89-R-18RESOLUTION N0, 89-R-18
THE CITY
THE APPROP-
WATER,
R1LULL, I'I1LLJ 0 111LVVVI\I, a ,
ALL RESOLUTIONS IN CONFLICT HEREWITH
DING 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. 1989-3,
"Engineering Services Associated with Design and Construction
Management of the Western Wellfield Expansion for the City of
Edgewater" with Dyer, Riddle, Mills a 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in conflict herewith be and the same are hereby repealed.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
Edgewater, Florida, at a regular meeting of said Council
held on the 3rd day of April 198 9 , and approved 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 regular
meeting of said Council held on the 3rd day of April 198 9,
and authenticated as provided by law.
ROLL CALL VOTE ON RESOLUTION NO. 89-R-18 AS FOLLOWS:
Approved for form: !,
AT NEY
-2- Res. No. 89-R-18
AMENDMENT NO. 1989-3
ENGINEERING SERVICES ASSOCIATED WITH
DESIGN AND CONSTRUCTION MANAGEMENT OF THE
WESTERN WELLPIELD EXPANSION
FOR THE CITY OF EDGEWATER
This AMENDMENT made and entered into this 3rd day of April, 1989amends
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 & PRECOURT, INC. (hereinafter referred
to as "CONSULTING ENGINEER") to perform engineering services relative to final
design and construction management of the Western Wellfield Expansion for the
CITY;
WHEREAS, this AMENDMENT shall incorporate all of the conditions and
requirements of the original CCNTRACT between the CCNSULTING 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 certair professional consulting engineering services
relative to the CITY's water supply system. 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 Western Wellfield
Expansion.
As directed by the designated CITY representative to the CONSULTING
ENGINEER, ccnfirmed by the CITY's work order, the scope of services and
professional engineering compensation as delineated in Exhibit A, "DAMP Work
Order Description"; Attachment 1, "General Provisions"; Attachment 2, "Western
Wellfield Expansion Schedule"; and Attachment 3, "Western Wellfield Expansion
- Compensation Summary"; are made part of this AMENDMENT.
DRMP #87-400.11
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this AMENDMENT No. 1989-3 upon the terms and conditions stated in the
AGREEMENT dated October 19, 1987.
CITY OF EDGEWATER, FLORIDA
Witness
1 E
Witness Mayor
EXHIBIT A
CITY OF EDGEWATER
DRYP WORK ORDER DESCRIPTION
Project Title: Western Wellfleld Expansion
Project Objective: The City of Edgewater constructed the original 1.4 MGD Western
Wellfield in 1986 to accommodate the City's increasing water demands and allow
for a gradual phasing out of the Park Avenue wellfield which is experiencing
significant water quality degradation due to salt water intrusion. In order to
accommodate the City's future growth demands with a reliable, high quality water
supply, an expansion of the Western Wellfield is necessary. Water resource
investigations conducted in 1987 have concluded that a Western Wellfield expansion
constructed immediately north of S.R. 442 and immediately east of I-95 would provide
the City with a reliable End adequate water supply, as well as minimizing the distance
between water supply facilities and the proposed western water treatment plant,
maximizing the utilization of pipeline facilities constructed as part of the original
Western Wellfield and provide for future expansion capability.
Project Scope: The construction of the western wellfield expansion should be
performed in two phases under two separate construction contracts:
Phase I - Raw water supply wells
Phase li - Well equipment and appurtenances, and raw water transmission main
Engineering services to be provided for both Phase I and II shall include final design
and construction services described as follows:
Phase I - Raw Water Supply Wells
A. Final Design Services - Design services for Phase I shall consist of the following
work tasks performed in accordance with Section 1.4, Final Design Phase,
and Section 1.5, Bidding or Negotiating Phase of the "General Provisions"
provided in Attachment 1:
1. Preparation of construction drawings, technical specifications and
contract documents suitable for bidding purposes and a final cost estimate
for seven (7) 10" raw water supply wells drilled to an approximate depth
of 200 feet.
Plans and specifications shall be submitted to the City for review at
90% and 100% completion.
