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1980-14 \1 , -. ~. AGREElflENT 80-14 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION 1137 OLD 441 Suite #2 Mount Dora, Fl. 32757 . . Mr. George Forbes City Manager Ci ty Hall P. O. Box 219 Clermont, Florida 32711 Apr il 14, 1980 . J' RECEIVEDAPR 1 6 198tJJ Dear Mr. Forbes: Enclosed is the Form FmHA 442-19 "Agreement For Engineering Services" which has been approved. If you have any questions, please call this office. (904) 383-7116. Sincerely, ~9kdr 4 Ronald G. Whitfield I~ District Director VI Enc. RGW/rjb Farmers Home Administration is an Equal Opportunity Lender. Complaints of discrimination based on race, sex, religion, national origin or marital status should be sent to: Secretary of Agriculture, Washington, D. C. 20250 . . \ USDA-FmHA Form FmHA442-19 (Rev. 1-28-77) AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this -------___~~_~!!_____..._______m_______ day of __m___~~_l?.~~~_~X__..._____________________u______ , 19 ___~_~ , by an d be t we en ----c..tt.Y-__.9_f...ClgrmRUt...:a.__E19_ri9_9-_..._______.__m___________u--------____m______._m_________mm_______m_________.. , he reafter .":.~dft~ ::;,~:'~~~~h:n:NGiNEER~rir1Jl~1&'!~U!mLl\~~~''-t''-~~-'--~~-'------------------------------..--- , The OWNER intends to construct ~ --j.mp..rQy-~mgJ)_t~__JQ___th_~...~.tt.y._~_?nY.:l_~~~r.__~l~~_~'E___.___u__._._m______________._. including water transmissiQn lines, water tower and well. . ----.---.----.--.---...---.-....................------............--...............--...-....--.......-...........-----..-...-...-..........---...............--...--...---..............--------.--...----..--.........---.--.........--.....-.................----...-....------...---------------..- ------......----...------..-..----------................----..----..--------.....------------------------....---...----..---.........--------..--..-..----------------..-.........-..--..----..--.....-------....-......--..-....-.....-----..-------------- . Lake Florida in _.___00__________.._____________._________________________________________ Coun ty, S tate of ---__00_______________________________________00______________________u___, which may be paid for in part with financial assistance from the United States of America, acting through the Farmers Home Administration 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 the ENGINEER agrees to perform the various professional engineering services required for the design and construction of said system. WITNESSETH: 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 basic engineering services as follows: ' 'I 1. 2. 3. 4. The ENGINEER will conduct preliminary investigations required to determine project feasibility. The ENGINEER will prepare preliminary drawings and cost estimates. The ENGINEER will prepare a preliminary engineering report following FmHA instructions and guides. The ENGINEER will furnish 10 copies of the preliminary engineering report, cost estimates, and layout maps to the OWNER. The ENGINEER will attend conferences with the OWNER and representatives of the FmHA and other interested parties. After the preliminary engineering report has been reviewed 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 detailed drawings, specifications and contract documents, and make a final cost estimate based on the final design for the entire system. 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 will 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 Section D hereof. The contract documents furnished by the ENGINEER under Section A-6 above shall utilize FmHA-endorsed standard construction contract documents, including FmHA Supplemental General Conditions, Contract Change Orders and partial payment estimates. All of these documents shall be subject to FmHA approval. .Prior to the advertisement for bids, the ENGINEER for each contract will provide not to exceed 10 copies of detailed drawings, specifications, and contract documents for use of the OWNER, FmHA, and the 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. 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 for the actual 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, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. The drawings 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 ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of a map showing the needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, legal descriptions, 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 and make detailed surveys, the ENGINEER shall be additionally compensated as set out in Section D hereof. 5. 6. 7. 8. 9. 10. Position 6 FmHA 442-19 (Rev. 1-28-77) *24. .a:. 11-- 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 check and approve 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 deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. The ENGINEER will provide horizontal and vertical control in the form of bench mark circuit and two base 'lines for vertical control to be used by the contractor in staking the construction. Sewer lines shall be staked for laser beam construction by the ENGINEER. The ENGINEER will provide general engineering inspection of the work of the contractors as construction progresse~ Unless notified by the OWNER in writing that the OWNER will provide for such inspection, the ENGINEER wi \ provide detailed resident construction inspection (RESIDENT INSPECTOR) for the additio~al compensation set fort. in Section C. The ENGINEER does not guarantee the performance of the contractor(s) by the ENGINEER'S performance of such detailed construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the the contractor of his 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 contractor'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 closely with FmHA representatives. The ENGINEER will review and approve estimates for progress and final payments. The ENGINEER will make final inspection of all construction and a written certification of final inspection to the OWNER and FmHA. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon information provided by the RESIDENT INSPECTOR. The ENGINEER will prepare notices and advertisement of final payments if required by state statutes. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unforeseen project operating difficulties for a period of 1 year after the date of final inspection and acceptance of the facility by the OWNER and FmHA. 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 subsistance costs. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S functions and services required under this Agreement. The ENGINEER further agree& to provide the operation and, maintenance manual for waste treatment facilities when required by the Environmental Protection Agency or FmHA for $ ____.____.NLf:......________m______...__m__. The services called for in Section A-I through A-4 of this Agreement shall be completed and the report submitted by November 13, 1980 -----------------------u---------7lfatiiJ-------. .----------.-----.-..--- . 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 by ~_~.Q~gmRg_r..J._,__J_~~Q_______.......m__ ; unless otherwise agreed to by both parties. (Date) If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. *These services have been completed to the satisfaction of the Owner. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 1\, -2- .. ~ ATTACHMENT I MEDIAN FEES FOR PROFESSIONAL ENC:rNEERING SERVICES - SECTION "A" FORM FmHA 442-19 AS A PERCENTAGE OF NET CONSTRUCTION COST , FLORIDA . 'A. The fees 'are to be adjusted to suit special conditions as stated in the eontr':lct. , . Basic Fee Res. Insp. Fee Basic Fee Res. Insp. Fee . Net Construct10n Cost Table I Table I-A Table II Table II-A 50,000 12.0 5.0 9.0 . 4.0 '100,000 n.5 4.8 8.5 3.8 200,000 10.5 4.6 7.7 3.6 300,000 9.6 4. LI 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 3.1+ 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 projects that are less than $50,000 in size, the median compensation may 'be increased over that shown in the above tables. The engineer will be compensated for basic engineering services based on a percentage of'the total actual construction costs of projects of unusually complex items such as water treatment plants, sewers. and sewage treatment plants, rehab,i1itation of existing treatment facilities as shown in Table I, and for all other projects as. shown in Table 11. The fee for project costs falling het\"l~en the figures shown in above tables shall he interpolated to nearest one-tenth percent. The owner will be in full agreement with the engineering compensation and \o1i11 understand the reasons why such compensation is justified. B. The Engineer also agrees to make an inspection of the facilities prior to the end of the one-year warranty and report any dl:~f:i.ci.enc:ic~~ noted ;)nu suggest ways of getting them corrected to the Association (TO\oJn, etc.) witllout charge. C. Haximum amount of loan and/or grant funds that can be authorized to compen- sate an engineer for providing a full-time resident inspector in accordance with Section "e" of Agreement. for Engi.ncc1:in~ Scrvic.f's, Form FrnHA 11/12-19, w'i.1,l he as shown:i,n Tables IA for wastewater systems and II ^ for water systemf;;. . OWNER'S INITIAL c>0 --------.------.---- ENGINEER'S INITIAL , .. SECTION B - COMPENSATION FOR BASIC ENGINEERING SERVICES The OWNER shall compensate the ENGINEER for basic engineering services lUO<~U~~'5_~~~_~~~_~~"* as shown in Attachment I. 'When Attachment I is used to establish compensation for basic services the construction costs on which compensation is determined shall exclude legal fees, administrative costs, engineering fees, land rights acquisition costs, water costs, and interest expense incurred during the construction period. The compensation for basic engineering services shall be payable as follows: . 2. The sum of __NQ:t._.~p..PJ.i_<;..~!?J~_________________________ Dollars ($ ___m_m.________________) after the review of the pre- liminary engineering report by the FmHA and acceptance by the OWNER. A sum which together with the specific sum set forth in Section B-1 above equals seventy percent (70%) of the total compensation payable after completion and submission of the final drawings, specifications, cost estimates, and contract documents, and the acceptance of the same by the OWNER and FmHA. A sum equal to ten percent (10%) of the total compensation payable immediately after the construction contracts are awardr.d. A sum equal to twenty percent (20%) of the total compensation will be paid on a monthly basis for general engineering inspection of the contractor's work 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 computations 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 compensation. Final payments shall not be made until it is determined that all services required by this Agreement have been completed except for the services set forth in Section A-21 hereof. 3. 4. The compensation for engineering services shall be: D The total sum of$ _m_NIA.m_______.__. []I Established by Attachment I. SECTION C - COMPENSATION FOR DETAILED RESIDENT CONSTRUCTION INSPECTION AS SET FORTH IN SECTION A-IS When the engineer provides detailed resident construction inspection, he will, prior to the pre construction con- ference, submit a resume of the construction inspectors' qualifications, anticipated duties and responsibilities for approval by the OWNER and FmHA. The OWNER agrees to pay the ENGINEER for such service in accordance with the schedule set out in Attachment I. 