HomeMy WebLinkAboutResolution No.68-14RESOLUTION NO. 68 -14
.A RESOLUTION APPROVING ENGINEERING CONTRACT AGREEMENT
BETWEEN THE CITY OF CAPE CANAVERAL, .FLORIDA AND BRILEY,
WILD & ASSOCIATES, INC., CONSULTING ENGINEERS; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has determined it to be advisable and
,desirable to employ a consulting engineering firm for City en-
gineering, consulting engineering and other engineering services;
!and
WHEREAS, Briley, Wild & Associates, Inc., Consulting En
gineers of Daytona Beach and Clearwater, Florida have in the past
(performed faithfully and well for the City and have submitted a
contract which. the City feels to be in the best interest of the
City.
J NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, that:
i SECTION 1. The City of Cape. Canaveral, Florida hereby
approves the contract agreement between the City of Cape Canaveral
:lorida, amunicipal corporation and Briley, Wild & Associates,
Inc., consulting engineers of Daytona Beach and Clearwater, Florid:
a copy of same being attached hereto and made a part hereof sub-
. .feet to tre following two (2) changes to .wit:
(A) Section 1., C (3) be amended to read as follows:
change October 1, 1968 to October 1, 1969.
(B) Added to tile contract shall be the following provision
to wit:
The employee of the engineer who shall perform these
services for the City shall be a party acceptable to
the City.
SECTION 2. The City hereby authorizes the Mayor and City
Cleric to execute said agreement on behalf' of the City.
SECTION 3. This resolution shall become effective immediatel•
upon its adoption..
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA /(r z= DAY OF APRIL A.D., 1968.
111. T TH f, Yux
CITY Or CAPE CANAVERAL
ATTEST:
�1'tTY'G L
/ 7
APPROVED AS TO FORM:
%_ CITY TTORNEY
•
ENGINEERING CONTRACT
CITY OF CAPE CANAVERAL
BREVARD COUNTY, FLORIDA
jS1ilEy,
(11 ild: C7 p7130CiatEi
' r C0HfH111N0
CONTRACT
THIS CONTRACT BY AND.BETWEEN, the City of Cape Canaveral, Brevard
.. County, Florldo, a municipal corporation hereinafter referred to as the OWNER, or _
City as the ease may be, and Briley, Wild 8 Aaoelates, Ina., consulting Engineers
of My x, Beach and Clearwoter, Florida, hereinafter referred to as the ENGINEERSi
OWNER under
WHEREAS, the ENGINEERS have been under.contract to the
and conditions of that certain contract dated February 7, 1963, and
the terms
WHEREAS, the ENGINEERS have performed faithfully and well under the
terms of said contract, and problem and require-
WHEREAS, the OW
• NER is cognizant of the Increasing p ra
menu of the municipality due to Its rapid growth, and
WHEREAS, it het been determined that it Is advisable and desirable to con-
tinue the employment of a nationally recognlzed firm of consulting engineers having -
special and broad experience in the desired fields for the purposes of providing con-
sultation, making field investigations, OPP'aisals and office studies, preparing reports,
ns, "time of cost, detailed plans and specifications, consulting
preliminary pla
services during construction, resident inspection of constructions and such other
g
in
engineering services as the OWNER may request or au, and
WHEREAS, the OWNER Is now desirous of up-dating that certain contract and
continuing the services of the ENGINEERS as sat forth herein, and
®
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B -,dey, (lVild & o4110cfntes
. CONSUMING nxmenrs
WHEREAS, the problems, covering all phases of municipal operations, are
broad in scope; but generally can be categorized in the following three classificatimu:
Phase I - City Engineering; Phase 11 - Consulting Engineering, and Phase III - Other
Engineering Services, now therefore
WITNESSETH, that In consideration of their mutual covenants and agreements
herein contained, the parties hereto mutually agree as follows:
Section I. CITY ENGINEERING
A. The OWNER hereby retains and employs the ENGINEERS to serve
as the OWNER'S City Engineers and the ENGINEERS agree to serve on a retainer basis
® and be available for telephone consultation through the services of personnel from their
Daytona Beach Office, as needed. The ENGINEERS also agree to maintain telephone
service In Cape Canaveral and make available the services of a representative of the
ENGINEERS In Cope Canaveral for one (1) full day per month which shall include the
attendance at a workshop meeting of the City Council.