2. Ground surveys shall be conducted to locate each individual well site.
It is aysumed that the wellfield will be located on City owned property
and individual well site boundary descriptions will not be required.
3. Borehole geotechnical investigations to a depth of approximately 200
feet shall be conducted at each proposed well site to determine if any
cavernous formations are present which will affect the ability to
construct the supply well.
4. Assistance in obtaining and evaluating bids and making recommendations
regarding award of contract.
B. Construction Services - Engineering and hydrogeological services related to
the raw water supply wells construction shall consist of the following work
tasks performed in accordance with Section 1.6, Construction Phase of the
"General Provisions" provided in Attachment l:
1. Review of contractor's application 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.
3. 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. The cortractor
shall be responsible for obtaining any and all FDER, Volusia County
and SJRWMD well drilling permits required.
4. A minimum of three (3) visits to the site to ascertain project status
and contractor performance.
5. Conduct facility inspections for substantial and final project completion
and certify project to regulatory agencies when complete.
6. One set of record drawings and well logs based on data furnished by
the contractor, including any changes to the original design, shall be
prepared and submitted to the City.
Phase Q - Well equipment and appurtenances and raw water transmission main
A. Final Design Services - Design services for Phase 11 shall consist of the following
work tasks performed in accordance with Section 1.4, Final Design Phase and
Section 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, and final cost estimate
for:
a. Equipping (pumps, motors, valves, piping and appurtenances) seven
(7) 10" supply wells (constructed under separate contract) to provide
an approximate yield of 400 GPM per well.
b. Approximately 4.000 linear feet of raw water transmission main
pipeline ranging in size from g" diameter to 20" diameter.
Plans and specifications shall be submitted to the City for review at
90% and 100% completion.
2. Preparation of necessary FDER permit applications and coordination
of such with permitting agencies, as necessary, to obtain these permits.
A survey of the raw water transmission main route shall be conducted.
It is assumed that the pipeline shall be wholly located on City -owned
property and no easements and related legal descriptions will be required.
4. Assistance in obtaining and evaluating bids and making recommendations
regarding award of contract.
B. Construction Services Phase - Engineering services related to the well equipping
and raw water transmission phase of the project shall consist of the following
work tasks performed in accordance with Section 1.6, Construction Phase
of the "General Provisions" provided in Attachment 1:
1. Review of Contractor's application 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.
3. 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.
4. A minimum of four (4) visits to the site to ascertain project status and
contractor performance.
5. Conduct facility inspections for substantial and final project completion
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. One set of 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.
Project Duration:
A. Phase I - Raw Water Supply Well
The final design phase up to and including bidding and recommendation
of award shall be completed 10 weeks after notice to proceed is given.
Construction services shall occur concurrent with an eighteen (18) week
construction schedule. Substantial completion is estimated to occur
16 weeks after award of contract and final completion occurring 18
weeks after contract award.
A more detailed project schedule is provided in Attachment 2.
B. Phase 11 - Well Equipment and Raw Water Transmission Main
The final design phase up to and including bidding and recommendation
of award Ehall be completed 21 weeks after notice to proceed is given.
7. Construction services shall occur concurrent with a 33 week construction
schedule. Substantial completion is estimated to occur 29 weeks after
award of contract, final completion occurring 33 weeks after contract
award and project certification and placing the facilities in service
occurring 37 weeks after contract award.
A more detailed project schedule is provided in Attachment 2.
Project Compensation: This project will be invoiced 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 $62,755.
(Phase I - $15,123., Phase 11 - $47,632.). An itemized description of the estimated
fee is provided in Attachment 3.
ATTACHMENT
GENERAL PROV 'INS
Attached to and made a part of LETTER AGREEMENT
dated ................................ 19. 89., between
... City. of. Edgewater ..................... (Owner)
and_
Dyer.,. Riddle,. Mills .6r. Pr"pyrt, Ipc,. (Engineer)
in respect of the project (Project) described therein.
SECTION I —BASIC SERVICES OF ENGINEER
1.1. General.
I.I.I. ENGINEER shall perform professional services as
hereinafter stated which include customary civil, structural,
mechanical and electrical engineenng services and customary
architectural services incidental thereto.
