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1973-01USDA-FHA AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 28th day of June, 1973, by an d between The Ci ty of Cl ermont, Florida. herelnafter referred to as th e OWNER, and Dawkins & Associates, Inc., hereinafter referred to as the ENGINEER: The owner inteds to construct a expansions to the water supply, treatment, storage and distribution facilities; and improvements to the municipal wastewater facilities in Lake County, State of Florida, which may be paid for in part with financial assistance from the United States of America, acting through the Farmers Home Admin- istrationof the United States Department of Agriculture, 'hereinafter referred to as FHA, pursuant to the Consolidated Farmers Home Administration Act of 1961 as amended (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 sy'stem; . WITNESSETH: That for and in 'consideration of the mutual covenants and promises' between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: . 1. The ENGINEER 'will conduct preliminary investigations required to determine project feasibility. 2. The ENGINEER will prepare preliminary plans and cost estimate. . . 3. The ENGINEER will prepare an engineering report following FHA instructions and guides. 4. The ENGINEER ,will furnish ten copies of the preliminary engineering report, cost estimates, and layout maps to the OWNER S. The ENGINEER will attend conferences. with the OWNER and representatives of the FHA and. other interested parties. 6. After the preliminary engineering report has been reviewed by FHA and the OWNER directs the ENGINEER to proceed, the ENGINEER will perform the necessary design survE!Ys, accomplish the detailed design of the project, prepare 'detailed plans, specifications- and contract documents, and, make a final cost estimate based on the final design for the, entire system. However" design 'surveys, as used in this Section. A-6, are understood to be limited to those required to perform the design and to prepare the detailed plans. and spe.cifications. It is understood that in the design and preparation of detailed plans and specifications for such elements of water works and sewerage projects as water treatment plants, sewage treatment plants, dams and reservoirs, the design surveys for such elements also shall be performed by the ENGINEER but the ENGINEER shall be additionally compensated therefor as provided in Sections D and E hereof. 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 wiil 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 Sections D and E hereof. 7. The contract documents furnished by the ENGINEER under Section A-6 above shall utilize standard FHA forms for the' notice to bidders, instructions to 'bidders, proposal form, contract agreement form, general conditions, and payment and performance bonds. Special conditions and the notice of award and the notice to proceed shall also b'e prepared by the ENGINEER.' All of these documents shall be subject toFHA approval. 8~' Prior to the advertisement' for bids, the. ENGINEER for each contract will provide not to exceed 10 copies of detailed plans, specifications, and contract documents for use of the OWNER, FHA, and the appropriate Federal, State, and local agencies from whom approval of the project must be' obtained. The cost of not to exceed 10 copies of such plans, specifications, and contract documen!s shaH be included in the basic compensation paid to the ENGINEER. 9. The ENGINEER will furnish additional copies of plans, specifications and contract documents as required by pro- spective 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. plans, specifications, and contract documents for execution, the cost of these sets being 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. 10. The plans 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 egineer shall prepare and furnish to the owner without any additional compensation, three copies of a map showing the needed construction easements and permanent easements, the land to be acquired and the names of the property owners invloved. Property surveys property plans, legal description 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 the ENGINEER shall be additionally compensated as set out in Sections D and E hereof. 11. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analyis of the bids, and make recommendations for awarding contracts for construction 12. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors 13. The ENGINEER will interpret the intent of the plans 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 per formance by any contractor 14. The ENGINEER will provide horizontal and vertical control for all structures in the form of bench marks or reference points to be used by the contractor in staking the construction. 