Exh 8E Part 1AGENDA #8E
DECEMBER 11, 2000
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Engineering Contract -Water Master Plan and Consumptive Use Permit
Renewal Application
SUBMITTED BY: Robert S. Kosoy, P.E., Public Works Drrector
Donna Katuzniak, Utility Drrector
DATE: December 4, 2000
BACKGROUND: The City Commission's Strategic Plan identified mapping and master planning as
high priority concerns. The Sewer Master Plan is now complete, azrd a Water Master Plan was included
in the current fiscal year's budget.
As in the Sewer Master Plan, the Water Master Plan will include both the Atlantic Beach and
Buccaneer Utility Districts, and will require mapping of the entire water system in a format
compatible with our Geographic Information System (GIS), a combination mapping/database
program used by many utilities. Also included is an analysis of"system flows, pressures, and
detention times, as well as an efficiency and benchmarking review. The Master Plan will
include a Ten Year Capital Improvement Program, with prioriy/ rankings, a time line, and
probable costs for improvements. In addition, the engineer will prepaze reports and documents to
complete the application for renewal of the City's Consumptive Use; Permit (CUP), which must be
submitted to the St. Johns River Water Management District by June i3, 2001.
Requests for Proposals (RFPs) were advertised on October 15, 2000, and staff received proposals from
nine firms on November 14, 2000. Based on the review of proposals and subsequent interviews with
three of the engineering firms, and in accordance with the Constiltants Competitive Negotiation Act
(Florida Starirte 287.055), staff selected the top three fums deemed to be the most highly qualified to
perform the required services:
1. Camp, Dresser & McKee, Inc.
2. PBS&J
3. The R-A-M Professional Group, Inc.
On November 27, 2000, the City Commission authorized staff to negotiate a contract with Camp,
Dresser & McKee, Inc. Staff has negotiated a proposed contract with Camp; Dresser & McKee to
complete the above studies and reports in the amount of $145,000.
BUDGET: Funds in the amount of $140,000 for the Water Master Plan and Consumptive Use
Permitting were budgeted in the Water Utility Fund, under account munbers 400-4001-533-3100 and
400-4301-533-3100. Additional contingency funds aze available to contribute to the project in the
amo~mt of $5,000 under the above two account numbers for a total of $145,000 in available monies.
Page 1
AGENDA #8E
DECEMBER 11, 2000
RECOMMENDATION: Awazd the contract for prepazation of the Water Master Plan and Consumptive
Use Permit Renewal Application to Camp, Dresser & McIiee in the amount of $145,000. Authorize the
City Clerk to send notification of the award to the firm, and authorize the City Manager to silm the contract
with Camp, Dresser & McKee.
ATTACHMENTS: 1. Request for Proposals
Z. .Contract proposal from Camp, Dresser & McKee
3. Proposals from all firms on file City Clerk
REVIEWED BY CITY MANAGER:
*Proposals azebnok-length doaunents, and it is is
review the proposals may contact the City Clerk or
review.
al to make copies. Anyone who wishes to
Works o'Ffice and copies will be provided for
Page 2
AGENDA #SE
DECEMBER 11, 2000
CDM
consulting
engineering
consHUUion
operations
Camp Dresser & McKee Inc.
6650 Southpoint Parkway, Suite 330
Jacksonville, Florida 3227 6
Te1:90428}-0170 Fax:904281-0323
December 4, 2000
Mr. Robert S. Kosoy, P:E.
Director of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach; FL 32233
Subject: Atlantic Beach and Buccaneer Water Master Plan and CUP Renewal
Application
Scope of Work and Fee Proposal
Dear Mr. Kosoy:
CDM is pleased to transmit to you two copies of the scope of services and fee proposal for
the above referenced project. This scope and fee refle'Cts our most recent discussions
regarding the needs of the City for this project. Upon approval by the City Commission,
we will execute the contracts.
We look forward to meeting with you and your staff to undertake this challenging project
for the Water Department and the City of Atlantic Beach.
INC.
Donald E.
Associate
P.E., DEE
~~ ~' \.
C',. 1.
