1991-11
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DER CONTRACT NO. EDB15 9/ - 0 II
FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
AGREEMENT FOR CLERMONT WATER EXTENSION FEASIBILITY STUDY
CONTRACTOR
CITY OF CLERMONT
P.O. Box 120219
Clermont, Florida
34712-0219
FEID NO. 59-6000290
The Florida Department of Environmental Regulation (DER)
hereby retains the CONTRACTOR to perform a feasibility study to
address the viability of, and to provide sufficient engineering
data for, a public water system for the old Groveland area south
of the City of Clermont as a solution to the restoration or
replacement of contaminated wells in the area. All services
shall be performed in accordance with Attachment A, Scope of
Services, attached hereto and made a part hereof.
CONTRACTOR RESPONSIBILITIES
The CONTRACTOR is responsible for the professional quality,
technical accuracy, timely completion and coordination of all
preliminary designs, drawings, specifications, reports and other
services furnished by the CONTRACTOR under this contract. The
CONTRACTOR shall, without additional compensation, correct or
revise any errors, omissions or other deficiencies in its
preliminary designs, drawings, specifications, reports and other
services.
QUALITY ASSURANCE PLAN
Because sample collection and chemical and biological
analyses are not part of the contract scope of work, a Quality
Assurance Plan shall not be required for performance of services
under the terms of this contract.
REPORTS
In an effort to conserve and recycle natural resources, the
CONTRACTOR shall submit all reports generated under this contract
on recycled paper.
The CONTRACTOR shall submit monthly progress reports,
letter format, commencing 30 days after contract execution.
in
The CONTRACTOR shall submit the final report and all
associated maps, as outlined in the Scope of Services, to the DER
no later than September 15, 1991.
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, DER Contract
No. EDB15
Page 2
TERM OF AGREEMENT
This contract is effective on the date of execution and shall
remain in effect until September 30, 1991, by which date all
requirements shall have been completed.
SUBLETTING
1.
The CONTRACTOR shall not sublet, assign or transfer any work
under this agreement without the written consent of the DER,
with the exception of Springstead Engineering, Inc. The DER
reserves the right to reject any subcontractor based upon
prior experience.
2.
The CONTRACTOR agrees to notify the DER of all subcontracts
not listed above, no less than ten (10) days prior to the
effective date of the subcontracts for the purpose of consent
to their use by the DER. The CONTRACTOR agrees to provide the
DER with an executed copy of all subcontracts within ten (10)
days after the effective date of the agreement.
The CONTRACTOR agrees to be responsible for the fulfillment
of all work elements included in the subcontracts and agrees
to be responsible for the payment of all monies due under any
subcontract and hold the DER harmless from any liability or
damages arising under, or from, any subcontract.
3.
NOTICE
Any notice or other written communication, except invoices,
between the parties shall be considered delivered when posted by
Certified Mail, return receipt requested, or delivered in person
to the Project Manager.
COMPENSATION
For satisfactory performance, the DER agrees to compensate
the CONTRACTOR on a cost reimbursement basis. Maximum
compensation under this contract shall not exceed $24,000.
The state of Florida's performance and obligation to pay
under this contract is contingent upon an annual appropriation by
the Legislature or continuation of other funding presently
anticipated, without liability for anticipated profits for
unfinished work.
PAYMENTS
The CONTRACTOR shall submit invoices on a convenient basis,
but not more frequently than monthly, in conjunction with
progress reports as required herein. A final invoice must be
submitted no later than October 15, 1991, to assure the
availability of funding for final payment.
DER Contract
No. EDB15
Page 3
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The DER shall pay all satisfactory invoices in accordance
with Section 215.422, Florida statutes. Each invoice submitted
must be in detail sufficient for preaudit and postaudit review.
Four copies of each invoice, including appropriate backup
documentation, shall be submitted to:
Department of Environmental Regulation
Bureau of Drinking Water and
Ground Water Resources
Attn: Management Analyst
2600 Blair stone Road
Tallahassee, Florida 32399-2400
The DER shall have fourteen (14) calendar days from receipt
of a deliverable to review said deliverable to determine
satisfactory performance. If said deliverable is acceptable to
the DER, the invoice shall be processed for payment with the
invoice processing time beginning on the date the DER approved
the work product submitted by the CONTRACTOR.
The state Comptroller requires detailed supporting
documentation of all costs under a cost reimbursement contract
necessary for preaudit and postaudit review. Invoices shall be
accompanied by supporting documentation and other requirements as
follows:
1.
Salaries/Waqes - The CONTRACTOR shall not be reimbursed for
direct salaries or multipliers (i.e. fringe benefits,
overhead, and/or general and administrative rates) for city
employees.
2.
Contractual (Subcontractors) - Reimbursement requests for
payments to Springstead Engineering, Inc. shall be made in
accordance with the following Fee Schedule:
Professional Engineer
Engineer
Engineering Technician
$60.00 per hour
$48.50 per hour
$37.50 per hour
Invoices shall clearly identify the personnel involved,
salary rate per hour, and hours/time spent on the project.
3.
Travel - Travel expenses are not
of this contract.
authorized under the terms
4.
Equipment (Capital outlay over $500 in value)
Reimbursement for the purchase of equipment is not authorized
under the terms of this contract.