15 The ENGINEER will provide general engineering inspections of the work of the contractors as construction progresses. The engineer will provided detailed construction inspection as provided in section C hereof upon the written request of owner and for the additional compensation set forth in said section C. The engineer does not quearantee the performance of the contractos by the engineers performance of such detailed construction inspection. the engineers undertaking hereunder shall not relieve the contractor of his obligation to perform the work in confirmity with the plans and specifications and in a workman like manner, shall not make the engineer an in surer of the contractors performance and shall not impose upon the engineer any obligation to see to it that the work is performed in a safe manner 16. The ENGINEER will cooperate and work closely with FHA representatives. 17. The ENGINEER will review and approve estimates for progress and final payments. 18. The ENGINEER will make final inspection of all construction and a written certification of final inspection to the OWNER and FHA. 19. The ENGINEER will provide the owner with one set of reproducible as built plans and two sets of prints at no additional cost to the owner. such plans will be based upon information provided by the contractor or owner in cases where resident inspection is not provided by the engineer. 20. The ENGINEER prepare notices and advertisement of final payments if required by state statutes 21. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unfore seen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the owner and FHA. 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 subsistence costs as provided in section e hereof 22. The ENGINEER further agrees to obtain and maintain at the engineers expense, such insurance as will protect him and the owner from claims under the workman's compensation act and from all clams for bodily injury, death, or property damage which may arise from the negligent performance by the engineer or by the engineers employees of the engineers functions and services required under this agreement SECTION B COMPENSATION FOR BASIC ENGINEERING SERVICES That' the OWNER shall compensate the ENGINEER' for basic engineering services based on percentages of the Total Actual Construction Costs. shown in Table land Table II set forth in Attachment I which is attached hereto and made a part hereof. The percentage factors applicable shall be those figures adjacent to the Total Actual Construction Cost column. The appropriate percentage factor shown in Table II shall be applicable to all compensation computations except those with respect to the following items; Water supply, water treatment, and water storage facilities, and wastewater facilities which items the percentage factor shown in Table I shall apply; provided, however, if the total actual con;struction costs ess than the lowest total actual construction cost,figure shown on Attachment I, the OWNER agrees to pay the ENGINEER a total fee not to exceed ten thousand and no/100 Dollars ($10,000)' The construction costs on which the compensation for basic engineering services 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: . . 1. The sum of Three Thousand Eight Hundred and no/100 Dollars ($3,800) after the review ofthe preliminary engineering report by.the FHA and acceptance by th'e OWNER. 2. A sum which together with' the specific sum set .forth in Section B-1' above equals seventy percent (70%) of the total compensation based on the ,final cost estimate after completion and submission .of the final plans, specifications, cost estimates, and contract documents, and the acceptance of the same by the OWNER and FHA.. . 3. A sum equal to ten percent (10%) of the total compensation based on construction contract costs immediately after the construction contracts are awarded. 4. A sum equal to twenty percent (20%) of the total compensation based on the actual construction cost will be paid on a periodic basis 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 com- putations 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 coinpenSation determined on actual 'Lotal construction costs. Final payment shall not be made until, it is determined that all services required by this .Agreement have been com'pleted ,except for the services set. . forth in Section A-21.hereof. If tlie total' actual construction cost is less than the,lowest total actual construction cost figure shown on Attachment I and the fee to be paid to the ENGINEER is a specific amount as set forth above, the percentage payments due the ENGINEER under Section, 8:-2 thru 4, 'inclusive, shall be computed by applying the applicable percentage to the specified total fee. ' *Actual'"fee to be based upon lowest point on most current Chart indicating Range of Compensation for Professional