1982-29
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CITY OF CLERMONT
P.O. BOX 219. CLERMONT, FLORIDA 32711 . PHONE 904/394-4081
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October 15, 1982
Mr. Ron Whitfield
District Director
Farmers Home Administration
Suite #2 1137 Old 441
Mount Dora, FL 32757
RE: Effluent Disposal System H-165
Dear Mr. Whitfield:
Enclosed are three (31 copies of FmHA Form 1942-19, "Agreement
for Engineering Services" which will replace the original agree-
ment for this project.
Please execute these copies and send one copy back to the City
and one to Springstead and Associates.
Thank you for your cooperation.
Sincerely,
"::
CITY OF CLERMONT _ ./7
/ ~? O. PLYlf/~__
GEORGE D. FORBES
City Manager
cc: Springstead and Associates
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(Rev. 10-15-80)
AGREEMENT FOR ENGINEERING SERVICES
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81
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This Agreement, made this ,
day of
March
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by and between 'City of ClerlOOnt, Florida
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,
, hereafter
referred to as the OWNER, and Spri ngs tead and Associ a tes, I nc.
hereinafter referred to as the ENGINEER:
THE OWNER intends to construct a sewage treatment plant effluent pumping station.
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force main, and sprayfield
in Lake C'-only,Stateof Florida ,which
may be paid for in part with fmancial assistance from the United States of America acting through the Farmers Home Admin-
istration of the United States Department of Agriculture, hereinafter referred to as FmHA, pursuant to the oonsolidated
Farm and Rural Development Act, (7 V.S.C. 1921 et seq.) and for which the ENGrNEER agrees to perform the various
professional enginee ring services for the design and const ruction of said system.
WITNESSE1lI:
That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed:
SECTION A . ENGINEERING SERVlCES
The ENGINEER shall furnish engineering services as follows:
H. The ENGINEER will conduct preliminary investigations, prepare preliminary-drawings, provide a preliminary itemized
list of probable construction costs effective as of the date of the preliminary report, and submit a preliminMy engi-
neering report following FmHA instructions and guides.
2. The ENGINEER will furniSh 10 copies of the preliminary engineering report,and layout maps to the OWNER.
3. The ENGINEER will attend conferences with the OWNER. representatives of FmHA, or other interested.parties as
may be reasonably necessary.
4. After the preliminary engineering report has been reviewed and approved by the OWNER and by FmHA and the
OWNER directs the ENGINEER to proceed, the ENGINEER will perform the necessary design surveys, accomplish the
detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a
final cOst estimate based on the fmal design for the entire system. It is also understood that if subsurface explorations
(such as borings, soil tests, rod< soundings and the like) are required, the ENGINEER will furnish ooordination of said
explorations without additional charge, but the oosts incident to such explorations shall be paid for by the OWNER as
set out in Section D hereof.
5. The contract documents furnished by the ENGINEER onder Section A4 shaD utilize FmHA-endorsed construction
contract documents, including FmHA Supplemental General Conditions, Contract Otange Orders, and partial pay-
ment estimates. All of these documents shall be subject to FmHA approval. Copies of guide contract documents may be
obtained from FmHA.
6. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10
copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State,
and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and
contract documents shall be included in the basic compensation paid to the ENGINEER.
7. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by
prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of
such copies. Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings,
specifications and contract documents for execution. The oost of these sets shall be included in the basic compensation
paid to the ENGINEER. Original documents documents, survey notes, tracings, and the like, except those furnished
to the ENG.lNEER by the OWNER, are and shall remain the property of the ENGINEER.
8. The drawings prepared by the ENGrNEER under the provisions of Section A4 above shall be in sufficient detail to
permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to
the OWNER without any additional compensation, three copies of a map(s) showing the general location of needed
construction easements and permanent easements and the land to be acquired. Property surveys, property plats, pro.
perty descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER. unless the
OWNER requests, and the ENGINEER agrees to provide thQ,e services. In the ~t the ENGINEER is requested to
provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof.
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Positkm 6
FmHA 1942-19 (Rev. .JO-15-80)
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10.