B. In addition to the services rendered on a retainer basis, It is
mutually agreed that the ENGINEERS will be available for field Investigations, appraisals,
estimates, plans and other professional services In connection with City Engineering, as
requested or authorized, through the services of personnel from their Daytona Beach
Office. Authorization and direction to proceed with work on the various assignmenh
sholI be Issued by the City and work shall be started and prosecuted as expeditiously
as possible, consistent with good practice.
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DULY, gVild 15 c4isociatss
The assignments shall include but not be limited to the following,
(I) The review of plans and specifications , furnished by'
subdivision developen, for paving,'storm drainage. facilities and other subdivision Improve-
ments for conformity with existing applicable City Ordinances.
_....
12) The Inspection of.completed work, _under subdivision
Improvements, for compliance with plans and specifications, but not Including the ter-
vices of a Registered land Surveyor or Testing Laboratory.
(3) The attendance, upon request, of o representative
of the Engineers at such other City Council meetings or other conferences in connection'
® with matters of a City Engineering nature as differentiated from consulting Engineering
matters. The presence of o representative of the ENGINEERS at the scheduled time of ,
the meeting or conference shall constitute attendance at the meeting or conference.
C. , The OWNER agrees, to pay for such services In accordance with
the terms as outlined as follows:
(1) . For the aforesaid services as described In Sectfon'IA hereof,
a retainer In the amount of Two Hundred Dollars (E200.DO) per month. Sublect fo.the -
limitations as set forth in Section IC(3) herein, sold retainer shall be full compeivation.
for the services rendered under this Item of work.
(2) For the aforesaid services as described In Section 10 hereof,
compensation shall be at "Actual Cat' to the ENGINEERS. The term "Actual Cast" as
used heroin shall be as defined in Section 3 D. hereof.
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B%d q, ('Wild & o4a10aiaEes,
CONVULTING ENGIN9913'.
I
(3) In recognition of the fact that the services for which com-
pensotion Is to be made under the retainer are subject to change, the amount of the
monthly retainer shall be re- negotiated each year. The annual re- negotlatlon o(fhe'
retainer shall be made co cident with the OWNER'S Fiscal Year commencing with
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October 1,+ tt a(1,7
D. The OWNER agrees to,make available to the ENGINEERS, at
no cost to the ENGINEERS, such pertinent maps, plans, aerial photographs.ond other
Information as may be in the OWNER'S possession and for which all costs to the OWNER
. have been paid.
- E. When the services of a Registered Land Surveyor and/or Testing
®" Laboratory are required, these shall be retained by the OWNER at no cost.to the
ENGINEERS. The ENGINEERS shall coordinate these services and shall cooperate with
the party or parties retained for these services.
Section 2. CONSULTING ENGINEERING
A. The OWNER hereby retains and employs the ENGINEERS to serve
as the City's Consulting Engineers to perform professional services as requested or authorised.
These prolects shall Include, but not be limited to the followings
(1) Water supply, treatment, storage, and distribution.
(2) Sanitary sewers, pumping stations, force mains, treatment
facilities.
(3) Street and road construction and improvements.
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jr$iley, IlViQ 6 o411ociatzi
CONSUITIHa (MGIHIIIf
(4) ' Storm drainage and storm sewers.
(5) `. Solid.wastes 4hposol..
(6) Other publieworks and Improvements -
and the OWNER agrees to pay for such services In accordance with the terms as outlined; !
herein and to furnish free to the ENGINEERS such' periinentmalbs, plans aerial photo= `
gropte, and other informationai may be in the OWNER'S possession.
B: The ENGINEERS agree to meet and confer 4th'ihe Cly Officlois `
relative to the projects to be undertaken and to assist the OWNER in establishing definitely '
planned programs.
C. The ENGINEERS'cgree to perform and furnish the various professional
• services required for the planning and condruction of specific projects; when authorized
or directed, as outlined herelni
. ..(1).. Engineering Report'.
