85-R-39e
RESOLUTION NO. 85-R-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE
CITY OF EDGEWATER TO EXECUTE AN AGREEMENT AND AMENDMENT
1 TO SAID AGREEMENT FOR CONSULTING ENGINEERING SERVICES
WITH DYER, RIDDLE, MILLS & PRECOURT, INC. AND MARSHALL
ENGINEERS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING 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 Edgewater, Florida, authorizes
the appropriate officials of the City of Edgewater, Florida, to execute an Agreement
and Amendment 1 to said Agreement for Consulting Engineering Services with DYER,
RIDDLE, MILLS & PRECOURT, INC., and MARSHALL ENGINEERS.
SECTION 2. A copy ofn said Agreement dated 1� zt6 3, JJU& and Amendment
1 to the Agreement dated r/rB.,9PS are attached to this Resolution and by refer-
ence incorporated herein as if fully set forth. Said Amendment 1 includes Exhibit "A",
Scope of Services; Exhibit 'B", Expected Construction Cost Summary; and Exhibit "C",
Compensation.
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be and the same are hereby repealed.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 immediately upon its adoption
by the City Council of the City ofEdgewater, Florida, at a 4f meeting of said
Council held on the &A day of D4 MAX , 1985, and approved
'a'sspprovided by law.
This Resolution was introduced and sponsored by
and was readand passed by a vote of the City Council of the City of Edgewater, Florida,
s
at a meeting of said Council held on the 3 day of, 1985,
and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
Mayor
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fir' tii �.
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Con6cilman e ne
Cou cilman- one Two
14
Councilman- o re L
ncilman-Zone our
AMENDMENT NO. 1
DATED a -3 .1985
This AMENDMENT made and entered Into this j" day of 1985, amends
the consulting engineering AGREEMENT for professional services between the CITY
COUNCIL OF THE CITY OF EDGEWATER (hereinafter referred to as "CITY"),
and MARSHALL, ENGINEERS, and DYER, RIDDLE, MILLS 8r PRECOURT, INC.
(hereinafter referred to as "CONSULTING ENGINEERS"), dated 10 /3, 1985.
Provisions delinated in the zo/3 , 1985 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 system and various continuing services for the CITY's
wastewater, and other needs as they may arise. The services provided in this
AMENDMENT include, but are not limited to providing the study, preliminary design,
and permit submittals, analysis, and recommendations for the CITY's immediate
water system facility needs and delineation of how the recommended improvements
can be effectively integrated in a long-term facilities program.
As directed by the designated CITY representative to the CONSULTING
ENGINEERS, confirmed by the CITY's work order, the scope of services as delineated
in Exhibit "A", the expected project cost as delineated in Exhibit "B", and the
professional engineering compensation as delineated in Exhibit "C" are made part
of this AMENDMENT.
1 of
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this AMENDMENT NO. 1 upon the terms and conditions stated in the AGREEMENT
dated Id 1985:
Witnesses
Witnesses
Witnesses
L<pg
GCH/cb
DYER, RIDDLE, MILLS & PRECOURT, INC.