The ENGINEER will attend the bid opening and tabulate the bid proposals, make an an!l.lysis of the bids, and make
recommcndatlons for awarding contracts for construction. .
The ENGINEER will review and approve, for conformance with the design concept, any necessary shop and working
drawings furnished by contractors.
The ENGrNEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and
deficiencies in construction on the part of the oontractors. The ENGINEER will not, however, guarantee the per.
formance by any contractor.' '
The ENG rNEER will establish baselines for locating the work together with a suitable number of bench marks adjacent
to the work as shown in the contract documents.
The ENGINEER will provide general engineering review of the work of the contractors as construction progresses to
ascertain that the contractor is conforming with the design concept. ,
Unless notified by the OWNER in wliting that the OWNER will provide for resident inspection, the ENGINEER will
provide resident construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the contractor of
oontractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike
manner; shall not make the ENGINEER an insurer of the oontractor's performance; and shall not impose upon the
ENGINEER any obligation to see that the work is performed in a safe manner.
The -ENGINEER will cooperate and work c1~ly with FmHA representatives.
The ENGINEER will review the oontractor's applications for progress and fmaJ payment and, when approved, submit
same to the OWNER for payment.
The ENGINEER will prepare necessary contract changc orders for approval of the OWNER, FmHA, and others on a
timely basis.
The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all con-
struction and submit a written rcport to the OWNER and FmHA. Prior to submitting the final pay estimate, the ENGI-
NEER shall submit a statement of completion to and obtain the written acceptance of the facility from the OWNER
and FmHA.
The ENGINEER will provide the OWNER with one set of reproducible record (as~uilt) drawings, and two sets of
prints at no additional cost to the OWNER. Su~h drawings will be based upon construction records provided by the
contractor during construction and reviewed by the resident inspector and from the resident inspector's construction
data.
If State statutes require notices and advertisements of fmal payment,'the ENGINEER shaD assist in their preparation.
The ENGiNEER will be available to furnish engineering services and consultations necessary to oorrect unforeseen
project operation difficulties for a period of one year after the date of statement of subst'antial completion of the
facility. 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 addi-
tional charge except for travel and subsistence costs. The ENGINEER will assist the OWNER in performing a review of
the project during the 11 th month after the date of the certificate of substantial completion.
The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect
the ENGINEER from claims under the Workman's Compensation Act and such comprehensive genera) liability in.
surance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage
which may arise from the performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S
functions and services required under this Agreement. '
The services called for in the Section A-I and A-2 of this Agreement shall be completed and the report submitted
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
within calendar days from the date of authorization to proceed. After
acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written author'ization from the
OWNER, the ENGINEER will complete fmal plans, specifications and contract documents and submit for approval
of the OWNER, FmHA and all State regulatory agencies ~H~ hy <;pptember 1. 1962
~~~~~~~J{ unless otherwise agreed to by both parties.
If the above Is not acoomplished within the time period specified, this Agreement may be terminated by the OWNER.
The time for completion will be extended by the OWNER for a reasonable time if completion is delayed due to un-
foreseeable causes beyond the control and without the fault or negligence of the ENGINEER.
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SECTION B. COMPENSATION FOR ENGINEERING SERVICES
1. The OWNER shall compensate the ENGINEER for preliminary engineering services in the sum of
N( A Dollars ($
after the review and approval of the preliminary eniineering report by the OWNER and FmHA.
)
2.
The OWNER shall compensate the ENGINEER for design and contract administration engineering services in the
amount of: (Select (a) or (b))
.
(a)
(b)
N/A
Dollars ($
lor
As shown in Attachment I
When Attachment I is used to establish compensation for the design and contract administration services, the
actual construction costs on which compensation is detemlined shall exclude legal fees, administrative costs,
engineering fees, land rights, acquisition costs, water oosts, and interest expense incurred during the construc-
tion period. '
3. The compensation for preliminary engineering services, design and contract administration services shall be payable
as follows: ,
(a) A sum which equals seventy percent (70%) of the total compensation payable under Section B.I and 2, .after
, completion and submission of the construction drawings, specifications, cost estimates, and contract documents,
and the acceptance of the same by OWNER and FmHA.