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 such services performed hereunder during such month, the me to be due and payable by OWNER to the J;.NGINEER on or before the 10th day of the following month. -3- .., SECTION D - ADDITIONAL ENGINEERING SERVICES <; , . 4. 5. 6. . . In addition to the foregoing being performed, the following services may be provided UPON WRITTEN AUTHORIZA- TION OF THE OWNER and approval of the FmHA: ] . 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, detailed descriptions of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. Necessary data and filing maps for water rights, water adjudication, and litigation. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and FmHA. Appearances before courts or boards on matters of litigation related to the project. ~\ \ Payment for the services specified in this Section D shall be as agreed between the OWNER and ENGINEER and approved by FmHA prior to commencement of the work, barring unforeseen circumstances, such paymen~KlJdmaitJexoeeK shall be based on the following hourly rates ~ _m___.._________________m..______________________. 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 perfonned 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. Professional Engineer @ $35.00 per hour Engineer @ $27.50 per hour Engineering Technician @ $22.50 per hour Design Draftsman @ $20.00 per hour Draftsman @ $15.00 per hour Professional Surveyor R.L.S. @ $30.00 per hour Draftsman Computer @ $22.50 per hour Computer Time @ $27.50 per hour Two-Man Survey Crew @ $35.00 per hour Three-Man Survey Crew @ $40.00 per hour Four-Man Survey Crew @ $45.00 per hour Electronic Distance Meas.Meter @ $12.50 per hour ,- Secretary/Clerical @ $12.50 per hour , * SECTION E - APPROVAL BY FmHA ( This agreement shall not become effective until approved by FmHA. Such approval shall be evidenced by the signature of a duly authorized representative of FmHA in the space provided at the end of this Agreement. The approval so evidenced by FmHA shall in no way commit FmHA to render financial assistance to the OWNER, 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. *SECTION D- ADDITIONAL ENGINEERING SERVICES (cont.) 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 charges, and travel by automobile at 20ct per mile. All construction: testlng if need- ed will be billed at cost. (\ -4- .' ,. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized o,ffiCials, ~his Agreement in duplicate on the respective dates indicated below. (S'EAL) ATTEST~_eL#________ _p, Nam' --..fumdLa...o....JlJlz.ar......______.._____ Ti tie ________________Gi..t.Y-_.cJ.e.r.k________________________________________ (SEAL) ATTEST: 6?1~...., cg,.~ , , Elmer B. Sampson Ty pe N am e _._ -----------______________________________u________.______________ Tit I e ________ ____ ____ ______ ________________________ _______~_______ _____________________ APPROVED: FARMERS HOME ADMINISTRATION By --~~~~-~m___u_____ THOMAS R. HOSKINS Ty pe N am e ___________________________________________________________________ Ti tie ------u---~_~~~~---~~~~~-~-~E.!___~_m___________u__ . OWNER: & By ________________________________________________ _______________________________ Type Name -----.Ql_9.ygg__J~_!..__~mQi!..K~__.J.!:_"..___m_m__________ Ti tl e _______________l1<il..YQJ:________________________________________________no. Da te ----------.-_____f.gJ)_ry._9.r.y__.f9_.___1_9..~.Q____________m_______m___ :~u .b1~----------------- ~::L~~~~gtt~*\~.t*~iiC,ates~TnC~ . President T 1 tI e _________ _____ _ ____ ________________ __________ _ __._ ____ ______ ___ _ ____ __ _____ __ _____ _______ 1-31-80 Da te ---------------__________________________._______n__________._____00_._____..____ -5- '9 INTERIM AGREEMENT N/A ., (For use only when OWNER is not legally organized on the date the Agreement for Engineering Services is execut~d) In lieu of the execution of the foregoing Agreement for Engineering Services dated the ___m______..m00....000_____000_________000 day bf ____..__.000000..._000_______000_...__000____000________000' 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-l through A-S, inclusive, of said Agreement for Engineering Services to be performed by the ENGINEER, and the ENGINEER agrees to accept this Interim Agreement as evidence by ENGINEER'S execution hereof contemporaneously wi~~ the execution of the Agreement for Engineering Services. The ENGINEER also agrees to perform the services set forth in sa Section A-I through A-S, inclusive, of said Agreement in consideration of the sum stated in Section B-1 of said Agreement t" 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 said 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 auto- matically 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-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-I through A-S, 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 00_00____000_000.___._______.000.____._00__000_________000 day of __mmmm.mm___m________.m..____________..__ , 19 __000 . ~'" ,~\ Government Printing Office: 767-011 -6- .. ~. ., . . GEORGE E, HOVIS LeONARO H. BAIRD, ,JR. January 21, 1980 HoVIS AND BAIRD ATTORNEYS AT LAW POST OF"F"ICE DRAWER e4e OLJllHl'IONT, FLORIDA DaTU TELEPHONE (804) ~84-210~ Farmers Home Administration United States Department of Agriculture Dear Sir: RE: CITY OF CLERMONT - SPRINGSTEAD & ASSOCIATES, INC. This is to certify that the City of Clermont is in full compliance with the provisions of the Consultants Competitive Negotiations Act in the negotiations and final contract with Springstead & Associates, Inc., for engineering services. Very truly yours, ~\-( <? LEONARD H. BAIRD, JR. City Attorney LHB/rpe cc: Mr. George D. Forbes City ~1anager City Hall P. o. Box 219 Clermont, Florida 32711 .. t J , JA .