Bjz� L-
Vice President
MARSHALL, ENGINEERS
CITY OF EDGEWATER, FLORIDA
City Authorizationk
City
2 of
EXHIBIT •A"
SCOPE OF SERVICES // --
AMENDMENT NO. I DATED .1985
1. Water System
A. Continuing Water Services
(1) Update water distribution system maps
(a) Obtain I"=400' reproducible maps from Volusta County Mapping
Office
(b) Collect available Information including existing maps,
field -revised maps, recent construction plans and as-builts
(c) Transfer information to 1"=400' reproducibles
(d) Does not include field verification
(2) Prepare FDER certification of recent water main Installations
in Florida Shores
(a) Using base maps prepared in (1) above, document construction
that has occurred since last certification
(b) Prepare application and transmit to FDER with other required
information (bacteriological tests)
(3) Update existing subdivision specifications relative to required
materials and methods of construction
(4) Prepare water system improvement plan
(a) Document proposed immediate (short-term improvements)
(b) Assimilate growth projections of CPH report with
disaggregation of demand areas
(c) Document short-term improvements (5-10 years) based on
growth projections and life of short-term improvements
(d) Document long-term (10-20 years) improvements
AMENDMENT NO. 1 A-1
(5)
Hydraulic analysis of distribution system
(a)
Using base maps from (1) above, identify nodes and pipe lengths,
storage capacities, pump curves, etc., for input to computer
(b)
Obtain results
(c)
Analyze results to determine existing areas of stress and
to predict immediate future stress points
(d)
Computer run with modified input to predict system response
to Immediate improvements at water plant
(e)
Computer run with modified input to predict system response
to future relocation of treatment facilities and conversion
of existing facilities to repump station
(6)
Analysis of Florida Shores distribution system for fire flow adequacy
(a)
Supervise flow tests of existing hydrants with City crews.
(b)
Utilizing hydraulic analysis in (5) above, analyze adequacy
of existing system to handle accepted fire flow requirements
(c)
Recommend improvements (if needed) to existing trunk lines
and hydrant placements
(d)
Recommend location of trunk lines for future system expansion
and hydrant placements
B. Water Supply Improvements '
( 1)
CUP modification
(a)
Determine new well sites
(b)
Perform hydrogeologic modeling for technical support of
CUP modification (with report)
(c)
Complete CUP application to St. Johns River Water
Management District
(d)
Meetings with St. Johns River Water Management District
regarding additional water supply yields
(2)
Increasing existing well field yield
(a)
Investigate alternatives to Increase existing well capacity
(b)
Consider saltwater encroachment and upconing possibilities
AMENDMENT NO. 1 A-2
(c) Investigate dual zone withdrawals, including shallow wells
near existing deep wells
(e) Discuss well yield options and costs with contractors
(f) Provide summary letter to City of Edgewater discussing
increasing well yield possibilities
(g) Procure contractor to increase well yield
(3) Preliminary design of additional water supply wells
(4) Preliminary layout of appurtenances to water supply wells and
schematic layout of piping systems
C. Immediate Improvements to Existing Water Treatment Plant and Storage
Facilities
(1) Confirm water blending analyses and determine level of service
degradation with various percentages
(2) Discuss water treatment plant options with PDER
(3) Perform preliminary design services for the provision of a combined
chlorine residual, to provide, an Accellapak (trademark) type of
package lime softening system with filtration, preliminary design
of chemical feed improvements, preliminary design documentation
of existing yard piping and necessary improvements thereto,
preliminary design of high -service pumping improvements to existing
facilities, preliminary design of building improvements to
accommodate and provide access to recommended equipment,
evaluation of transfer pumping, evaluation of reservoir hydraulics,
preliminary design of reservoir facilities, preliminary design of
sludge drying pits, preliminary design of water treatment plant
hydraulics with improvements and blending, preliminary design
of auxiliary power and instrumentation, and discussion of operations
and flexibility for future pumping station reversion. Provision
of detailed preliminary design project cost estimate and schedule
for required facilities. Discussion of flow metering. Discussion
of operations during implementation of improvements.
Discussion with vendors and design flexibility for alternate vendor
packages. Receipt of vendor quotations for equipment. Provision
of soils testing and survey on properties to the west of and adjacent
to the water treatment plant site; some 200 feet to the west of
the existing site. Soil borings will be taken for water bearing
structures at the proposed Accelopak location and the ground storage
reservoir, both 25 and 35 foot borings at both locations and structural
borings for the building improvements. Summary of the survey
and boring information will be provided in the design memorandum.
AMENDMENT NO. 1 A-3
D. Connection Fee and Installation Charge Study, and Future Financial
Plan
(I) Perform for the water system, a connection fee and installation
charge study complete with recommendations for City Ordinance.