Reports may be preliminary, specific, supplementary, revised
or special, but will usually Include the following items when necessary, appropriate, or
pertinent: _
(a) Preliminary surveys of existing facilities. '
(b) Necessary field studies and investigations.
- (c) Layout sketches and plans, general and specific.
(d) Cast estimates.
(e)' Conclusions and recommendations.
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Daley, :irwild Fa: o¢SSodfaEes
® CONSUMING ING INIIIS
Fifteen
Q5) copies of the Report will 6e furnished to the OWNER for study and consideration.
Additional copies, If requested by the OWNER, will be furnished of cetuol reproduction
Cost..
(2) Design Services shall include the follow(n9t
(a) Field surveys, excluding Land Surveys or Boundary -
Surveys, and investigations necessary for design purposes.
(b) Preparation of maps, detailed plans, specifications,
and other information necessary for the construction of the contemplated project.
(c) Preparation of a detalled.flnalestimate of cost.
® (d) Prepare advertisements for bids, contract documents,
and all other documents necessary to secure bids.
(e) Furnish five (5) copies of the Plans and Specifications,
and additional copies at net reproduction cost
(f) Receive and tabulate bids, report some to the OWNER,
and assist in the award of contracts.
(g) Maintain liaison with - theOWNER and his representatives,
and meet with them for consultation or conferences when necessary or requested.
(3) Professional Services durlrg Comtructlon shall Include the
following:
(a) Meet with the OWNER or his repres entative for con -
sultatlon or conferences when necessary or requested.
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Ovley, lUld Fi �{lsociaEes
® - CONEOITING rNGINTM
(b) Prepare any application, together with required
supplemental plan, data, and Information, to be submitted to Local, State or Federal
authorities, which may be necessary or required for the initiation, prosecution, end
construction of the project. .
(c) Receive and check the Contractor's plan, shop
drawings, material analyses, construction schedules, and other documents or information
specified to be furnished by the Contractor.
(d) Observe the work of Impaction bureaus and laboratories
employed by the OWNER or Contractor for the testing of materials entering Into the con-
® structlon of the project and receive and check all reports by such bureaus or laboratories.
(a) Periodical general In ctl f fh 1
pe ens a e s to of the work,
review and recommend approval or disapproval of subcontractors, assist In the interpretation
of the plan and specification.
(f) Receive, review, and approve all progress reports, .
and pay estimates. perform the final Inspection and recommend acceptance or rejection
to the OWNER.
(g) Prepare record drawings of the project and fumbh a
set of these drawings to the OWNER. -
(4) Resident Inspection of Construction shall include the following,
(a) Furnish the services of a registered professional engineer
to be in overall charge of project construction Inspection, a qualified project representative,
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73,d,,, 4ild Fi o�saaaEaEes
®. - CONS VIi INe rxalx rrff
and Inspectors and other oaistanh as necessary and authorized. The inspection of work
and moterlgIs is to be continuous, whenever work is being performed an the project, and
throughout, the duration of constructlon.
(b) (heck the Contractor's plons; temporary facilities and
r a
IayouYof work for e«nplloncs with the plans and speclfloatlons.
- (c) "to construction details, progress and special
reports, monthly and final pay estimates, and final construction report.
D. The OWNER agrees to pay the ENGINEERS for the above described
professional services, as the services are rendered and Invoice presented, as follows:
(1) Engineering Report
® Compensation for the Engineering Report or Reports shall be
on the basis of "actual cast, or a lump sum negotiated betweenthe OWNER and the
ENGINEERS prior to authorization being given to the ENGINEERS to proceed in the
preparation of such Report or Reports.. -
(2) Design Services
(a) Compensation for Design Services shall be on the basis
of "actual cat" when the estimated construction cat Is $10,000 or less.
(b) Compensation for Design Services when the estimated
construction cat exceeds $10,000 shall be sixty -five percent (65 %) of the percent
compensation set forth for the Engineer's Estimated Construction Cosh as determined from
the attached curve of compensation as recommended by the Florida Engineering Society.
