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89-R-29RESOLUTION NO. 89-R-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE AMENDMENT NO. 1989-7, "ENGINEERING SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION MANAGEMENT OF THE FLORIDA SHORES INFRASTRUCTURE IMPROVEMENTS FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the City Council of the City of Edge- water, Florida, authorizes the appropriate officials of the City of Edgewater, Florida, to execute Amendment No. 1989-7, "Engineer- ing Services Associated With Design And Construction Management of the Florida Shores Infrastructure Improvements for the City of Edgewater", with Dyer, Riddle, Mills & Precourt, Inc. SECTION 2. A copy of said Amendment is attached to this Resolution and by reference incorporated herein as if fully set forth and marked Exhibit "A". SECTION 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4. That this Resolution shall take effect immedi- ately upon its adoption by the City Council of the City of Edge- water, Florida, at a special meeting of said Council held on the 15th day of May , 1989, and ap- proved as provided by law. This Resolution was introduced and sponsored by Councilman Gold , and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a special meeting of said Council held on the 15th day of May , 1989, and approved as provided by law. ROLL CALL VOTE AS FOLLOW Mayor Councilma - o One unc11 man -Zone Twos ,�a Cou c' man -Zone Three el ncilman- one Four This Resolution Prepared by: J City Zorney 1989. AMENDMENT NO. I989-7 ENGINEERING SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION MANAGEMENT OF THE FLORIDA SHORES INFRASTRUCTURE IMPROVEMENTS FOR THE CITY OF EDGEWATER This AMENDMENT made and entered into this 15th day ofMai ,1989,amends the consulting engineering AGREEMENT for professional services between the CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY"). and DYER, RIDDLE, MILLS A PRECOURT, INC. (hereinafter referred to as "CONSULTING ENGINEER") to perform engineering services relative to final design and construction management of the Florida Shores Infrastructure Improvements for the CITY; WHEREAS, this AMENDMENT shall incorporate all of the conditions and requirements of the original CONTRACT between the CONSULTING ENGINEER and the CITY, dated October 19, 1987; - Provisions delineated in the October 19, 1987 AGREEMENT shall remain in full force without modification. In case of conflict this AMENDMENT shall prevail. This AMENDMENT provides for certain professional consulting engineering services relative to the CITY's water, wastewater, drainage ar:d roadway systems. The services provided in this AMENDMENT include, but are not limited to, providing engineering services to the City related to the design and construction management for the Florida Shores Infrastructure Improvements. As directed by the designated CITY representative to the CONSULTING ENGINEER, confirmed by the CITY's work order, the scope of services and professional engineering compensation as delineated in Exhibit A, "DRMP Work Order Description"; Attachment 1, "General Provisions"; and Attachment 2, "Florida Shores Infrastructure Improvements - Compensation Summary" are made part of this AMENDMENT. DRMP #87-400.15 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this AMENDMENT No. 1989-7 upon the terms and conditions stated in the AGREEMENT dated October 19, 1987. Witness Witness ) X Witness j � Ilnfn �lfan %62V1 Witness Dyer, Riddle, Mills & Prec rt, Inc. BX 76! Vic President CITY OF EDGEWATER, FLORIDA BX A��2xl Mayor EXHIBIT A CITY OF EDGEWATER DRHP WORK ORDER DESCRIPTION Project Title: Florida Shores Infrastructure Improvements Project Objective: Florida Shores is an existing subdivision encompassing approximately 4.3 square miles and having approximately 5600 buildable parcels. Of this total, approximately 2030 parcels have residences constructed which are served by septic tanks and a central water system predominantly consisting of 2" galvanized pipe distribution system. Additionally, only approximately 40% of the 84z miles of roadway in the subdivision are paved and the secondary drainage system (front and side lot swales/ditches) Is poorly defined. The objective of the project is to: I. Provide central wastewater collection facilities to serve existing and future residential growth in the subdivision; 2. Provide a water distribution system hydraulically capable of providing fire flow capacity (i.e., pipeline and fire hydrants); 3. Provide a wastewater reuse distribution system for urban irrigation In lieu of using potable water; 4. Provide suitable sub -base and pavement to the currently unpaved roads; 5. Provide a more well defined swale/ditch secondary drainage system to convey water from the paved roads and residential parcels to the City's primary drainage facilities. Project Scope: Engineering services to be provided for the Florida Shores infrastructure Improvements are divided Into three (3) major components as follows: Component A - Aerial topographic and control surveys. Component B - Water distribution and wastewater collection facilities. Component C - Paving and drainage improvements. Component A: Aerial topographic and control surveys. The work to be completed for this component includes the complete survey of the Florida Shores subdivision utilizing aerial photogrammetry and stereo digitization technology. This work task is further defined as follows: I. Ground survey shall be used to establish all horizontal and vertical control for the aerial survey and shall be performed under the direct supervision of a professional land surveyor registered in the State of Florida. A certified survey showing all primary horizontal and vertical control points with references and descriptions of these points adequate to recover and reestablish said points shall be provided. Field notes shall be certified correct and shall meet minimum technical standards for surveys per Chapter 472, Florida Statutes. 