89-R-61RESOLUTION NO. 89-R-61
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. 1989-11 "ENGINEERING SERVICES ASSOCIATED
WITH DESIGN AND CONSTRUCTION ADMINISTRATION OF THE
TURGOT AVENUE IMPROVEMENTS FOR THE CITY OF EDGEWATER"
WITH DYER, RIDDLE, MILLS E 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, hereby authorizes the appropriate officials of
the City of Edgewater, Florida, to execute Amendment No. 1989-11,
"Engineering Services Associated with Design and Construction
Administration of the Turgot Avenue Improvements 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in conflict herewith be and the same are hereby repealed.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 9. That this Resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, at a Regular meeting of said Council
held on the 30 day of August , 1989, and ap-
proved as provided by law.
This Resolution was introduced and sponsored by Councilwoman
Bennington , 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 30 day of August ,
1989, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
1
o
Z6 46kan-Zone Four
this _y10 day of , 1969.
Mayor/
This Resolution Prepared by:
Ci tt hey
AMENDMENT NO. 1989-I1
ENGINEERING SERVICES ASSOCIATED WITH
DESIGN AND CONSTRUCTION ADMINISTRATION OF THE
TURGOT AVENUE IMPROVEMENTS
FOR THE CITY OF EDGEWATER
This AMENDMENT made and entered into this 30th day ofAugust, 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 @ PRECOURT, INC. (hereinafter referred to as
"CONSULTING ENGINEER") to perform engineering services relative to final design
and construction administration of the Turgot Avenue Paving and Drainage 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 roadway and drainage 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 administration for the Turgot Avenue
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, Turgot Avenue
Improvements - Compensation Summary" are made part of this AMENDMENT.
Amendment No. 1989-11 - Continued
Page 2
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this AMENDMENT No. 1989-11 upon the terms and conditions stated in the
AGREEMENT dated October 19, 1987.
Witness
Witness
±J't9: rL —, a �44
Witness
Dyer, Riddle, Mills h Precourt, Inc.
By Jpelmz�
Vice President
CITY OF EDGEu'ATER, FLORIDA
Witness Mayor
89-113.01
July Prop 89/cn
EXHIBIT A
CITY OF EDGEWATER
DRMP WORK ORDER DESCRIPTION
Project Title: Turgot Avenue Improvements
Project Objective:
Provide paving and drainage improvements to approximately 900 linear feet of
currently unimproved road.
1. Provide paved roadway between U.S. 1 and School Board property.
2. Reconstruct driveways along Turgot Avenue in vicinity of right-of-way.
3. Provide open drainage system for stormwater management and localized st-rm
drainage structures and pipe where applicable.
Project Scope:
Engineering services to be provided for the Turgot Avenue improvements include only
paving and drainage improvements.
Paving and Drainage: Design engineering services for this study 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:
1. 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 the unpaved public roadway within
the limits previously defined. The pavement section will be designed to
support normal traffic movements.
b. Drainage - includes regrading of roadside swales to provide secondary
conveyance for stormwater runoff to existing ditch. This work also
includes all pipes, erosion control systems, inlets, etc. that may be required
to properly control and convey the stormwater runoff.
Cost estimates and plan review shall be provided at completion of design. 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 1-inch
equals 40 ft. for all plan view design.
Exhibit A - Continued
Page 2
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 Turgot Avenue
improvements 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 Clty 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 design concept.
4. A minimum of six (6) 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. 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 sepias and one set of prints will be provided.
Project Duration: This final design andpermittingfor the total improvements up to
and including bidding and recommendations of award shall be completed 4 months
after notice to proceed is given.
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 $7,300.00
including $5,100.00 for engineering, $600.00 for geotechnical investigation and
$1,600.00 for site construction inspections.
89-113.01
July Prop 89/cn
GENERAL PROVISIONS
.Anached to and made A Pan of ILL, fER AGREEMENT
dated .... ............ . 19, 69.. between
. City of. Edgewater... . I Owner)
TR
Over... Riddle,. Mj1U .6. P.[CCRVTT,. In,; . ( Engineer)
in respact of the projot (Project) described therein.
SECTION I —BASIC SERVICES OF ENGINEER
I.I. Ge, .
I.I.I. ENGINEER 511411 perform Professional
ioservices a hereinafter stated which Include customary civil. structural.
amechanical and electrical tngtwenng W nKes and customary
rthhectural services Iwidental thereto.
Sally sad Reprt Phan.