J s`~
`<: UD
c:4wMrew\eiw136.aoc
AGENDA#8E
DECEMBER 11, 2000
This document has important legal consequences; consultation with as attorney :is encouraged with respect to iu use
or modification. This document should be adapted to the particular circumstances of the contemplated Project and
the Controlling Law.
:,
STANDARD FORM OF AGRE]1MENT
BETWEEN OWNER AND ENGINEER
_ FOR
PROFESSIONAL SERVICES
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COt12MtTTEE
,, and
Issued and Published Jointly By
®~ National Society of
~~~ Professional Engineers
AMERICAN CONSULTING Pmlesslonal fngineeain Prrrd(e Practice AMERICAN SOCIETY OF
ENGINEERS COUNCIL ~ cNIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRJVATE PRACTICE
~~ a practice divisiort aj/he ~ _
NATIONAL SOCIETY OF PROFESSIONAL ENGINEiERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCtL•TY OF CIVIL ENGINEEP.S i
This Agreement has been prepared fot use with the Standard Gcncral Conditions of dte Construction Contract (No.
1910-5, 1996 Edition) of the Engineers Join[ Contract Documents Committer. Titcir provisions arc interrelated, and
a change in one may necessitate a change in dte otlur. For guidance in the preparation of Supplementary
Conditions, sec Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). for guidance
on dlc completion and use of dtis Agreement, see UCQC Users Guide, No. 1916-50.
UCDC Na. 1910-I (1996 Edition)
AGENDA #8E
DECEMBER 11, 2000
l
Y
Copyright °1996 National Soeicty of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Cotmcil
1015 15th Stzcct N.W., Washington, DC 20005
American Soeicty of Civil Engineers
345 East 47th Strcct, Ncw York, NY 10017
AGENDA #8E
DECEMBER 11, 2000
TABLE OF CONTENTS
~e
ARTTCLEI-SERVICES OF ENGINEER ....:............................................ 2
1.01 Scope .....................................................
ARTICLE 2 -OWNER'S RESPONSIBILITIES ......:............. ~.................:....... ;., 2
2.01 General ................................>•............................. 2
ARTICLE 3 -TIMES FOR RENDERING SERVICES ..............."........................... 2
3.01 General ...........:.....................................:........... 2
3.02 Suspension ........................................................... 2
ARTICLE4-PAYMENTS TO ENGINEER ................................................ 2
4.01 Metfiods of Payment fot Services and Reimbursable Expenses of ENGINEER ................ 2
4.02 Other Provisions Concerning Payments :.:...................................... 2
ARTICLES-OPINIONS OF COST ..................................................... 3
5.01 Opinions of Probable Construction Cost .............................. r........: 3 ~`
5.02 Designing to Construction Cost Limit ............... . .......................... 3
5.03 Opinions of Total Project Cosu ...............:............................. 3
ARTICLE6-GENERAL CONSIDERATIONS .............................................. 3
6.01 S[andazds of Performance ................................................: 3
6.02 Authorized Project Representatives ........................................... 4
6.03 '' Design without Construction Phase Services ..................................... 4
6'.04 Use of Documents ...................................................... 5
6.05 Insurance ............................................................ 5
6.06 Tetmination ..............................:........................... 6
6.07 Controlling Law ...........................................:........... 6
6.08 Successors, Assigns, and Beneficiazies ......................................... 6
6.09 Dispute Resolution ... : .................................................. 7
6.10 Hazardous Environtnen[zl Coadi[io^ .......................................... 7
6.11 Allocation of Risis ..................................................... 7
6.12 Notices ............................................................. 8
6.13 Survival ............................................................ 8
r, 6.14 Severabiliry .......................................................... 8
6.15 Waiver ....................................................-..~...... 8
6.16 Headings ................................................:.... ':....... 8
ARTICLE7- DEF[NITIONS .......................................................... 8
7.01 Defined Terms ...................................:.................... 8
ARTICLE 3 -EXHIBITS AND SPECIAL PROVISIONS ....................................... I I
S.OI Exhibits Included ..................................................... . l l
8.02 "Coral Agrccmcn[ ......................:....................... ......... l t
AGENDA #8E
DECEMBER 11, 2000
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of _
City of Atlantic Beach
("Effective Date") between
("OWNER") and
Camp Dresser &-McKee Inc.