2. A t wStruidty saduRpztPohase.
proceed. ENGINEER shall:
1.2.1. Consult with OWNER to clarify and define OWNER's
require nts for the Project and review available data.
1.2.2. A ise OWNER as to the necessity of OWNEWs
providing o obtaining from others data or services of the
types descri in paragraph 3.3. and act as OWNER's rep.
resentative in c ection with any such services.
1.2.3. Provide a lyres ofOWNER's needs. planning sur.
veys. rim evazuatio a ndcomPanuvestudiesafprosPeaive
sites and solutions.
1.2.4. Provide a gene economic analysis of OWNER's
requirements applicable t various alternatives.
1.2.3. Prepare a Report staining schemazic layouts.
sketches and conceptual d<sig criteria with apprapnat<ez-
hibits to indicate clearly the con 'dentgns involved and the
alternative solutions available to WNER and setting forth
ENGINEER's findings and recom raations with opinions
of probable costs for the Project, t cludingg Construction
Cost. contingencies, allowances forcha so all profession.
als and consultants, allowances for the osts of land and
rights -of -way, compensation for or dam s to properties
and interest and financing charges Jail ofwhic amhereimfter
called "Project Cost").
1.2.6. Furnish five copies of the Report andNesentand
review it in personwith OWNER. The duties ansi-
bihties of ENGINEER during the Study and Rhase
are amended and supplemented as indicated m h 2
of Exhibit A 'Further Description of Basic Eng�p r-
vices and Related Matters', which is attached to and m e
a Pan o(these General Provisions.
I gains ry Deslgs Phase.
After en authorization to proceed with the Preliminary
Design PhA64.NGINEER shall:
1.3.1. In consults with OWNER and on the basis of the
accepted Report, deter the extent of the Project.
13.2. Prepare preliminary de documer a consisting of
final design criteria, preliminary dra s and c Wine speci-
fication.
Furnish fl spies of the above prcliminuY design
docume rent and revkw them in yppe!sos with
OWNER. The rcaponat"ues of CNGINEEP
during the Preliminary Des a are amended and wp
ppkmented as indicated in permits ibr A"Further
Deunishon of Basic erin ..rtn{ Services lazed
Mattes .
1.4. Final Datp Phase
After written authorization to proceed with the Final Design
Phase. ENGINEER shall:
1.4. I. On the basis of the accepted preliminary design doc.
uments and the revised opinion of probable Project Cost•
prepare for incorporation in the Contract Documents final
drawings to show the character and extent of the Project
(hereinafter called "Drawings") and Specifications.
1.4.2. Furnish to OWNER such documents and design data
as may be required for, and assist in the preparation of, the
required documents so that OWNER may apply for approvals
Of such govemmentd authorities as have jurisdiction over
design criteria applicable to the Project, and assist in obtain-
ing such approvals by participating in submissions to and
negotiations with appropriate authorities.
1.4.3. Advise OWNER of any adjustments to the Wert
opinion of probable Project Cost caused by changes in extent
or design requirements of the Project or Construction Cod and
famish a revised opinion of probable Project Cost baud on the
Drawings and Specifications.
1.4.4. Prepare for review and approval by OWNER, his
legal counsel and other advisors contract agreement forms,
general conditions and supplementary conditions, and (where
appropriate) bid forms. invitations to bid and instructions
to bidden, and assist in the preparation of other mimed
documents.
1.4.5. Furnish five copiesoflhe above documents and pms.
ent and review them in person with OWNER. The desks and
responsibilities or ENGINEER during the Final Design Rhase
are amended and supplemented as indicated in paragraph 4
of Exhibit A"Further Description of Basic Engineering Ser-
vices and Related Matters'.
1.3. Bidding or Negotiating Phase
After written authorization to proceed with the Bidding or
Negotiating Phase. ENGINEER shalt:
1.5.1. Assist OWNER in obtaining bids or negotiating pro.
posals for each separate prime contract for construction.
materials, equipment and services.