Am r written amhonzatpn w proceed. ENGINEER shall:
1.=I.N Comuh with OWNER w clarify and defirr OWNER',
requme ran for the Project and renew available data.
L 2.2. A ise OWNER as to the necessity of OWNER's
providing o obtaining from action data or services of the
tYWs descn m paragraph 3.3, and tit as OW NER's rep•
nsentstive m c nection with any such Services.
1.2.1 provide A yses o(OWNER's needs. planning Sur•
veys, $ite evalmiu and comparative studies of prospective
Sites and solutions.
1.2.e. Provide a gene Kona
mic analysis o! OWNER'S
requirements applicable [ variow alternatives.
1.2.5. Prepare a Report ntaming schematic layouts.
sketches and conceptual dti criteria with apPropnate ea•
hibits to indicate clearly the con *rations involved and the
attemative Solutions Av"sble to WNER and seeing form ENGINEER's findings and recom ndatioan with Opinions
probable cosh for the Pr05ect. eluding/ Construction
Cost. contingencies, atI ances for char s of all profession.
als and consultants, altewanct for [ o,ti of land and nghn-ot-wan compensnwn for 0 dam s to land and and merest and financingchuges (alto fwhK an herclwfter
ties
called "Prolate Cou"/.
1.2.6. Furbish five coast of the Report and *sent and
renew it in person with OWNER. The dmk, wdXesponsi.
bdicks of ENGINEER during the Study and Repo Phil
arc amended and supplemented as in in pare ph 2
of Exhibit A "Further Descnperon of Basis Enpneenn ry
vices and Related Marten '. which Is anrhtlf to and m A ion of then General Prnrisine.
w Procoad with the Preliminary
shall:
UWNER and on the basis of the
,I* extent of the Proket.
1.3.2. Prepare Prefimmsey de31g
fined design cmens, preliminary it
fiplion.
1.3.3. Bawd on the rationalist"
nary design documents. sublmt a n
Project Cost.
4` u Ave --pies of the above Preliminary design
OWNER. Tht n and review them m perwn wren
dorm6 the holimmary Des rot onsibditits of ENGINES►
pkmented a militated m para/opna an amended and sup•
D unpwn pf Basra En neenn Diu -Further
Muteri'. W 1 $erv"es lated
I.*, Awl Design phase.
After written authorization to proceed with the Final Desyn
Phase, ENGINEER snail.
1 4 1 On rim axis Of theAcceptedpreliminary desigccln du.
Prepare for in
corporstloa in the Contracttbp< mle lentsCfinal
drawing to show (herethe character and client of the Project
iwRor called "Drawings") and Specifications.
1.1.2. Famish 10 OWNER such documents and design data
as may be required for. and asskl In the prepanhon of, the
required documentssethat OWNER As a0py Mifor lan
of. the
of such governmental mhenties r have 3unsi ictkn over
design criteria aPPlicabk to the Project. and mug in obtak-
ing such aPProvais by participating in submissions 10 all
negotiations with appropriate auchonnies.
1.*.3. Advise OWNER of any adjwlmems to the lera
opinion of Probable pmject Cost posed by changes so *suns
fuor desgnre=d 0pI a ofterproject orCw,tCM, tipnCoa and
Dn*l a revised opinion of probable Prtsjsct Cps[ bard as 1ba
Dnwtngs and $ion&atkna.
10" couasepl And Other review
ion cootrrfttdt g OWNER, hit
general conditions and sat aRns.ant Where
Appropriate) bid forms, Ipvffltl0nst to bid aid disa(muiheou to burden, and mist N the
documents. PmPmtlan of other Wood
1.e.5. Fumish five copies of the above documents and pace.
ent and review them m penon wish OWNER. The disks and
responsibilities or E NGINEER during the Final Design Derr
are amended Ana s Indicated In aph 4
of Exhibit A "Further DescnptlonsOf ask Enginetneg g*n
vices and Related .Natters -.
I,3. adding ar Negmlathtg Phase.
.After wntten authorization to proceed with the Bidding or
Negotiating Phase. ENGINEER shall:
1.5. 1. Assist OWNER in obtaining bids or negotiating pro- POw13 for each separate prime contract for construction,
materials. equipment and services.
1.5. 2. Consult with and advise OWNER as to the accept.
Ability Of subcontractors and other Person, and Organizations
proposed by the prime contrac[Ons) Ihere-rafter called
"Contrutonsl") for those PORIOns of the work as to which
such acceprabday 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
1pn1n1tenSl when substitution prior to the award of con.
tracts Is allowed by the bidding documents.
