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AGREEMENT roR ENGINEERING SERVICES
~s Agreement , made this
3rd day of
March
, 19 87, by
and between the City of Clermont, hereinafter referred to as the avN-
ER, and Spr~ Erçineering, Inc., City Erçineer, hereinafter re-
ferred to as the ENGINEER:
mE aiNER in't:ems to construct a Flow-Equalization Basin and ap-
proximately 15,000 feet of force main in Clermont, Iake county, State
of Florida, which the ENGINEER agrees to perfonn the various profess-
ional enginee.rin;J services for the design and construction of said
system .
WI'lNESSEIH :
'!hat for an in consideration of the DUtual covenants and premises be-
tween the parties hereto , it is hereby agreed :
SECl'ION A - ENGINEERING SERVICES
'!he ENGINEER shall furnish engineering services as follows:
1. '!he ENGINEER will attend conferences with the aiNER or other
interested parties as may be reasonably necessaJ:y.
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2 . After the OWNER directs the ENGINEER to proceed, the ENGINEER
will perfonn the necessary design surveys, accamplish the detail-
ed design of the project, prepare oonst.ruction drawings, specif-
ications and oontract documents, and prepare a final cost esti-
mate based on the final design for the entire system. It is also
understood that if subsurfaøe explorations (such as borings, soil
tests, rock ~ and the like) are :required, the ENGINEER
will fumish ooordination of said explorations without additional
charge, but the costs incident to such explorations shall be paid
for by the OWNER as set out in Section D hereof.
3 . '!he documents fumished by the ENGINEER umer Section A-4
include but are not limited to contract documents, including Gen-
era! COnditions, SUpplemental General COnditions, contract Change
Orders, and partial payment esêmates . All of these documents
shall be subj ect to approval by the aiNER.
4 . Prior to the advertisement for bids, the ENGINEER will pr0-
vide for each oonst.ruction contract, not to exceed 10 copies of
detailed drawings, specifications, and oontract documents for use
by the aiNER, appz'Opriate Federal, state, and local agencies fram
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whan approval of the project must be obtained. '!he cost of such
drawiDJs, specifications, and contract documents shall be
included in the basic ~tion paid to the ENGINEER.
5. '!he ENGINEER will furnish additional copies of the drawin;Js,
specifications and contract documents as required by prospective
bidders, material suppliers, and other interested parties, but
may cha%ge them. for the reasonable cost of such copies. Upon
award of each contract, the ENGINEER will furnish to the aiNER
five sets of the drawin;Js, specifications and contract documents
for execution. '!he cost of these sets shall be included in the
basic CO'IDpe11Sation paid to the ENGINEER. oriqinal dOOI1IJIATlts, sur-
vey notes, 't.raciJçs, and the like, except those fumished to the
ENGINEER by the aiNER, are and shall remain the property of the
ENGINEER.
6 . '!he drawin;Js prepared by the ENGINEER urñer the provisions of
Section A-2 above shall be in sufficient detail to pennit the act-
ual location of the p:oposed inprovement:s on the grcϖ. '!he EN-
GINEER shall pœpare and furnish to the CHmR without ar'¥ addi-
tional ~tion, three copies of a mapes) shc:1.dn:J the qeneral
location of needed construction easements and pernanent ea~
and the land to be acquired. Property surveys, property plats,
property descriptions, abstracting and negotiations for land
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rights shall be accanplished by the æNER, unless the CMNER re-
quests, and the ENGINEER agrees to provide these services. In
the event the ENGINEER is requested to provide such services, the
ENGINEER shall be additionally ~1iþt:llSated as set out in section
D hereof.
7 . '!he ENGINEER will atterñ the bid operrlnj and tabulate the bid
proposals, make an analysis of the bids, and make :r&..:aLIlL-=OOations
for awarding contracts for construction.
8. '!he ENGINEER will review and approve, for confomance with
the design concept, any necessary shop and working drawings furn-
ished by the contractors .
9 . '!he ENGINEER will interpret the intent of the drawings and
specifications to protect the œNER against defects and defic-
iencies in oonstructi.on on the part of the contractors . '!he EN-
GINEER will not, hcwever, guarantee the perfomance by any oon-
tractor.
10. The ENGINEER will establish baselines for locatin;J the work
together with a suitable number of bench marks adjacent to the
work as shown in the cx:mtract documents .
