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LEGAL APPROVAL ~ , Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 R, FCFr'l'J;D: Va...~ _ _--J..s:.. Y ~ RITECO DEVELOPMENT CORPORATION JAN ,~, 1984 PLA1~ 'lli\j~ DEPT. \ - January l8, 1985 City of Boynton Beach POBox 310 Boynton Beach, FL 33435 Attn Carmen Annunziato Dear Carmen Pursuant to Paragraph 24 of the Development Order for the Boynton Beach Park of Commerce, enclosed is the executed contract between Riteco and Kimley-Horn for the preparation of the construction plans and right- of-way maps for the expansion of Congress Avenu~Boynton Beach Boulevard Intersection Sincerely yours, W' .CLC~ Wa e Riley Vice President WR/gd cc Charlie Walker County Traffic Engineer --~ ~--- ---- . II WO[JUiJD@r;jo[J{}@flOD I' ~ _n_________ ____ _ ______D Kim/ey-Horn and Associates, Inc_ 5800 Corporate Way West Palm Beach, Fla. 33407. (305)683-5500 RaleIgh. West Palm Beach. Tampa. Orlando. Nashville. Dallas December 20, 1984 Mr Wade Riley RITECO Development Corporation 1300 West Lantana Road - SUIte 201 Lantana, Florida 33462 RE: Construction Plans and Right-of-Way Maps For Expansion of Congress Avenue/Boynton Beach Boulevard Intersection Dear M r Riley: Kimley-Horn and Associates, Inc. is pleased to submit this proposal to provide engineering services to prepare plans and specifications for roadway improvements at the referenced location. We have reviewed the details of the required improvements; we have discussed the project with staff members of Palm Beach County's Department of Engineering and Public Works; and we have visited the site to determine particulars related to the work. With regard to our discussion with Palm Beach County, we have been informed that they will undertake signing and marking and signalization requirements for the project This condition is as we assumed when we initially (some time ago) made you aware of the work effort and fee requirements. For the purpose of defining the scope of work, we offer the following: A. The intersection improvement wiH expand both roadways (Congress Avenue and Boynton Beach Boulevard) to provide three through lanes, dual left turns and a right turn lane for each approach to the intersection. B. The length of reconstruction for each approach to the intersection will be approximately 500 linear feet. C The scope of work will involve performing field surveys; making preliminary investigations and recommendations; preparation of right-of-way maps and legal descriptions for acquisition of additional rights-of-way; and preparation of roadway and bridge plans with documents and specifications suitable for bidding and construction as a Palm Beach County project. o The design will be conducted and the plans will be prepared in accordance with the latest standards adopted by the American Association of State Highway Officials, Florida State Department of Transportation and requirements of Palm Beach County RITECO/ 127-1 (~--~ '1 II f'-/"7g....:;___,f --':;-..r"' '7 ,7..If _", _-l~ i! I \...~L ;.1JLJ:..<:."lrLru@U!.i1 iJ l I Within the above understandmg, the scope of services we will provide follows: TASK I - FIELD SURVEYS A. Right-of-Way Surveys We wiH review existing right-of-way maps and verify breakdowns of adjacent parcels. In addition, parcel property lines that will be affected by the additional right-of-way taking will be established, as required, and tied to the baseline of survey B. Design Surveys We will conduct field surveys to furnish data required for design and preparation of plans; including, but not limited to the following: 1 Set aerial targets that will be used to produce the aerial plan sheets. 2 Re-establish base lines within the project limits. 3 Tie base lines to section and quarter section lines. 4 Reference base lines control points in order that base lines can be re-established if disturbed or destroyed during construction of the roadway improvements. 5. Establish 100' stations along the survey base lines. 6. Establish temporary benchmarks, as required, based upon NG VD- 1929 Da tum. 7. Obtain topography, as required, to supplement the aerial photography Since most topographic data will be produced by photogrammetry; that which is obscured by overhead cover, or shadow, or that is otherwise unclear will be obtained by field surveys. 8. Take roadway cross sections at 100' stations (or as required) to furnish necessary data for design. 9 Conduct a survey of the existing bridge on Congress Avenue (north of the intersection) to furnish necessary data for design. 10 Conduct drainage surveys, as required, to furnish necessary data for design. j RITE CO/ 127-2 r ~ . 1 'I I ,I fV7~~ ~?--tl -Ji@"7(';';'11 ~~"\...LL LL_ 5'i~o '1..' v L_::"~ 11 Field verify aboveground utilities determmed by photogrammetry. Underground utilities will be determined, as required, for design. T ASK II - PRELlMINAR Y INVESTIGATIONS AND RECOMMENDATIONS A. We will perform preliminary studies and make required analyses to determine the feasibility of including certain design concepts in the project prior to proceeding with preparation of final plans. The preliminary analyses wiH include a functional layout of the project. The layout wiH show the typical section for the various roadway elements, the approximate location of new pavements, connections to existing pavements, and other necessary features to be incorporated in the final design and plans. B. The results of the investigation, designs and layouts described in Section A. above will be prepared in preliminary format on prints and other appropriate media and reviewed with the affected agencies. These results will be used as the basis for development of the final plans. TASK III - DOCUMENTS FOR ACQUISITION OF ADDITIONAL RIGHT-OF-WAY A. Right-of-Way Maps We will prepare right-of-way maps showing survey base line, existing right- of-way, right-of-way to be acquired, and parcel ownership data. B. Legal Descriptions We will