1973-01USDA-FHA AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this 28th day of June, 1973,
by an d between The Ci ty of Cl ermont, Florida. herelnafter
referred to as th e OWNER, and Dawkins & Associates, Inc.,
hereinafter referred to as the ENGINEER:
The owner inteds to construct a expansions to the water supply, treatment, storage and
distribution facilities; and improvements to the municipal wastewater facilities
in Lake County, State of Florida, which
may be paid for in part with financial assistance from the United States of America, acting through the Farmers Home Admin-
istrationof the United States Department of Agriculture, 'hereinafter referred to as FHA, pursuant to the Consolidated Farmers
Home Administration Act of 1961 as amended (7 U. S. C. 1921' et seq.), and the ENGINEER agrees to perform the various
professional engineering services .required for the design and construction of said sy'stem; .
WITNESSETH:
That for and in 'consideration of the mutual covenants 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 preliminary 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 to
the OWNER
S. The ENGINEER 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 survE!Ys, accomplish 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 spe.cifications. 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 wiil furnish supervision
of said explorations 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. Special conditions and the notice of award and the notice to proceed shall also b'e prepared
by the ENGINEER.' All of these documents shall be subject toFHA approval.
8~' Prior to the advertisement' for bids, the. ENGINEER for each contract will provide not to 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 documen!s shaH be included in the basic compensation 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 location of the proposed improvements on the ground. The egineer shall prepare and furnish to
the owner without any additional compensation, 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 invloved. Property surveys
property plans, legal description 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 and E hereof.
11. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analyis 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 specifications to protect the owner against defects and
deficiencies in construction on the part of the contractors. The engineer will not, however, guarantee the per
formance by any contractor
14. The ENGINEER will provide horizontal and vertical control for all structures 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 provided detailed construction inspection as provided in section C hereof upon the written request
of owner and for the additional compensation set forth in said section C. The engineer does not quearantee the
performance of the contractos by the engineers performance of such detailed construction inspection.
the engineers undertaking hereunder shall not relieve the contractor of his obligation to perform the work in
confirmity with the plans and specifications and in a workman like manner, shall not make the engineer an in
surer of the contractors 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 the owner with one set of reproducible as built 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 prepare notices and advertisement of final payments if required by state statutes
21. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unfore
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 operation
and maintenance but will not include supervision of normal operation of the system. such consultation and advice
shall be furnished without additional charge except for travel and subsistence costs as provided in section e hereof
22. The ENGINEER further agrees to obtain and maintain at the engineers expense, such insurance as will protect
him and the owner from claims under the workman's compensation act and from all clams for bodily injury, death,
or property damage which may arise from the negligent performance by the engineer or by the engineers
employees of the engineers functions and services required under this agreement
SECTION B COMPENSATION FOR BASIC ENGINEERING SERVICES
That' the OWNER shall compensate the ENGINEER' for basic engineering services based on percentages of the Total
Actual Construction Costs. shown in Table land Table II set forth in Attachment I which is attached hereto and made a
part hereof. The percentage factors applicable shall be those figures adjacent to the Total Actual 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 treatment, and water storage facilities, and wastewater
facilities
which items the percentage factor shown in Table I shall apply; provided, however, if the total actual con;struction costs
ess than the lowest total actual construction cost,figure shown on Attachment I, the OWNER agrees to pay the ENGINEER
a total fee not to exceed ten thousand and no/100 Dollars ($10,000)'
The construction costs on which the compensation for 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 of Three Thousand Eight Hundred and no/100 Dollars ($3,800)
after the review ofthe preliminary engineering report by.the FHA and acceptance by th'e OWNER.
2. A sum which together with' the specific sum set .forth in Section B-1' above equals seventy percent (70%) of the total
compensation based on the ,final cost estimate after completion and submission .of the final plans, specifications,
cost estimates, and contract documents, and the acceptance of the same by the OWNER and FHA.. .
3. A sum equal to ten percent (10%) of the total compensation based on construction contract costs immediately after
the construction contracts are awarded.
4. A sum equal to twenty percent (20%) of the total compensation based on the actual construction cost will be paid on
a periodic basis during the construction period on percentage ratios identical to those. approved by the ENGINEER
as a basis upon which to make partial payments to the contractor(s). However,. 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
(100%) of the, basic coinpenSation determined on actual 'Lotal construction costs. Final payment shall not be made
until, it is determined that all services required by this .Agreement have been com'pleted ,except for the services set. .
forth in Section A-21.hereof. If tlie 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, 8:-2 thru 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 current Chart indicating Range
of Compensation for Professional Services, Florida Engineering Society, if such
calculation results in a lower fee'~a.y.able by the Owner. .