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11. '!he ENGINEER will provide general EDJineerinq :review of the
work of the contractors as const:ruction progresses to ascertain
that the contractor is confonnin:j with the design ooncept.
12. Unless notified by the CHŒR in writing that the CHŒR will
provide for resident inspection, the ENGINEER will provide resi-
dent const:ruction inspection . '!he ENGINEER'S unde.rt:aking here-
under shall not relieve the caItractor of contractor's obligation
to perform. the work- in conformity with the drawin:Js am specifica-
tions am in a workmanlike manner; shall not make the ENGINEER an
insurer of the contractor's perfœ:manoe; am shall not :inpose up-
on the ENGINEER any obligation to see that the work is perfcmœd
in a safe marmer.
13 . '!he ENGINEER will cooperate am work closely with aiNER' S
representati vas.
14 . '!he ENGINEER will review the contractor's applications for
progress am final payment am, when approved, submit same to the
CHŒR for payment.
15 . '!he ENGINEER will prepare necessary contract change orders
for approval of the CHŒR, on a timely basis.
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16. '!he ENGINEER will make a final review prior to the issuance
of the statement of substantial ocmpletion of all construction
and submit a written report to the CHmR. 'Prior to suJ::anittjn;J
the final payesêmate, the ENGINEER shall submit a statement of
completion to and obtain the written acceptanoe of the facility
from the permittin;J goverrmental agencies and from the CHmR.
17. '!he ENGINEER will provide the CHmR with one set of :record
drawing prints at no additional cost to the CHmR. SUch drawings
will be based upon construction recœ:ds provided by the cxmt:rac-
tor durinJ constmction and reviewed by the resident inspector
and from the resident inspector' s constmction data.
18 . '!he ENGINEER will be available to furnish en:JineeriDJ ser-
vices and consultations neœssary to oorrect unforeseen proj ect
operation difficulties for a period of one year after the date of
statement of substantial ocmpletion of the facility. This ser-
vice will include instruction of the CMNER in initial proj ect 0p-
eration and maintenance. SUch consultation and advice shall be
fumished without additional charge except for travel and subsis-
tence costs. '!he ENGINEER will assist the CMNER in perfœ:ming a
review of the project duriDJ the 11th 1OOJ1th after the date of the
certificate of substantial ocmpletion.
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19. Iß1e ENGINEER further agrees to obtain and maintain, at the
ENGINEER I S expense, such insurance as will protect the ENGINEER
from claims under the Workman I s Cc:Itpensation Act and such canpre-
hensive general liability insurance as will protect the œNER and
the ENGINEER from all claims for bodily injury, death, or proper-
ty damage which may arise from the performance by the ENGINEER or
the ENGINEER I S employees of the ENGINEER I S ftmctions and services
required under this Agreement .
20. Upon the execution of this contract by the œNER, the EN-
GINEER will canplete final plans, specifications and contract doc-
uments and submit for approval of the CMNER and all State regula-
tory agencies within 150 calemar days from the date of authoriza-
tion unless otherwise agreed to by both parties.
If the aboVe is not' aoccmplished within the time period speci-
fied, this Agreement may be terminated by the CMNER. Iß1e time
for completion will be extended by the CHmR for a reasonable
time if completion is delayed due to unforeseeable causes beyond
the control and without the fault or negligence of the ENGINEER.
(M12901AGR)
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SECp:ON B - çr:HPENSATION FUR ENGINEERING SERVICES
1. '!he CHJER shall oanpensate the ENGINEER for design and contract
administration ergineerirr:J services in the anomt as shown in Attach-
ment 1.
(a) When Attachment 1 is used to establish compensation on each
contract for the design and contract administration services, the
actual construction costs on which compensation is determined for
each contract and shall exclude legal fees , administrative costs,
enqineerirr:J fees, land rights, acquisition costs, and interest ex-
pense incurred durirr:J the construction period.
2 . '!he compensation for enqineerirr:J services, design and contract ad-
ministration services shall be payable as follows :
(a) A smn which equals seventy percent (70%) of the total compen-
sation payable in IOOnthl Y install1Dents reflecting percentages of
CO11'pletion from time to time, umer Section B, l(a) for the prep-
aration of construction drawings, specifications, cost esêmates
and contract documents .
(b) A smn which equals eighty percent (80%) of the compensation
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payable in nart:hl Y installments reflec:ti.rg percentages of cœple-
tion to the 'ême when contracts are awaI.'ded.