1.5.e. Assist OWNER in evaluating bid, or proposals and
in assembling all awarding contract. The duties and to.
sPonsibilitits of ENGINEER during,ht Bidding or Nepm
arms Phase are amended and supplemented as indicated in
Paragraph 5 of Exhibit A 'Further Description of BASK En.
gmeenng Services and Related Matters
1.6. Coasamth, Her.
During the Construction phase ENGINEER shall:
Page __! of- 5 pages
1.6.1. Coauh withandadvim OWNE dAct "his np•
mumative as provided In Articles I thrown 17. Inclusive. of
the Standand General Conditions of the Construction Con-
tract. No. 19104(1971ledition). The extent and limitations of
the duties. respoaibditin and authority of ENGINEER a
"stored in amid Standard General Conditions shall not be
habitA d. except to the extant provided in penpaph 6 of Ex-
ibit A "Further Dexripton of Basic Engineering Services
and Related Matteis" andexcepp a ENGINEER may other-
wise agree in writing. All of OWNER's instructions to Con•
tractor(s) will be issued through ENGINEER who will have
authority to act on behalfofO WNER to the extent provided in
said Standard General Conditions except a otherwise pro-
vided in writing.
1.6.:. Makevisitsin the site at intervals appmpriue to the
varfow staga of construction to obsern a an experienced
and gltahhd dei1�1 professional the.pmgress and quality ofthe
executed work Of COntnctons) and m determine in general If
such work is ootoceedin` in accordance with the Contract
Documents. ENGINEER "ball rut be required in make ex'
w hative or continuous ec on -site insptom to check the qual-
hy Orquantity of such work. ENGINEER shall nut be respon-
sible for the means, methods, techniques. Sequences or pro•
ccdmes ofconstrtmtion Selected by Contractions) or the safely
Precautions and prosrems incident to the work of
Contnctons). ENGINEER's efforts will be directed toward
Providing a sneer degree ofconfidence for OWNER that the
completed work ofContracmns) will conform to the Contract
Documents, but ENGINEER shall not be responsible for the
tasking of Centracmns) to perform the construction work in
acCordance with the COntna Documents. Durint such visits
and on the basis of his on-simobsematons ENGINEER shall
keep OWNER informed oftbe progress ofthe work. shall en•
deevor to guard OWNER against defects and deficiencies in
such work and may disapprove or mica work fading to con-
form to the Commet Documents
re taped oar onoC Orawtnp (" that term is defined in the
sferesald SnndarA General Conditions) and samples. the rc-
SWts of tests and inspections and other data which each Con -
Limiter is required to submit. but only for conformance with
the design concept of the Project and compliance with the in-
formaton given in the Contract Documents thus such review
and approval of h.
ods. sequences.[ textendion shall not
hisgues or procedumofConstruc[ontor
ro safetY precautions and programs incident thereto): deter-
mine the accepptlability of substitute materials and equipment
proposed by COntmwel): and receive and review (for gen-
eral content as required by the Specifications) mumenance
and op¢rumg instructions, schedules. tmmtea, bonds and
eeniflutes of tnspecton which an m be assembled by Con-
traaons) in accordance with the Contract Documents.
1.6.e. Issue W instructions of OWNER to Contnctons):
issue necessary interpretations and clarifications of the Con•
trey Documents and in connection therewith prepare change
Orden as required: have authority. a OWNER a rcprcsen-
tativs. to require special inspection or testing of the work:
act as initial interpreter of the requirements of the Contract
Documents and jtsoae of the acceptability of the work them.
under and make decisions oo all claims of OWNER and
Contnctoris) relating to the acceptability of the work or the
oterprctation Ofthareguimm wsofthe Contract Documents
penainin` to the execution also proareas of the work: but
ENGINEER shall not be liable for the results Of any such
Interpretations or decisions rendered by him in good faith.
1.6.5. Based on ENGINEER's on -site observations a an
experienced and qualified design ymfessioml and on review
ohoyyllc"ions for payment and the accompanyins due and
SehadWea. determine the amounts owing` to Contracto l a) and
recommend in writing paymeets to Commctorls) in such
amounts: such mcommendatioa of payment will constitute
A representation to O ER, based on Such observations
and review. that the work hall7ro rcsxd to the perm iMi-
cated. that. to the best of ENGIN�ER's knowledge, infor-
mation and belief. the quality of such work is in accordance
with the Comnct Documents Isubject to an evaluation Of
such work as a functioning project upon Substantial Comple.
