Loading...
Dawkins & AssociatesUNITED STATES DEPARTMENT OF AGRICULTURE . FARMERS HOME ADMINISTRATION Leesburg, FL 32748 Mr. John W. Springstead City Engineer P.O. Box 219 Clermont, FL 32711 December 7, 1978 Dear Mr. Springstead We are enclosing a copy of the agreement between the City of Clermont and Dawkins and Associates, Inc. as you requested in your letter of December 5. If we can be of further assistance, don't hesitate to contact me. Sincerely, County Supervisor Attachments- 6 Fanners Home Administration is an Equal Opportunity Lender. Complaints of discrimination based on race, sex, religion, national origin or marital status should be sent to: Secretary of Agriculture, Washington, D. C. 20250 AGREEMENT FOR ENGlNEERING SERVlCES This agreement made this 28th day of June 1973 by and between The City of Clermont, FL hereinafter referred to as the owner and Dawkins & Associates, Inc hereinafter referred to as the Engineer The Owner intends to construct expansions to the water supply, treatment, storage and distribution factilities; and improvements to the municapl wastewater facilities in Lake County, State of Florida which may be paid for in part with financial assistance from the Unites Sates of America, acting through the Farmers Home adminis- tration of the United Stated Department of Agriculture, hereinafter referred to as FHA, pursuant to the consolidated farmers home administration act ofn 1961 as amended 7 U.S.C 1921 et seq.), and the Engineer agees to perform the various professional engineering services required for the design and construciton of said system. Witnesseth: that for and in consideration of the mutual convenants and promises between the parties hereto, it is hereby agreed Section A - engineering services that the engineer shall furnish basic engineering services as follows: 1. the engineer will conduct premilinary investigations required to determine project feasibility 2. the engineer will prepare preliminary plans and cost estimate. 3. the engineer will prepare an engineering report following FHA instructions and guides 4. the engineer will furnish ten copies of the preliminary engineering report, cost estimates, and layout maps. 5. the engintter will attend conferences with the owner and representatives of the FHA and other interested parties 6. after the preliminary engineering report has been reviewed by FHA and the owner directs the engineer to proceed, the engineer will perform the necessary design surveys, accomplished the detailed design of the project; prepare detailed plans, specifications and contract documents, and make a final cost estimate based on the final design for the entire system. However, design surveys as used in this Section A-6 are understood to be limited to those required to perform the design and to prepare the detailed plans and specifications. It is understood that in the design and preparation of detailed plans and specifications for such elements of water works and sewerage projects as water treatment plants, sewage treatment plants, dams and reservoirs, the design surveys for such elements also shall be performed by the engineer but the engineer shall be additionally compensated therefor as provided in Sections D and E hereof. it is also understood that if subsurface explorations such as borings, soil tests and the like are required to determine amounts of rock excavation or foundation conditions, the engineer will furnish supervision of said exploratons without additional charge, but the costs incident to such explorations, no matter whether they are performed by the engineer or by others, shall be paid for by the owner as set out in Sections D and E hereof 7. The contract documents furnished by the engineer under section A-6 above shall utilize standard FHA forms for the notice to bidders, instructions to bidders, proposal form, contract agreement form, general conditions, and payment and performance bonds. speical conditions and the notice of award and the notice to proceed shall also be prepared by the engineer. all of these documents shall be subject to FHA approval. 8. Prior to the advertisement for bids, the engineeer for each contract will provide not exceed 10 copies of detailed plans, specifications, and contract documents for use of the owner, FHA, and the appropriate federal, state, and local agencies from whom approval of the project must be obtained. the cost of not to exceed 10 copies of such plans, specifications, and contract documents shall be included in the basic compensaton paid to the engineer. 9. the engineer will furnish additional copies of plans, specifications, and contract documents as required by pro spective bidders, material suppliers, and other interested parties, but may charge for the actual cost of such copies. upon award of each contract, the engineer will furnish to the owner five sets of the plans, specifications and contract documents for execution. the cost of these sets being included in the basic compensation paid to the engineer. original documents, survey notes, tracings, and the like, except those furnished to the engineer by the owner are and shall remain the property of the engineer. 10. the plans prepared by the engineer under the provisions of section A 6 above shall be in sufficient detail to permit the actual locations of the proposed improvements on the ground. the engineer shall prepare, and furnish to the owner without any additional compenstaton, three copies of a map showing the needed construction easements and permanent easements, the land to be acquired, and the names of the property owners involved. property surveys, property plats, legal descriptions, and negotiations for land rights shall be accomplished by the owner, unless the owner requests the engineer to perform these services. in the event the engineer is requested to perform such services, the engineer shall be additionally compensated as set out in sections D & E hereof. 11. the engineeer will attend the bid opening and tabulate the bid propsals, make an analysis of the bids, and make recommendations for awarding contracts for construction 12. the engineer will check and approve any necessary shop and working drawings furnished by contractors. 