15.2. Consult with and advise OWNER as to the accept.
ab.lily of subcontracmrs and other persons and organizations
proposed by the prime contractors) (hereinafter called
"Contractors)') for those portions ofthe work as to which
such acceptability is required by the bidding documents.
1.5.3. Consult with and advise OWNER as to the accept.
ability of substitute materials and equipment proposed by
Contractions) when substitution prior to the award of con.
tracts is allowed by the bidding documents.
1.5.4. Assist OWNER in evaluating bids or proposals and
in assembling and awarding contracts. The duties and re-
sponsibilities of ENGINEER during the Bidding or Negoti-
ating Phase are amended and supplemented as indicated in
Paragraph 5 of Exhibit A 'Further Description of Basic En.
gineering Services and Related Matters
1.3.3. Based on the information contained in relimi• 1.6. Construction Phase.
nary design documents, submit a revised opinion of p bile
Project Cost. During the Construction Phase ENGINEER shall:
Page __1 of--5 pages
1.6.1. Consult with and advise (._AER and act as his rep-
resentau" as provided in Articles 1 through 17. inclusive, of
the Standard-Gencral Conditions of the Construction Con-
tract. No. 19IM 11978 edittgn). The extent and limitations of
mbil A "Further Desenyston of Buie Engineering Services
and Related Matters' aaxleacepp as ENGINEER may other-
wise agree in writing. AB of OWNER's mstructions to Con-
tractonsl will be issued through ENGINEER who will have
authority to act on behalf of O WNER to the extent provided in
said Standard General Conditions except a otherwise pro-
vided m writing.
1.6.1. Make visits to the site at intervals appropriate to the
various stages of construction to observe as an experienced
and qualified design professional the progress and quality ofthe
executed work of Contractors) and to determine in general If
such work is proceeding in accordance with the Contract
Documents. ENGINEER shall not be required to make ex.
haustive or continuous on -site inspections to check the qual.
ity orquantity of such work. ENGINEE R shall not be respon.
sible for the means. methods. techniques. sequences or pro-
cedures of construction selected by Contractors) or the safety
precautions and programs incident to the work of
Contractors). ENGINEER's efforts will be directed toward
providing a greater degree of confidence for O WNER that the
completed work ofContractoers I will conform to the Contract
Documents, but ENGINEER shall not be responsible for the
failure of Contractors) to perform the construction work in
accordance with the Contract Documents. Dunn{ such visas
and on the bests of his on -site observations ENGINEER shall
kcep O WNER informed of the progress of the work. shall en.
deavor to guard OWNER against defats and deficiencies in
such work and may disapprove or reject work failing to con-
form to the Contract Documents.
1.6.3. Review and approve (or take other appropriate action
in respect of) Shop Drawings las that term is defined in the
aforesaid Standard General Conditions) and samples. the re.
suits of tests and inspections and other data which each Can.
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 (but such review
and approval of other action shall not extend to means. meth.
ads. sequences, techniques or procedures of construction or
to safety precautions and programs incident theretol: deter-
mine the accepPtability of substitute materials and equipment
proposed by Contractor sl: and receive and me iew.Ifor gen-
eral content as required by the Specifications) maintenance
and operating instructions. schedules, guarantees, bonds and
certificates of inspection which are to be assembled by Can.
tractors) in accordance with the Contract Documents.
1.6.3. Issue all instructions of OWNER to Contraction s):
issue necessary interpretations and clarifications of the Con-
tract Documents and m connection therewith pprercpare change
orders as required: have authority. as OWNER's r<preun-
tative. to require special inspection or resting of the work:
act as initial interpreter of the requirements of the Contract
Documents andjudge of the acceptability of the work there.
under and make decisions on all claims of OWNER and
Contractorisl relating to the acceptability of (he work or (he
interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work: but
ENGINEER shall not be liable for the results of any such
interpretations or decisions rendered by him in good Earth.
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 the amounts owing (o Contraction sI and
recommend in writing payments toContractors) a such
amounts: such recommendations of payment will constitute
a representationlCOWNER. based on such observations
and review, that the work has progressed to the point indi-
cated, that. to the bear 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.