2. Aerial photo identifiable targets will be set as required by the photo grammetrist to ensure topographic contour intervals such that ninety percent (90%) of the contours shall be accurate to within 1/2 contour intervals and the remaining ten percent (10%) within one (1) contour interval. Contour interval shall be I foot with sufficient spot deviations shown to further define the nature of the topography. Additionally, a minimum of one (1) spot elevation shall be given at each roadway intersection and at least one (1) spot elevation at each centerline midpoint per block of roadway. Water surface elevations of all water bodies shall be identified by photgrammetry and give both elevations and date. Vertical datum shall be based on the National Geodetic Survey (NGS) vertical network. 3. The survey shall utilize a grid system, such as the Florida State Plan coordinate system, and be tied to establish horizontal control points. Rights -of -way shall be illustrated in accordance with recorded plat boundaries for all that may exist within the site and their centerlines shall be tied to the grid system consistent with the recorded plat. 4. Photo editing surveys that may be required shall be done under the supervision of a professional land surveyor registered in the State of Florida and shall be entered in field books, data base files and diskettes. 5. Objects to be shown by photogrammetry but not labeled include structures, trees, foliage, sidewalks, culvert endwalls, water bodies, curbing, fences and driveways. Objects to be shown when visible by photogrammetry and identified with text include valve boxes, all utility poles, fire hydrants, utility boxes, utility markers, roadways (paved or unpaved) and manholes. Driveways will be determined as paved or unpaved, swale or culvert sectior through field verification by City personnel. Mail boxes will also be determined through field verification by City personnel. 6. All survey information shall be converted to 51 inch diskettes compatible with the AutoCad Release 9 computer program utilizing stereodigitization methods and at a scale of I" equals 30'. Component B: Water distribution, wastewater collection and wastewater reuse distribution facilities. Design engineering services for this component shall consist of the following work tasks performed in accordance with Section 1.4 Final Design Phase and 1.5 Bidding or Negotiating Phase of the "General Provisions" provided in Attachment. 1: Preparation of construction drawings, technical specifications and contract documents suitable for bidding purposes for: a. Water distribution pipelines, valves and related appurtenances intended to provide fire flow capacity of 500 GPM throughout the Florida Shores subdivision in accordance with the City's Water System Master Plan (1987). Fire hydrants will be strategically placed such that the maximum distance between ary two hydrants is 1000 feet. b. Wastewater collection facil_ties in accordance with the City's 201 Plan Addendum 1989, and consisting of: I. On -site Septic Tank Effluent Pumping (STEP) systems at each residerce. Existing septic tanks will be converted to STEP systems and standards and specifications for newly constructed residences in the future will be developed. 2. Low pressure force main network (PVC construction) which each STEI'system pumps'nto. 3. Large service area lift stations utilizing duplex submersible pumping systems, precast circular wet wells and the related valving and electrical service. 4. Individual lift station force mains and a large manifold wastewater transmission main which terminates at the wastewater treatment plant. C. Wastewater reuse distribution pipelines, valves and appurtenances related to providing residential irrigation supply water. Cost estimates ar:d plan review shall be provided at the 50% and IOC% completion levels and shall be divided into separate estimates for water low pressure collection :ift station/force mains and wastewater reuse distribution systems. Design drawings will be at 1-inch equals 30 ft. scale for the pipelines. 2. State and local agency and railroad permitting requirements will be identified and the necessary permit applications will be prepared and submitted on behalf of the City. The City shall be responsible for the direct cost of all permit application fees. 3. Provide additional survey services to vertically locate existing utilities, such as gas, major electric fiberoptic and telephone lines where they intersect proposed water and wastewater utility improvements. 