13. the engineer will interpret the intent of the plans and specificatiosn to protect the owner against defects and deficiencies in constrution on the part of the ocntractors. the engineer will not, however, guarantee the performace by any contractor. 14. the engineer will provide horizontal and vertical control for all structues in the form of bench marks or reference points to be used by the contractor in staking the construction 15. the engineer will provide general engineering inspections of the work of the contractors as construction progresses the engineer will provide detailed construction inspection as provided in section C hereof upon the written request of owner and for the additional compensatio set forth in said section C. the engineer does not guarantee the performand of the contractors by the engineers performance of such detailed construction inspection. the enginners undertaking hereunder shall not relieve the contractor of his obligation to perform the work in conformity with the plans and specifications and in a workman like manner, shall not make the engineer an insuret of the contractor's performance and shall not impose upon the engineer any obligation to see to it that the work is performed in a safe manner. 16. the engineer will cooperate and work closely with FHA representatives 17. the engineer will review and approve estimates for progress and final payments 18. the engineer will make final inspection of all construction and a written certification of final inspection to the owner and FHA. 19. the engineer will provide owner with one set of reproducible as-bult plans, and two sets of prints at no additional cost to the owner. such plans will be based upon information provided by the contractor or owner in cases where resident inspection is not provided by the engineer. 20. the engineer will prepare notices and advertisement of final payments if required by state statutues. 21. the engineer will be available to furnish engineering service and consultations necessary to correct all unforse- seen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the owner and FHA. this service will include instruction of the owner in initial project operations and maintenance but will not include supervison of normal operation of the system. such consultation and advice shall be furnished without additioanl charge except for travel and sussistence costs as provided in section E hereof. 22. the engineer further agrees to obtain and maintain at the engineer's expense, such insurance as will protect him and the owner from claims under the workman's compansation act and from all claims for bodily injury, death, or property damage which many arise from the negligent performance by the engineer or by the engineer's employees or the engineeer's functions and services required under this agreement. Section B Compensatio for basic engineering services That the owner shall compensate the engineer for basic engineering services based on percentages of the total acutal constrution costs shown in in table I and table II set forth in attachement 1 which is attached hereto and made a part hereof. the percentage factors applicable shall be those figures adjacent to the total acutal construction cost column. the appropriate percentage factor shown in table II shall be applicable to all compensation computations except those with respect to the following items water supply, water treatement, and water storage facilities; and wastewater facilities to which items the percentage factor shown in table 1 shall apply; provided, however, if the total actual construction costs is less than the lowest total actual construction cost figure shown on attachement I, the owner agrees to pay the engineer a total fee not to exceed ten thousand and no dollars the contstruction costs on which the compensation of basic engineering services is determined shall exclude legal fees, administrative costs, engineering fees, land rights acquisition costs, water costs, and interest expense incurred during the construction period. the compensation for basic engineering services shall be payable as follows: 1. the sum iof 3,800.00 after the review of the preliminary engineering report by the FHA and acceptance by the owner. 2. a sum which together with the specified sum set forth in section B 1 above equals 70 percent of the total compensation based on the final cost estimate after completion and submission of the final plans, specifiction cost estimates, and contract documents and the acceptance of the same by the owner and FHA 3. a sum equal to 10% of the total compensation based on construction contract costs immediately after the construction contracts are awarded. 4. a sum equal to 20% of the total compensation based on the actual construction cost will be paid on a periodic basis during the construction period on percentage rations identical to those approved by the engineer as a basis upon which to make partical payments to the contractors. howeverr, final payment under this paragraph and of such additional sums as are due the engineer by reason of any necessary adjustments in the payment com putations will be in an amount so that the aggregate of all sums paid to the engineer will equal one hundred percent of the basic compensation determined on actual total construction costs. final payment shall not be made until it is determined that all services required by thes agreement have been completed except for the services set forth in section A 21 hereof. if the total actual construction cost is less than the lowest total actual construction cost figure shown on attachment I and the fee to be paid to the engineer is a specific amount as set forth above, the percentage payments due the engineer under section B 2 through 4, inclusive, shall be computed by applying the applicable percentage to the specified total fee. actual fee to be based upon lowest point on most curren chart indicating range of compensation for professional services, Florida