
I understand that a "person" as defined in Paragraph
287.133(1)(e), ~, means any natural person or
entity organized under the laws of any state or of the United
States with the legal power to enter into a binding Agreement
and which bids or applies to bid on Agreements for the
provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with
a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have
marked below is true in relation to the entity submitting this
sw3r~atement. (Please indicate which statement applies.)
~__N~ither the entity submitting this sworn statement, nor
an~ officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of
the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or
more of the officers, directors, executives, partners,
shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crime
subsequent to July l, 1989, AND (Please indicate which
additional statement applies.)
There has been a proceeding concerning the conviction
before a hearing officer of the State of Florida, Division of
Administrative ~earings. The final order entered by the
hearing officer did not place the person or affiliate on the
convicted vendor list. (Please attach a copy of the final
order.)
The person or affiliate was placed on the convicted
vendor list.
Therehas been a subsequent proceeding before a hearing officer of
the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer determined that it was
in the public interest to remove the person or affiliate from the
convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the
convicted vendor list. (Please/~escribe any a~ion t~a~en
or pending with the Department E~ S ces by
~-- ~-~S~ tna~e )
/Date: ~~
STATE OF FLORIDA
co Y OF
The fgre~oing instrument was acknowledged before me ~this
day,;of ,(~ . , 19~by ~. ~ ,,
V~~ . (title) o~ ~half of _~- ~ ~~'
( ....... ~ ........... ~), a ~7 He/~ 'is personally known
to me or has produ~d --~//4 as identification and
did ( did not (~take an oath.
My Co~ission Ex, res:
Co~ission Number:
Client"8:660269 86KIMLEHORI
ACORD CERTIFICATE OF LIABILITY INSURANCE
SDUCER ~ ~b, ~klk~l~ ~ THIS [;~-Kt'IFICA'[E IS ISSUED AS A MAI'FER OF INFORMATION
3&T Insurance Services, Inc.~~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX'rEND OR
23 National Service Road ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.
d Floor
'eensboro, NC 27419 INSURERS AFFORDING COVERAGE NAIC#
URED INSURERA: LexJngtoR Insurance Co. P&C
Kimley-Horn and Associates, Inc. INSURER B:
3001 Weston Parkway INSURERC:
PO BOX 33068 INSURER D:
Raleigh, NC 27636 INSURERE:
)VERAGES
'HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
~NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
4AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I CLAIMS MADE r~ occur MED EXP (Any one PemO~)
PERSONAL & ADV INJURY $
OTHER Professional 983 8770 12109/03 12/09/04 $1,000,000 each claim
Liability
~rida Licensed Structural Engineer RFP No. 001 98
-~RTIFICATE HOLDER CANCELLATION
City of Sebastian Office of City
Clerk
1225 Main Street
Sebastian, FL 32958
AHR ® ACORD CORPORATION t988
GORD 25 I200t/08) t of 2 #M1037606