prepare legal descriptions for each parcel to be acquired, which will define the takmg by a metes and bounds description and include the area of taking. T ASK IV - DOCUMENTS FOR CONSTRUCTION A. Design We will perform design services necessary to establish controls for the horizontal and vertical construction of the improvements; and design drainage facilities (mcluding modifications to existing systems) to properly conduct surface water runoff to eXisting outfalls within proximity of the project. ) RITECO/127-3 I~----:- n -. ! II' -">~'~n '~'''''I' ,,_ _ ,_'11'1 J_"_: }I' '.1/ . l' L ,.._~ Cic 2. U' ;" '-;~L U,-, : '--. I) B. Roadway and Drainage Plans Prepare a complete set of plans in accordance with the County and the Florida Department of Transportation. layouts will be prepared on 1" = 20' scale aerial sheets. contain, but not be l1nited to, the folJowing information: practices of the The horizontal The plans shall A cover sheet containing title information, viCinity map, sheets' index, and other appropriate information. 2 Proposed typical sections and required miscellaneous construction details. 3 Proposed horizontal and vertical alignments, and geometrics required for layout and construction. 4 Locations of proposed pavements and other items of construction. 5 General notes defining basis of design and construction requirements. 6. Required drainage systems, structures, and details. preparation of a drainage map will not be required. The 7 Cross sections and earthwork for proposed grading. 8. Slope state limits and existing right-of-way 9 Miscellaneous construction details. 10 Summary of quantities and schedules with appropriate notes. C. Bridge Widening Plans We will prepare a complete set of plans for widening the existing bridge on Congress Avenue north of the intersection in accordance with the practices of the County and the latest standards adopted by the American Association of State Highway Officials. The plans shall contain, and not be limited to, the following information: 1 A plan and elevation sheet. 2. A summary of quantities and design/construction notes. 3. Details showing required modifications to the existing bridge. RITECO/127-4 ---..---:--\ 1--- " I rp~ r;~"r r"l.f;'7> ";',70 ! I L '\...LuwLc-'-'3i;/Ou'L''0YU uu II ~ 0 4 Bent and bulkhead details. 5 Superstructure details. 6. Prestressed deck slab details. 7 Barrier and handrail details. 8. Sidewalk details. 9. Reinforcing bar listing and standard bar bending details. 10 Approach slab details. D. Utility Adjustments Prepare utility adjustment plans identifying which existing utilities will remain in place, which will be relocated, and which will be abandoned The utility plans will be sepia reproductions of the roadway plans. The design and relocation of the utilities will be prepared by the individual utility owners and these shall be shown in ink on the sepias. The utility relocation plans will be incorporated and be made a part of the project plans. Should utility relocation be minimal, upon approval of the County, the utility relocation will be shown on the roadway layout sheets. E. Traffic Control We will prepare construction phasing plans which will detail sequences of construction and traffic control. The plans will include necessary lane closures, detours, temporary pavement construction and other necessary features to be instituted in order to maximize safety, minimize traffiC congestion and maintain continued access to adjacent properties during construction. Separate plan sheets may be prepared or the information may be shown on reproducibles of the roadway plans according to what shall be required to properly detail the construction phasing information. The construction phasing plans shall be incorporated in and be made a part of the project plans. F. Quantities Compute the quantities of all materials required for construction and prepare a pay item schedule listing the various construction materials. RITECO/ 127-5 III {1/7Q,........-..."'" ,.... "---r_r-">"--" J I, ; . """ '0 ~ ( i ',! I I ~_~._~~t--=~~~ L- L~-'L- ~) G. Cost Estimates We will furnish up to two preliminary cost estimates during the preparation of the plans and furnish an "Engineer's Estimate" after plans preparation and specifications work have been completed. H. SpecificatiOns We will prepare specifications for the project construction. The context of the specifications will conform to the construction materials and methods required by the County I. Permitting We will contact the various permitting agencies and review the plans with the agencies at appropriate stages of development in order to satisfy the agencies' require;nents. In addition, we will prepare necessary permit applications and drawings required for obtaining approval of the project construction. Permit applications and drawings will be submitted to the County for transmission to the appropriate agencies. J. Plans Reviews, Site Visits, Coordination, and Administration We will send prints of the plans to the County for review and document at the 50 and 100 percent stages of project completion. Additional prints of the plans may be submitted, as deemed necessary, at other stages of development of the plans. We will make visits to the Site, as required, during plans preparation to confirm onsite features and verify compatibility of the proposed construction. We will coordinate our work with the County, utility companies, Florida Department of Transportation, and other entities, as required, during preparation of the plans and specifications. We will conduct project administration, as required, during the preparation of the plans and specifications. T ASK V - ADDITIONAL WORK Should additional work be required which is not covered in the scope of services, we will undertake said work upon your .vritten authorization ___.___ ~ _______..