(2) Financial plan for future improvements to be initiated concurrently
with updating of water system Improvement plan.
II. Wastewater System
Continuing professional engineering services as directed and authorized by the
designated CITY representative to the CONSULTING ENGINEERS confirmed by
CITY work order.
III. Miscellaneous Professional Engineering Services
Continuing professional engineering services as directed and authorized by the
designated CITY representative to the CONSULTING ENGINEERS confirmed by
CITY work order.
AMENDMENT NO. I - A-4
EXIBIT "B"
EXPECTED CONSTRUCTION COST SUMMARY
AMENDMENT NO. 1 DATED o 3 , 1985
1. Water System
A. Continuing Water Services
(1) Water Atlas - not applicable
(2) Certification and as-builts - not applicable
(3) Fire service adequacy analysis - not applicable
(4) System -wide hydraulic analysis - not applicable
(5) Water system improvement plan - not applicable
(6) Update subdivision specifications regarding utilities - not applicable
B. Upgrade Existing Water Supply
(1) CUP activities - not applicable
(2) Increasing well field yield - potentially $5,000.00 to $10,000.00
per well
(3) New wells design - dependant on preliminary design of wells and
appurtenances - potentially $100,000.00 .
(4) Interconnecting piping - dependant on well locations - no estimate
C. Upgrade Existing Plant and Provide Storage - Preliminary estimate without
preliminary design activities - $850,000.00
D. Financial Studies - not applicable
11. Wastewater System - not applicable
111. Miscellaneous Professional Engineering Services - not applicable
AMENDMENT NO. 1 B-1
EXHIBIT "Co
AMENDMENT NO. 1 DATED .1985
The compensation by the CITY to the CONSULTING ENGINEERS shall be on a
multiplier basis with the following up -set limits. A 1.95 multiplier to payroll costs
will be used for the labor related costs and other direct costs (expenses) shall be
Invoiced at cost. This compensation exhibit relates specifically to Exhibit "A" and
Exhibit'B" of AMENDMENT NO. 1, dated 2v /3 , 1985.
1. Water System �—�—
A. Continuing Water Services
(1) Update water maps - $7,000.00
(2) FDER certification, Florida Shores water main Improvements -
$I,000.00
(3) Update subdivision specifications - $1,000.00
(4) Water system improvements plan - $7,500.00 (Update)
(5) Hydraulic analysis - $8,500.00
(6) Florida Shores fire flow analysis - $3,000.00
B. Water Supply Improvements
(1) CUP permit modification and required technical submittal
information - $6,300.00
(2) Increasing existing well yield analyses and professional engineering
services - $4,900.00
(3) Preliminary design of additional water supply wells - $3,200.00
C. Improvements to water treatment plant and storage
(1) Consulting engineering services relative to preliminary design
activities - $14,700.00 - Excludes final design, permitting and
construction activities
(2) Allocation for soils and survey consulting services not included
in (1) above - $5,000.00
AMENDMENT NO. 1 C-1
D. Connection and Impact Fee Study, and Financial Plan
(I) Connection fee and installation charge study - $5,000.00
(2) Financial plan for future improvements - not estimated at this
time
II. Wastewater System - cost to be invoiced on a payroll cost times 1.95 multiplier
as services are requested
Ill. Miscellaneous Professional Engineering Services - cost to be invoiced on a
payroll cost times 1.95 multiplier as services are requested
AMENDMENT NO. 1 C-2
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT made and entered into this day of 1985,
by and between the City Council of CITY OF EDGEWATER, Florida (hereinafter referred
to as "CITY"), and DYER, RIDDLE, MILLS 6 PRECOURT, INC., and MARSHALL ENGINEERS,
both Florida corporations (hereinafter referred to as "CONSULTING ENGINEERS").