(c) A sum equal to fifteen percent (15%) of the Cû1~tion
will be paid on a nart:hly basis for general erçineerin) review of
the contractor I s work durin) the construction period on percen-
tage ratios identical to those approved by the ENGINEER as a bas-
is upon which to make partial payments to the oontractors . H0w-
ever, payment under this paragraph am of such additional smns as
are due the ENGINEER by reason of any necessary adjusbnents in
the payment oamputations will be in an annmt so that the aggre-
gate of all smns paid to the ENGINEER will equal ninety-five
(95%) of the compensation. A final payment to equal 100 percent
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shall be made when it is determined that all services :required by
the Agreement have been cxaopleted except for the services set for
in section A-18 hereof.
SECrION C - CXMPENSATION :roR RESIDENT INSPECl'ION AS SEl'
FORlH m SECrION A-12
When the ENGINEER provides resident inspection, the ENGINEER
will, prior to the preconstruction conference, submit a resune of the
resident inspector I s qualifications, anticipated duties am responsi-
bilities for approval by the aiNER. '!he aiNER agrees to pay the EN-
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GINEER for such services in accordance with the schedule set out in
Attachment J. . '!he ENGINEER will :render to œNER for such services an
itemized bill, once each month, for c:::c.I1tp8I1Sation for such services
pe:rfcmned hereurñer during such period, the same to be due am pay-
able by the OWNER to the ENGINEER on or before the J.Oth day of the
folla.rlnq period. Under normal construction circumstances, am
forthe proposed construction period of J.80 days, the cost of resident
inspection is shown on Attachment J. .
SECI'ION D - ADDITIONAL ENGINEElUNG SERVICES
In addition to the foregoing beirg performed, the folla.rlnq services
may be provided UR>N PRIOR WR1'ITEN AUIHaRIZATION OF THE OWNER.
J.. site surveys for sewage treatment works, am other similar
special surveys as my be required. .
2 . laboratory tests, well tests, borings , special ized geolog-
ical , soils, hydraulic, or other studies reccmnended by the EN-
GINEER.
3. Property surveys, detailed description of sites, maps, draw-
ings, or estimates related thereto; assistance in negotiating for
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land and ~c:pmpnt rights.
4. Redesigns ordered by the OWNER after final plans have been ac-
cepted by the OWNER.
5. Appearances before courts or boards on matters of litigation
or hearir'gs related to the project.
6 . Preparation of environment inpact assesC!11'ents or environ-
mental inpact statements as may be neœssazy.
7 . Perfœ:mance of detailed S't:aJdnj neoessæ.y for construction of
the project in excess of the control S't:aJdnj set forth in Section
A-10.
8 . '!he ENGINEER further agrees to provide the operation and main-
tenance manual for facilities when required for $.§,800.00.
Payment for the services specified in this Section D shall be as
agreed in writirç between the OWNER prior to ccmnencement of the
work.
'!he ENGINEER will render to OWNER for such services an itemized
bill, separate from any other billing, once each month, for com-
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pensation for services performed heramder durirç such period,
the same to be due and payable by CHmR to the ENGINEER on or be-
fore the loth day of the follOltlirç period.
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SECl'Iœ E - Du1!il<l!ST ON UNPAID SUMS
If æNER fails to make any payment due ENGINEER within 60 days
for services and expenses, the ENGINEER shall be entitled to interest
at the rate of twelve percent (12%) per annum fram said 60th day.
SECrION F - SPECIAL PROVISIONS
Additional services in section D above will be billed to the
avNER at the following rates :
HCXJRLY FEE SŒEIDIE FOR PROFESSIONAL SERYICE'S
AœINIS'IRATION
Principal
Secretary
Clerical
$65.00
19.50
12.50
ENGINEERING
Professional EDjineer, P. E .
EDjineer
Proj eat Engineer
EDJineerin:J Technician
Design Draftsman
Draftsman
Camputer Time H. P. HASP: Digitizer-Plotter
Camputer Time Micro-processor (00J'1'tinJent on type of ~a111)
SURVEYING
$55.00
45.00
35.00
30.00
27.50
24.00
35.00
¡Run
Professional SUrveyor, R. L. S.
