HomeMy WebLinkAboutResolution No. 1980-51 , .
MICROFILMED 1-18-83 ,
RESOLUTION NO. 80-51
A RESOLUTION AUTHORIZING, THE CITY OF CAPE CANAVERAL,
FLORIDA TO ENTER INTO AN AGREEMENT WITH
BRILEY, WILD AND ASSOCIATES TO PERFORM ENGINEERING
SERVICES IN CONNECTION WITH WASTEWATER TREATMENT
PLANT EXPANSION AND MODIFICATION; PROVIDING AN EFFECTIVE
DATE
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida as follows :
1
SECTION 1 . The Mayor and City Clerk are hereby authorized
. .
to execute an agreement with Briley, Wild and Associates
for engineering services , a copy of said agreement is attached
hereto and made part hereof by reference.
SECTION 2 . This resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 2nd day of December , 1980 .
/ OF
•
..-... ..-..--..t.,
,,- ...-, •‘. .-• --. ***,:...'PA v.',,,,-A-4-1...: Iliay -k---
'
:. '' ,,,,
i6iitt,e§t ,.;:.,SALj - : :tzi,,,,:,.--,:m
,..- : -g,1,-4-:,.3. :;` ,-
MEE NO
• \`'`.4 .`
$et)uty"'CI- ,-E i e rk-"-",7i,-,: Boyo MI
._., toit -c, ,..,. ,- ,\ssL1/4_,,......7„,-, MEMO
;'I N„ -,-,
.... .-cr.0,-.-it t..
Apo oved as to ,ro-- -i BIENNIII
RUTHERFOFi)
1 City Attorney
-_,
0 .
Nt
, �
MICROFILMED, . 1-18-83
_._._�..._.__�__.��__-- '
•
•
Form FmHA 442-I9 . •
(Rev. 1-28-77) • AGREEMENT FOR ENGINEERING SERVICES ..
•
THIS AGREEMENT,made this 2n[h_ _ day of — --De�cember - 19 80
by and between
the City Of Cape Canaveral . _,hereafterr
referred to as the OWNER,and Briley, Wild & Associates, Inc
•
hereinafter referred to as the ENGINEER: ,
•
The OWNER intends to construct aft_expansion to and a modification of its wastewater
•
treatment facility
Brevard Florida
in ___........--------........... ................. County, State of — ----- , which
may be paid for in part with financial assistance from the United States of America, acting through 'the Farmers Home
Administration of the United States Department of Agriculture, hereinafter referred to as FmHA, pursuant to the
Consolidated Farm and Rural Development Act, (7 U.S.C. 1921 et seq.) and the ENGINEER agrees to perform the various
professional engineering services required for the design and construction of said system.
WITNESSETH: •
That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed:
' SECTION A — ENGINEERING SERVICES
�. The ENGINEER shall furnish basic engineering services as follows:
1• 2. The ENCI^'EER ‘v111 pre pal:: preli,rti+r;at - . - -
I`1 t - • _ .
. \ti I EAL1.44447-
•
•
•
6. After the preliminary engineering report has been reviewed by FmHA and the OWNER directs the ENGINEER to
proceed, the ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, •
prepare detailed drawings, specifications and contract documents, and make a final cost estimate based on the final
design for the entire system. It is also understood that if subsurface explorations such as borings,soil tests and the like
arc required to determine amounts of rock excavation or foundation conditions; the ENGINEER will furnish
supervision of said explorations without additional charge, but the costs incident to such explorations, no matter
whether they arc performed by the ENGINEER or by others, shall be paid for by the OWNER as set out in Section D
hereof.
7. The contract documents furnished by the ENGINEER under Section A-6 above shall utilize Frn11A-endorsed standard
construction contract documents, including FmHA Supplemental General Conditions, Contract Change Orders and
partial payment estimates. All of these documents shall be subject to FmHA approval.
8. Prior to the advertisement for bids, the ENGINEER for`eaclr contract will provide not to exceed 10 copies of detailed
drawings, specifications, and contract documents for use of the OWNER, FmliA, and the appropriate Federal,State,
and local agencies from whom approval of the project must be obtained.The cost of such drawings,specifications,and
• contract documents shall be included in the basic compensation paid to the ENGINEER.
9. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by
prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost of.such copies.
Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings,specifications and •
contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the
ENGINEER. Original documents, survey notes, tracings,and the like,except those furnished to the ENGINEER,by the
OWNER, are and shall remain the property of the ENGINEER.
10. The drawings prepared by the ENGINEER under the provisions of Section A-6 above shall be in sufficient detail to
permit the actual location of the proposed improvements on the ground.The ENGINEER shall prepare and furnish to
the OWNER without any additional compensation, three copies of a map showing the needed construction easements
and permanent easements and the land to be acquired. Property surveys, property •plats, legal descriptions, and
negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests the ENGINEER to
perform these services: In the event the ENGINEER is requested to perform such services and make detailed surveys, •
the ENGINEER shall be additionally compensated as set out in Section D hereof.
Position 6
FmHA 442-19 (Rev. 1-28-77)
• r
11. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the-bids;-and make -----7-
recommendations for awarding contracts for construction. i
12. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors.
13. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and i
deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the .
performance by any contractor.
•
•
IS. The ENGINEER will provide general engineering inspection of the work of the contractors as construction progresses.
Unless notified by the OWNER in writing that the OWNER will provide for such inspection, the ENGINEER will
provide detailed resident construction inspection (RESIDENT INSPECTOR)for the additional compensation set forth
in Section C. The ENGINEER does not guarantee the performance of the contractor(s) by the ENGINEER'S t
performance of such detailed construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the
the contractor of his obligation to perform the work in conformity with the drawings and specifications and
in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor's performance; and shall not
impose upon the ENGINEER any obligation to sec that the work is performed in a safe manner.
16. The ENGINEER will cooperate and work closely with FmHA representatives.
17. The ENGINEER will review and approve estimates for progress and final payments.
18. The ENGINEER will make final inspection of all construction and a written certification of final inspection to the
OWNER and FmHA.
19. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of
prints at no additional cost to the OWNER. Such drawings will be based upon information provided by the RESIDENT
INSPECTOR. .
20.. The ENGINEER will prepare notices and advertisement of final payments if required by state statutes.
21 . The ENGINEER will he available to furnish engineering service and consultations necessary to correct all unforeseen
--- project operating difficulties fora period of 1 year after the date of final inspection and acceptance of the facility by
the OWNER and FmHA. This service will include instruction of the OWNER in initial project operation and
• maintenance but will not include supervision of normal operation of the system.Such consultation and advice shall be
furnished without additional charge except for travel and subsistance costs.
22. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect
him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury,death,
or property damage which may arise from the negligent performance by.the ENGINEER or by the ENGINEER'S r-
employees of the ENGINEER'S functions and services required under this Agreement.
23. The ENGINEER further agrees to provide the operation and maintenance manual for waste treatment facilities when
required by the Environmental Protection Agency or FrnHA for S 9 9400.00
24. The services called for in Section A•1 through A4 of this Agreement shall be completed and the report submitted by
•
Not Applicable
jl5are7__.
After acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written authorization
from the OWNER, the ENGINEER will complete final plans, specifications and contract documents and submit for
. approval of the OWNER, FmllA and all State regulatory agencies jotwithin 150 days ;
unless otherwise agreed to by both parties. (Date)
the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER.
•
; :fliThee architect, registered land surveyor or professional engineer (as applicable)
warrants that he has not employed or retained any company or person, other than
a bona fide employee working solely for the architect, registered land surveyor
or professional engineer, to solicit or secure this agreement, and that he has
not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the architect, registered
land surveyor or professional engineer any fee, commission, percentage, gift, or
any other consideration, contingent upon or resulting from the award or making
of this agreement.
— 2
Lw•
M ICROF I LIViED 1-18•$x'
SECTION B — COMPENSATION FOR BASIC ENGINEERING SERVICES
The OWNER shall compensate the ENGINEER for basic engineering services-riot to exceid $ or as
shown in Attachment I.
