84-R-20RESOLUTION NO. 84-R-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA,
TO EXECUTE AN AGREEMENT FOR CONSULTING ENGINEERING
SERVICES WITH CONKLIN, PORTER AND HOLMES ENGINEERS,
INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HERE-
WITH, 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 Edgewater, Florida,
authorizes the appropriate officials of the City of Edgewater, Florida,
to execute an agreement for consulting engineering services with
Conklin, Porter, and Holmes Engineers, Inc.
SECTION 2: A copy of said agreement is attached to this Resolution
and by reference incorporated herein as if fully set forth.
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herewith be and the same are hereby repealed.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 of Edgewater, Florida,
"
at a meeting of said Council held on the -ay of
19B4, and approved as provided by law.
This Resolution was introduced and sponsored
and was read and passed by a vote of the City
Council of the City of Edgewater, Florida, at ameeting
of said Council held on the day of 'fN�jO U 1984, and approved
as provided by law.
ROLL CALL VOTE AS
C U
CI
�MA.�N--
ZONE
THREE
COUNCILMAN
41
ZONEFOUR
legality and form:
84-R-20
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AGREEMENT FOR CONSULTING ENGINEERING SERVICES
THIS CONTRACT, made and entered into this 46Itit,day of May,
1984, by and between the CITY OF EDGEWATER, a municipal corporation of
the State of Florida, hereinafter referred to as "CITY", and CONKLIN, PORTER
and HOLMES ENGINEERS, INC., Sanford, Florida, hereinafter referred to as
"CONSULTING FIRM", witnesseth:
WHEREAS, City from time to time may require the services of
a consultant in order to adequately protect the interests. of City and the citizens
thereof; and
WHEREAS, the partners and associates of the Consulting Firm are
able and learned and well qualified to advise and assist City; and
WHEREAS, Consulting Firm is ready, willing and able to act as
consultant to City; and
WHEREAS, Consulting Firm was selected after due public announce-
ment through advertisements and public meetings; and
WHEREAS, Consulting Firm is qualified pursuant to law to render
the required services and certifies they possess the capabilities and experience
necessary; and
WHEREAS, this agreement was arrived at after competitive and
open negotiations; and
WHEREAS, Consulting Firm warrants that it has not employed or
retained any companies or persons to solicit or secure this agreement and that
it has not paid or agreed to pay any person, company, corporation, individual,
or firm any fees, commissions, percentage, gift or any other consideration con-
tingent upon or resulting from the award or making of this agreement; and
WHEREAS, City has competitively selected as consultants the firm
of Conklin, Porter and Holmes Engineers, Inc., and City and Consulting Firm
have negotiated this contract for services consisting of consulting engineering
services as further described herein, and
WHEREAS, City reserves the right to secure the services of any
other consulting firm or individual or an in-house City Engineer during the duration
of this agreement.
c
WITNESSETH:
That in consideration of the premises and the benefits which will
accrue to the parties hereto in carrying out the terms and conditions of this
agreement, it is mutually understood and agreed as follows:
1. Services.
Consulting Firm agrees to furnish the services of its partners,
associates and staff, to the best of their ability in such manner as to serve the
best interests of City, and on an as needed basis when requested in writing by
the City as follows:
a) Provide assistance in preparing, extending and maintaining
permits and other related matters for operation of water
supply, treatment and distribution and of waste collection,
treatment, and effluent disposal systems with regulatory
agencies and other pertinent parties including, but not
limited to, Volusia County, the State of Florida Depart-
ment of Environmental Regulation, the U. S. Environ-
mental Protectidn.Agency and the St. Johns Water
Management District.
b) Provide assistance, counsel and engineering services in
connection with the operation and maintenance, renewal
and replacement, and minor construction improvements to
the water and sewer utilities, street and drainage systems,
recreational facilities and other public works facilities or
buildings of the City.
c) Represent the City in negotiations or discussions with others
and provide liaison and coordination with other municipalities,
the county and others.
d) Perform other miscellaneous services as they shall designate,
including, but not limited to, review of development plans
and documents submitted to the City, providing assistance
with ordinances, etc.
e) At no charge whatsoever, Consulting Firm shall assist the
City by regularly advising them of Federal and other grant
and loan programs that might have potential benefit in
connection with the City's water and sewer utilities,
street and drainage systems, buildings and recreational
facilities.
The above services are to be provided in connection with the water and sewerage
systems, street and drainage systems, recreational facilities and other buildings
and public works facilities of the City.
