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HomeMy WebLinkAboutResolution - Engineering Agreement , . '. ~. ENGINEERING AGREEMENT THIS AGREEMENT, made by and between the City of Ocoee, a muni- cipal corporation, Ocoee, Orange County, Florida, party of the first part, hereinafter referred to as the CITY, and KUHRT AND ASSOCIATES, INC., Consulting Engineers, having its principal place of business at 5400 Diplomat Circle, Orlando, Florida, party of the second part, hereinafter referred to as the ENGINEERS: ~ WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and other covenants hereinafter contained, the parties hereto do agree that ~iHEREAS, it is the desire of the CITY to have technical advice and assistance on matters pertaining to municipal engineering, and \*IEREAS, said advice and assistance is to be obtained from the said ENGINEERS, upon specific request by the CITY, as set forth hereinafter; NOW THEREFORE, in view of the considerations set forth herein, it is agreed that the ENGINEERS are hereby employed by the CITY to perform the following engineering services on specific projects upon authorization by the CITY in connection with existing and future street paving and drainage facilities, water supply, treatment and distribution facilities and waste water collection, treatment and disposal facilities for the City of Ocoee, Florida. If the CITY determines that construction of proposed facilities is feasible and desires to have the ENGINEERS prepare construction plans and specifications therefore, then, upon receipt of notification, in writing, by the CITY of authorization to proceed with the project, the ENGINEERS will perform the following services: ~ ~ . \ . ( 1. Consult with the CITY, including such departments as may be officially interested in the proposed work, and furnish necessary engineering advice and information to determine the exact scope of the proposed improvements; Prepare a brief written report (Preliminary Design Phase), including ENGINEERS' investigation, preliminary cost esti- mate and preliminary design criteria, it being understood that such report procedures may not be necessary for all projects; Prepare detailed construction plans and specifications (Detailed Design Phase), including tabulation of quantities and bid forms, together with instructions to Bidders, for the proposed improvements and furnish the CITY five (5) complete sets of documents for the CITY'S use; ~1ake such field surveys and investigations as may be re- quired by the ENGINEERS for the Detailed Design Phase; Consult with local, State and/or Federal agencies having a statutory and/or jurisdictional interest in the proposed improvements and assist the CITY in securing their approval thereof, as may be required; Prepare and furnish the CITY a confidential Engineering Estimate of the cost of the proposed improvements; Assist the CITY in awarding construction contracts for the proposed improvements, as the CITY may request, which shall include attendance at bid openings and preparation of bid tabulations; 2. 3. 4. 5. 6. 7. (2) ~ . 8. Inspect materials furnished to the said CITY to determine their quality, character and suitability for incorporation in the work and check and approve such equipment and other shop drawings as required; 9. Review and approve contractor's monthly statements of mater- ials furnished and work done, including a final statement upon completion of the project; 10. Make periodic visits to the site of the work during the course of construction and notify the CITY of any devia- tions from the approved plans and specifications; and 11. Furnish and file with the CITY, two sets of prints of re- cord drawings of the improvements as actually constructed, one of which shall be on stable material suitable for making blueprint or blueline reproductions therefrom. For the performance of the engineering services as outlined herein above, the CITY agrees to pay the ENGINEERS a fee equal to a percentage of the construction contract costs, in accordance with the schedule of such percentage fees set forth below. It shall be agreed that each authorization by the CITY is to be considered as a separate project, except for projects estimated to cost less than $25,000, in which case the fee shall be a sum equal to 3.15 times the ENGINEERS' payroll costs, defined as actual salaries paid to persons working on the project, Social Security contributions, unemployment and workmen's compensation insurance, health benefits, sick leave, and vacation and holiday pay applicable thereto and the authorized cost of field sur- veys, soil investigations, printing, travel and other out-of-pocket expenses. Payment of the percentage fee shall be based on the entire (3) cost of construction without deductions for penalties, liquidated damages or other amounts withheld from payments to the Contractor. Engineering percentage fees shall be determined as follows: If the cumulative construction cost of each contractual division of the work is: The fee for such contractual division shall be: ~ Under $25,000 $ 25,000 to $ 50,000 $ 50,000 to $100,000 $100,000 to $200,000 $200,000 to $300,000 $300,000 to $400,000 $400,000 to $600,000 $600,000 to $1,000,000 $1,000,000 to $2,000,000 Over $2,000,000 3.15 times payroll costs 11.0% of construction cost 10.0% of construction cost 8.5% of construction cost 8.0% of construction cost 7.5% of construction cost 7.0% of construction cost 6.5% of construction cost 6.0% of construction cost 5.5% of construction cost Payment of the fees for the engineering services will be due and payable as follows: A. A payment equal to 20% of the total percentage fee based on the ENGINEERS' preliminary cost estimate, upon completion of the Preliminary Design Phase; and B. A payment equal to 60% of the total percentage fee, based on the ENGINEERS' estimate of the construction cost of the fac- ilities, upon delivery of the completed plans and specifica- tions to the CITY. Each month during the