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1981-09 'l, l'ullIlllIlIlA 1;/-l~.I'J (Rev. 10.15.80) This Agreement, made this 24 day of March QC1 1.3 '~t)' 81 ,19_, AGREEMENT FOR ENGINEERING SERVICES by and between City of Clermont, Florida , hereafter -- referredtoastheOWNER,and Springstead and Associates, Inc. hereinafter referred to as the ENGINEER: THE OWNER intends to construct a sewage treatment plant effluent pumping station, force main, and sprayfield in Lake CluntY,Stateof Florida ,which may be paid for in part with financial 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 consolidated Farm and Rural Development Act, (7 U.S.C. 1921 et seq.) and for which the ENGINEER agrees to perform the various professional engineering services for the design and construction of said system. WITNESSETII: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES ~. The ENGINEER shall furnish engineering services as follows: 1. 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 preliminary engi- neering report following FmHA instructions and guides. 2. The ENG INEER 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 fmal cost estimate based on the fmal design for the entire system. It is al~ understood that if subsurface explorations (such as borings, soil tests. rock soundings and the like) are required, the ENGINEER will furnish coordination 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. 5. The contract documents furnished by the ENGINEER under Section A4 shall utilize FmHA-endorsed construction contract documents. including FmHA Supplemental General Conditions, Contract Change 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, specific:.ltions, 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 cost 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 ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 8. The drawings prepared by the ENGINEER under the provisions of Section A-4 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 those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. Position 6 FmHA 1942-19 (Rev. /0.15.80) 9. 10. II. . 12. 13. 14. e (Sed Illn A - ....ullllllUed) The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations 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 ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and defkiencies in construction on the par! of the contractors. The ENGINEER will not, however, guarantee the per- formance by any contractor. The ENG INEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the .:ontracI documents. The ENGI N EER will provide general engineering review of the wurk of the conI ractors as construction progre sses to ascertain that the contractor is conforming with the design concept. Unless notified by the OW\"ER in writing that the OWNER will provide for resident inspection. the ENGINEER will pro\'ide resident construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the contractor of contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner: shall nOl make the ENGINEER an insurer of the contractor's performance: and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. IS. The ENGINEER will cooperate and work closely with FmHA representatives. 16. The ENGINEER will review the contractor's applications for progress and final payment and, when approved. submit same to the OWNER for payment. 17. The ENGINEER will prepare necessary contract change orders for approval of the OW1\iER, FmHA, and others on a tinlely basis. 18. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of aU con- struction and submit a written report to the OWNER and FmHA. Prior to submitting the final pay estimate, the ENGI- NEER shall submit a statement of completion to and ubtain the written acceptance l)f the facility from the OWNER and FmHA. 19. The ENGINEER will pro\'ide the OWNER with one set of reproducible record (as-buiJt) drawings, and two sets of prints at no additional cost to the OWNER. Such 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. 20. If State statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 21. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period o( one year after the date of statement of substantial 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 lIth month after the date of the certificate of substantial completion. 22. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect the ENGINEER from c1ainlS under the Workman's Compensation Act and such comprehensive general 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. 23. The services called for in the Section A-I and A-2 of this Agreement shall be completed and the report submitted within p r~ vi Oil" 1 Y rnmp 1 ~ t~ci calendar days from the date of authorization to proceed. After acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written authorization from the OWNER, the ENGINEER will complete final plans, specifications and contract documents and submit for approval of the OWNER, FmHA and all State regulatory agencies *K>>(~ hy ~E'ptelPber 1. 