Iran, to the results of any subsequent tests called for in the
Contract Documents. and to any qualifications stated in his
recommendations. and that payment of the amount recom.
mended is due Contractions): but by recommending any pay.
ment ENGINEER will not thereby be deemed to have sep.
resented that continuous or exhaustive exammalwns 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.
tions 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 tick io any of the work. materials or
equipment has passed to OWNER free and clear of any lien.
claims. security interests or encumbrances, of that the Can.
tra<tonsi have completed their work exactly in accordance
wash 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
abligatwns thereunder so that ENGINEER may recommend.
in writing. final payment to each Contractor and may give
written notice to OWNER and the Contractors) that the
work is acceptable Isubject to any conditions (harem ex.
pressed). but any such recommendation and nonce 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
Contractors)or subcontractors' agents or employees or any
other persons iexcept ENGINEER's own employees and
agents) at the .tie or otherwise performing any of (he Con.
tractor work. however. nothing contained in paragraphs
I.6.1 thru 1.0 inclusive. shall be construed to release EN.
GINEER from (lability for failure to perform properly duties
undertaken by ENGINEER in the Contract Documents.
SECTION I —ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and Cuslomary engineering services do not in-
clude servtecs in raped of the following categories of work
which are usually referred 10 as Additional Services. If
OWNER wishes ENGINEER to perform anv 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:
—Preparation of applications and supporting documents for
governmental financial suppon of the Project. and prepare.
uon 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 rate schedules.
page i of -5- pages
eaminp and expense statements. h flow acid ecocomi.
evaluations. feasibility studies. appraisals and valuations.
—Furnishing the services of special consultants.
—Services resulting from the award of more than one prime
contract for construction, materials, equipment or se:vtres
for the Project. or from the construction contract contain-
ing cost-plus or incentive -savings provisions for Contras.
tor's basic compensation, or from arranging for perfor-
mance by persons other then the principal prime contrac-
tors or from administering OWNER's contracts for such
services.
—Services in connection with field surveys for design pur-
poses and engineering surveys and staking out the work
of Contractonsl.
—Services in connection with change orders to reflect
changes requested by OWNER. evaluating substitutions
proposed by Contractonsl after award. and services re-
sulting from material. equipment or energy shortages.
—Services during out-of-town travel other than visits to the
site.
—Preparing for OWNER. on request, a set of reproducible
record pants based on data furnished by Contractonsl.
—Additional or extended services during construction made
necessary by (O work damaged by fire or other cause
during construction, (2) a significant amount of defective
or neglected work of Contractons). (3) prolongation of
contract time. Ia) Conlracrons)'Overtime work. and 15)
Contracmnsf defaults.
—Preparation of operating and maintenance manuals: exten-
sive assistance in utdiaatlon or startup. and training
OWNER's personnel.
—Services after completion of the Construction Phase.
—Preparing to serve or serving as a consultant or witness in
any legal or administrative proceeding or public hearing.
—Providing services normally furnished by OWNER.
2.2. If tie parties agree. ENGINEER shall provide resident
Project representation under ENGINEER's supervision
which will be paid for by OWNER as indicated in Exhibit .A
"Further Description of Basic Engineering Services and Re.
lated Matters" and which will be intended to assist ENGI-
NEER in observing performance ofContractons) work.but
will not involve ENGINEER in the construction means.
methods. techniques, sequences or procedures or safety pre-
cautions or programs nor provide to OWNER any guarantee
by ENGINEER of the accuracy. quality or timeliness of
Contractors, performance.
SECTION I—OWNERS RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full information
as to OWNER 's requirements for the Project: designate a
person to act with authority on OWNER behalf in respect
of all aspects of the Project: examine and respond promptly
to ENGINEER submissions: and give prompt written no.
tice to ENGINEER whenever he observes or otherwise be-
comes aware of any defect in the work.