---J RITECO/ 127-6 ~I I f ~ !! . L"uL[=~u!ii'i7J2JJ(Q;[J[J] 11 \ I __ _____.._____-.i~ FEE AND BILLING We propose to provide the above described engineering services as outlmed in Tasks I - IV for a lump sum fee of $36,600 00 An ite"Tlization of the distribution of the lump sum fee for various tasks follows: Task I - Field Surveys $ 5,800 Task II - Preliminary Investigations and Recommendations 1 , 800 Task II - Documents for AcquisitiOn Of Additional Right-of-Way 6,400 Task IV - Documents for Construction 22,600 TOTAL LUMP SUM FEE $36,600 We will accomplish the work outlined in Task V on the basis of our hourly billing rates in effect at the time the work is done plus 1 15 times direct expenses. Fees are payable monthly based upon a percent complete of the lump sum elements or for work actually accomplished for hourly rate elements. Billing will Lle due and payable within 25 days. Please be advised that the above lump sum fee does not include obtaining title search information for the parcels affected for acquisition of additional right-of- way Title search information will be furnished by a local title company We will coordinate the work with the title company, but the title search cost will be an expense that will be billed to RITECO Development Corporation with payment made to the title company by RITECO Development Corporation. Additionally, soils investigations are not included in our lump sum fee We do not feel soils data will be required; but should it be required, the work will be conducted by a local firm, with the same cost payment conditions as for the title search information. SCHEDULE We will work as expeditiously as possible to complete the work within four months. We are prepared to begin work immediately upon receipt of the executed contract. -----_.~--} RITECO/127-7 r,:.-----=---------=+==-----======--=--====- ,: I I ,'~ ~~';17'" ;01 1J--.,r~,..,) ;, L ........~~L..'-"~ 3....1 "--' i..J\"'":yJ LI~ II \.~= ~j CLOSURE If you concur in the foregoing and wish to direct us to proceed with the aforementioned work, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned Fees and times stated in this agreement are valid for sixty (60) days after the date of agreement by the engineer We appreciate the opportunity to submit our proposal for this important assignment, and 1001< forward to its approval and an early execution of this agreement so we can proceed with the work. We look forward to working with you on this project. Very truly yours, JRZ:bt A ttachment: Standard Provisions James . Zook, P.E Vice Pre ident KIMLE Y -HORN AND ASSOCIATES, INC. i1! 7 C'~ tv ~. ~ ) / \.~-~ - Agreed to this I' day of ]" Aj" " '/ , 19~ RITECO DEVELOPMENT CORPORATION A corporation By: , I, ,; ,I J\ ., Title lts-Pfe-sident/Vice President . I Attest: Its Secretary/Assistant Secretary (Affix Corporate Seal) / Fla-81 KIMLEY-HORN AND ASSOCIATES, INC STANDARD PROVISIONS (1) Invoices. Invoices will be submitted by Kimley-Horn and Associates, Inc. (the 'Engineer") to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month Payment of each such invoice will be due within twenty five (25) days of the receipt thereof A service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency (2) Failure to Pay If the Client fails to make any payment due the Engineer for services and expenses within sixty (60) days after the Engineer's transmittal of its invoice therefor the Engineer may after giving seven (7) days written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (3) Legal Action In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date the Engineer may initiate legal proceedings to collect the same and recover in add.- tion to all amounts due and payable including accrued interest, its reasonable attorneys fees and other expenses reo lated to the proceeding. Such expenses shall include but shall not be limited to the cost, determined at the Engi neer s normal hourly billing rates, of the time devoted to such proceeding by its employees. (4) Non-Contingency The Client acknowledges and agrees that the payment for services rendered and ex penses incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is ex pressly set forth in this Agreement. (5) Opinions of Cost. (a) Since the Engineer has no control over the cost of labor materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opin- ions as to costs rendered hereunder including but not limited to opinions as to the costs of construction and mater ials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by the Client will be paid for as additional services hereunder by the Client. (b) If a limit with respect to construction or other costs is established by written agreement between the Client and the Engineer the following will apply (i) The acceptance by the Client at any time during the performance of services hereunder of a re- vised opinion of probable cost in excess of the then established cost limit will constitute a corresponding revision in the previously agreed cost limit to the extent indicated in such revised opinion (ii) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. (iii) The Engineer will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the drawings and specifications prepared by it pursuant hereto and to make reasonable adjustments in the extent of the project to bring it within the cost limit. (iv) If the bidding or negotiating phase of the project has not commenced within six months after completion of the Engineer's design hereunder the established cost limit will not be binding on the Engineer and the Client shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Engineer's design hereunder and the date on which proposals or bids are sought. (v) I f the lowest bona fide proposal or bid exceeds the established cost limit, the Client shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time or (3) cooperate in revising the project's extent or quality In the case of (3) the Engineer shall, without addi- tional charge, modify the plans and specifications prepared by it hereunder as necessary to bring