WHEREAS, the CITY desires to engage consulting engineers to provide
consulting engineer services; and
WHEREAS, the CITY has followed the selection and negotiation process set
forth in the Florida Consultants' Competitive Negotiation Act, S287.055, Florida
Statutes (1975); and
WHEREAS, the CITY wishes to obtain the professional services of the
CONSULTING ENGINEERS to provide consulting engineer services as may be
authorized by the CITY from time to time;
NOW, THEREFORE, for and in consideration of the premises, the mutual
covenants hereinafter recited, and for other good, valuable and sufficient
consideration, the receipt of which is hereby acknowledged, the parties hereto
agree as follows:
1. CONSULTING SERVICES:
The CONSULTING ENGINEERS agree to provide continuing consulting, review,
design, and advisory services relative to the operation and improvement of the
CITY's water and wastewater system.
2. STUDY AND REPORT SERVICES:
The CONSULTING ENGINEERS agree to conduct engineering investigations
and studies and to prepare engineering reports and cost eatimates pertaining
to specific assignments as may be authorized by the CITY from time to time.
3. PROJECT DESIGN SERVICES:
As may be authorized by the CITY from time to time:
(a) The CONSULTING ENGINEERS agree to prepare a Design Report for any
specific project. The Design Report shall set forth the design bases, criteria,
assumptions, schematics, materials and equipment evaluation and preliminary
selection with capacities, descriptions, catalogue cut sheets and such other
material as may be appropriate to thoroughly describe the intended design.
One (1) copy of the Design Report shall be submitted to the CITY's representative.
The CONSULTING ENGINEERS agree not to proceed with detailed design until such
time as the CITY shall approve the Design Report.
(b) The CONSULTING ENGINEERS agree to prepare the detailed design for
any project for which the design report has been approved by the CITY's rep-
resentative. The detailed design shall include detailed construction drawings,
specifications and contract documents suitable for inviting construction bids
for such projects as may be authorized by the CITY. The work shall include the
preparation of an estimate of probable cost of construction based upon com-
pleted construction plans. Six (6) complete seta of drawings, specifications
and contract documents and one (1) set of reproducible drawings on erasable
mylar film shall be submitted to the CITY by the CONSULTING ENGINEERS for
each project.
(c) The CONSULTING ENGINEERS shall confer as required with officials
of State, Federal and local agencies having jurisdiction during the preparation
of the drawings and specifications and shall assist the CITY in obtaining
approval of the same and in obtaining required permits from and AGREEMENTS
with such agencies.
(d) The services to be furnished under this paragraph do not include
property, boundary and right-of-way surveys or the making of borings or soil
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bearing tests, such surveys or tests may be provided as supplementary and
special services pursuant to Paragraph 6.
4. GENERAL SERVICES DURING CONSTRUCTION:
As may be authorized by the CITY from time to time:
(a) The CONSULTING ENGINEERS agree to furnish general engineering
services during construction of projects for which drawings, specifications
and contract documents have been previously prepared by the CONSULTING ENGINEERS
or accepted by the CONSULTING ENGINEERS and the CITY as being suitable for use.
The services shall include, but not be limited to, advice and assistance to the
CITY in the receipt and analysis of bids and the award of construction contracts,
advice during construction, preparation of such sketches as are needed to resolve
actual field conditions, review of shop drawings and working drawings submitted
by the contractors, periodic observations of work in progress, review of coat
estimates for payments to the contractors during the progress of and upon
completion of the contracts, and observation of the final testing and final
inspection of the completed works.
(b) The CONSULTING ENGINEERS agree to prepare and submit monthly progress
reports covering the general progress of the work and describing problems of
factors contributing to delay.
5. RESIDENT ENGINEER OR INSPECTOR SERVICES:
As may be authorized by the CITY from time to time:
(a) The CONSULTING ENGINEERS agree to furnish, and be responsible for, a
full-time chief resident engineer or inspector and full-time construction in-
spectors for inspection of construction and assistants (including other field
staff, related office management and clerical staff) as may be needed, all of
whom shall be under the general direction and instruction of the CONSULTING
ENGINEERS. Resident Engineer or Inspector duties shall be in accordance with
No. 1910-1-A National Society of Professional Engineers -Contract Documents
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(1981 edition) or latest revision.