Services, Florida Engineering Society, if such calculation results in a lower fee'~a.y.able by the Owner. . **Under a separate agreement between the Owner and the Engineer dated May. 9,' 1973, the Owner i sto compensate the Engineer on a '"time' and expense" basis not to exceed the amount of three thousand eight hundred dollars ($3,800) for preparation of the IIEngineering,Reportll on waterworks improvements, up to .two thousand dollars ($2,000) of such fee to be credited agai.nst design fees earned on projects stemming from said report. SECTION C -COMPENSATION FOR RESIDENT INSPECTION If the OWNER requests in writing the ENGIN.EER will provide detailed,' full. time, resident, construction in~pecti6n, including construction staking, and the OWNER agrees to pay the ENGINEER for such service in accordance with the schedule set out in Section E hereof. The ENGINEER ~ill render to OWNER for such services an itemized bill, separateJrom any other billing, at the end of each month for compensation for such services performed hereunder ~uring such month, the same' to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month. The engineer will supply the Resident Project Representative for a sum equal to actual payroll costs plus fifty (50) per c~nt thereof for .overhead costs and profit, plus actual costs, times a1.2 factor for overhead, of local transportation and other direct job-connected expenses.' The total payments for such services shall not exceed the limitations set forth in Attachment I, sub-paragraph C. ' 1 SECTION D — ADDITIONAL ENGINEERING SERVICES In addition to the foregoing services, the following services may be required upon wntten authorization of the OWNER • and approval of the FHA. 1. 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, descriptions of needed land and easement rights and maps, plans, 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. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and FHA. 6. Appearances before courts or boards on matters of litigation related to the project. 7. Where a project involves design and construction of a lagoon, an adjustment in basic compensation amounting r $ Not Applicable per site acre shall be added to basic compensation set forth in Section B. Payment for the services specified in this Section D shall be in accordance with the schedule set out in Section E hereot. 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 performed 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. SECTION E — SCHEDULE OF RATES AND CHARGES FOR ADDITIONAL ENGINEERING SERVICES PERSONNEL RATE PER HOUR SURVEY 35.00 Four —man party $ 30.00 Three —man party $ Two —man party $ 25.00 Construction Inspection - Resident Engineer $ 10.00 Resident Inspector $ 6.00 Engineering and General Supervisor Principal or Officer of Firm $ 30.00 Project Engineer $ 20.00 Field or Design Engineer $ 15.00 Field Office Assistant $ 12.00 Land Surveyor $ 18.00 REIMBURSABLE EXPENSES 1. Travel from office at $ 0.12 per mile, or at actual out -of- pocket cost, plus time at above rates for both ways. 2. Actual cost of subsistence and lodging. 3. Actual cost of long-distance telephone calls, telegrams, express charges, and postage other than ordinary first- class. 4. Actual cost of materials required for the job and used in surveying, drafting, and allied activities, including printing and reproduction costs. 5. Actual cost of special tests and services of special consultants, as referred to in Section D of this agreement. SECTION F - APPROVAL BY FHA This agreement shall not become effective until approved by FHA. Such approval shall be.. evidenced by the signature of a duly authorized representative of FHA in the space provided at the end of this Agreement. The approval so evidenced by FHA shall in no' way commit FHA to render financial assistance to the OWNER, but inthe.event such assistance. is provided, the approval shall signify that the provisions of this Agreement are consistent with the requirements of FHA. IN WITNESS WHEREOF,' the parties hereto have executed, or caused to be executed by their duly authorized officials,' this Agreement in duplicate on the respective dates indicated belqw. (SEAL) Owner: City of Clermont, Florida By Type Name Don E Smith Title Mayor Attest Type Name Robert M Hopkins Title City Manager date: June 28, 1973 (SEAL) ATTEST: Type Name William P Simpson Title Assistant Secretary Engineer: Dawkins & Associates, Inc. by Type Name M. E. Dawkins, P.E. Title President APPROVED: FARMERS HOME ADMINISTRATION By Type Name Title - Engineer INTERIM AGREEMENT (For use only when OWNER is not legally organized on the date the Agreement for Engineering Services is executed) 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 described in Section A -1 thru 5, inclusive, of said Agreement for Engineering Services to be performed by the ENGINEER, and the ENGINEER agrees to accept this Interim Agreement as evidenced by ENGINEER'S execution hereof contempoianeously with the execution of the Agreement for Engineering Services. The ENGINEER also agrees to perform the services set forth in said Section A -1 thru 5, inclusive, of said Agreement, in consideration of the sum stated in Section B -1 of said Agreement to 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 sa... 