4. Assistance and meetings with FDER related to securing a low interest wastewater construction loan from the State Revolving Loan Program. 5. Assistance In obtaining and evaluating bids and making recommendations regarding award of contract. Any work conducted in assisting the City in resolving bid protests, if necessary, shall be performed on an hourly basis in accordance with the conditions and requirements of the original contract between DRMP and the City, dated October 9, 1987. Component C: Paving and Drainage. Design engineering services for this component shall consist of the following work tasks performed in accordance with Section 1.4 Final Design Phase and 1.5 Bidding or Negotiating Phase of the "General Provisions" provided In Attachment 1: I. Preparation of construction drawings, technical specifications and contract documents suitable for bidding purposes for: a. Paving - includes asphaltic surface, base course and subgrade intended to provide improved roadway conditions on unpaved public roadways within the Florida Shores Subdivision. The pavement section will be designed to support normal traffic movements. b. Drainage - includes all regrading of roadside swales tc provide secondary conveyance for stormwater runoff to primary canal system. This work also includes all pipes, erosion control systems, weirs, etc. that may be required to properly control and convey the stormwater runoff. Modifications to the primary drainage system are not included in the scope of this component (see Stormwater Master Plan for City of Edgewater, Florida). Cost estimates and plan review shall be provided at the 50% and 100% completion levels and shall be divided into separate estimates for paving and drainage. Any grading for the roadway will be included with the paving section. Any grading for the swales will be included with costs of drainage. Drawings will be at I -inch equals 30-ft, for all plan view design. 2. All applicable permitting agencies will be identified. The necessary permit applications will be prepared and submitted on behalf of the City. The City shall be responsible for the direct cost of all permit application fees. 3. Assistance in obtaining and evaluating bids and making recommendations regarding award of contract. Construction Services Phase - Engineering services related to the Florida Shores infrastructure improvements shall consist of the following work tasks performed In accordance with Section 1.6. Construction Phase of the "General Provisions" provided in Attachment I: 1. Review of Contractor's applicatior for payment on a monthly basis, and recommendation of payment to the City in accordance with contract documents and work completed. 2. Review of shop drawings required to be submitted in accordance with the design specifications for conformance with the design concept and specifications. Issue instructions to the Contractor on behalf of the City, as necessary, to ensure complete understanding, interpretation and prosecution of the project in accordance with the design concept. F 4. A minimum of twelve (12) visits to the site to ascertain project status and contractor performance. 5. Conduct facility inspections for substantial and final project comfletion and certify project to regulatory agencies when complete. Water quality and bacteriological testing required for project certification shall be performed by the City with the results forwarded to the Engineer for project certification of completion. 6. Record drawings based on data furnished by the contractor, including any required changes to the original design, shall be prepared and submitted to the City. One set of seplas and one set of prints will be provided. Project Duration: The final design for the total infrastructure improvements up to and including bidding and recommendation of award shall be completed 55 weeks after notice to proceed is given. Project Compensation: This project will be invoices on a monthly basis In accordance with the conditions and requirements of the original contract between DRMP and the City, dated October 9, 1987. The total upset limit for this project is $1.636,580 ($350,000 - aerial topography and control surveys; $896,580 - water, wastewater collection and reuse distribution systems design; $390,000 - secondary drainage system and road paving design). An itemized description of the estimated fee is provided in Attachment 2. lit NtRAL PROVISIONS Attached to and made a part c ETTER AGREEMENT dated ............ ... .... ........... 19, 89.. between . _ City.ot Edgewater ............. .... (Owned and_ Oyer.,. R tddle,. M Ills .dj. RteC.ttuft, .l,nc; . 1 Eng1"er) m respect of the project (project) described therein. SECTION I —BASIC SERVICES OF ENGINEER I.I. General. -- I.I.I. ENGINEER shall perform profesannal Services as hereinafter stated which include customary civil. structural, mechanical and electrical engineering services and customary architectural services incidental thereto. 