Lion, to the results of any subsequent tests Called for in me
Contract Documents. and to any qualifications stated in his
recommendation), and that payment of the amount recom-
mended is due Contactoosl: 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 meads. methods; sequences.
techniques or procedures of construction or safety precau.
tiom or programs incident theme or that ENGINEER has
made an examination to "certain how or for what purposes
any Contractor hasused the moneys paid on account of the
Contract Price. or that title to an of the work. materials or
equipment a" passed to O W NER free and clear of any fien.
claims, security interests or encumbrances, or that thin Con:
tnctorts) 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 accorNnce with the Comnct
Documents and if each Contractor has (Walled all of his
obligations thereunddyer so that ENGINEER may recommendin wn,
wri tent notceeltoaOWNER andment to hthe Con[vor and ncsonsl thatthework is acceptable (subject to any conditions Ihereis ex-
pressed), but goy such recommendation and notice sbYl be
subject to the limitations expressed in poragreph 1.6.5.
1.6.7. ENGINEER shall not be responsible for the ace or
omissions of any Contractor, or subcontracmr. or any of the
COntnctons)' or subcontnaon- agenu or employe" orany
otherpersons
Ae .except ENGINEER's own employees and
tnctorts)' work however nothing conttainednn of the Con_
1.6.1 thru 1.6.-, inclusive• shag be Construed to re ear ENS
GINEER from', bility for failure In Perform properly duties
undertaken by ENGINEER in the Contract Documents.
SECTION ADDITIONAL SERVICES OF
ENGINEER
3.1. Nurmal and customaryen neering Services do rut in-
clude Services in respect of the following categories of work
which an usual )y referred to a Additional Services. If
OWNER wishes ENGINEER to perform any Additional Set•
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 support ofthe Project: and prepare.
ties or review of environmental studies and related ser-
vices.
—Services to make measured drawings of or to investigate
sxtattng conditions or facilities.
Services resulting from significant changes in the extent Of
arc due to causes
—Preparing documents for alternate bids requested byy
OWNER for work which is not executed or for outof•
Sequence work.
—Detailed consideration of operations, maintensnce and
overhead expenses: and the preparation of me UkmWes.
Page 2 of 5 _ pages
-earnings and expense statements, caa..,ow and economic
evaluations, ftasibBity 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 services
for the Project, or from the construction contract contain.
ing cost-plus, or incentve-savings provisions for Contrac.
tor's basic compensation, or from arranging for perfor.
mance by persons other than 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 our the work
of Contractor(s).
—Services in connection with change orders to reflect
changes requested by OWNER, evaluating substitutions
proposed by Contractors) after award, and services re-
sultms 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 prints baud on data furnished by Contractors).
—Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause
during construction, (2) a sisnificant amount of defective
or neglected work of Contractors), (3) prolongation of
contract time, (4) Comtractors)' overtime work. and (5)
maintenance manuals; exten-
in or startup; and training
ifter completion of the Construction Phase.
to serve or serving as a consultant or witness in
or administrative proceeding or public hearing.
Services normslty furnished by OWNER.
2.L If the parties agree, ENGINEER shall provide resident
Project representation under ENGINEER's supervision
which will be paid for by OWNER as indicated in Exhibit A
a"Further Description of Basic Engineering Services and Be.
led Matters" and which will be intended to assist ENGI-
NEER in observing performance ofContrs tor(sy work, but
will not involve ENGINEER in the construction means,
methods, techniques, sequences or procedures or safety pre.
cautions or programs ram provide to OWNER any guarantee
by ENGINEER of the accuracy, quality or timeliness of
Contractors)' performance.
SECTION 3—OWNER'S 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's behalf in respect
of all aspects of the Prc+ect; examine and respond promptly
to ENGINEER'S submissions; and give prompt written no-
tice to ENGINEER whenever he observes or otherwise be.
comes aware of soy defect in the work.
3.2. OWNER shall also do the following and pay all costs
incident thereto:
—Furnish to ENGINEER core borings, probinss and sub.
surface explorations, hydro phis surveys, laboratory
tests sod inspectionsof sane es, materials and equipment
and similar dam; appropriate professional interpretations
Of all of the foregoing; environmental assessment and im-
pact statements; property, boundary. easement, rishtof-
way, topographic and mility surveys; property, descripp
tioast zoning and deed restrictions; all of which ENGI-
NEER may rely upon in performing his services.