1922 ~j(~)f~~~~K unless otherwise agreed to by both parties. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for complet ion 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. -2- .' SECTION B. COMPENSATIO~ FOR F~GINEERING SERVICES I. The OWNER shall compensate the ENGINEER for preliminary englllcering services in thc sum of . Dollars (S after the review and approval of the prelllninary engineering report by thc OWNER and FmHA. N/A ~ The OW!'iER shall compensate the ENGI\'EER fur dcsign and contract administration engineering servi..:es in the amount of: (Sclect (a) or (b)) (a) N/ A (b) As shown in AtlactU11entl When Attac!ul1cnt I is used 10 establish compensation for the design and contract administration services, the actual construction costs on which compcnsation is detemlined shall exclude legal fees, administrative costs, engineering fees, land rights, acquisition costs, water costs, and interest expense incurred during the construc- t ion period. Dollars (S ) or 3. The compensation for preliminary engineering serviccs, dcsign and contract administra!ion seniccs shall be payable as follows: (a) A sum which equals seventy percent (70'7c) of the total compensation payable under Section B-1 and 2, after completion and submission of the construction dl3wings. specifications, cost estimates, and colltract documents, and the acceptance of the same by QW:-\ER and FmI-lA. (h I A sum whidl. to!!cthcr with the ,(\lllpeIlSatioll pr,'viJeJ ill ScCtil11l 13.3-(3) ah<l\c. e'lu3ls .:il.!llIY percellt (l-iUr:;) of the compcllSJtion p3yable iml1l.:diatdy after the c"l1stru,tiun contracts arc awardt'd. (c) A sum equal to fifteen percent (15::,) of the comp.:nSJtion will be paid on a monthly basis for general engineering review of the contractor's work during the construction period on pcrcentage ratios identical to those approvl'd by the ENGINEER as a basis upon which to make partial pa}ments to the con\ra..:tor(s). Howl'ver. payment under this paragraph and of such additional sums as are due the ENGINEER by rea~1n of any necessary :Id- justments in the payment computations will be in an amount so that the aggrl'gale of aU sums paid to the ENGI. t-;EER will equal ninety-five (lJ5'i(.) of the compensation. A IInal paYl11cnt t(1 c:yuJI 100 percell I shall be iliadI.' when it is detemlined that all services requircd by this Agrecment havc becn cumplt'ted except for the services set forth in Section A.21 hereof. SECTION C . COMPENSATION FOR RESIDENT INSPECTIO~ AS SET FORTH IN SECTION A.14 When the ENGINEER provides resident inspection, the ENGINEER will, prior to the precl.lIlstruction conference, suhmit a resumc of the resident inspector's qualifications, anticipated duties and responsibilities for approval by the OWNER and FmHA. The OWNER agrees to pay the E!\GlNEER for such services in accordancc with the schedule sct out in Attach. ment I. The ENGINEER will render to OWNER for such services an itemized bill. once l'ach month. for compensation 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 construction circumstancl's, and for the proposed construction period of 180 days, the cost of resident inspection is estimated to be $ 22.087 _ 00 SECTION D. ADDITIONAL ENGINEERING SERVICES . III addition to the foregoing being performed, the following ~rvices may be provided UPON PRIOR WRITTEN AUTHOR- IZATION OF THE OWNER and written approval of FIIIIIA. 1. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required. 2. Laboratory tests, well tests, bllrin~s. specialized ~elll,,~ic;i1, soils, hydraulic. llr lither studies recllllllllcndl'd hy thl' 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. .3. it .. (SeCtiO.l D - continued) e 6. 7. 8. Redesigns ordered by the OWNER aftedinal plans h~ve been accepted by the OWNER ~nd FmHA, except redesigns to reduce the project cost to within the funds available. Appearances bcfore courts or boards on matters of litigation or hearings related to the project. Preparation of environment impact assessments or environmental impact statements. Performance of det:Jiled staking necessary for construction of the project in excess of (he control staking set forth in Sed ion A. 12. 9. The ENGIt\EER further agrees to provide the operation and maintenam'c manual for facilities when required for 5. s 5,500.00 PJymellt I'll[ tht. S~f\'i~~s spel.jt'ied in this Section D shJII be as agrel'd in writin:! h"'l\l~~lIth... O\\':'\FR and approved by FmllA prior t" ,'ll1lT!1en..:emellt of th~ work. Barrin~ unfureseen ,ir\.'umstall,e~. such, payment is estimated' not 10 exceed $ see below . The ENGINEEr. wiD render to O\V1\ER fur sl:ch services an itemiz.ed bill. separate from any other billing, once each month, for compensation for services perforllll'J hereunder during such per iod, the sallie to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. SECTION E . INTEREST ON n';PAID SL~1S N/ A If OWNER fails 10 make any payment due ENCINEER within 60 days for services :lnd expenses and funds are avail, able f('.r the proje..::t then the ENGINEER shall be entitled to interest at thc ratc llf pcr al!num frum said (,Oth day. no( to ex~eed all <lnllual rail.' of I ~ percent. 