When Attachment I is used to establish compensation for basic services the construction costs on which compensation
is determined shall exclude legal fees, administrative costs, engineering fees, land rights acquisition costs, water costs,
-and interest expense incurred during the construction period. The compensation for basic engineering services shall
be payable as follows:
1. The sum of not a_Ppl i cabl e Dollars ($_ _ _ ) after the review of the pre-
liminary engineering report by the FmHA and acceptance by the OWNER.
2. A sum which together with the specific sum set forth in Section B-I above equals seventy percent (70%) of the
total compensation payable after completion and submission of the final drawings, specifications, cost estimates, •
and contract documents, and the acceptance of the same by the OWNER and FmHA.
3. A sum equal to ten percent (10%) of the total compensation payable immediately after the construction contracts
are awarded.
4. A sum equal to twenty percent(20%)of the total compensation will be paid on a monthly basis for general engineering
inspection of the contractor's work during the construction period on percentage ratios identical to those approved
by the ENGINEER as a basis upon which to make partial payments to the contractor(s). However, final payment
under this paragraph and of such additional sums as are due the ENGINEER by reason of any necessary adjustments
in the payment computations will be in an amount so that the aggregate of all sums paid to the ENGINEER will
equal one hundred percent (100%) of the basic compensation. Final payments shall not be made until it is determined
that all services required by this Agreement have been completed except for the services set forth in Section A-2I
hereof.
The compensation for engineering services shall be:
The total sum of $
Q Established by Attachment I.
•
SECTION C — COMPENSATION FOR DETAILED RESIDENT CONSTRUCTION INSPECTION
AS SET FORTH IN SECTION A—I S .. _
•
When the engineer provides detailed resident construction inspection, he will, prior to the preconstruction con-
ference, submit a resume of the construction inspectors' qualifications, anticipated duties and responsibilities for approval
by the OWNER and FmHA. The OWNER agrees to pay the ENGINEER for such service in accordance with the schedule
set out in Attachment I. The ENGINEER will render to OWNER for such services an itemized bill, separate from any
other billing, at the end of each month, for compensation for such services performed hereunder during such month, the
same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month.
•
•
- —3—
•
SECTION D — ADDITIONAL ENGINEERING SERVICES
In addition to the foregoing being performed,the following services may be provided UPON WRITTEN AUTHORIZA-
TION OF THE OWNER and approval of the FmHA:
1. Site surveys for water treatment plants,sewage treatment works,dams and reservoirs.
2. Laboratory tests,well tests,borings,specialized geological,hydraulic or other studies recommended by the ENGINEER.
3. Property surveys, detailed descriptions of sites, maps, drawings, or estimates related thereto; assistance in negotiating
for land and easement rights.
4. Necessary data and filing maps for water rights,water adjudication,and litigation.
5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and FmHA.
6. Appearances before courts or boards on matters of litigation related to the project.
Payment for the services specified in this Section D shall be as agreed between the OWNER and ENGINEER and
approved by FmHA prior to commencement of the work,barring unforeseen circumstances,such payment should not exceed
6 000.0Q
$____'___________�_�__ The engineer will render to owner for such services an itemized bill, separate from
any other killing, at the end of each month for compensation for services performed hereunder dt...ing such month,the same
to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month.
•
•
•
. SECTION E — APPROVAL BY FmHA
This agreement shall not become effective until approved by FmHA.Such approval shall be evidenced by the signature
of a duly authorized representative of FmHA in the space provided at the end of this Agreement.The approval so evidenced
by FmHA shall in no way commit FmHA to render financial assistance to the OWNER, but in the event such assistance is
provided, the approval shall signify that the provisions of this Agreement are consistent with the requirements of FmHA.
•
•
•
•
•
•
•
•
•
•
•
•
•
—
4 —
•
•
• M ICROFI LMED 1.18-83
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials,this Agreement in duplicate on the respective dates indicated below.
(SEAL)
1p ' OWNER: •
,A° a eo
_ --
ATTEST Type Namet
• •y 7w _
d r f�
WS' Title "Malt
Type Name4_"7.__.itaaSh3L3=:I`T ;c_iaLis t_______ Date_
_API 6r6Title –_— 't tx;. n6`•'
l
,,
;6?i !
`,7 '
q'�EAIS
:rr dir?a_ ENGINEER:
•
ATT EST'. n; .- • 13y / -- —
P.E.