II. Payment for Services.
A. Payment for services as outlined above, except (e), shall be
on the basis of an hourly rate of $37.50 per hour for any and all classes of labor
directly engaged in the provision of services. Only time spent directly on the
project will be charged and no charge will be made for any person's work periods
less than 15 minutes. Such rate may include allowance for overhead, indirect
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costs and profit. Out-of-pocket expenses such as prints and long distance telephone
calls will be paid for at actual cost thereof, without increase. Subconsultants,
approved in writing by City, will be billed at cost, plus 10%, unless City engages
their services directly. The above hourly rates shall remain fixed for at least
one year after the execution of this agreement.
B. Travel. One direction travel only will be charged and the other
direction shall not be included in time billed to the City. Mileage expense will
be charged for both directions of travel.
C. Attendance at Meetings. When requested to attend lvening.meetings
of the City Council or City Board, the time charge shall be only the actual time
involved at the meeting. One hour waiting time may be charged: _
Ill. Additional Services.
Upon receipt of separate, written authorization or execution of
an Amendment to this Agreement, the Consulting Firm will perform individual
project engineering consisting of one or more of the following:
a) Engineering reports;
b) Pre -Engineering surveys;
c) Applications;
d) Designs;
e) Plans and maps;
f) Specifications;
g) Contract Documents-
h) Administration of construction;
i) Resident inspection services;
j) Surveys, soil borings, and testing;
k) Other miscellaneous services.
The above services are to be provided in connection with the water and sewerage
systems, street and drainage systems, recreational facilities and other buildings
and public works facilities of the City.
A. Payment for additional services as outlined above will be
individually negotiated for each project and will be subsequently designated in
the authorization to proceed or the appropriate amendment to the Consulting
Firm Agreement. The fees will be based on a detailed estimate for an agreed -
upon scope, taking all classes of labor into account. Fees will generally be lump
sum and fees for construction projects will not exceed median percentage fees
as indicated by the published fee curve of The Florida Institute of Consulting
Engineers, as applicable, showing percent compensation for an agreed -upon
estimate of construction costs.
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IV. Billing. —
Payment for services rendered will be due upon presentation of
a bill rendered no more often than monthly. The bill shall show the number of
hours attributable to each class of labor.
V. Miscellaneous Provisions.
A. The Consulting Firm represents that it now has competent and
sufficient staff, facilities, and experience to provide the services covered herein
and that it will maintain said staff and facilities sufficient to perform the said
services.
B. The Consulting Firm represents that it will initiate and continue
work in an expeditious manner and agrees to diligently process the work to com-
pletion according to time schedules that the City shall specify and the Consulting
Firm shall accept.
C. The Consulting Firm 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 Firm also
agrees to carry Professional Liability Insurance and to provide a certificate
regarding the same to City.
D. The Consulting Firm will designate a single contact person for
liaison and coordination of the work. The City designates the City Administrator
for issuance of authorizations or directions from the City Council and the Super-
intendent of Utilities for liaison and coordination of water and sewer work.
E. The Consulting Firm agrees that it will not represent any developers
on any projects within the City of Edgewater, or before the City Council.
F. The Consulting Firm shall perform its duties under the direction
and coordination of the City Clerk Administrator of the City of Edgewater, Florida,
or any other City official designated by the City Council as the project requires.
G. The Consulting Firm shall perform its duties in conjunction
with and cooperation with all City departments and department heads as required.
H. The Consulting Firm shall be responsible for the accuracy of
all engineering services rendered to the City by the Consulting Firm and its employees.
This will include, but not be limited to, all opinions, notes, plans, specifications
and supporting data relating to any project. In this connection, Consulting Firm
is entitled to rely on data furnished by the City or other professionals. Consulting
Firm agrees to indemnify and hold harmless the City from any loss or liability
arising out of errors or omissions in any plans and data submitted to the City
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pursuant to this agreement which is the work product of Consulting Firm irrespec-
tive of City approval of the same.
I. In addition to the above indemnification (paragraph H above),
the Consulting Firm 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
Firm. 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
Firm.
J. The Consulting Firm shall, upon request, provide the City with
reproduceable mylars of drawings and copies of original documents, tracings,
field notes and design computations which shall be the property of the City.
VI. Term of Agreement.
This Agreement will remain in effect for one (1) year from the date
4mnually
of execution with an option
fonrenew the agreement
provided both parties agree to such renewal after renegotiation. The intent to
renegotiate the agreement $ shall be expressed, in
writing, by either party no more than sixty (60) days and no less than thirty (30)
days prior to the expiration date of this agreement.
IN WITNESS WHEREOF, the Consulting Firm and appropriate officials
of the City have hereunto set their hands and seals for the purposes heremabove
expressed, this �day ofRwn Iggq.
ENGINEERS, INC.-
YAftYOR, CITY DGEWAI tR Witness
ATTEST:
%_ II" CLERK
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APPROVED AS TO LEGALITY