—Guarantee access to will make all provisions for ENGI-
NEER to enter upon public and private property.
—Provide such kpl, a.wunting, independent cost estimat.
ing and insurance counseling services as may be required
for the project, any auditing service required in respect of
Contractor(:)' applications for payment, and any inspec.
lion Services to determine if Conlractons) are performing
the work legally.
—Provide field control surveys and fix reference points and
base fines.
—Furnish approvals and permits from all governmental au.
thontics havingjurisdiction over the Project.
3.3. OWNER shall pay all costs incident to obtaining bids
or proposals from Contracror(s).
SECTION 4—MEANING OF TERMS
4.1. As used herein the term "this. Agreement" refers in
the Letter Agreement ro which these General Provisions arc
attached and to these General Provisions and Exhibit A "Fur-
ther Description of Basic Engineering Services and Related
Matters ', as if they were partofom 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 cos[ ofland, riahts-
tics Agreement so specifies, nor will it include OWNER's
legal, accounting, insurance counseling or auditing services,
or interest and financing charges incurred in connection with
the Project. When Construction Coat is used as a basis for
payment it will be based on one of the following sources with
precedence in the order listed for work designed or specified
4.2.1. For wmpleLd constnrction work the natal wst
of all work performed as designed or specified by ENGI-
NEER.
4.2.2. For work designed or specified but not con-
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.
4.2.3. 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 availabk. ENGINEER's most recent opinion of proba.
ble Construction Cost.
Labor famished 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': compensation on account of any penalty, liquidated
damages, or other amounts withheld from payments to Con.
tractors).
4.3. 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 ate:
4-L The Payroll Coats used as a basis for payment mean
salaries and wages (basic and inventive) paid to all personnel
engaged directly un the Project, including, has Out limited
Page 3 of 5_ pages
to. enginem, architects. survayors, a tiers. draftsmen.
specifkatioa writers, estimators, other ,hnical personnel.
st6aogeaphers. typists and clerks: pplIus the cost of customary
and statutory benefits including. bul not limited I. social
security contributions,unemployment, excise and payroll
taxes, workers comPensuton. health and retirement bene-
grs. sick keve, vacation and hn6d....v .nnli-61- .....,.
u.c. Hartman' PF.; -fC.'L:'T1Edale, P.E., A.L.
reCOUlr. - --
Tbe amount of customary and statuesry �benems of all other
personnel will be considered equal to tit wages. of salaries and
a.s_ Reimbursable Expenses mean the actual expenses in
and
taints; toll telephone cabs and telegrams: reproduction of
ports. Drawings. Specificatons, and similar Project-rels
items in addition to those required under See,mn i . —,
overtime work requiring higher than
smpenution for Buie Services is on
ibor Costs or Payroll Costs times a
Expenses shall include the amquni
by special consultants employed by
n as an authorized Additional Service
sch consultants services and Reim.
as a factor of /.O , and shall also
Id forcomputer time and other highly
including an appropriate charge for
Programs and expenses of photo.
refutes times a factor of l.Q_.
SECTION 5—MISCELLANEOUS
5.1. Reuse of Docameou.
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 arc not
intended or represented to be suitable for reuse by OWNER
or others on extensions of the Project Cron any other project.
Any reuse without written verification or adaptation by EN-
GINEER for the specs& purposes intended will be at
OWNER', sole risk and without liability or kpl exposure
to ENGINEER: and OWNER shall indemnity and hold harm-
less ENGINEER from all claims,- fees. damages. losses and ex.
href ole. Any nses gsuch rverificatonaor adage at oni, out of owill entitle
ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER.
5.2. Opioiom et Cost.
Since ENGINEER hu m control over the cost of labor.
materials. equipment or services furnished by others. or over
the Contractonsl' methods of determining prices. or over
competitive bidding or market conditions, his opinions of
probable Project Cos d Construction Cost provided for
herein are to be made rs_ the basis of his experience and
qualifications and represent his best judgment u an expert,
enced and qualified professional an ter familiar with the
construction industry: but ENGINEER cannot and does not
guarantee that proposals, bids or actual Project or Construe.
tion Cost will not very 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 Const ac.
lion 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
withm any limitation established by OWNER will be Count.
ered Additional Services and paid for as such by OWNER.
5.5. Late Payment.
If OWNER fails to make any payment due ENGINEER for
services and expenses within silly days after receg of EN.