2. Study and Report Pone. A r written authorization to proceed, ENGINEER shall: 1.2.1. Consult with OWNER ro clarify and detirc OWNER', require nts for the Project and review available data. 1.2.2. A ise OWNER as ro the necessity of OWNER's a. go Providing o obumdg from others data or services of the types d<s<n in paragraph J. J, and act as OWNER's rep- resentative in c ne<fion with any such services. L 2.7. Provides lyses ofOWNER'sneeds.planning got. v<ys.sneevaluatio and comparative vudi<s ofprospearve sites and "I us 1.2.A. Provide a gene economic analysis of OWNER's requirements applicable t various alternatives. 12.7. Prepare a RCISOR ntainin sketches and conceptual desi s schematic layouts. g criteria wnh appropriate ex- hibits to indicate clearly the con derations Involved and the alren tive solutions available to WNER and seeing forth ENGINEER's findings and recom ndations with opinions of probable costs for the Project. 1 cluding Construction Cost. contingencies. allowances for cha esofallprofnsion- als and consultants, allowances for the oils of land and rightfrof-way. compensation for or dam and interest and financingcharges tallofwhio sass h10 ereinafter fOpieffres called "Prmerr r—, , 1,16. Furnish five copies of the Report and Clear ants revii it in person with OW NER. The duties an es area of ENGINEER during the Study and Repo Phae� are amended and S ,III) memad as indicaled m Para ph ] of Exhibit A "Further Description of Basic Engineenn r. vices and Related Maners which is attached to and at a part of these General Provisions, e pngmkery pnlgn wphase. Afterauthotion to Design Pha NGINEER shall teed with the preliminary In consults with OWNER and on the basis of the accepled Report, deter the extent of the project. 1.7.2. Prepare preliminary de documents consisting of final design cnteru. prelimmary dra sand outline speci fication. 1.3.3. Based on the information contained In nary design documents, submit a revised opinion Project Cost, I' Furnish five copies of the above preliminary dnyn OWNER. The •ovum and review them in prune wnh Clothing the rat onsjbditka of ENGINEER Pkmented aarcodicated in paragraph a are amended and sup. D senption of Basic Enwnee nnh bh A "Further Maven". P g Services laced 1.11. Final Design phase. After written authorization to proceed with the Final Design Phase, ENGINEER shall: I.J.1. On the basis of the accepted Preliminary design doc- uments and the revised opinion of probable project Cos,. prdraeparwine for incorporation in the Contract Documents final gs to show the character and extent of the Project (hereinafter called "Drawings ) slid Specifications. 1.4.2. Furnish to OWNER suchdocumeals and design data as may be required for, and assist in the preparation of. the required documents so that OWNER may apply far approvals Of such governmental authorities as have jurisdiction over design criteria applicable to the Project. and assist in obtad- Ing such approvals by Participating in submissions to and negotiations with appropriate awboraies. I.4.3. Advise OWNER of any adjustments to the blast opinion of probable Project Cost caused by changes in extent or design requirements of the Project orComtrtscr as In extent furnish a revised opinion of probable vjr C, l Cost baud on and Drawrns and Specifications. I.J.J. Prepare for review and approval by OWNER, his legal counsel and other advison contract agreement fnmf Senegal conditions and supplementary conditions, and get" aPPropnate) bud forms, invititions to bid and instructions to bidden. and assist documents. in the Prcpatation of other related I.J.S. Furnish five copies oflhe above documents and pit, Inland review In" in person with OWNER. The dww3 and responsibilities ul ENGINEER during the Final Design Rinse are amended and ;uppkmented as iMicased in paragraph J of Exhibit A "Funher Description of Basic Engineering Ser- vices and Related clatters'. 13. Bidding ar Negatlating phase. After wntlen aushonution to Proceed with the Bidding or Negotiating Phase. ENGINEER shall: 1.5.L Assist OWNER inObtaining bids ornegotiating pro- Posals for each separate prime contract for construction, materials, equipment and services. 1.3. 2. Consult wnh and advise OWNER as to the accept. ability pf subcontractors and other persons and urgannatipns proposed by the prime contractors) (hereinafter called "Contractors)") for those portions of the work as to which such acceptability Is required by Ilse bidding documents. I.3. 3. Consult with and advise OWNER as to the accept• ability of substitute materials end equipment proposed by Contractonsi when subsutulwa prior to the award of can. tracts Is allowed by the bidding documents. I.3.4. Assist OWNER in evaluating bids or Proposals and in assembling and awarding contracts. The dunes and re- sponsibilities of ENGINEER during the Bidding or Negon- ating ph," are amended and supplemented as indicated in Paragraph 3 of Exhibit A "Further Description of Basic En. gineering Services and Related Maners 1.6. Construction phase. During the Construction Phase ENGINEER shell: Page -A- of .__ 5 pages 1.6.1. Consult with and advise,_ iNER and act as his rep- resentative as provided in Articles I through 17. inclusive, of the Standard General Conditions of the Construction Con- tract, No. 1910-811978 editionl. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified, except to the extent provided in paragraph 6of Ex- hibit A "Further Description of Basic Engineering Services and Related Matters" and except as ENGINEER may other. wise agree in writing. All of OWNER's instructions to Con- tractors) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions except as otherwise pro- vided in writing. 1.6.2. Make visits in the site at intervals appropsiaze to the various stages of construction to observe as an experienced work is not the to make ex- :ck the qual- m be respon- nces or pro - or the safety : work of or to guard OWNER against defects ,-worc.snmsen, 8 defects and deficiencies in work and may disapprove or reject work fading to con - to the Contract Documents. Review and approve (or take n respect or) stop Drawings (as that term is defined in the aforesaid Standard General Conditions) and samples, the re- sults of tests and inspections and other data which each Con- tractor is required to submit, but only for conformance with the design concept of the Project and compliance with the in- formation given in the Contract Documents Ibut such review and approval ofother action shall not extend to means- meth. ods, sequences, techniques or procedures ofconstrumion or to safely precautions and programs incident thereto): deter- mine the acceptability of substitute materials and equipment proposed by Contiacror(s): and receive and review (for gen- eral content as required by the Specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which arc to be assembled by Con. tractor(s) in accordance with the Contract Documents. 1.6.4. Issue all instructions of OWNER to Contractoris): issue necessary interpretations and clarifications of the Con- tract Documents and in connection therewith pmpare change orders as required: have authority, as OWNER s represen- tative, to require special inspection or testing of the work: act as initial interpreter of tK requirements of the Contract Documents andjudge of the acceptability of the work there. under and make decisions on all claims of OWNER and Contractods) relating to the acceptability of the work or the interpretation ofthe requirements ofthe Contract Documents pertaining sto hall not execution liable for he results of aness of the y such interpretations or decisions rendered by him in good faith. 1.6.5. Based on ENGINEER's on -site observations as an experienced and qualified design professional and on review of applications for payment and the accompanying data and schedules. determine (he amounts owing to Contractori sl and recommend in writing payments to Cont, in such amounts: such recommendations of payment will constitute a representaik,o OWNER, based on such observations and review, that the work has progressed to the point indi. cated, that, to the best of ENGINEER's knowledge. infor. mation and belief, the quality of such work is in accordance with the Contract Documents (subject to an evaluation of such work as a functioning Project upon Substantial Comple- tion, to the results of any subsequent tests called for in the Contract Documents. and to any qualifications stated in his recommendation), and that payment of the amount scram. mended is due Contractorls): but by recommending any pay. ment ENGINEER will not thereby be deemed to have rep. resented that continuous or exhaustive examinations have been made by ENGINEER to check the quality or quantity of the work or to review the means. methods, sequences. techniques or procedures of construction or safety precau. tans or programs incident thereto or that ENGINEER has made an examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that the Con- (ractor(s) have completed their work exactly in accordance with the Contract Documents. 1.6.6. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work has been completed in accordance with the Contract Documents and if each Contractor has fulfilled all of his obligations thereunder so that ENGINEER may recommend, in writing. final payment to each Contractor and may give written notice to OWNER and the Contractons) that the work is acceptable (subject to any conditions therein ex- pressed), but any such recommendation and notice shall be subject to the limitations expressed in paragraph 1.6.5. 1.6.7. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor. or any of the Contractor(s)' or subcontractor' agents or employees or any other persons (except ENGINEER's own employees and agents) at the .i(e or otherwise performing any of the Con- tractor(s)' work. however, nothing contained in paragraphs 1.6.1 thru 1.6.7 inclusive. shall be construed to release EN. GINEER from liability for failure to perform properly duties undertaken by ENGINEER in the Contract Documents. SECTION 2—.ADDITIONAL SERVICES OF ENGINEER 2.1. Normal and customary engineering services do not in- clude services in respect of the following categories of work which are usually referred to as .Additional Services. If OWNER wishes ENGINEER to perform any Additional Ser- vices, he shall so instruct ENGINEER in writing, and EN- GINEER will be paid therefor as provided in the Letter Agreement. Additional Services include: —Reparation of applications and supporting documents for governmental financial support of the Project: and prepars- tion or review of environmental studies and related ser- vices. —Services to make measured drawings of or to investigate existing conditions or facilities. —Services resulting from significant changes in the extent of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. —Providing renderings or models. —Preparing documents for alternate bids requested by OWNER for work which is not executed or for out -of. sequence work. —Detailed consideration of operations, maintenance and overhead expenses: and the preparation of rare schedules, Page ..