12 percent SECTION F. SPECIAL PROVISIOl\S N/ A (Section D - continuedj Professional Engineer @ $37.50/hr. Engineer @ $30.00/hr. Engineering Technician @ $25.00/hr. Design Draftsman @ $22.50/hr. Draftsman @ $17.50/ hr. Professional Surveyor R.L. S. @ $32.50/hr. Draftsman Computer @ $25.00/hr. Computer Time - IBM Series I @ $85. OO/hr. Two-Man Survey Crew @ $40.00/hr. Three-Man Survey Crew @ $45.00/hr. Four-Man Survey Crew @ $5G.00/hr. Electronic Distance Meas. Me te r @ $17.50/hr. Secretary/Word Processor @ $17.50/hr. Secretary/Clerical @ $13.00/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. -4- , SECTION G - APPROVAL BY FmHA This Agreement shall not become effeclive until approvcd by FmIlA. SUl:h npproval shall bc evidenced by the signa- turc of a duly authorized representative of FmHA in the space providcd at the end of this Agreement. The approval so evi- dClll:cu by FmHA shaU in no way commit FllIHA to render finandal assistanl:e to lhe OWNER and is without liability for any payment hereunder, but in the cvent such assistance is provided, the approval shall signify that the provisions of .this Agrcement are consistent with the requirements of FmHA. . IN WITNESS WHEREOF, thc parties hereto have executed, or caused to be executed by their duly authorized oftkials, this Agreement in duplicate on the respective dates indicated below. ArrEST UL fJ.~) ,.. ::~~~ J, M. Hoskinson (SEAL) Type Name Title Mayor Type Name Sandra o. Rozar . Date 3/24/81 Title City Cl erk ('SEAL) AmST~/!;.~ Elmer B. Sampson By Joh W~ Springstead, P.E. Springstead and Associates, Inc. Presiaent ENG ,( Type Name Title Tille Dale 3/20/81 APPROVED: FARMERS HOME ADMINISTRATION By #~,..e. ~~ Type Name THOMAS R. HOSKINS Title State Engineer .Date November 5, 1982 .s. INTERIM AGREEMENT N/ A (For.... o..ty wlteR OWNER h not 10001"Y o~nlzell on tllealte tile Alr..m.nt for EngIneerIng Slll'vlces.s e.ecut.a,) .. . 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. scribed in Section A-I through A-3. inclusive, of said Agreement for Engineering Services to be performed by the ENGI- NEER, and the ENGINEER agrees to accept this Interim Agreement as evidenced by ENGINEER'S execution hereof con- temporaneously with the execution of the Agreement for Engineering Services. The ENGI\EER also agrees to perform the services set forth in Section A-I through A-3, inclusive, of said Agreement in consideration 0 f the sum stated in Section B-1 of said Agreement be paid in the manner set forth therein. In lieu of the execution of the foregoing Agreement for Engineering Scrvices dated the It is anticipated that the OWNER shall promptly become a legal entity with fuU authority to accept and execute said Agreement for Engineering Services and that the OWNER, after becoming so qualified, shall promptly take such action 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 automat- ically will be relieved of any responsibility or of liability assumed by their execution of this Interim Agreement, and that the ENGINEER will hold the OWNER 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.l 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 legaUy 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 8-1 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_. OWNER ENGINEER . + OU.S, GOVF.RN>.t':NT PRINTING OFFICE: 1980-766-224 ." MJ::..D1AN FEES 1-'UI{ I'ROFESS lO~AL ENG-INEERIHG SERVICES - SECTION "A" FORM FmHA ,442-19 AS A PERCENTAGE OF NET CONSTRUCTION COST FLORIDA ATTACHMENT I .r . A. The contract.. fees are to be adjusted to suit special conditions as stated in the Net Construction Cost Basic Fee Table I Res. Insp. Fee Table I-A Basic Fee Table II Res. Insp. Fee 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. aDO, 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 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 hasic engineering services based on a percentage of the total actual construction co~ts of projects of unusually co~plex items such as water treatment plants, sewers, and sew~ge tre~tment plants, rehabilitation of existing treatment facilities as shown in Table I, and for a1] other projects as shown in Table II. The fee for project costs Callini; betw~~cn 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. I i I j I I I B. The Engineer also agrees to make an inspection of the fncilities 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 .celion "c" of Agreement for Engineering SprviC'(.s, Fonn FllllI^ /,',2-19. will he as how1l 1n Tables IA for waste'water sYl:itC'ms ilnd II ^ for wall'r sy~;tenlR. , OWNER'S INITIA f