(b) The CONSULTING ENGINEERS agree to prepare and submit daily reports
of the field staff describing the general working conditions, areas of con-
struction activity, all tests performed and special and unusual events.
(c) The CONSULTING ENGINEERS agree to arrange for and accompany Federal
and State officials in partial payment and final payment inspections of the
construction as may be required.
6. SUPPLEMENTARY AND SPECIAL SERVICES:
The CONSULTING ENGINEERS agree to furnish any one or more of the following
supplementary and special services as may be authorized by the CITY from time
to time:
(a) To make, or at the option of the CONSULTING ENGINEERS, to have made
by others, with prior approval by the CITY, under direction of the CONSULTING
ENGINEERS, necessary field surveys (including easement plans and descriptions)
not otherwise provided by the CITY, traffic surveys, subsurface explorations
including the analysis thereof required for construction plans, laboratory
testing and inspection of samples or materials, and other special studies
and consultations.
(b) To prepare necessary State and Federal grant application forms; to
provide additional engineering services, special plans and descriptions, as
may be required to assist the CITY in obtaining various permits and approvals
for construction and operation; and to prepare for and attend public meetings
and hearings as may be required by the CITY.
(c) To furnish extra copies of drawings, specifications, contract
documents, special drawings, reports and similar documents.
(d) To review materials and equipment submittals tendered by bidders and
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contractors when such submittals are alternatives to those specified or
previously approved.
(e) To review and report on claims for extra compensation or time
extensions submitted by contractors.
(f) When requested by the CITY, to prepare and submit proposed contract
change orders.
(g) To prepare a set of reproducible record drawings on erasable mylar
film of the completed work based upon marked —up prints, drawings and other data
furnished by the contractor to the CONSULTING ENGINEERS showing those changes
made during the construction process and which the CONSULTING ENGINEERS consider
significant.
(h) To revise previously approved studies, reports, design documents,
drawings and specifications.
(i) To prepare detailed renderings, exhibits or scale models or projects.
(j) To furnish such services as advice and assistance in the organization
of an operation and maintenance staff, in the delegation of routine operating
duties, in the organization of sampling and analyses, in the operating and
testing of equipment, in the preparation of operating and laboratory report
forms, in the adjustment of treatment processes for more efficient performance
and to assist in the operation of the facilities.
(k) To prepare operation and maintenance manuals for the use of CITY
personnel for projects.
(1) To conduct investigations and prepare reports pertaining to
operations, maintenance and overhead expenses; to prepare rate schedules,
earnings and expense statements, feasibility studies, appraisals and valuations;
to prepare detailed quantity surveys of material and labor; and to prepare
material audits or inventories required for certification of force account
construction performed by the CITY.
MM
(m) To perform additional services resulting from projects involving
more than one general construction contract, separate construction contracts
for different building trades, or separate equipment contracts.
(n) To perform additional services in connection with the rejection and
rebidding of construction projects.
(o) To inspect a project prior to the expiration of the guarantee period
and to report observed discrepancies under guarantees provided by the construction
contract.
(p) To perform additional services during construction made necessary by
work damaged by fire or other cause during construction; prolongation of the
construction contract time by more than twenty-five percent (25%); acceleration
of the work schedule involving services beyond normal working hours; or contract
default due to delinquency or insolvency.
(q) To serve as an expert witness for the CITY in any litigation or
arbitration and to assist the CITY in preparing for litigation or arbitration.
7. COVENANTS BY THE CITY:
The CITY hereby covenants and agrees:
(a) To pay such fees as are due and payable to the CONSULTING ENGINEERS
according to the schedule set forth in this AGREEMENT for services authorized
and performed.
(b) To withhold the amounts of liquidated damages and extra engineering
costa from moneys due contractors in accordance with the recommendations of the
CONSULTING ENGINEERS.