("ENGINEER").
OWNER intends to oreoare a Water Master Plan and Cc,Lsumptive Use Permit
Application. The Master Plan will include the creation of a
water system GIS and. an update of the existing water system
aulic model.
("Project").
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agee as follows:
Standazd Form of Agreement
Between Owner and Engineer for Professional Services
Page 1 of 12
AGENDA #8E
DECEMBER 11, 2000
ARTICLE 1 -SERVICES OF ENGINEER
3.02 Suspension
1.01 Scope
A. ENGINEER shall provide the Basic and Additional
Services set forth herein and in Exhibit A.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin Basic Services as set forth
in Exhibit A.
C. If authorized by OWNER, ENGINEER shall furnish
Resident Project Representative(s) with duties,
responsibilities and limitations of authority as set forth in
Exhibit D.
ARTICLE 2 - OWNER'S RESPONSIBILITIF"S
2.01 General
A. OWNER shall have the responsibilities set forth
herein and in Exhibit B.
ARTICLE 3 -TIMES FOR RENDERING SERVICES
3.01 Genera!
A. ENGINEER'S services and compensation under this
Agreement have been agreed to in anticipation of the orderly
and continuous progress of the Project through completion.
Unless specific periods of time or specific dales for providing
services are specified in this Agreement, ENGINEER'S
obligation to render services hereunder will be for a period
which may reasonably be required for the completion of said
services.
z,
B. [f in this Agreement specific periods of time for
rendering services aze se[ forth or specific dates by which
services are to be completed. aze provided, and if such
periods of time or dates are changed through no fault of
ENGINEER, the rates and amounts of compensation
provided for herein shall be subject to equitable adjustment.
[f OWNER has requested changes in the scope, extent, or
character of the Project, Ute time of performance oC
ENG[NEL-R's scrvices shall be adjusted equimbly.
C. For purposes of ibis Agreement Utc term "day"
means a calendar day of 24 hours.
A. If OWNER fails to give prompt written authorization
to proceed with any phase of services after completion df the
immediately preceding phase, or if ENGINEER'S services
aze delayed through uo fault of ENGINEER, ENGINEER
may, after giving seven days written notice to OWNER,
suspend services under this Agreement.
B. If ENGINEER'S services aze delayed or'stupendeii in
whole or inTpart by OWNER, or if ENGINEER'S services
are extended iiy' Contractor's actions of inactions for more
than 90 days through no fault of ENGINEER; ENGINEER
shall be entitled to equitable adjustment of rates and amounts
of compensafion provided for elsewhere in this Agreement to
reflect, reasonable [:osts incurred by ENGINEER in
connection with,,...:2xrtong other things, such delay. or
suspension and reactivation and the fact that the time for
performance under this Agreement has been revised.
ARTICLE 4 -PAYMENTS TO ENGINEER
4.01 Methods of Payment for Services and
Reimbursable Expenses of ENGINEER '
A. For Basic Services. OWNER shall pay ENGINEER
for Basic Services performed or furnished under Ezhibi[ A,
Part 1, as set forth in Fixhibit C.
B. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or furnished
under Exhibit A, Part ?„ as set forth in Exhibit C.
C. For Reimbursable Expenses. in addition [o payments
provided for in pazagraphs 4.OLA and 4.Ol.B, OWNER
shalt pay ENGINEER for Reimbursable Expenses incurred
by ENGINEER and ENGINEER'S Consultants as set fnrUr in
Exhibit C.
4.02 Other Provisions Concerning Payments
A. Preparariart oj(nvoices. Invoices will be prepued in
accordance with ENGINEER'S standard invoicing practices.:... :~
and will be submitted to OWNER by ENG[NEER, unless
otherwise agreed. The amount billed in each invoice will be
calculated as set forth in Exhibit C.