(b) A sum which, together with the compensation provided in Section 8-3-(a) above, equals eighty perceni (80%)
of the compensation payable immediately after the constrllction contracts are awarded.
(c) A sum equal to fifteen percent (15%) of the compensation will be paid on a monthly basis for general engineering
review of the contractor's work during the oonstruction 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, payment
under this paragraph and of sllch additional sums as are due the ENGINEER by rea~>n of any necessary ad.
justments in the payment computations will be in an amount so that the aggregate of aU sums paid to the ENGI-
NEER will equal ninety.five (95%) of the compensation. A fmal payment to equal 100 percent shall be made
when it is determined that all services required by this Agreement have been oompIeted except for the services
set forth in Section A.21 hereof.
SECTION C. COMPENSATION FOR RESIDENT INSPECTION AS SET
FORTH IN SECTION A-14
When the ENGINEER provides resident inspection, the ENGINEER will, prior to the preconstruction conference,
submit a resume of the resident inspector's qualifications, anticipated duties and responsibilities for approval by the OWNER
and FmHA. The OWNER agrees to pay the ENGINEER for such services in accordance with the schedule set out in Allam.
ment I. The ENGINEER will render to OWNER for such services an itemized bill. once each month, ior comp~nsation for
such services performed hereunder during such period, the same to be due and payable by the OWNER to the ENGINEER on
or before the 10th day of the following period. Under normal'constru.:tion circumstances, and for the proposed COnStTU\.wn
period of
days, the cost of resident inspection is estimated to be S
SECTION D - ADDITIONAL ENGINEERING SERVICES
.
In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHOR.
IZATION OF TIlE OWNER and written approval of FmHA. '
1. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and ,other similar special surveys as
may be required.
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2. Laboratory tests, well tests, borings, speciaUzed geological, soils, hydraulic, or other studies rel:omlllended by the
ENGINEER.
3. Property surveys, detailed description of sites, maps, drawings, 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.
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1.
Redesigns ordered by the OWNER after 'final plans have been accepted by the OWNER and FmHA, except redesigns
to reduce the project cost to within the funds available.
Appearances before courts or boards on matters of litigation or hearings related to the project.
Preparation of environment impact assessments or environmental impact statements.
Performance of detailed staking necessary for construction of the project in excess of the control staking set forth
in Section A-12, .
The ENGINEER further agrees to ,provide the operation and maintenance manual for facilities when required for
S 5,500.00'
Payment for the. services specified in this Section D shall be as agreed in writing between the OWNER and approved by
FmHA prior to 'commencement of the work. Barring unforeseen circumstances, such payment is estimated not to
exceed S see below . The ENGINEER will render to OWNER for such services an itemized bill,separate
from any other billing, once each month, for compensation for services performed hereunder during such periOd.
the sa:ne to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period.
SECTION E. INTEREST ON UNPAID SUMS N/A
If OWNER fails to make any payment due ENGINEER within 60 days for services and expenses and funds are avail.
able for the project then the ENGINEER shall be entitled to interest at the rate of
per annum from said 60th day, not to exceed an annual rate of 12 perl:enl.
percent
SECTION F - SPECIAL PROVISIONS
N/A
, (Section D - continued)
Professional Engineer
Engineer
Engineering Technician
Design Draftsman
Draftsman
Professional Surveyor R.L.S.
Draftsman Computer
Computer Time - IBM Series I
Two-Man Survey Crew
Three-Man Survey Crew
Four-Man Survey Crew
Electronic Distance Meas. Meter
Secretary/Word Processor
Secretary/Clerical
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$37.50/hr.
$30.00/hr.
$25.00/hr.
$22.50/hr.
$17 . 50/hr.
$32.50/hr.
$25.00/hr.
$85.00/hr.
$40.00/hr.
$45.00/hr.
$50.00/hr.
$17.50/hr.
$17 . 50/hr.
$13. OO/hr.
Reimbursement shall be made to Springstead and Associates, Inc., at cost for
all out-of-pocket expenses, including, but not necessarily limited to printing
blueprinting, long distance telephone carges. and travel by automobile at 25~ '
per mile. All construction testing if needed will be billed at cost.