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 automatically will be relieved of any responsibility or liability assumed by their execution of this Intenm Agreement, and that the ENGINEER will hold the OWNER solely responsible for performance of the terms and conditions imposed upon the OWNER by the Agree- ment 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 -1 thru 5, 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 , 19 INTERIM PARTIES Type Name Type Name Type Name ENGINEER. B y Type Name ATTEST. Title Type Name Title Median Fees for Professional Engineering Services Section A Form FHA 442-19 AS A PERCE:NTAGE OF NET CONSTRlUCTION COST FLORIDA A. The fees are to be adjusted to suit special conditions as stated in contract Net Construction Cost TAble 1 Table 2 8.5 7.7. 7.3 7.0 6.7 6.5 6.3 " 6.2 6.1 6.0 5~6 5.4, 11.5 10.5 9.6 ,9.2. '8.H 8.4 8.2 8.0 ,7.8 7.6 ' 7.0. 6.8 For construction: projects that are less than $30, 000 ln size or .. rehabilitation of existing distribution systems,' the median compensation may be increased over that, shown in the above t:ables. 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 as shown in Table 1, and for. all other, projects as shown in Table 11. The owner ,will be in full agreement with the engineering compensation and will understand the reasons why.,such compensation is. justified. B: The Englneer 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 correctod to the Association (Town,' etc) without charge C. Maximum amount of loan and/or grant funds that can be authorized to compensate an, engineer for providing a full-time resident inspector in accordance with Section "C"of Agreemont For Engineering Services, Form 442-19, will be as follows:,' (added PN 550 10-8-71). a. 2% of construction cost for water systems, or b. 3% of construction cost for waste water systems DAWKINS & ASSOCIATES, INC.CONSULTING ENGINEERS PO. BOX 8964 ORLANDO, FLORIDA 32806 May 9, 1973 Honorable Mayor and City Councilmen City Hall City of Clermont Clermont, Florida 32711 Attention: Mr. Robert M. Hopkins City Manager Engineering Report -- Water System Gentlemen: During the course of collection of data pertinent to your wastewater disposal problem and through conversations with you, it is recognized that information relating to the production capabilities and the general status of the water supply system serving the City of Clermont is in need of evaluation. Apparently there has been no engineering review of the system for quite some time; therefore, sound management yardsticks are not readily availa- ble to either administrative or operating personnel. Systematic sampling and analysis of the chemical, physical, bacterological characteristics of the water supply should be instituted. Specific capacities, drawdown, and yields of the wells should be routinely recorded. An evaluation of the adequacy of elevated storage with comparison to fire requirements and power interruptions should be made. The adequacy of the present distribution system with respect to meeting peak domestic and fire flow requirements, as well as its flexibility for ready expansion to meet future needs, should be studied. The current financial status of the water utility should be examined. We propose an evaluation of these and related conditions, utilizing all the existing data that may be available to us from City records -- that is, an engineering assessment of the entire system. Our firm would compile and submit a report on our findings, to include recommendations relating to needed improvements -- as well as methods of financing and/or alternatives thereto as appear feasible -- to meet the City's long and short term needs for water supply and distribution. Honorable Mayor and City Councilmen -2- May 9, 1973 Our staff has a depth of training and experience in these areas to pro- vide the necessary consulting engineering services, and to submit an appropriate report useful to the City in planning a definitive course of action. These services will be rendered at our standard rate on an hourly fee basis as follows: Senior Engineer Engineer Engineering Technician Draftsmen Junior Draftsmen Clerical $32.00 22.00 16.00 12.60 10.00 10.00 Plus job connected travel and other direct out-of-pocket special job expenses. Further, it is hereby agreed that such total cost to the City for pre- paring and submitting the recommended report shall not exceed $3,800.00. These services