**Under a separate agreement between the Owner and the Engineer dated May. 9,' 1973,
the Owner i sto compensate the Engineer on a '"time' and expense" basis not to exceed
the amount of three thousand eight hundred dollars ($3,800) for preparation of the
IIEngineering,Reportll on waterworks improvements, up to .two thousand dollars ($2,000)
of such fee to be credited agai.nst design fees earned on projects stemming from said
report.
SECTION C -COMPENSATION FOR RESIDENT INSPECTION
If the OWNER requests in writing the ENGIN.EER will provide detailed,' full. time, resident, construction in~pecti6n,
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 ~ill render to OWNER for such services an itemized bill, separateJrom any
other billing, at the end of each month for compensation for such services performed hereunder ~uring 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
actual payroll costs plus fifty (50) per c~nt thereof for .overhead costs and profit,
plus actual costs, times a1.2 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 I, sub-paragraph C. '
1
SECTION D — ADDITIONAL ENGINEERING SERVICES
In addition to the foregoing services, the following services may be required upon wntten authorization of the OWNER •
and approval of the FHA.
1. Site surveys for water treatment plants, sewage 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, an adjustment in basic compensation amounting r
$ Not Applicable per site acre shall be added to basic compensation set forth in Section B.
Payment for the services specified in this Section D shall be in accordance with the schedule set out in Section E hereot.
The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, at the end of
each month for compensation for 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 $ 30.00
Three —man party $
Two —man party $ 25.00
Construction Inspection -
Resident Engineer $ 10.00
Resident Inspector $ 6.00
Engineering and General Supervisor
Principal or Officer of Firm $ 30.00
Project Engineer $ 20.00
Field or Design Engineer $ 15.00
Field Office Assistant $ 12.00
Land Surveyor $ 18.00
REIMBURSABLE EXPENSES
1. Travel from office at $ 0.12 per mile, or at actual out -of- pocket cost, plus time at above rates for both ways.
2. Actual cost of subsistence and lodging.
3. Actual cost of long-distance telephone calls, telegrams, express charges, and postage other than ordinary first- class.
4. Actual cost of materials required for the job and used in surveying, drafting, 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.
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 inthe.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 officials,'
this Agreement in duplicate on the respective dates indicated belqw.
(SEAL)
Owner: City of Clermont, Florida
By
Type Name Don E Smith
Title Mayor
Attest
Type Name Robert M Hopkins
Title City Manager
date: June 28, 1973
(SEAL)
ATTEST:
Type Name William P Simpson
Title Assistant Secretary
Engineer: Dawkins & Associates, Inc.
by
Type Name M. E. Dawkins, P.E.
Title President
APPROVED:
FARMERS HOME ADMINISTRATION
By
Type Name
Title - Engineer
INTERIM AGREEMENT
(For use only when OWNER is not legally organized on the date the Agreement for Engineering Services is executed)
In lieu of the execution of the foregoing Agreement for Engineering Services dated the
day of , 19 __________ , by the party designated as OWNER therein, the undersigned, hereinafter
referred to as INTERIM PARTIES, have executed this Interim Agreement in consideration of the services described in
Section A -1 thru 5, inclusive, of said Agreement for Engineering Services to be performed by the ENGINEER, and the
ENGINEER agrees to accept this Interim Agreement as evidenced by ENGINEER'S execution hereof contempoianeously
with the execution of the Agreement for Engineering Services. The ENGINEER also agrees to perform the services set
forth in said Section A -1 thru 5, inclusive, of said Agreement, in consideration of the sum stated in Section B -1 of said
Agreement to be paid in the manner set forth therein. �`
It is anticipated that the OWNER shall promptly become a legal entity with full authority to accept and execute sa...
Agreement for Engineering Services and that the OWNER, after becoming so qualified, shall promptly take such action as
necessary to adopt, ratify, execute, and become bound by the Agreement for Engineering Services. The ENGINEER agrees
that upon such due execution of the Agreement for Engineering Services by the OWNER, the INTERIM PARTIES automatically
will be relieved of any responsibility or liability assumed by their execution of this Intenm Agreement, and that the ENGINEER
will hold the OWNER solely responsible for performance of the terms and conditions imposed upon the OWNER by the Agree-
ment for Engineering Services, including the payment of all sums specified in Section B -1 of said Agreement.