(c) To appoint the City Administrator and any other City personnel
by her designation as representative with respect to particular work to be
performed under this AGREEMENT. Said representative shall have authority,
subject to approval by CITY, to transmit instructions, receive information,
and interpret and define the CITY's policy and decisions pertinent to the
wdrk covered by the AGRL. ..ENT.
(d) To make available to the CONSULTING ENGINEERS all existing records,
reports, maps, plans, aerial photographs or other data which may be required
for work under this AGREEMENT, and to provide full information as to the CITY's
requirements for any work authorized hereunder.
(e) To give written notice within 72 hours to the CONSULTING ENGINEERS
whenever the CITY observes or otherwise becomes aware of any defect in a project.
(f) To give careful and reasoned consideration to the findings and
recommendations of the CONSULTING ENGINEERS and to respond in a timely manner
so as not to unduly delay the work.
8. AUTHORIZATION OF WORK:
All work to be performed by the CONSULTING ENGINEERS under this
AGREEMENT shall first be authorized by the CITY pursuant to the following
procedures:
(a) For various engineering services relative to the water and wastewater
systems with fees not to exceed the CITY's approved budget for each fiscal year
as directed by the CITY's representative.
(b) For various engineering services relative to other City facilities or
systems with fees not to exceed the CITY 'a approved budget for each fiscal year
as directed by the CITY's representative.
(c) The CITY at its discretion may authorize work under this AGREEMENT
where the total cost of engineering services is not expected to exceed $5,000.00.
Such authorization shall be confirmed in writing within 3 working days.
vro
(d) For work expected to coat mo a than $5,000.00, prior authorization
shall be received from the CITY and transmitted to the CONSULTING ENGINEERS
through the CITY's representative appointed in accordance with Paragraph 7(c)
above. Authorizations approved by the CITY shall contain a description of the
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work to be undertaken, reference to the appropriate paragraphs of the
AGREEMENT for performance of the work and reference to the appropriate
paragraphs of this AGREEMENT for payment of the work. The authorization
shall also contain a budget amount of the fee to be paid based upon the
applicable method for calculating the fee, and such budget amount shall not
be exceeded without prior written approval by the CITY. In the event the CITY
does not approve a revised budget and additional funding, and the need for such
action is not shown to be the fault of the CONSULTING ENGINEERS, then the
authorization shall be terminated and the CONSULTING ENGINEERS shall be
paid in full for all work performed to that point. The form and format of
the budget shall be in sufficient detail so as to identify the various elements
of cost and shall be subject to approval of the CITY.
(a) The authorization may contain additional instructions or provisions
specific to the authorized work for the purpose of expanding upon certain aspects
of this AGREEMENT pertinent to the work to be undertaken. Such supplemental
instructions or provisions shall not be construed as a modification of this
AGREEMENT. -
9. PAYMENT FOR SERVICES:
The CITY agrees to pay the CONSULTING ENGINEERS for all services
authorized and performed in accordance with the following schedule, subject
to the budget set out in each authorization of work:
(a) For the engineering consultations, review and advisory services
as described in Paragraph 1, the engineering investigations, studies and reports
as described in Paragraph 2, the resident inspection of construction services
described in Paragraph 5, and the supplementary and special services described
in Paragraph 6, the fee shall be either a lump sum fee mutually agreed to in
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writing at the time the authorization is authorized, or be the sum if the
following (referred to as cost plus fixed fee method of compensation):
(1) Direct salaries paid to all personnel of the CONSULTING
ENGINEERS for time engaged directly on the project including without limitation
engineers, architects, surveymen, designers, draftsmen, specification writers,
estimators, other technical personnel, stenographers, typists and clerks at
rates provided annually.