GINEER', bill therefor, the amounts due ENGINEER shall
include a charge at the rate of I% ppeer month framaaid sixtieth
day, and in addition. ENGINEE'31 may, after giving xren
days written notice to OWNER. suspend servigivices n Seven
r This
for s Agreement orris( he has been paid -in full all amounts due him
for services and expenses.
$.a. Termination.
The obligation to provide further services under this Agree.
ment written notice in the eventterminated bof substaeither ntialyf1=0 by the wSeven het
party to perform in accordance with the terms beraofthmugh
no (suit of the terminating party. In the event of any tarmi-
nation. ENGINEER will be paid for all services tendered to
the date of termination. all Reimbursable Expenses aed set
mination expenses.
5.5. Suceeseers and Antilles.
5.5. 1. OWNER ind ENGINEER each binds himself and
his partners. su.-essors. executors, administrators, assigns
and legal represa-:atives to the other party of this Agreement
and to the Ptnncra. Successors. executors, administrators,
assigns. and le:,l representatives of such other party, in
respect to all covenants. agreements and obligations of thin
.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 or moneys
that are duel this .Agreement without the written consent of
the other. except as stated in paragraph 5.5.1 and except to
(he extent that the effect of this limitation may be restricted
by kw. 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 hem.
under.
5.5.5. Nothing herein shall be construed to give any rights
or benefits hereunder to anyone other than OWNER and
ENGINEER.
page 4 of 5 _ pages
S•6• Arbkmtba.
JAI.- ABchims,ccumaelaugheAmpmes aidother mte
m questioa between Nis panes IteMo arising thin ofor rclat•
ing to this Agreement or tM Oraacp 1Meof will oc decided
by arbkntbn le sccotdaxe witb the Construction Indwtry
tMnaoWuning, 1. mm,
b limiauon a,on hesttgaons
so,.ad I nn[e ,e .3.6 3 � �'6'a flow. This ag: a<mem
be
any
din this para-
the prevailing
5.6.2. Notice of demand for arbitration must be flied in
writing with the other parties 10 this A tcenent and withand must the
tilbe
m e within aeasonableme&her the claim.ispute or
other matter in question has arisen. In no event may the
demand for arbitration be made after institution of legal or
equitable proceedings bud on such claim, dispute or other
matter in queston would be barred by the applicable statute
of limitations.
5.6.0. AU demands for arbitration and all answering sta[eaflts hincludeereto which reecon.
lain that e total ovalue in oneovcsv-
as alleged by the party making such demand or answeringstatement is not more than S200.000 exclusive of interest
and costs(. The arbitrators will not have jurisdiction, power
or ■uthon[y to cc if. or make findings Ieaeep[ le disgust
dispute own juriadicramconcerninganyclaim.counteelatm,
dispute or other matter in question where tM amount m
contoveey thereof Is ,note than S20n
crest and eosin or to render a monetu� (exclusive gp000f ir.-
:hereto against any party which orals more o n SZO0.0pp
rd
Iexclusi ve of interest and costs(.
6. 64. No arbitration arising Out of. or relating to. this
A6reemem may include. by consolidationjoinder or in any
other
Agree menrer. any person or entity who Isnot a party to this
5.6.5. By wnnen consent signed by all the parties to this
Agreement and c,ntammg a speaflc reference hereto the
the
limienons and restrictons contained m paragraphs 6.6.2
6.6.a may be waived in whole or in part as [o any claim.
counterclaim. dispute or other matter specifically described
in such consent. No consent to arbitration in rcspee[ of a
specifically described claim, counterclaim, dispute or other
muter in question will constitute consent to arbitrage any
other claim, counterclaim, dispute "Other malterm question
which is not specifically described in such consent Orin which
the sum or value in controversy exceeds SZ00.000 (excluive
of interest and costs[ or whkh is with any party not sl ifi-
cally described therein.
5.6.6. The award rendered by the arbitragers -di be Mal.
not subject to appeal and judgment may be entered upon it
in any court havingjurisdiction thereof.
(The remainder of this page was
left blank intentionally.)
Page 5 of 5 pig
ATTACHMENT 2
CITY OF EDGEWATER
TURGOT AVENUE IMPROVEMENTS
COMPENSATION SUMMARY
Drainage and paving improvements
I. Design phase services $ 4,500.00
2. Permitting 600.00
3. Geotechnical services(subconsultants) 600.00
4. Construction phase services 1,600.00
Subtotal $ 7,300.00
Direct Cost Reimbursables 800.00
TOTAL PROJECT FEE ESTIMATE $ 8,100,00
89-113.01
3uly Prop 89/cn