Engineering Society, if such calculation results in a lower fee payable by the owner. under a separate agreement between the owner and the engineer dated May 9, 1973 the owner is to compensate the engineer on a time and expenwse basis not to exceed the amount of $3.800 for preparation of the engineering report on waterworks improvements, up to $2,000 of such fee to be credited against design fees earned on projects stemming from said report section C Compensation for resident inspection if the owner requests in writing the engineer will provide detailed, full time, resident, construction inspection, including construction staking, and the owner agrees to pay the engineer for such service in accordance with the schedule set out in section E hereof. the engineer will render to owner for such services as itemized bill, separate from any other billing at the end of each month for compensation for such services performed hereunder during such month, the same to be due and payable by owner to the engineer on or before the 10th day of the following month. the engineer will supply the resident project representative for a sum equal to acutal payroll costs plus 50 percent thereof for overhead costs and profit plus acutal costs, times a 1.2 factor for overhead, of local transportation and other direct job connected expenses. the total payments for such services shall not exceed the limitations set forth in attachment 1, sub paragraphy C Section D Additional engineering services in addition to the foregoing services, the following services may be required upon written authorization of the owner and approval of the FHA. 1. site surveys for water treatment plants, seweage treatment works, dams and reservoirs 2. laboratory tests, well tests, borings, specialized geological, hydraulic or other studies recommended by the engineer 3. property surveys, descriptions of needed land and easement rights and maps, plans, or estimates related thereto assistance in negotiating for land and easement rights 4. necessary data and filing maps for water rights, water adjudication, and litigation 5. redesigns ordered by the owner after final plans have been accepted by the owner and fha 6. appearances before courts or boards on matters of litigation related to the project 7. where a project involves design and construction of a lagoon, and ajustment in basic compensation amounting to per site acre shall be added to basic compensation set for in section b payment for the services specified in this section d shall be in accordance with the schedule set out in section e hereof. the engineeri will render to owner for such services an itemized bill, separate from any other billing, at the end of each month for compensation fo services performed hereunder during such month, the same to be due and payable by owner to the engineer on or before the 10th day of the following month. section e schedule of rates and charges for additional engineering services personnel rate per hour survey 35.00 four man party 38.00 two man party 25.00 construction inspection resident engineer 10.00 resident inspector 5.00 engineering and general supervidor 30.00 principal or officer of firm 30.00 project engineer 30.00 field or design engineer 15.00 field or office assistant 12.00 land surveyor 10.00 reimbursable expenses 1. travel from office at .12 per mile or at actual out of pocket cost, plus time at above rates for both ways 2. acutal cost of subsistence and lodging 3. actual cost of long distance telephone calls, telegrams, express charges, and postage othern than ordinary first class 4. actual cost of materials required for the job and used in surveying, drafing, and allied activities, including printing and reproduction costs 5. actual cost of special tests and services of special consultants as referred to in section d of this agreement. median fees for professtional engineering services section a form fha 442-19 as a percentage of construction cost florida a. the fees are to be adjusted to suit special conditions as stated in contract net construction cost table 1 table 2 100,000 11.2 8.5 200,000 10.5 7.7 300,000 9.6 7.3 400,000 7.2 7.0 500,000 8.8 6.7 600,000 8.4 6.5 700,000 8.2 6.3 900,000 7.8 6.1 1,000,000 7.6 6.0 2,000,000 7.0 5.6 3,000,000 6.3 5.4 for construction projects that are less than 30,000 in size or rehabilitation of existing distribution systems, the median compensation may be increased over that shown in the above tables. the engineer will be compensated for basic engineering services based on a percentage of the total acutal construction costs of projects of unusually complex items such as water treatement plants, sewers, and sewage treatment plants as shown in table 1, and for all other projects as shown in table II. the owner will be in full agreement with the engineering compensation and will understand the reasons why such compensation is justified. b. the engineer also agrees to make and inspection of the facilities prior to the end of the one year warranty and report and deficiencies noted and suggest ways of getting them corrected to the association without charge c. maximum amount of loan and/or grant funds can be authorized to compensate an engineer for providing a full time resident inspector in accordance with section C of agreement for engineering services, form 442-19 will be as follows; added pn 550 10-28-71 a. 2% of construction cost for water systems or b. 3% of construction cost for waste water systems section F - approval by fha this agreement shall not become effective until approved by fha. such approval shall be evidenced by the signature of a duly authorized representative of fha in the space provided at the end of this agreement. the approval so evidenced by fha shall in no way commit fha to render financial assistance to the owner, but in the event such assistance is provided, the approval shall signify that the provisions of this agreement are consistent with the requirements of fha in witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officieal this agreement in duplicant on the respective dates indiated below.