the subject cost within the cost limit. The providing of such service will be the limit of the Engineer's responsibility in this regard and, having done so the Engineer shall be entitled to payment for his services in accordance with this Agreement. (6) Termination The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accord. ance with the terms hereof through no fault of the terminating party In the event of any termination, the Engineer will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder and other reasonable expenses incurred by the Engineer as a result of such termination In the event the Engineer's compensation under this Agreement is a fixed fee upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the amount of the work done as reasonably determined by the Engineer to the total amount of work which was to have been per formed, less prior partial payments, if any which have been made. r;::t'u'TJl![J?JfJo !J{)..q,-Y;[iiJ - .. Fla-S1 (7) Reuse of Documents. All documents, including but not limited to drawings and specifications, prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein. They are not in- tended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other project. Any reuse without written verification or adaptation by the Engineer for specific purposes intended will be at the Client's sole risk and without liability or legal exposure to the Engineer and the Client shall indemnify and hold the Engineer harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer (S) Liability The Engineer is protected by Workmen's Compensation Insurance (and/or employer's liability insurance) professional liability insurance and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss damage injury or liability arising directly from the negligent acts or omissions of the Engineer its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insurance If the Client requires increased insurance coverage the Engineer will If specifically directed by the Client, take out additional insurance, if obtainaole at the Client's expense (9) Limitation of liability In performing its professional services hereunder the Engineer will use that de. gree of care and skill ordinarily exercised under similar circumstances, by reputable members of its profession prac ticing in the same or similar locality No other warranty express or implied is made or intended by the Engineer's undertaking herein or its performance of services hereunder It is agreed that, in accordance with and subject to the provisions of the foregoing paragraph (8) the Client will limit any and all liability claim for damages, cost of de- fense or expenses to be levied against the Engineer on account of any and all design defects, errors, omissions, and professional negligence to the amount actually paid in compensation for or with respect to such liability claim, cost, or expense under any policy or policies of professional liability insurance maintained by the Engineer Further the Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by the Engineer of such limitation for design defects errors, omissions, or professional negligence and require as a condition precedent to his (or its) performance of such work an identical limitation of liability on his (or its) part as against the Engineer In the event the Client fails to obtain an identical limitation of liability provision as to design defects, the Client shall mdemnify and hold the Engineer harmless for any liabilitY related to errors, omissions, or act of professional negligence in such a manner and to such extent that the aggregate liability of the Engineer including awards and costs assessed by any mediator-arbitrator for such design defect to all parties, including the Client, shall not exceed the aforementioned amount. Under no circumstances shall the Engineer be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of the contractor or materialmen to install work in accordance with the plans and specifications. (10) Expenses of Litigation In the event litigation in any way related to the services performed hereunder is initiated against the Engineer by the Client, its contractors, or subcontractors and such litigation concludes with the entry of a final judgment favorable to the Engineer the Client shall reimburse the Engineer for all of its reasonable attorneys fees and other expenses related to said litigation Such expenses shall include but shall not be limited to, the cost, determined at the Engineer's normal hourly billing rates, of the time devoted to the defense of such litiga- tion by the Engineer's employees. (11) Controlling Law This agreement is to be governed by the law of the State of Florida. (12) Binding Effect. This Agreement shall bind and the benefits thereof shall inure to the respective parties hereto their legal representatives, executors, administrators, successors and assigns. (13) Merger Amendment. This Agreement constitutes the entire agreement between the Engineer and the Client, and all negotiations and oral understandings between the parties are merged herein This Agreement can be supplemented and/or amended only by a written document executed by both the Engineer and the Client. (14) Photographs. Photographs of any completed project embodying the services of the Engineer provided here- under may be made by the Engineer and shall be considered as its property and may be used by it for publication (15) Compensation for Additional Services The undertaking of the Engineer to perform professional services under this Agreement extends only to those services specifically described herein If upon the request of the Client, the Engineer agrees to perform additional services ( Additional Services") hereunder the Client shall pay the Engi- neer for the performance of such Additional Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (ii the payroll costs ("Payroll Costs") incurred by the Engineer in providing such Addi. tional Services multiplied by a factor of 2 75 plus (ii) the reimbursable expenses ("Reimbursable Expenses ') so in- curred by the Engineer in providing such services multiplied by a factor of 1 15 r-~' !.. RECFI'11.J Suite 201 1300 West Lantana Road Lantana, Florida 33462 Phone, (305) 533-0902 JAN 8 7qR4 PLA. Ii. -i L RITECO DEVELOPMENT CORPORATION January 7, 1985 Mr Carmen Annunziato City Planner City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Re Contract Between Riteco Development Corporation and Kimley-Horn Dear Carmen Please review the enclosed contract between Riteco and Kimley-Horn for construction plans and right-of-way maps for expansion of Congress Avenue/Boynton Beach Boulevard Intersection Sincerely yours, RITECO DEVELOPMENT CORPORATION ~ .