(2) Indirect salary costs which are the costs of customary and
statutory fringe benefits including, but not limited to, social security
contributions, unemployment, excise and payroll taxes, workmen's compensation,
health and retirement benefits, sick leave, vacation and holiday pay, and
incentive pay. Indirect salary costa shall be calculated as a percentage
of the direct salaries charged to the project pursuant to Paragraph 9 (a)(1)
above. This rate shall be adjusted as of September 30th of each year. Current
provisional fringe benefit rate is 0.36 (361).
(3) Overhead cost calculated as a percent of the direct salary
cost chargeable to the -project pursuant to Paragraphs 9 (a)(1) and (2) above.
Current provisional overhead rate is 0.99 (99%) and shall be reviewed September
30th of each year.
(4) Other direct charges including:
a)) Out-of-pocket travel and subsistence expenses when authorized
by the CITY. Travel when authorized shall be at the mileage rate currently in
effect for CITY Personnel.
b)) The costs of printing reports.
c)) Long-distance telephone toll charges plus taxes thereon
when necessary in connection with the work.
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d)) The actual costs of services performed by persons
or entities not related to by common ownership or associated with CONSULTING
ENGINEERS and authorized by the CITY.
e)) An agreed upon charge for specifically authorized use
of CONSULTING ENGINEERS' special computer programs.
f)) The actual costs of outside computer services at the
invoiced cost to the CONSULTING ENGINEERS.
(5) An allowance for profit of 0.12 (12%) of the total labor rated
costs
(6) Current total payroll multiplier of 1.95.
(7) For all multiplier type projects an estimate of hours and a
maximum dollar amount shall be provided in writing if expected to exceed
100 hours.
(b) For the detailed construction drawings, specifications, contract
documents and all work described in Paragraph 3, and for the general services
during construction described in Paragraph 4, a lump sum fee to be mutually
agreeable at the time when the authorization is considered.
(c) The method(s) of payment under 9(a) and 9(b) are not binding and
the CITY may, on any project, use an alternative method such as is mutually
agreed in writing, such as an interim cap which requires CITY approval before
it is exceeded, or a fixed cost submitted in advance with details as may be
required by the CITY.
(d) All fees shall be invoiced monthly and are due and payable monthly.
No payment shall be made for fees for any services where the fees exceed the
budget amount made a part of the authorization of work unless the procedures
set forth in Paragraph 8 hereof for approval of such excess fees are satisfied.
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(a) Nothing in this AGREEMENT shall be construed to obligate the
CONSULTING ENGINEERS to appear in litigation or hearings in behalf of the
CITY or prepare for such appearance except in consideration of compensation
for special services as set forth in Paragraph 6 and 9 (a) hereof, except work
performed by CONSULTING ENGINEERS under this AGREEMENT.
(f) If, during or after the completion of the drawings, specifications
and contract documents described in Paragraph 3, and in accordance with the
directions of the CITY it becomes advisable to review or revise the drawings,
specifications or contract documents for reasons beyond the control of the
CONSULTING ENGINEERS such as, but not limited to, changes in Federal or State
law, rules, regulations or other requirements or lapses in time between com-
pletion of design and bidding, payment for such review, revision or revisions
shall be made to the CONSULTING ENGINEERS according to such method or methods
of calculating the fee as may be mutually agreed upon in advance in writing.
Changes or revisions shall be made only upon written authorization of the
CITY directing such changes, reviews or revisions to be made by the CONSULTING
ENGINEERS. Work in conjunction with such changes or revisions shall be paid
for at a mutually agreed upon lump sum or at the rates of payment for special
services under Subparagraph 9(a).
10. PROHIBITION AGAINST CONTINUING FEES:
The CONSULTING ENGINEERS warrant that it has not employed or retained
any company or person, other than a bona fide employee working solely for the
CONSULTING ENGINEERS, to solicit or secure this AGREEMENT and that it has not
paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the firm, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from
the award or making of this AGREEMENT.