. I -a-
® 21d4y, 'Wild & o�{aeaaEaEea
CONSUlrINO lNO1Nn[43 -
" Guide for Selecting and Compensating Consulting Engineers, .1967, N or such later
edition as may from time to time be issued. - -
(c) When the actual construction cat is determined
. from the foal eoostsuction goy estimate paid the Contractor the Campersnt(on paid
the ENGINEERS shall be adjusted os computed from this final estimate.
(3) Profeulonal Services Duri Construction
(• °) Compensation for Proreafonal Services during
Construction shall be on the basis of °actual cost,' when the Estimated Construction
Car Is (10,000 or Isu.
® (ts) Compensation for Professional Services during
Construction when the Estimated Construction Cat exceeds 510,000 shall be thirty-
flue percent (3596) of the percent compensation set forth For the eonslrueflon cab,
a dotenninwd From the attached curve of compensation as recommended by the Florida
Englneoing Society "Guide for Selecting and compensaling C ftulting Engineers, 1967,°
a such later edition as may from time to time be Issued,
(e) Payments for Professional Services during Construction
to be due monthly to the ENGINEERS In a direct ratio to the paresologa of the con-
struction work completed on a monthly basis as the work piogresses,
(4) Inpeeflan of Corotroetlon
Payment in the amount of solory cats of the Resident Project
® R°prosentative and all authorized Inspectors and other personnel employed on the Project,
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® bailey, qNild Fi c4iloctatei
CONS-ING INOIN11,
'plus one hundred percent (100'%) of such salary cosh to cover soc lot security, insurance,
faxes, and other overhead cosh Involved in this Item of work, Plus ten cents per mile
for the Project Reprasentative's and Inspectors' can while In necessary travel on the
Project.
Section 3. OTHER ENGINEERING SERVICES
A. The OWNER hereby retains and employs the ENGINEERS to perform
such Other Engineering Services as may ba required and authorized in connection with
City Engineering or Consulting Engineering Projects or other ossignments not falling within
the purview of either of the above categories.
® B. The ENGINEERS agree to perform and furnish the various professional
services on specific assignments when authorized or directed os outlined hereinr .
(1) Make the necessary field investigations, office studies,
estimates of cat, preliminary plans and reports on matters not connected with Consulting
Engineering Services.
(2) Prepare preliminary appraisals and detailed appmisals on
facilities contemplated by the Qty for acquisition.
(3) Furnish the services of qualified expert witnesses to testify
at bond validation hearings or In connection with any suit -ot -low pertaining to projects
or other ouignments.
(4) Travel outside the State of Florida In connection with the
Projects or other assignments.
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i
' eilt� (INCLd & cifsiociaEes
® CO NIaMNa 1—MI4f
{
(5) Assist the OWNER In computing and determinlnp the
amounts of speclal assess gnt rolls from tax roll ls and /or other Information to be
fumished by the OWNER.
(b). Asslst:the OWNER In negotiations with the owners of .
property required for or affected by contemplated acquisition and /or construction,
preparing any sketches, mops, plan and estimotes.
(1) Assist a Registered Land Surveyor, to be retained by
the OWNER, In easement, or right -of -way location, description and slake -out.
(Si Inspect and review necessary test borings or other sub-
surface explorations as made by Contractan or others retained and paid by the
OWNER.
C. The OWNER agrees to pay for such services in accordance
with the tenor as outlined herelnr -
(I) For field Investigations, office studies, estimates of
cost, preliminary plans and reports, a pre - negotiated lump sum or "actual cast."
(2) For preliminary appraisals and for detailed appraisals,
a pre - negotiated lump sum or "actual Cost." .
(3). For services or a Registered Professional Engineer as an
Expert Witness In connection with the Project, One Hundred Dollars ($100.00) per
day or part thereof, together,with all pertlnent.traveling and living expense Incurred.
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'13allcy, . Wild fi ogasociates
CONSULTING INGINMS
(4) For service of a RegisItared professional Engineer when on
authorized travel outside the State of Florida In connection with the _Project, One
Hundred Dollop 0i00.DO) par day or part thereof, together with all pertinent trawling
and living expense Incurred.