~~ p,)(.; VI 0, ~~ {P (f /Ah //. ,// /~): k:l/n.-':'~ ~ Wade Riley Vice Pres ident. Enclosure as noted cc Charlie Walker - County Traffic Engineer WR/mkn 1--. .-- II {%fJ[JUiJD@}jof){j@{j'OD Ij Kim/ey-Horn and Associates, Inc_ 5800 Corporate Way, West Palm Beach, Fla. 33407 . (305)683-5500 Raleigh. West Palm Beach. Tampa. Orlando. NashvIlle, Dallas December 20, 1984 Mr Wade Riley RITE CO Development Corporation 1300 West Lantana Road - Sui te 201 Lantana, Florida 33462 RE: Construction Plans and Right-of-Way Maps For Expansion of Congress Avenue/Boynton Beach Boulevard Intersection Dear Mr. Riley: Kimley-Horn and Associates, Inc. is pleased to submit this proposal to provide engineering services to prepare plans and specifications for roadway improvements at the referenced location We have reviewed the details of the required improvements; we have discussed the project with staff members of Palm Beach County's Department of Engineering and Public Works; and we have visited the Site to determine particulars related to the work. With regard to our discussion with Palm Beach County, we have been informed that they will undertake signing and marking and signalization requirements for the project. This condition is as we assumed when we initially (some time ago) made you aware of the work effort and fee requirements. For the purpose of defining the scope of work, we offer the following: A. The intersection improvement will expand both roadways (Congress Avenue and Boynton Beach Boulevard) to provide three through lanes, dual left turns and a right turn lane for each approach to the intersection. B. The length of reconstruction for each approach to the intersection will be approximately 500 linear feet. C The scope of work will involve performing field surveys; making preliminary investigations and recommendations; preparation of right-of-way maps and legal descriptions for acquisition of additional rights-of-way; and preparation of roadway and bridge plans with documents and specifications suitable for bidding and construction as a Palm Beach County project. D. The design will be conducted and the plans will be prepared in accordance with the latest standards adopted by the American Association of State Highway Officials, Florida State Department of Transportation and requirements of Palm Beach County ~_J RITECO/127-1 1- ,,[ l! ('''''.''',- ,n ~ :\i"'~ - ,-'/,l I I. oL" UU. "-0...0 U L,- L 'nJ - ------ ---.J J 1---_. I I i I I I I Within the above understanding, the scope of services we will provide follows: TASK 1- FIELD SURVEYS A. Right-of-Way Surveys We will review existing right-of-way maps and verify breakdowns of adjacent parcels. In addition, parcel property lines that will be affected by the additional right-of-way taking will be established, as required, and tied to the baseline of survey. B. Design Surveys We will conduct field surveys to furnish data required for design and preparation of plans; including, but not limited to the following: 1 Set aerial targets that will be used to produce the aerial plan sheets. 2 Re-establish base lines within the project limits. 3 Tie base lines to section and quarter section lines. 4 Reference base lines control points in order that base lines can be re-established if disturbed or destroyed during construction of the roadway improvements. 5 Establish 100' stations along the survey base lines. 6. Establish temporary benchmarks, as required, based upon NG VD- 1929 Da tl.m. 7. Obtain topography, as required, to supplement the aerial photography Since most topographic data will be produced by photogrammetry; that which is obscured by overhead cover, or shadow, or that is otherwise unclear will be obtained by field surveys. 8. Take roadway cross sections at 100' stations (or as required) to furnish necessary data for design. 9 Conduct a survey of the existing bridge on Congress Avenue (north of the intersection) to furnish necessary data for design. 10 Conduct drainage surveys, as required, to furnish necessary data for design. ) RITECO/ 127-2 i'l .cv rr'. -.,-" ,'1 Jirc;'f"P'O':' ,i I L uL ;.....L i....~ c--o:\ "/0 :..../lJ~U L; J I l=._ ~ - =::!J 11 Field verify aboveground utilities determined by photogrammetry Underground utilities will be dLtermmed, as required, for deSign. TASK 11- PRELIMINARY INVESTIGATIONS AND RECOMMENDATIONS A. We wiH perform preliminary studies and make required analyses to determine the feasibility of including certain design concepts in the project prior to proceeding with preparation of final plans. The preliminary analyses will include a functional layout of the project. The layout will show the typical section for the various roadway elements, the approximate location of new pavements, connections to existing pavements, and other necessary features to be incorporated in the final design and plans. B. The results of the investigation, designs and layouts described in Section A. above will be prepared in preliminary format on prints and other appropriate media and reviewed with the affected agencies. These results will be used as the basis for development of the final plans. TASK 111- DOCUMENTS FOR ACQUISITION OF ADDITIONAL RIGHT-OF-WAY