SUrveyor SUpervisor
SUrveyin:J Technician
Design Draftsman
$45.00
35.00
30.00
27.50
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Draftsman
Two-Man survey crew (4 Hrs . Kin. )
~ survey Crew ( 4 . Hrs . Kin. )
Four-Man survey crew (4 Hrs . Kin. )
CanpIter Time H.P. HASP: Digitizer - Plotter
CanpIter Time Micro-processor (cont.iIçent on type of program)
Elec. Dist. Measurin;J Equip. (2 Hrs. Min. Time Use)
concrete.P.R.M. in place (Each)
Iron Pins in place (Fach)
PIANNING
land Planner
Design Draftsman
Draftsman
MISl'!RT :r ANliITN
Mileage - two wheel drive (per mile)
Mileage - four wheel drive (per mile)
Photo COpies (Each)
mueprints (per square foot)
Telephone (lOR) distance)
Testin;J (ErXJineerirç Materials)
Testin;J (Water- & Wastewater)
Printin;J (By others)
Aerial Photography
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24.00
60.00
67.50
75.00
35.00
¡Run
20.00
7.50
3.00
$45.00
27.50
24.00
$0.25
$0.40
0.17
0.25
COSt
COSt
Cost+15%
Cost+15%
Cost+25%
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SECI'Iœ G - TERMINATION
'!his Agreement may be terminated by either party by giving the
other party seven (7) days prior written notice, in the event of sub-
stantia1 failure to perform in accordance with the tEmns hereof by
the other party through no fault of the terminating party. If this
Agreement is terminated, the ENGINEER shall be paid in ac:x::oràance
with the provisions of Attachment C for all work performed up to the
date of termination.
SECI'Iœ H - SUSPENSION, CANCEUATION OR AB1OOX>NMENT
In the event the project described in AttaduBent A, or the ser-
vices of the ENGINEER called for under this Agreement, is/are suspend-
ed, cancelled Or abandoÏ1ed by the CLIENT, the ENGINEER shall be given
five (5) days prior written notice of such action and shall be c::anpen-
sated for the professional services provided up to the date of suspen-
sion, cancellation, or abandonment.
IN WI'INESS WHEREX:>F, the parties hereto have executed, or caused
to be executed by the duly authorized officials, this Agreement in
duplicate on the :respective dates indicated below.
(M12901AGR)
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(SFAL)
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TYPe Name Julie M. Brandt
Title Deputy City Clerk
(SFAL)
= ¡1A~4;;'~
TYPe Name
Title
Sara S. Springstead
Secretary
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By. #-~~
TYPe Name Robert A. Pool
Title
Mayor
~te
March 3.1987
Title
President
~te
February 26. 1987
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ATl'AœENT I
MEDIAN FEES PUR PROFESSIONAL
ENGINEERING SERVICES - SECI'Iœ "A"
AS A PERCENTAGE OF NEl' CDNSTRUCI'ION cnsT
FIDRIDA
A. '!he fees are to be" adjusted. to suit special oorñi.tions as stated in the con-
tract.
Basic Fee Res . InsD . Fee Basic Fee Res. InsD. Fee
Net construction Cost Table I Table I-A Table II Table II-A
50,000 12.0 5.0 9.0 4.0
100,000 11.5 4.8 8.5 3.8
200,000 10.5 4.6 7.7 3.6
300,000 9.6 4.4 7.3 3.4
400,000 9.2 4.2 7.0 3.2
500,000 8.8 4.0 6.7 3.0
600,000 8.4 3.8 6.5 2.8
700,000 8.2 3.6 6.3 2.6
800,000 8.0 3.4 6.2 2.4
900,000 7.8 3.2 6.1 2.2
1,000,000 7.6 3.0 6.0 2.0
2,000,000 7.0 2.8 5.6 1.8
3,000,000 6.8 2.6 5.4 1.6
5,000,000 6.2 2.3 5.0 1.3
10,000,000 5.5 2.0 4.5 1.0
For construction proj ects that are less than $50, 000 in size, the median
compensation may be increased over that shown in the above tables. '!he en-
gineer will be '-'U1l~JSated for basic ED)ineeriD;J 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, :rehabil-
itation of existing treatment facilities as shown in Table I, and for all other
proj ects as shown in Table II. '!he fee for proj act costs fallin:J between the
figures shcMn in above tables shall be interpolated to nearest one-tenth per-
cent. The owner will be in full agreement with the ED)ineering compensation
and will understarxi the :reasons Way such COI(pmsation is justified.
B. For these contracts, Table I and IA will be used for the Flow Equalization
Basin Contract. Table II and IIA will be used for the Force Main and appurten-
ances .
~ . S INITIAL ~/
mmœR'S ~~
( ATrACHMENTl )
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