2.2. OWNER shall also do the following and pay all costs
incident thereto:
—Furnish to ENGINEER core borings, probings and sub.
surface explorations. hydrographic surveys. laboratory
tests and inspections of samples, materials and equipment
and similar data: appropriate professional interpretations
of all of the foregoing: environmental assessment and im-
pact statements: property. boundary, easement. right -of.
way. topographic and utility surveys: property descrip-
tions. zoning and deed restrictions: all of which ENGL
NEER may rely upon in performing his services.
—Guarantee access to and make all provisions for ENGI-
NEER to enter upon public and private property.
—Provide such leg'Y accounting, independent cost ntimsi.
Ing and insunnr counseling services as may N required
for the Project. any auditing service required in respect of
Contractonsl applications for payment. and any' inapt,.
tdn services to determine if Contractons) are performing
the work legally.
—Provide field control surveys and fix reference points and
base lines.
—Fumish approvals and Permits from all governmental aw
thonties havtngjunsdiction over the Project.
13. OWNER shall pay all costs incident to obtaining bids
or proposals from Contractons).
SECTION 4—MEANING OF TERMS
a.l. As used herein the term "this Agreement" refers to
Let
ter tter Agreement to which these General Provisions are
attached and to theseGeneral Provudns and Exhibit A "Fur-
ther Description of Buie Engineering Services and Related
Matters", as if they were Part of one and the same document.
4.2. The construction cost of the entire Project (herein re-
ferred to as "Construction Cost') means the total cost of
the entire Project to OWNER, but it will not include ENGI-
NEER's compensation and expenses, the coat of land, rights -
of -way, or compensation for or damages to, properties unless
this Agreement so specifies, nor will it include OWNER's
or interest and nearing charges incurred in connection with
the Project. When Construction Cost is used as a basis for
payment it will be based on one ofthe following sources with
precedence in the order listed for work designed or specified
4.2. 1. For completed construction work the total cost
of all work performed as designed or specified by ENGI-
NEER.
4.2. 2. For work designed or specified but not can.
structed. the lowest bona fide bid received from a qualified
bidder for such work: or. if the work is not bid, the lowest
bona fide negotiated proposal for such work.
4.2.7 For work designed or specified but not con.
structed upon which no such bid or proposal is received.
the most recent estimate of Construction Cost. or. if none
Is available. ENGINEER'S most recent opinion of proba-
ble Construction Cost.
Labor furnished by OWNER for the Project will be included
in the Construction Cost at current market rates Including a
reasonable allowance for overhead and profit Materials and
equipment furnished by OWNER will be included at current
market prices. No deduction is to be made from ENGI.
NEER's compensation on account ofam penalty. liquidated
damages. or other amounts withheld from payments to Con-
tractonsl.
4.2. Direct Labor Costs used as a basis for payment mean
salaries and wages (basic and incentive) paid to all personnel
engaged directly on the Project. including. but not limited
to, engineers, architects. surveyors, designers. draftsmen.
specification writers. estimators. other technical personnel,
stenographers. typists and clerks'. but does not include indi-
rect payroll related costs or fringe benefits. For the purposes
of this Agreement the principals of ENGINEER and their
hourly Direct Labor Costs are:
Geraldartman
4.4. The Payroll Costs used as a basis for payment mean
salaries and wages (basic and incentive) paid to all personnel
engaged directly on the Project. including, but not limited
Page -3 (If 5_ pages
to. engineer. architects. surveyo designers, draftsmen,
slieelkation ariten, extension. other technical personnel,
stenographers. typists and clerks: pIu the costof cuwmary
and statutory beneSta including, but pot limited to, social
security comr.butinna, twmploYmem. excise and payroll
tuft, workers' comps" tine. health and retirement bene-
fits, sick leave, vacation and holiday py apPltcable thereto.
For the purposes of this Agreement, the principals of ENGI-
NEER and their hourly Payroll Costa are:
era artman
The amount of customary and statutorryy ppeenefns of all other
personnel will be considered equal to 1i%r of salaries and
wages.