A. Right-of-Way Maps We will prepare right-of-way maps showing survey base line, existing right- of-way, right-of-way to be acquired, and parcel ownership data. B. Legal Descriptions We will prepare legal descriptions for each parcel to be acquired, which will define the taking by a metes and bounds description and include the area of taking. TASK IV - DOCUMENTS FOR CONSTRUCTION A. Design We will perform design services necessary to establish controls for the horizontal and vertical construction of the improvements; and design drainage facilities (Including modifications to existing systems) to properly conduct surface water runoff to existing outfalls within proximity of the project. --~--~ RITECO/127-3 ---;'\ .....: - no'""' ~r'" iJ~d)'(;o LrL!I.2A/ [jfJ I 'J Ii I ; I ! ......,-.i..; \,L-. B. Roadway and Drainage Plans Prepare a complete set of plans in accordance with the County and the Florida Department of Transportation. layouts will be prepared on I" = 20t scale aerial sheets. contain, but not be limited to, the following information: practices of the The horizontal The plans shall 1. A cover sheet containing title information, vicinity map, sheets' index, and other appropriate information. 2. Proposed typical sections and required miscellaneous construction details. 3 Proposed horizontal and vertical alignments, and geometrics required for layout and construction 4. Locations of proposed pavements and other items of construction. 5 General notes defining basis of design and construction requirements. 6. Required drainage systems, structures, and details. preparation of a drainage map will not be required. The 7 Cross sections and earthwork for proposed gradmg. 8. Slope state limits and existing right-of-way 9 Miscellaneous construction details. 10 Summary of quantities and schedules with appropriate notes. c. Bridge Widening Plans We will prepare a complete set of plans for widenmg the existing bridge on Congress Avenue north of the intersection in accordance with the practices of the County and the latest standards adopted by the American Association of State Highway Officials. The plans shall contain, and not be limited to, the following information I A plan and elevation sheet. 2. A summary of quantities and design/construction notes. 3. Details showing required modIfications to the existing bridge. RITECO/127-4 , ',---, II J ' iJ ( 'I [I (' ~,,-....----....-' ~ ---. :-: r L. ~ ~'L G - 4. Bent and bulkhead details. 5. Superstructure details. 6. Prestressed deck slab details. 7 Barrier and handrail details. 8. Sidewalk details. 9 Reinforcing bar listing and standard bar bending details. 10 Approach slab details. D. Utility Adjustments Prepare utility adjustment plans identifying which existing utilities will remain in place, which will be relocated, and which will be abandoned. The utility plans will be sepia reproductions of the roadway plans. The design and relocation of the utilities will be prepared by the individual utility owners and these shall be shown in ink on the sepias. The utility relocation plans will be incorporated and be made a part of the project plans. Should utility relocation be minimal, upon approval of the County, the utility relocation will be shown on the roadway layout sheets. E. Traffic Control We will prepare construction phasing plans which will detail sequences of construction and traffic control. The plans will include necessary lane closures, detours, temporary pavement construction and other necessary features to be instituted in order to maximize safety, minimize traffic congestion and maintain continued access to adjacent properties during construction. Separate plan sheets may be prepared or the information may be shown on reproducibles of the roadway plans according to what shall be required to properly detail the construction phasing information The construction phasing plans shall be incorporated in and be made a part of the project plans. F. Quantities Compute the quantities of all materials required for construction and prepare a pay item schedule listing the various construction materials. RITECO/127-5 :1 ~LLLL iN/o..'h<!_U_UiJ !) G Cost Estimates We will furnish up to two preliminary cost estimates during the preparation of the plans and furnish an "Engineer's Estimate" after plans preparation and specifications work have been completed. H. Specifications We will prepare specifications for the project construction. The context of the specifications wiU conform to the construction materials and methods required by the County I. Permitting We will contact the various permitting agencies and review the plans with the agencies at appropriate stages of development in order to satisfy the agencies' require;nents. In addition, we will prepare necessary permit applications and drawings required for obtaining approval of the project construction. Permit applications and drawings will oe submitted to the County for transmission to the appropriate agencies. J. Plans Reviews, Site Visits, Coordination, and Administration We will send prmts of the plans to the County for review and document at the 50 and 100 percent stages of project completion. Additional prints of the plans may be submitted, as deemed necessary, at other stages of development of the plans. We will make visits to the site, as required, during plans preparation to confirm onsite features and verify compatibility of the proposed construction. We will coordinate our work with the County, utility companies, Florida Department of Transportation, and other entities, as required, during preparation of the plans and specifications. We will conduct project administration, as required, during the preparation of the plans and specifications. T ASK V - ADDITIONAL WORK Should additional work be required which is not covered in the scope of services, we will undertake said work upon your written authorization. -------- ------~ RITE CO/ 127-6 (, I I l/"'r.