LEGAL APPROVAL
~ ,
Suite 201
1300 West Lantana Road
Lantana, Florida 33462
Phone, (305) 533-0902
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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
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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
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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
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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
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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
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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
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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
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RITECO/ 127-6
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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.
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RITECO/127-7
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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.
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Agreed to this I'
day of ]" Aj" "
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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.
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(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
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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
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Wade Riley
Vice Pres ident.
Enclosure as noted
cc Charlie Walker - County Traffic Engineer
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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
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RITECO/127-1
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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
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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.
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RITECO/127-3
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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
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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
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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.
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RITE CO/ 127-6
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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
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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/
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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.