If the OWNER is not legally organized, or if after being duly organized it fails or refuses to adopt, ratify, and execute the
Agreement for Engineering Services within 30 days from the date it becomes legally organized and qualified to do so, or if
for any other reason the project fails to proceed beyond the preliminary stage described in Section A -1 thru 5, inclusive,of
said Agreement, the INTERIM PARTIES agree to pay ENGINEER for such preliminary engineering services an amount not to
exceed the sum specified therefor in Section B -1 of said Agreement.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,
this Agreement in duplicate this day of , 19
INTERIM PARTIES
Type Name
Type Name
Type Name
ENGINEER.
B y
Type Name
ATTEST.
Title
Type Name
Title
Median Fees for Professional
Engineering Services Section A Form FHA 442-19
AS A PERCE:NTAGE OF NET CONSTRlUCTION COST
FLORIDA
A. The fees are to be adjusted to suit special conditions as stated in
contract
Net Construction Cost
TAble 1
Table 2
8.5
7.7.
7.3
7.0
6.7
6.5
6.3 "
6.2
6.1
6.0
5~6
5.4,
11.5
10.5
9.6
,9.2.
'8.H
8.4
8.2
8.0
,7.8
7.6 '
7.0.
6.8
For construction: projects that are less than $30, 000 ln size or ..
rehabilitation of existing distribution systems,' the median compensation
may be increased over that, shown in the above t:ables. The engineer will be
compensated for basic engineering servIces based on a percentage of the"
total actual construction costs of projects of unusually complex items such
as water treatment plants, sewers, and sewage treatment plants as shown in
Table 1, and for. all other, projects as shown in Table 11. The owner ,will be
in full agreement with the engineering compensation and will understand the
reasons why.,such compensation is. justified.
B: The Englneer also agrees to make an inspection of the facilities prior
to the end' of the one-year Warranty and report any. deficiencies noted and
suggest ways of getting them correctod to the Association (Town,' etc)
without charge
C. Maximum amount of loan and/or grant funds that can be authorized to
compensate an, engineer for providing a full-time resident inspector in
accordance with Section "C"of Agreemont For Engineering Services, Form
442-19, will be as follows:,' (added PN 550 10-8-71).
a. 2% of construction cost for water systems, or
b. 3% of construction cost for waste water systems
DAWKINS & ASSOCIATES, INC.CONSULTING ENGINEERS
PO. BOX 8964 ORLANDO, FLORIDA 32806
May 9, 1973
Honorable Mayor and City Councilmen
City Hall
City of Clermont
Clermont, Florida 32711
Attention: Mr. Robert M. Hopkins
City Manager
Engineering Report --
Water System
Gentlemen:
During the course of collection of data pertinent to your wastewater
disposal problem and through conversations with you, it is recognized
that information relating to the production capabilities and the general
status of the water supply system serving the City of Clermont is in need
of evaluation.
Apparently there has been no engineering review of the system for quite
some time; therefore, sound management yardsticks are not readily availa-
ble to either administrative or operating personnel. Systematic sampling
and analysis of the chemical, physical, bacterological characteristics of
the water supply should be instituted. Specific capacities, drawdown, and
yields of the wells should be routinely recorded. An evaluation of the
adequacy of elevated storage with comparison to fire requirements and power
interruptions should be made. The adequacy of the present distribution
system with respect to meeting peak domestic and fire flow requirements,
as well as its flexibility for ready expansion to meet future needs, should
be studied. The current financial status of the water utility should be
examined.
We propose an evaluation of these and related conditions, utilizing all
the existing data that may be available to us from City records -- that is,
an engineering assessment of the entire system. Our firm would compile and
submit a report on our findings, to include recommendations relating to
needed improvements -- as well as methods of financing and/or alternatives
thereto as appear feasible -- to meet the City's long and short term needs
for water supply and distribution.
Honorable Mayor and City
Councilmen
-2-
May 9, 1973
Our staff has a depth of training and experience in these areas to pro-
vide the necessary consulting engineering services, and to submit an
appropriate report useful to the City in planning a definitive course
of action.
These services will be rendered at our standard rate on an hourly fee
basis as follows:
Senior Engineer
Engineer
Engineering Technician
Draftsmen
Junior Draftsmen
Clerical
$32.00
22.00
16.00
12.60
10.00
10.00
Plus job connected travel and other direct
out-of-pocket special job expenses.
Further, it is hereby agreed that such total cost to the City for pre-
paring and submitting the recommended report shall not exceed $3,800.00.