~r:~C',,~'''L ,=r;J,~ 'II ,'\ :! _,. ::'..J.~'(w .'ll~' u: . L---.lL...'-'........~.......,(-" ...J~ L ~:. \---- =.:--~__=-~J FEE AND BILLING We propose to provide the above described engineering services as outlined in Tasks I - IV for a lump sum fee of $36,600 00 An itel1ization of the distribution of the lump sum fee for various tasks follows T~sk I - FlCld Surveys $ 5,800 Task II - Preliminary Investigations and Recommendations 1,800 Task II - Documents for Acquisition Of Additional Right-of-Way 6,400 Task IV - Documents for Construction 22,600 TOTAL LUMP SUM FEE $36,600 We will accomplish the work outlined in Task V on the basis of our hourly billing rates in effect at the time the work is done plus 1 15 times direct expenses. Fees are payable monthly based upon a percent complete of the lump sum elements or for work actually accompl1shed for hourly rate elements. Billing will ue due and payable within 25 days. Please be advised that the above lump sum fee does not include obtaining title search information for the parcels affected for acquisition of additional right-of- way Title search information will be furnished by a local title company We will coordinate the work with the title company, but the title search cost will be an expense that will be billed to RITECO Development Corporation with payment made to the title company by RITECO Development Corporation. Additionally, soils investigations are not included in our lump sum fee We do not feel soils data will be required; but should it be required, the work will be conducted by a local firm, with the same cost payment conditions as for the title search information. SCHEDULE We will work as expeditiously as possible to complete the work Within four months. We are prepared to begin work immediately upon receipt of the executed contract. RITECO/127-7 p= II' , "rQ';:'7o '~,1 I' I I ~'-L. 3d ~'L ,:./UU 1,1 \--=::- CLOSURE If you concur in the foregoing and wish to direct us to proceed with the aforementioned work, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. Fees and times stated in this agreement are valid for sixty (60) days after the date of agreement by the engineer We appreciate the opportunity to submit our proposal for this important assignment, and look forward to its approval and an early execution of this agreement so we can proceed with the work. We look forward to working with you on this project. Very truly yours, JRZ:bt A ttachment: Standard Provisions KIMLE Y -HORN AND ASSOCIATES, INC. ~ ( I,v \;~~.~ ~ ~( ? c:-' t L/ \ r '. ~ James R. Zook, P.E \ Vice pr,ident ) Agreed to this day of , 1984 RITECO DEVELOPMENT CORPORA nON A corporation By: Title: Its President/Vice President Attest Its Secretary/Assistant Secretary (Affix Corporate Seal) Fla-a1 KIMLEY-HORN AND ASSOCIATES, INC STANDARD PROVISIONS (1) Invoices. Invoices will be submitted by Kimley-Horn and Associates. Inc. (the Engineer") to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month Payment of each such invoice will be due within twenty five (25) days of the receipt thereof A service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency (2) Failure to Pay If the Client fails to make any payment due the Engineer for services and expenses within sixty (60) days after the Engineer's transmittal of its invoice therefor the Engineer may after giving seven (7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (3) Legal Action In the event any invoice or any portion thereof remains unpaid for more than sixtY (60) days following the invoice date the Engineer may initiate legal proceedings to collect the same and recover in addl tion to all amounts due and payable including accrued interest, its reasonable attorneys' fees and other expenses re- lated to the proceeding. Such expenses shall include but shall not be limited to, the cost, determined at the Engi- neer s normal hourly billing rates, of the time devoted to such proceeding by its employees. (4) Non-Contingency The Client acknowledges and agrees that the payment for services rendered and ex penses incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is ex pressly set forth in this Agreement. (5) Opinions of Cost. (a) Since the Engineer has no control over the cost of labor materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opin- ions as to costs rendered hereunder including but not limited to opinions as to the costs of construction and mater ials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination Engineering services required to bring costs within any limitation established by the Client will be paid for as additional services hereunder by the Client. (b) I f a limit with respect to construction or other costs is established by written agreement between the Client and the Engineer the following will apply (i) The acceptance by the Client at any time during the performance of services hereunder of a re- vised opinion of probable cost in excess of the then established cost limit will constitute a corresponding revision in the previously agreed cost limit to the extent indicated in such revised opinion (ii) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. (iii) The Engineer will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the drawings and specifications prepared by it pursuant hereto and to make reasonable adjustments in the extent of the project to bring it within the cost limit. (iv) If the bidding or negotiating phase of the project has not commenced within six months after completion of the Engineer's design hereunder the established cost limit will not be binding on the Engineer and the Client shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Engineer's design hereunder and the date on which proposals or bids are sought. (v) I f the lowest bona fide proposal or bid exceeds the established cost limit, the Client shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project's extent or quality In the case of (3) the Engineer shall