4.5. Reimbursable Expenses mean the actual expenses in.
curred directly or indirectly in connection with the Project
for: transportation and subsistence Incidental thereto: ob-
taining bids or proposals from Contractors st: furnishings and
maintaining field office facilities: subsistence and transpor.
tarton of Resident Project Representatives and thew assss-
anta: toll telephone calla am .r n.-
items In addition to those required under Sec
of photographic production techniques: and.
advance ey VVVNt:K, overtime work requiring higher than
regular nits. Where compensation for Bask: Services is on
the basis of Direct Labor Costs or Payroll Costs times a
factor. Reimbursable Expenses shall include the amount
billed to ENGINEER by special consultants emploved by
ENGINEER lother than as an authorized Additional Service
under Section 21 for such consultants services and Reltn-
bursable Expenses times a factor of _, and shall also
include expenses incurred for computer time and other highly
specialized equipment. including an appropriate charge for
previously established programs and expenses of photo-
graphic production techniques times a factor of _.
SECTION 5—MISCELLANEOUS
5.1. Reuse of Documents.
All documents including Drawings and Specifications pre-
pared by ENGINEER pursuant to this agreement are instru-
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.
Anv reuse without written verification or adaptation by EN-
GINEER for the specific purposes intended will be at
OWNER a sole risk and without liability or legal exposure
to ENGINEER:andOWNERshallindemnifyandholdharm-
less ENGINEER from all claims. damages, losses and ex.
penses including attorneys fees arising out of or resulting
therefrom Any such verification or adaptation will entitle
ENGINEER to further compensation at races to be agreed
upon by OWNER and ENGINEER.
5.2. Opinions of Cm
Since ENGINEER has no control over the cost of labor.
materials. equipment or services furnished by others. or over
the Contractonsi methods of determining prices, or over
competitive bidding or market conditions. his opinions of
probable Project -Cost and Conssructide Cost provided for
herein arc to be made on the bus of his experience and
qualifications and represent his best judgments ex se expert-
enced ad qualified professionm en 'Voter. familiar with the
construction industry: but ENGINEER cannot and does am
guarantee that proposals. bids or actual Project or Continue.
till Cost will not vary from oPinlons 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 u
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 constd-
ered Additional Services and paid for u such by OWNER.
5.3. Luse hymen.
IfOWNER fads to make any payment doe 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 servkef 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 with theterms hereofthrough
no fault of the terminating party. In the event of any termi-
nation. ENGINEER Will be paid for all services readered to
the date of termination, all Reimbursable Expenses and ter.
mination expenses.
5.5. Successors and Assigns
5.5.1. (DINNER and ENGINEER each binds himself and
his partners. ,:esso,s, executors. administrators. assigns
and legal repre-eotanves to the other party ofthis Agreement
and to the garners. successors. executors. administrators,
assigns. and legal representatives of such other party. in
respect to all <osenams. agreements and obligations of this
agreement.
5 5 2. Neither OWNER not ENGINEER shall assign. sub
let or transfer any rights under or interest in imcluding, but
without limitation. monevs that may become due or moneys
that are duct 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 he restricted
by law. Unless ,pecincaliv stated to the contrary in any
written consent to in assignment. no assignment will release
or discharge the assianor 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 its give any rights
or benefits hereunder to aosane other than OWNER and
ENGINEER.
Page d of 5__ pages
S.G. Arbitration.
5.6.1. All claims. counteMaims. disputes sad othermatters
in question between the parties hereto arising our of or relat.
ing to this Agreement or the breach thereof will oe decided
by arbitration In accordance with the Construction Industry
Arbitration Rules Of the American Arbitration Association
then obtaining. subject to the limitations and restrictions
stated in paragraphs 5.6.3 and 5.6.e below. This agreement
so to arbitrate and any other agreement or consent to arbitrate
entered into in accordance herewith as provided in this para.
graph 5.6 will be specifically enforceable under the prevailing
arbitration Iaw of any court having jurisdiction.
5.6.2. Notice of demand for arbitration must be filed in
writing with the other parties to ibis Agreement and with the
American Arbitration Association. The demand must be
made within a reasonable time after the claim, dispute or
other matter in question has ansen. In no event may the
demand for arbitration be made after institution of legal or
equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute
of limitations.