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,~/ This Agreement shall not become effective until approved by FmHA. Such approval shall be evidenced by the signa-
ture of a duly authorized representative of FmHA in the space provided at the end of this Agreement. The approval so evi-
denced by FmHA shall in no way commit FmHA to render financial assistance to the OWNER and is without liability for
any payment hereunder, but in the event such assistance is provided, the approval shall signify that the provisions of this
Agreement are consistent with the requirements of FmHA.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,
this A8reement in duplicate on the respective ~ates indicat.ed below.
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(SEAL)
ArrEST
OWNER: ,.
By ~~~.-
Type Name J. M. HOskinson
Mayor
Title
Type Name
Sandra O. Rozar
Date
3/24/81
Title
City:Clerk
(SEAL)
ENGrNEE '.
ft>JV
AITEST~~~
Elmer B. Sampson
By
Type Name
Type Name
Title
Inc.
Title
Date
3/20/81
APPROVED:
FARMERS HOME ADMINISTRATION
By
Type Name
Title
Date
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(For UN only when OWNER Is nol '''1Iolly orglnlz.d on the dale Ihe AlIreem.nt for E"IIin.....ng Senrlc., Is ."lOCutecl.)
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 de.
scnbed in ~ction A.I through A.3, inclusive, of ~id Agreement for Engineering Services to be performed by the ENGI.
NEER, and the ENGrNEER agrees to accept this Interim Agreement as evidenced by ENGINEER'S execution hereof con.
temporaneously with the execut'ion of the Agreement for Engineering Services. The ENGINEER also agrees to perform the
services set forth in Section A.I through A-3, inclusive, of said Agreement in consideration of the sum stated in Section B.)
of said Agreement be paid in the'manner set forth therein.
It is anticipated that the OWNER shall promptly beoome a legal entity with full authority to accept and execute said
Agreement. for Engineering Services and that the OWNER, after becoming so qualified, shall promptly take such action
necessa.ry 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 automat.
ically will be relieved of any responsibility or of liability assumed by their execution of this Interim Agreement, and that the
ENGINEER wiD hoJd the (JW1I.j"ER solely responsible for performance of the terms and conditions imposed upon the OWNER
by the Agreement for Engineering Services, including the payment of all sums specified in Section B.I 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.I through A-3
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
,)9_.
OWNER
ENGINEER
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~ ~u.s. GOVERNMENT PRINTIN~ OFFICE: 1980-766-224
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M~lAN fLES fOR PROfESSIONAL
~c;.lNEERING SERVICES - SECTION "A" FORM FmHA.442-19
AS A PERCENTAGE OF NET CONSTRUCTION COST
FLORIDA
ATTACHMENT'!
A. The fees are to be adjusted to suit special conditions as stated in the
contract.
Basic Fee Res. Insp. Fee. Basic Fee Res. Insp. Fee
. Net' Construction Cost Table I Table I-A Table 11 Table II-A
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5.0 9.0 . 4.0
50,000 12.0
100,000 11.S 4.8 8.S 3.8
200,000 10.5 4.6 1.1 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,
, .J 6.8 2.6 5.4 1.6
3.000,000
5,000,000 6.2 2.3 5.0 1.3
10,000,000 5.5 2.0 4.5 1.0
For construction projects that are less than $50,000 in size, the median
compensation may ~e increased over that shown in the above tables. 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 sewogc treotment plants, rehabilitation of
existing treatment facilities as shown in Tablc I. and for all other projects as
shown in Table II. The fee for project costs falling betwecn the figures shown
in above tables shall be interpolated to nearest one-tenth percent. 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 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 corrected to the Association (Town, etc.) without
charge.
c. Maximum amount' of loan and/or grant funds that can be authorized to compen-
sate an engineer for providing a full-time resident inspec~or In accordance with
Section tiC" of Asrecmcnt for Engincl:ring S<,rvic.('s. Form FIIIHA 4'.2-19. wLll be as
sho~\ In Tables IA for wastewater systcm~ ~nd II A for ~at~r systems.
OWNER'S INITIAL
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, ENGINEER'S INITIAL
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