DER Contract
No. EDB15
Page 4
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MANAGEMENT
The DER's Project Manager is Glenn M. Dykes, Phone
904/488-3601. The CONTRACTOR's Project Manager is Wayne
Saunders, Phone 904/394-4081. All matters shall be directed to
the Project Managers for appropriate action or disposition.
The CONTRACTOR agrees to the following terms:
1.
The DER may terminate this contract for its convenience. In
this event, the CONTRACTOR shall be compensated for work
satisfactorily completed and for irrevocable commitments
made.
2.
All services shall be performed
satisfaction of the Secretary of
representative.
by the CONTRACTOR to the
the DER or her designated
3.
If the CONTRACTOR fails to perform in a timely and proper
manner, in the judgment of the DER, the DER may terminate
this contract by written notice, specifying the effective
time/date. In this event, the CONTRACTOR shall be
compensated for any work satisfactorily completed.
The DER may at any time, by written order designated to be a
change order, make any change in the work within the general
scope of the contract (e.g., specifications, time, method or
manner of performance, requirements, etc.). All change orders
are subject to the mutual agreement of both parties as
evidenced in writing. Any change order which causes an
increase or decrease in the CONTRACTOR's cost or time shall
require an appropriate adjustment and modification
(amendment) to this contract.
4.
5.
The CONTRACTOR shall maintain books, records and documents
directly pertinent to performance under this contract in
accordance with generally accepted accounting principles
consistently applieq. The DER, the State, or their
authorized representatives shall have access to such records
for audit purposes during the term of the contract and for
three years following contract completion.
6.
The CONTRACTOR covenants that it presently has no interest
and shall not acquire any interest which would conflict in
any manner or degree with the performance of services
required.
The CONTRACTOR warrants that he has not employed or retained
any company or person, other than a bona fide employee
working solely for the CONTRACTOR to solicit or secure this
agreement and that he has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than
7.
. DER Contract
No. EDB15
Page 5
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a bona fide employee working solely for the CONTRACTOR any
fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this
agreement. For the breach or violation of this provision,
the DER shall have the right to terminate this agreement
without liability and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
8.
The DER reserves the right to unilaterally cancel this
contract for refusal by the CONTRACTOR to allow public access
to all documents, papers, letters, or other material subject
to the provisions of Chapter 119, Florida statutes, and made
or received by the CONTRACTOR in conjunction with this
contract.
9.
Unless and to the extent indicated otherwise in
titled SUBLETTING, this contract shall not be
transfer, assignment, sale or other disposition
have the effect of substituting the CONTRACTOR's
with that of another.
the section
subject to
which would
performance
SEVERABILITY
In the event one or more provisions of this contract are
declared invalid, the balance of this contract shall remain in
full force and effect.
ENTIRE AGREEMENT
It is hereby understood and agreed that this contract states
the entire agreement and that the parties are not bound by any
stipulations, representations, agreements, or promises, oral or
otherwise, not printed in this contract.
CITY OF CLERMONT
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Title:
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Date:
FLORIDA DEPARTMENT OF
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Secretary
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ATTACHMENT A
SCOPE OF SERVICES
PRELIMINARY TASKS
1.
Define broad service area. Obtain tax assessor's maps and
aerials for acreage, lots and service area. Obtain maps and
data pertaining to Ethylene Dibromide (EDB) testing and
treatment systems.
2.
Prepare detailed map and
with ownership map.
inventory of positive
EDB results
3.
Prepare map of public water systems in service area
ownerships, capacities and number of services.
with
4.
Prepare map of existing city water service in service area.
5.
Prepare map of feasible future service in service area.
6.
Prepare map of public systems which might be acquired.
7.
map of Public Service commission (PSC) franchises in
Prepare
area.
8.
Prepare contour map based on United States Geological Survey
(U.S.G.S.) Quadrangle Maps.
FIELD INVESTIGATIONS
1.
visit sites with public water systems to inspect supply
systems, photograph systems for the record, run flow tests,
inspect line size and materials, determine accessibility, and
locate possible tie-in points.
2.
Visit Florida Department of Environmental Regulation (FDER)
and obtain chemical analysis and FDER inspection reports on
all public systems in the area. Obtain ownership qnd
operation and maintenance records.
3.
Ride possible water main routes and note items
(rights-of-way, utilities, etc.) which may affect
construction. Note locations and possible access to
residences with private wells.
4.
visit County officials regarding funding to see if monies are
available from County sources for service area systems with
fire department services.
5.
Visit Farmers Home Administration (FrnHA)
construction of water system in area.
for
for funding
, . .
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DATA AND REPORT
1.
Add residences with private wells to maps. Generate initial
water main routes and tie-ins to public and private water
supplies and services.
2.
Set-up and run "Kentucky Water" computer model for supply,
storage and distribution and operation analysis. Revise
water main routes and service area as necessary to obtain a
functional design.
3.
Specify equipment and
standards.
and FDER
materials
required by City
4.
Materials take-off and
considering rights-of-way,
considerations.
cost estimates
other physical
construction
bridges, and
5.
Economic analysis to determine feasibility of extending the
City service to the proposed service area. Revise the
service area as necessary and perform additional analysis and
preliminary designs to arrive at a service area which is
economically feasible.
6.
Funding costs by entity (City, FrnHA, County, FDER).
7.
Operation and maintenance cost to City.
8.
Derive impact fees to be required by the City.
9.
Derive monthly consumption use fees.
10. Establish estimated build-out schedule of project.
DER Contract No. EDB15, Attachment A, Page 2 of 2