11. LIFE AND LIMITATIONS OF AGREEMENT:
(a) This AGREEMENT shall remain in full force and effect until terminated
by either party, except that as to work authorized under this AGREEMENT prior to
notice of termination, this AGREEMENT shall continue in full force and effect until
all of the work authorized under this AGREEMENT is satisfactorily completed and/or
termination payments made therefor to the CONSULTING ENGINEERS.
(b) It is mutually agreed that the CONSULTING ENGINEERS shall not be
responsible for the enforcement of local, State and Federal laws governing
construction, including safety and health regulations, this being a responsibility
of the construction contractors in their AGREEMENTS with the CITY.
(c) It is agreed that the CONSULTING ENGINEERS shall not be required to
enter upon any facility or property which the CONSULTING ENGINEERS believe to be
hazardous, dangerous or unsafe.
(d) It is agreed that reproducible copies of all reports, tests, specifications
and mylar record drawings will be the property of the CITY and shall be delivered
to them at the completion of a project.
(a) It is agreed that any equipment, materials or supplies for which the
CITY pays a direct charge pursuant to Paragraph 9(a)(1) of this AGREEMENT shall
become the property of the CITY upon completion of the project for which the
particular item was specifically purchased, or in the event the item is to be
used on more than one project the completion of the CONSULTING ENGINEERS, use of
such item, but in either event not later than termination of this AGREEMENT.
12. TERMINATION•
This AGREEMENT may be terminated by either party upon thirty (30) days
written notice to the other party. If terminated the CONSULTING ENGINEERS shall
complete and be paid in accordance with Paragraph 9 herein for all work previously
completed by this AGREEMENT.
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13. MISCELLANEOUS PROVISIONS:
(a) The CONSULTING ENGINEERS shall secure and maintain such insurance
as will protect it from claims under the Workmen's Compensation Acts and from
claims for bodily injury, death or property damage which may arise from the
performance of its services under this AGREEMENT. The CONSULTING ENGINEERS
also agrees to carry Professional Liability Insurance and to provide a certificate
regarding the same to CITY.
(b) The CONSULTING ENGINEERS agrees that it will not represent any
individual, firm, or corporation on any projects within the CITY OF EDGEWATER,
or before the City Council.
(c) The CONSULTING ENGINEERS shall be responsible for the accuracy of
all engineering services rendered to the CITY by the CONSULTING ENGINEERS and
its employees. This will include, but not be limited to, all opinions, notes,
plane, specifications and supporting data relating to any project. In this
connection, CONSULTING ENGINEERS is entitled to rely on data furnished by the
CITY or other professionals. CONSULTING ENGINEERS agrees to indemnify and hold
harmless the CITY from any lose of liability arising out of errors or omissions
in any plans and data submitted to the CITY pursuant to this AGREEMENT which is
the work product of Consulting Firm irrespective of City approval of the same.
(d) In addition to the above indemnification (paragraph c above),
the CONSULTING ENGINEERS shall correct, at its expense, all errors of omission
or commission therein which may be disclosed during the review of a project.
Correction of engineering errors disclosed during any project shall be made
by the CONSULTING ENGINEERS. Should it fail to make such correction in a
timely manner, such correction shall be made by the CITY, and the cost thereof
shall be charged to the CONSULTING ENGINEERS.
=99M
(e) It is agreed that Mr. Gerald C. Hartman, P.E. and Mr. Frank
E. Marshall, III, P.E. will be the principal representatives for the
CONSULTING ENGINEERS on all projects effected by this AGREEMENT. If
desired by either the CITY or the CONSULTING ENGINEERS, this provision
may be changed by agreement of both parties, however, replacement of either
principal representative will be by a Registered Professional Engineer, subject
to approval by the CITY.
WHEREFORE, the parties have executed the AGREEMENT this day and
date first written above.
Witnesses
Witnesses
I I •.'j dw 1QP
Witnesses
DYER, RIDDLE, MILLS 6 PRECOURT, INC.
B
Vi PrVsident
MARSHALL ENGINEERS
CITY OF EDGEWATER, FLORIDA
B
City [horizati n
City
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