5.6.3. AB demands for arbitration and all answering state-
ments thereto which include any monetary clam must con-
tain a statement that the total sum or value in controversy
as alleged by the party making such demand or answering
statement is not more than S200.000'exclusive of interest
and costs,. The arbitrators will not have Jurisdiction. power
or amhonty to on . or make findings )except in denial
oft:reir ownjunsdia-6 concerning any claim. comwmlem.
dispire or other matter in Question where the amount in
controversy thereof is .note than $200.000 (exclusive of in-
(crest and costs) or to render a monetary award III iesppoorise
thereto against any party which totals more than f200.000
(exclusive ofinterest and costs).
5,6./. No arbitration arising out of, or relating to, this
Agreement may include. by consolidation, joinder or in any
other manner, any person or entity who is no( a party to this
Agreement. ,
5.6.5. By written consent signed by all the parties to this
.Agreement and contammg a specific reference hereto. the
limitations and restrictions contained in paragraphs 5.6.3 and
5.6.4 may be waived in whole or in pan as to any claim.
counterclaim, dispute or other natter specifically described
in such consent. No consent to arbitration in respect of a
specifically described claim. counterclaim. dispute or other
matter in question will constitute consent to arbitrate any
other claim, counterclaim. dispute orother matterm question
which is not specifically described in such consent or in which
the sum or value in controversy exceeds $200.000 (exclusive
of interest and costs, or which is with any pany not specifi.
cally described therein.
5.6.6. The award rendered by the arbitrators will be final.
not subject to appeal and judgment may be entered upon it
in any court having jurisdiction thereof.
[The remainder of this page was
left blank intentionally.]
Page 5 of - 5 _- pages
ATTACHMENT 2
CITY OF EDGEWATER
WESTERN WELLFIELD EXPANSION SCHEDULE
Weeks to Complete
Task Description from Notice to Proceed Date
RAW WATER SUPPLY
A. Design Services
1.
Survey
2
2.
Geotechnical - Boreholes
3
3.
Supply Well Design
a. 90% Completion
4
b. City Review
4}
c. 100% Completion
51
d. City Review
6
4.
Bidding/Award
a. Bids received/recommendation of award
10
b. Contract award by City
12
B. Construction
Phase
1.
Substantial Completion
28
2.
Final Complexion/In-Service
30
it. WELL EQUIPMENT AND RAW WATER TRANSMISSION MAIN
A. Final Design Services
1.
Survey (Transmission Main Route)
3
2.
Well and Transmission Main Design
a. 90% Completion
9
b. City Review
10
c. 100% Completion
12
d. City Review
13
3.
FDER Permitting (Completed)
a. Submittal
IO
b. Complete (Permit Received)
19
4.
Bidding/Award
a. Bids received/Recommendation of award
21
b. Contract award by City
23
B. Construction
Phase
1.
Substantial Completion
52
2.
Final Completion
56
3.
Completion Certification/In-Service
60
ATTACHMENTS
CITY OF EDGEWATER
WESTERN WELLPIELD EXPANSION
COMPENSATION SUMMARY
Pbase I - Raw Water Supply Wells
A. Design Phase
1. Basic Design Servicet
a. Final design drawings, specifications
and final cost estimate $ 6,618
b. Bidding services 972
Basic Design Services Subtotal $ 7,590
2. Design Special Services
a. Survey
b. Geotechnical
B. Construction Services Phase
1,000
4,000
Design Special Services Subtotal $ 5,000
TOTAL DESIGN PHASE $ 12,590
2,533
TOTAL PHASE 1 FEE ESTIMATE $ 15,123
Phase It - Well Equipment and Raw Water Transmission Main
A. Design Phase
1. Basic Design Services
a. Final design drawings, specifications
and final cost estimate $ 27,030
b. Bidding services 2,161
Basic Design Services Subtotal $ 29,191
2. Design Special Services
a. Survey 3,500
Design Special Services Subtotal $ 3,500
TOTAL DESIGN PHASE $ 32,691
B. Constructon Services Phase 14,941
TOTAL PHASE U FEE ESTIMATE $ 47.632
TOTAL PHASE 1 AND H FEE ESTIMATE $ 62,755