(�
For assistance in preparing special an rolls, a
pro.
negotiated lump sum or "actual cost."
(6) For assistance In right-of-way negotiations with property
owners, "Actual Cat.'
(7) For assistance to a Registered Land'SurveyorIn right-oF -way
® location, "Actual cat."
(g) For inspection OF sub- surface enplomtlons, "Actual Cost.,,
D. The tam ' Actual Caf" as herein wed shall mean and Include all
salaries and wages, social security and other loxes, overhead, and all other expense,
not paid directly, which would normally accrue to the ENGINEERS In the prosecution
of the agreed work. For simplification "Actual Cat" shall be computed, billed, and
. paid as salary. cost plus one hundred percent (iODU together with all pertinent traveling
and living expenses Incurred.
Section 4. It Is further covenanted thats
A. The plans and specifications are Initrumonts of service and as such
the original documents, tracings, field notes, and deslpn computations are and will remain
the property'Of the ENGINEERS.
® (1) The employee of the engineer who shall perform these services r ei
for the City shall be a party acceptable to the City.
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stilty, (Wild Fi o¢iiocfatFS
® CONSULTING 3NGINIM ,
B. The OWNER and the ENGINEERS each binds himself, his partners,
sueeessors, executors and administrators, to the other party of this agreement and to his
Partners, successors, executor and administrators In respect of all covenants of this agree-
ment. Except as herein provided, neither the OWNER nor the ENGINEERS shall assign,
cancel, sublet or transfer his Interest In this agreement without the written consent of
the other party hereto,
C. It Is mutually agreed by both parties that if due to an Act of God,
a National Emergency or for any reason over which either party has no control, it be-
comes necessary to cancel this Contract, then a settlement will be made by the OWNER
with the ENGINEERS in an amount proportionate to the amount of work completed and
® of the fees stated herein.
D. The ENGINEERS, while endeavoring to provide protection to the
OWNER against defects and deficiencies In the work of the Contractor(s), does In no
way assume liability for the satisfactory performance by the Contractor(s), under the
Construction Controct(s).
E. Ftior to payment in full for the work performed under this Contract
or an extension thereto, or prior to settlement upon termination of the Contract, the
ENGINEERS and the OWNER shall execute and deliver a mutual release by each party
to the other *fall claims and demands of ony nature whatsoever arising under or by
virtue of this Contract.
F. This Agreement supersedes all existing Agreements between the
® OWNER and ENGINEER, except for construction In progress at the time of execution
of this Agreement.
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}
-ley, �Vdd f
� y c�ssociaEei
®�_ COM3Yl TING INGI Nf333 '
G. Except as pertains'
Jo the re- negotiation
of the annual ,skins,
= fei Clfy Erpineorinq sarvleos w set forth In Section I C(3) heroin, This agreement shall
6s n conflnutrip Conhaet ax"Ing until October I, 1970, and shall be automatically
renewed for success, ve torts of two (2) years union on or be
fore (60) day► before
that date, or any consequent termination date, either potty hank gives fo.the other
Party Written notlee thatthe Contract will termiridte m of the'ronewel`dote'cr at o
later date when wo' k under way is completed.
THIS CONTRACT MADE AND ENTERED INTO THIS _ /G ; -DAY OF
19�r�..
e CITY OF CAPE CANAVERAL
AT7E5T, BR�FLORID epn R. Rickardsl Clfy v� arq a
Approved as to Form and Correctness, .
ice; �.PiK Zll /,-!c msy ,
BRILEY, WILD d ASSOCIATES
WITNESS$ CONSULTING ENGINEERS
try r a ent
o BRILEY, WILD 8 ASSOCIATES
CONSULTING ENGINEERS
CERTIFICATION
I. B. N. Wilson, hereby certify as Secretary of
Briley, Wild 8 Associates, Inc. that Harry E. Wild who signed
this Contract or Agreement on _ ., ,, r, lG
was President of the Corporation on that dote and is fully
empowered by the Corporation to execute such documents In
the name of the Corporation.
Witness my hand and the seal of the Corporation on
this the /C 7z day of
rr
i son, Secretary
Briley, Wild & Associates, Inc.
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