,�, Type Name Harr,Y E. Wild, Jr. ,
Type Name -__Wi l ena M. Thayer - President
Title___tss't. Sec retar -Treasurer Z,Siv/io. /q 4.
--Y Date ---------_.------•-$------------------------
\ APPROVED:
FARMERS HOME ADMINISTRATION
By
;Type Name
Title
•
•
•
•
•
—5'-.
• .
D. .•,•3 • • • t•
,,
t'
INTERIM AGREEMENT .
....i ). or use only when OWNER is not legally organized on the date the Agreement for EvgineeringServices is execute
In lieu o le execution of the foregoing Agreement for Engineering Services dated the - - • .,,,-;.-fi.-;_
.,. _ day of
,. .
.....,,,s , ,-- ..„ \ . ,
19..- . , by the party designats'a a„S'OWNER tlietein, the,michTried,.hereinafter
referred to as INTER i• PARTIES, have executed this Interim Agreement in-consideration o to Service's described in
Section A-I through A-5, in sive, of said Agreement for Engineering Services to be perform . y the ENGINEER,and the
ENGINEER agrees to accept thi terim Agreement as evidence by ENGINEER'S executiereof contemporaneously with
the execution of the Agreement for ...,!ineering Services. The ENGINEER also agrees perform the services set forth in said
. Section A-I through A-5, inclusive,of-sA : •greeibent in consideration•of tile Suis ated in Section B-1 of said Agreement to
be paid in the manlier set forth therein.
,..,.., y .
It is anticipated that the OWNER shall prom become a leg' ntity with full'atitliorit ,to accept and execute said
. ..
Agreement for Engineering Services and that the 0 i -• , after coming so qualified, shall promptly take such action as
necessary to adopt, ratify, execute, and become hound by - i greement for Engineering Services. The ENGINEER agrees
that upon such due execution of the Agreement for Eno. -erin: 'ervices by the OWNER, the INTERIM PARTIES auto--
matically will he relieved of any responsibility or of •- dity assumes iv their execution of this Interim Agreement,and that-
the ENGINEER will hold the OWNER solely res) sible for performanc of the terms and conditions imposed upon the --
OWNER by the Agreement for Engineerin: : (vices, including the payine of all sums specified in Section B-.1 of said
• Agreement. . .7..
..,. ...
---
.
1 • . \.
If the.OWNI.-:R is not legall ganized, or if after being duly organizethjP---f'ails o .fuses-t-Wadepe;iatify-,and execute
the Agreement for Engineerin, ervices within 30 days from the date it becorhes legally orb, ized and qualified to do so,or•
if for any other reason t project fails to proceed beyond the preliminary stage described ection A-I through A-5,
inclusive, of said Agr lent, the INTERIM PARTIES agree to pay ENGINEER for such preliminar• ngineering services an
- " amount not to ex• d the sum specified therefor in Section B-I of said Agreement.
. .
. .
IN W " ESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly author d officials,
t ' Agreement in duplicate this • day of ,
• . .
•
. • •
• . _ ,
-• .
.
• .. • • . ...,. .... . ' - ____ -_.
•
. .
, . .
. ' .
. . . ,
. . • • •
- .
' • • . . .. . . , •
. .
. .
• , . .
. . .
. . .
. . .
. . , .
, .
. • •
• . . . .
- -
• •
, . . . .
. . .
- • -
. . . -
, . .
, . • • . .
. '
.. .. .
• .
. . --• , . .
• . . ' . .
! .• . • . ' . . . . . .
. .
,.
. .
. • ,
_ .• . ... . , . . . . ..--. . . . • .
: .
• , . . - •
. .. _ . .. ; . . . . . . •
. ; .
. . . ., . . ... . .
. .
• . . .
.•
. . . . ,
- :.' ,':''' -'-- ''-'.- - •- ' '- .. • Governorm Printing Off1co: 767-011
. ,..• • .. ,' . . .. - ,, . .
- ' ' • . . . • .. ,
. • •
„ .
' .-....---
.