- 2_ of _ 5 pages to, engineers, architects, strive , d specification writers, estimator, rher not limited to, I, excise and his, sick leave. vacation and holiday pay applicableerero tb. For the purposes of this Agreement, the principals of ENGI- The amount of customary and statutory personnel wilt be considered equal to 1 wages. 4.5. Reimbursable Expenses mean the tents; or proposals from Contmctodsl: furnishings and field office facilities; subsistence and transpor- overtime for Basic Services is on r Payroll Costs times a factor of L1 , and specialized equipment, including an appropriate charge for Previously established programs and expenses of pholo- graphic Production techniques times a factor cf L2_. SECTION 5—MISCELLANEOUS 5.1. Reuseor Documeota. All documents including Drawings and Specifications pre. Pared by ENGINEER pursuant to this Agreement arc instro. ments of service in respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by EN. GINEER for the specific purposes intended will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER: and OWNER shall indemnify and hold harm- less ENGINEER from all claims. damageslosses and ex- penses tthincluding attorneys of erefrom. Anysuch verificationortadaptation, owill entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 5.2. opinions of Cop. Since ENGINEER has no control over the cost of labor. materials, equipment or services furnished by others, or over the Contracmrlsy' methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Proje ost and Construction Cost provided for herein are to b81hade on the basis of his experience and qualifications and represent his best judgment as an expert. enced and qualified professional engineer, familiar with the construction industry' but ENGINEER cannot and does not guarantee that proposals, bids or actual Project or Construc. tion Cost will not vary from opinions of probable cost pre- pared by him. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Project or Construc- tion Cost he shall employ an independent cost estimator as Provided in paragraph 3.2. Engineering services to modify the Contract Documents to bring the Construction Cost within any limitation established by OWNER will be consid. ered Additional Services and paid for as such by OWNER. S.3. Late Payment. If OWNER fails to make any Payment due ENGINEER for services and expenses within sixty days after receipt of EN. GINEER's bill therefor. the amounts due ENGINEER shall include a charge at the rate of 1%per month from said sixtieth day. and in addition. ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. 5.4. Termination. The obligation to provide further services under this Agree. ment may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance withthe terms hemofthrough no fault of the terminating party. In the event of any termi- nation, ENGINEER will be paid for all services tendered to the date of termination. all Reimbursable Expenses and ter- mination expenses. 5.5. Successors and Aligns. 5.5. 1. OWNER and ENGINEER each binds himself and his partners. sma essors, executors, administrators, assigns and legal representatives to the other Party of this Agreement and to the partners. successors. executors, administrators, assigns, and legal representatives of such other party, in respect to all cosenants. agreements and obligations of this .Agreement. 5.5.2. Neither OWNER nor ENGINEER shall assign, sub. let or transfer any rights under or interest in (including, but without limitation. moneys that may become due at moneys that are duel this .Agreement without the written consent of the other. except as stated in paragraph 5.5.1 and except to the extent that the effect of this limitation may be restricted by law. Unless Specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates and subcontractors as he may deem appropriate to assist him in the performance of services here. under. 5.5.3. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. Page __ a-_ of _ 5 _ pages ATTACHMENT CITY OF EDGEWATER FLORIDA SHORES INFRASTRUCTURE IMPROVEMENTS COMPENSATION SUMMARY Component A - Aerial topography and control surveys Component A Subtotal Component B - Water distribution, wastewater collection and wastewater reuse distribution facilities. 1. Design phase services 2. Permitting and State Revolving Loan program assistance 3. Construction phase services Component B Subtotal Component C - Drainage and paving improvements 1. Design phase services 2. Permitting 3. Construction phase services Component C Subtotal $ 350,000 $ 641,380 20,000 206,600 $ 868,580 $ 333.000 30,000 27,000 $390,000 Direct Cost Reimbursables 28,000 TOTAL PROJECT FEE ESTIMATE $1,636,580 Note: The project fee estimate is based on cost sharing between the components listed and is only valid when the component designs are executed concurrently.