and costs, however, are exclusive of any field surveying, line location or related field work which maybe required in order to provide full information relating to the status of the water system. Such special work may be accomplished by City forces or provided for under separate authorization, as and if deemed necessary to support the engineering study. It is anticipated that the work of data collection, review, assembly and report preparation can be performed over a period of 8 to 10 weeks subse- quent to your authorization to proceed. It is our hope that the above proposal meets with your approval and that we may have the opportunity of serving your City in this additional capacity. If so, your acceptance by appropriate signature as indicated below and return of one copy would be appreciated. This will serve as our authorization to proceed. Sincerely, DAWKINS & ASSOCIATES, INC. D. L. Crowson, P. E. Vice President DLCjlb Honorable Mayor and City Councilmen -3- May 9, 1973 APPROVED FOR DAWKINS & ASSOCIATES, INC: BY M. E. Dawkins, P. E. President PROPOSAL ACCEPTED AND NORMAL ENGINEERING SERVICES HEREBY AUTHORIZED: CITY OF CLERMONT, FLORIDA BY: Rovert M. Hopkins, City Manager Signature and Title 14 June 1973 Date City Manager Hopkins was authorized to execute this proposal at Special Mtg. held on 2-18-73. DAWKINS & ASSOCIATES, INC.' CONSULTING ENGINEERS PO. BOX 8964 ORLANDO, FLORIDA 32806 February 15, 1973 Honorable Mayor and City Councilmen City Hall Clermont, Florida Attention: ' Mr. Robert M. Hopkins City Manager Engineering Services -- City of Clermont, Florida C44-S-01 Gentlemen: Responding to the request resulting from our discussions Wednesday, Febru- ary 7, 1973, we are pleased to submit a proposal for engineering services' relating to your wastewater effluent disposal problem. To summarize this problem, it is our understanding that the effluent per- colation ponds (designed to serve the newly constructed sewage treatment plant facilities) are not functioning as intended. Apparently the assimi- lative capacity is not as great as anticipated and the Pollution Control Department of Lake County will not permit discharges to the Palat1akaha Marsh. Secondly, the Lake County Pollution Control Department has imposed such stringent regulations upon renovated wastewater being discharged to surface waters that such discharges may be effectively prohibited by current administrative rulings. Finally, the capacity of,the existing percolation ponds for disposal of treated effluent is the limiting factor in the waste- water system, and additional connections to the system may be restricted pending correction of the problem. We propose to evaluate the problem utilizing all existing data that may be available to us from City records, fully determine the regulatory constraints applicable to the problem, make an engineering assessment, compile and submit a report containing our recommendations for such solution and/or alternatives thereto, as may appear feasible to meet both long and short term needs for effluent disposal. Our staff has the depth of training and experience in the various disciplines which we believe to be essential to providing the consulting services neces- sary to a cost-effective solution of this problem. 52 W PENNSYLVANIA STREET 305/241-1501 Honorable Mayor and City Councilmen February 15, 1973 These services will be rendered at our standard rate on an hourly fee basis as follows: Senior Engineer. . . . $32.00 Engineer . . . . . . . 22.00 Engineer Technician 16.00 Draftsman . . . . 12.60 Junior Draftsman 10.00 Clerical ...... 10.00 Plus job-connected travel and other direct out-of-pocket special job expenses. Further, it is hereby agreed that such total costs to the City for preparing and submitting the report shall not exceed $3,750.00. These services and costs, however, are exclusive of any soil sampling or field survey data (that may be required in order to provide full information relating to this problem); which soil or survey work shall be accomplished under your separate authoriza- tion, as and if deemed appropriate upon proceeding with the engineering study. It is anticipated that the work of data collection, revieW, assembly, report preparation and presentation can be performed over a period of eight to ten weeks subsequent to your authorization to proceed. It is our hope that the above proposal meets with your approval, and that we may have the opportunity of serving your City. If so, your acceptance as indicated below by appropriate signature and return of one copy would be appre- ciated, and will serve as our authorization to proceed. Sincerely yours, DAWKINS & ASSOCIATES, INC. David L. Crowson, P. E. Senior Project Manager Vice-President DLC/l b PROPOSAL ACCEPTED AND NORMAL ENGINEERING SERVICES HEREBY AUTHORIZED: CITY OF CLERMONT By: Date Signature and Title