without addi- tional charge modify the plans and specifications prepared by it hereunder as necessary to bring the subject cost within the cost limit. The providing of such service will be the limit of the Engineer's responsibility in this regard and, having done so the Engineer shall be entitled to payment for his services in accordance with this Agreement. (6) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accord- ance with the terms hereof through no fault of the terminating party In the event of any termination, the Engineer will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder and other reasonable expenses incurred by the Engineer as a result of such termination In the event the Engineer's compensation under this Agreement is a fixed fee upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the amount of the work done as reasonably determined by the Engineer to the total amount of work which was to have been per formed. less prior partial payments, if any which have been made. I fJtwv~ofXLO'(J'{ji) I Fla-81 (7) Reuse of Documents. All documents, including but not limited to drawings and specifications, prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein They are not in- tended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other rroject Any reuse without written verification or adaptation by the Engmeer for specific purposes intended will be at the Client's sole risk and without liability or legal exposure to the Engineer and the Client shall indemnify and hold the Engineer harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer (8) Liability The Engineer is protected by Workmen's Compensation Insurance (and/or employer's liability insurance) professional liability insurance and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss, damage injury or liability arising directly from the negligent acts or omissions of the Engineer its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insurance If the Client requires increased insurance coverage, the Engineer will if specifically directed by the Client, take out additional insurance if obtainaole at the Client's expense (9) Limitation of Liability In performing its professional services hereunder the Engineer will use that de- gree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession prac tieing in the same or similar locality No other warranty express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder It is agreed that, in accordance with and subject to the provisions of the foregoing paragraph (8) the Client will limit any and all liability claim for damages, cost of de- fense or expenses to be levied against the Engineer on account of any and all design defects, errors, omissions, and professional negligence to the amount actually paid in compensation for or with respect to, such liability claim, cost, or expense under any policy or policies of professional liability insurance maintained by the Engineer Further the Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by the Engineer of such limitation for design defects, errors, omissions, or professional negligence, and require as a condition precedent to his (or its) performance of such work an identical limitation of liability on his (or its) part as against the Engineer In the event the Client fails to obtain an identical limitation of liability provision as to design defects, the Client shall indemnify and hold the Engineer harmless for any liability related to errors, omissions, or act of professional negligence in such a manner and to such extent that the aggregate liability of the Engineer including awards and costs assessed by any mediator-arbitrator for such design defect to all parties, including the Client, shall not exceed the aforementioned amount. Under no circumstances shall the Engineer be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of the contractor or materialmen to install work in accordance with the plans and specifications. (10) Expenses of litigation. In the event litigation in any way related to the services performed hereunder is initiated against the Engineer by the Client, its contractors, or subcontractors, and such litigation concludes with the entry of a final judgment favorable to the Engineer the Client shall reimburse the Engineer for all of its reasonable attorneys fees and other expenses related to said litigation. Such expenses shall include but shall not be limited to the cost, determined at the Engineer's normal hourly billing rates, of the time devoted to the defense of such litiga- tion by the Engineer's employees. (11) Controlling Law This agreement is to be governed by the law of the State of Florida. (12) Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto their legal representatives, executors, administrators, successors and assigns. (13) Merger. Amendment. This Agreement constitutes the entire agreement between the Engineer and the Client, and all negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Engineer and the Client. (14) Photographs. Photographs of any completed project embodying the services of the Engineer provided here- under may be made by the Engineer and shall be considered as its property and may be used by it for publication. (15) Compensation for Additional Services. The undertaking of the Engineer to perform professional services under this Agreement extends only to those services specifically described herein If upon the request of the Client, the Engineer agrees to perform additional services ( Additional Services ') hereunder the Client shall pay the Engi- neer for the performance of such Additional Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (i/ the payroll costs ( 'Payroll Costs") incurred by the Engineer in providing such Addi. tional Services multiplied by a factor of 275, plus (Ii) the reimbursable expenses ( 'Reimbursable Expenses ') so in- curred by the Engineer in providing such services multiplied by a factor of 1 15.