performace of the Detailed Design Phase, the ENGINEERS shall be paid a percent- age of the total fee due during such phase as the work done during the preceeding month bears to the total work to be be performed in such phase. Such payment shall/computed upon the basis of the preliminary cost estimate for the project; and C. A final payment upon completion of construction of the various ~ (4) ~ . facilities, being the balance of the total percentage fee as set forth herein. D. For projects costing under $25,000, the fee shall be paid periodically as the work progresses and within a reasonable time after submission of statements to the CITY. If the CITY desires to have the ENGINEERS investigate and prepare a comprehensive engineering report regarding a major project, the ENGINEERS will prepare an ADDENDU~l to this agreement, for CITY'S ap- proval, which shall clearly delineate the scope of services to be furnished, including engineering fees to be paid, the method of pay- ment and what percentages of such fees, if any, would be applied to the fees for the Detailed Design Phase. If the CITY shall so request, in writing, the ENGINEERS will fur- nish the services of a full time inspector during the period of con- struction of the improvements and the CITY shall compensate the EN- GINEERS for the cost of providing such inspector at the rate of $65.00 per work day for time spent on the project, in addition to the per- centage fee as set forth herein. If the principals of the ENGINEERS are required to act as expert witnesses for or on behalf of the CITY, the CITY shall pay the ENGI- NEERS at the rate of $30.00 per hour for the time spent by the prin- cipals for the convenience of the Court, including travel time to and from the proceedings, plus the actual cost of travel and subsistance if the proceedings are held outside Orange County, Florida. If required by the CITY to prepare appraisals, valuations and feasibility studies of existing facilities, the CITY shall pay the ENGINEERS a fee equal to 0.75% of the total appraised value of such facilities. (5) . . . ' When authorized by the CITY to provide other services not included above, such as, but not limited to: engineering, property, boundary, right-of-way and topographic surveys; shop, mill or laboratory testing and inspection of materials; test borings and/or sub-surface explor- ations; density, compaction or other field or laboratory tests; work layout; and analysis of temporary structures and facilities, the EN- GINEERS shall be reimbursed by the CITY for the actual invoiced costs by other professionals for this work. The ENGINEERS agree to have representatives attend City Council meetings, City Planning rneetings and individual project meetings when requested by the CITY, or deemed advisable by the ENGINEERS and so authorized by the CITY, at a cost of $25.00 per hour, including travel time to and from the meetings. This rate shall include traveling expenses to and from the City of Ocoee. If during the course of any project the construction cost of which is over $25,000.00 and the payment of any ENGINEERING fee is to be determined by a percentage and the ENGINEERS are required by the CITY to prepare or revise additional plans owing to the CITY'S desiring to change said plans, and providing further, the changes, revisions or additional plans are not occasioned by any fault of the ENGINEERS, in that event the ENGINEERS shall be reimbursed by the CITY for the additional time spent making the changes, revisions or addi- tional plans at the rate of $14.00 per hour for the time of any ENGI- NEER required in the preparation of such changes, revisions or additional plans. All plans and specifications prepared by the ENGINEERS for the work shall be considered the property of the ENGINEERS until they (6) . . . . . . " . shall have been paid therefore, according to the terms of this Agree- ment. All original tracings shall be considered as instruments of service and shall remain the property of the ENGINEERS. THIS AGREEMENT shall be binding upon the heirs, legal represent- atives, successors and assigns of the parties hereto. Should conditions arise subsequent to the completion of plans and specifications for any project, which in the opinion of the CITY, make it advisable or neces- sary in its interest to cease work under this Agreement, the CITY may terminate this Agreement upon ten (10) days written notice to the ENGI- nEERS. Upon receipt of such notice, unless otherwise directed, the ENGINEERS shall immediately discontinue all further work hereunder. Upon such termination, the ENGINEERS shall thereupon be paid promptly that portion of the fee which the work actually performed by him shall bear to the total work contemplated under this Agreement, less fee payments previously made, also all such items of cost accrued or in- curred at the date of such termination and theretofore unpaid, all of which shall be payable in accordance with the fee schedule contained herein. Provided further that if no projects are pending either party may terminate this Agreement upon ten (10) days written notice. The CITY reserves the right, after ten days written notice to the ENGINEERS, to abandon any portion of the work contemplated under this Agreement prior to its completion, provided that the ENGINEERS shall be fully paid and compensated for all services rendered prior to the time of such abandonment, according to the remuneration to be paid the ENGINEERS as set forth herein. For uncompleted work in progress, pay- ment shall be proportional to the estimated percentage of completion. (7) . I' \ - . ,j I " . t IN WITNESS WHEREOF, the parties hereto have set their hands and seals in duplicate agreement this /~ day of "/rA . A.D. 1970. ATTEST: CITY OF OCOEE, FLORIDA (Party of the First Part) 6?/ULA- AI~ City Clerk /(_:-1)---' /' BY :if"}t tee! it) \7r?tf HUBER1 W. FOX, MAYOR (SEAL) ATTEST: KUHRT AND ASSOCIATES, INC. (Party of the Second Part) /17~'--1J-~~ / Secretary '" (SEAL)