.. -1 ,::-.:.:-.;._Li.L:.-...,:-..!:-. . . :-., ,'• ,,,,,.,,r .-,,,-,:. ;.,,,i,,i',',F...,::-..S,..-,-... . .4,-'' •.....,7- ••"•••••::.,',-,' i'.,.:::-,'-'/..::.... • .:-4.-jt,;, ,x,-...-„!,-.,•:•.2!, •..-.:-,•-•:[,..`,..-:,•."-e•-. • -- .
•
- - • '
; MICROFILMED I LMED 1-11 -83 ` -
. . �� MIC ,
MEDIA:; . ':-ES FOR I'i:O: ESS i cr;:1L
•
E„GI:;EERI;;G S R\'I(C - SECTION \" 1OR:1 FillA 6 .2-19 .AS A I'-?.c T!.G: OF Z;ET Co:;5Tku(;TiO:; COST
FLORIDA
•
•
A.
The fees are to be ad ';n:,ted t;, suit special conditions as stnty,! L^•
contract. Basic_Fee R:lInsn Fee Ra: is Fee T n e
Net Con.:tructinn Cost Tab e L i ibs. 1r� I-A . Table [T �_:bic -_-_\
50,000 6.0 12.0 5.0 9.0 .
100,000 11. 5 4.R . 8.5 . 3.S
200;000 1O. 5 . 4.6 7 .7 1.6
100,n00 9. 6 4.4 7 . 3 1. ".
400,009 ". "2. /, .? 7 .0 . 1 .? .
100,000 8.8 4.0 6.7 1..)
600,000 8.4 1.8 6.5
8.2 . 6 6.1 2 .6
700,000
.
800,000 8.0 3.4 6.2 • .,._/�
• 900,000 7 8 3.2 • 6. 1
2.2
1 .000,000 7.6 . 3.0 _ 6.0 2.0
2,000,000 7 .0 2.8 5.6 1 .8
n 6.8
2.6 5.4 ! .6
• 5'oo. ono 5,000,000 6.2 2.3 5.0 1 . 3
•
10,000,000 5. 5 2.0 4.5 1 .0
For construction projects that are less than $50,000 in size, t`a .. -
compensation may be increased over that shown in the above table:.. The ea,;i
will be comp.:naated for basic -engisnering services based on a percenti of ti- _ .
total actual construction costs of projects of unusually complex. items such .
water treatment plants:, sewers, an: st.w.tge treatment plants, rehahilit.:tia:: of
existing treatment facilities as sl;.,wn in Table I , and for all other proje-:tts a:;
shown in Table 'II. The fee for pr:•ject costs falling between the f i ,urc•s 1h:r...i
in above tables shall he interpolated to nearest one-tenth perc,_nt . The c. ncr w`. 11
be in full a,;rccnent With tr:, en^,ineer ins roapLns:It ion a•id will un.1 rs'::-*-1 th.•
reasons why •;ueh co^pensat ion is justified.
B. The :ingineer also agrees to make an inspection of the facilities prior
to the end of the one-year warrant.; and report any deficiencies noted and ,
•
suggest ways of getting them corrected to the Association (Toe•:n, etc.) without
charge. .
•
C. • Ma::arum amount of loan and/or grant funds that can he authorized to cony .o_ i
sate an engineer for providing a full-tide resident inspector in accordance with
Section "C" of Agreement for f:ngin.•cring Services. Form FmilA 442-19, will be as
shown in Talles IA for wastewater systems and II A for water systems. ,,
.\-4A4/•;_ ____-
O:dNFR'S INITIAL `.
EtiGISEEc:'S INITIAL 6�'f.. -
MICROFILMED 1-18-83
CERTIFICATE OF COMPLIANCE WITH
CONSULTANTS COMPETITIVE NEGOTIATION ACT
This is to certify that the City of Cape Canaveral , Florida is in
compliance with the Consultants Competitive Negotiation Act (Chapter
73-19 House Bill No. 309) F.S. 287.055, in regard to contracting with
the firm of Briley, Wild & Associates, Inc. , consulting engineers,
said contract between the City of Cape Canaveral , Florida and Briley,
Wild & Associates, Inc. having been entered into prior to July 1,
1973.
411111111111111P41001114,1"'
Ric art . Scott, ity A torney or t.e
City of Cape Canaveral , Florida