These services and costs, however, are exclusive of any field surveying,
line location or related field work which maybe required in order to
provide full information relating to the status of the water system.
Such special work may be accomplished by City forces or provided for under
separate authorization, as and if deemed necessary to support the engineering
study.
It is anticipated that the work of data collection, review, assembly and
report preparation can be performed over a period of 8 to 10 weeks subse-
quent to your authorization to proceed.
It is our hope that the above proposal meets with your approval and that we
may have the opportunity of serving your City in this additional capacity.
If so, your acceptance by appropriate signature as indicated below and return
of one copy would be appreciated. This will serve as our authorization to proceed.
Sincerely,
DAWKINS & ASSOCIATES, INC.
D. L. Crowson, P. E.
Vice President
DLCjlb
Honorable Mayor and City
Councilmen
-3-
May 9, 1973
APPROVED FOR DAWKINS & ASSOCIATES, INC:
BY
M. E. Dawkins, P. E.
President
PROPOSAL ACCEPTED AND NORMAL ENGINEERING SERVICES HEREBY AUTHORIZED:
CITY OF CLERMONT, FLORIDA
BY: Rovert M. Hopkins, City Manager
Signature and Title
14 June 1973
Date
City Manager Hopkins was
authorized to execute this
proposal at Special Mtg.
held on 2-18-73.
DAWKINS & ASSOCIATES, INC.' CONSULTING ENGINEERS
PO. BOX 8964 ORLANDO, FLORIDA 32806
February 15, 1973
Honorable Mayor and City Councilmen
City Hall
Clermont, Florida
Attention: ' Mr. Robert M. Hopkins
City Manager
Engineering Services --
City of Clermont, Florida
C44-S-01
Gentlemen:
Responding to the request resulting from our discussions Wednesday, Febru-
ary 7, 1973, we are pleased to submit a proposal for engineering services'
relating to your wastewater effluent disposal problem.
To summarize this problem, it is our understanding that the effluent per-
colation ponds (designed to serve the newly constructed sewage treatment
plant facilities) are not functioning as intended. Apparently the assimi-
lative capacity is not as great as anticipated and the Pollution Control
Department of Lake County will not permit discharges to the Palat1akaha
Marsh. Secondly, the Lake County Pollution Control Department has imposed
such stringent regulations upon renovated wastewater being discharged to
surface waters that such discharges may be effectively prohibited by current
administrative rulings. Finally, the capacity of,the existing percolation
ponds for disposal of treated effluent is the limiting factor in the waste-
water system, and additional connections to the system may be restricted
pending correction of the problem.
We propose to evaluate the problem utilizing all existing data that may be
available to us from City records, fully determine the regulatory constraints
applicable to the problem, make an engineering assessment, compile and submit
a report containing our recommendations for such solution and/or alternatives
thereto, as may appear feasible to meet both long and short term needs for
effluent disposal.
Our staff has the depth of training and experience in the various disciplines
which we believe to be essential to providing the consulting services neces-
sary to a cost-effective solution of this problem.
52 W PENNSYLVANIA STREET 305/241-1501
Honorable Mayor and City Councilmen
February 15, 1973
These services will be rendered at our standard rate on an hourly fee basis
as follows:
Senior Engineer. . . . $32.00
Engineer . . . . . . . 22.00
Engineer Technician 16.00
Draftsman . . . . 12.60
Junior Draftsman 10.00
Clerical ...... 10.00
Plus job-connected travel and other direct
out-of-pocket special job expenses.
Further, it is hereby agreed that such total costs to the City for preparing
and submitting the report shall not exceed $3,750.00. These services and
costs, however, are exclusive of any soil sampling or field survey data (that
may be required in order to provide full information relating to this problem);
which soil or survey work shall be accomplished under your separate authoriza-
tion, as and if deemed appropriate upon proceeding with the engineering study.
It is anticipated that the work of data collection, revieW, assembly, report
preparation and presentation can be performed over a period of eight to ten
weeks subsequent to your authorization to proceed.
It is our hope that the above proposal meets with your approval, and that we
may have the opportunity of serving your City. If so, your acceptance as
indicated below by appropriate signature and return of one copy would be appre-
ciated, and will serve as our authorization to proceed.
Sincerely yours,
DAWKINS & ASSOCIATES, INC.
David L. Crowson, P. E.
Senior Project Manager
Vice-President
DLC/l b
PROPOSAL ACCEPTED AND NORMAL ENGINEERING SERVICES HEREBY AUTHORIZED:
CITY OF CLERMONT
By:
Date
Signature and Title