B. Paymenr ajlnvaices, Invoices arc ducand payable
within 30 days of receipt. IC OWNER fails ro mal:c any
payment due ENGINEF'sR Cor scrvices and expenses wittin
30 days afterscccipt of ENGINEER'S invoice Utcrc(or, Uu
amounts due ENGINEER will be increased at dre ram of
L09o per month (or Ute maximum rate of interest pcnnined
Standard Form of Agreement
Between Owner and Engineer for Processional Services
Page 2 of 12
by law, if less) from saidthirtieth'day. In addition,
ENGINEER may, after giving seven days writtesnotice to
OWNER, suspend services under [his Agreement until
ENGINEER bas been paid in full all amounts due for
services, expenses, and other related charges. Payments will
be credited fast to interest and then to principal.
C. Disputed Invoices. In the event of a disputed or
contested invoice, only that portion so contested may be
withheld from payment, and the undisputed portion will be
paid.
D. Paymems Upon Termination.
1. In the event of any termination under paragraph
6.06, ENGINEER will be entitled to invoice OWNER and
will be paid in accordance with Exhibit C for all services
performed or furnished and all.Reimbursable Expenses
incurred through the effective date of termination.
2. In the event of termination by OWNER for
convenience or by ENGINEER for cause, ENGINEER,
in addition to invoicing for those items identified in
subparagraph 4.02.D.1, shall be entitled to invoice
OWNER and shall be .paid a reasonable amount for
services and expenses directly attributabte to termination,
both before and after the effective date of termination,
such as reassignment of personnel, costs of terminating
contracts with ENGINEER'S Consultants, and other
related cSgse-out costs, using methods and races for
Additional Services as set forth in Exhibit C.
E. Records of ENGINEER'S Costs. Records of
ENGINEER'S costs pertinent to ENGINEER'S compensation
under this .Agreement shall be kept in accordance with
generally accepted accounting practices. To the extent
necessary to verify ENGINEER'S charges and upon
OWNER'S «mely request, copies of such records will be
made available to OWNER at cost.
,F. Legislon've Actions. In the event of legislative actions
after the Effective Date of the Agreement by any level of
government that impose. taxes, fees, or costs on
ENGINEER'S services or other costs in connection with [Iris
Project or compensation therefor, such new taxes, fees, or
costs shall be invoiced to and paid by O~YNER as a
Reimbursable Expense [o which a Factor of 1.0 shall be
applied. Should such taxes, fees, or costs be imposed, they
shall be in addition to ENGINEER'S estimated total
compensation.
AGENDA #8E
• DECEMBER 11, 2000
ARTICLE 5 -OPINIONS OF COST
5.01 Opinions of Probable.Construction Cost
A. ENGINEER'S opinions of probable Construction Cost
provided for herein are to be made on the basis of
ENGINEER'S experience and qualifications and represent
ENGINEER'S best judgment as an experienced and qualified
professional generally familiar with the industry. However,
since ENGINEER has no control over the cost of labor,
materials, equipment, or services furnished by others, or
aver the Corftractor's methods of determining prices, or over
competitive bidding or market conditions; ENGINEER
cannot and does not guarantee that proposals, bids, or actual
Construction Cost will not vary from opinions of probable
Construction Cosrprepazed by ENGINEER. If OWNER
wishes greater assurance as to probable Construction Cost,
OWNER shall employ an independent cost estimator as
provided in Exhibit B.
5.02 Designing to Construction Cost Limit
A. If a Construction Cost limit is established between
OWNER and ENGINEER, such Construction Cost limit and
a statement of ENGINEER'S rights and responsibilities with
respect thereto will be specifically set forth in Exhibit F,
"Construction Cost Limit," to.this Agreement.
5.03 Opinions of Total Project Costs
A. ENGINEER assumes no responsibility .for the
accuracy of opinions of Total Project Costs.
ARTICLE 6 - GENIiRAL CONSIDERATIONS
6.01 Standazds of Performance
A. The standard of care for all professional engineering
and related services performed or furnished by ENGINEER
under this Agreement. will be the care and shill ordinarily
used by. members of ENGINEER'S profession practicing
under similar circumstances at the same time anti in the same
localiry. ENGINEER makes no warranties, express or
implied, under this Agreement or otherwise, in connection
with ENGINEER'S services.
B. ENGINEER shall be responsible for dte technical
accuracy of its services and documents resulting therefrom.
and OWNER shall no[ be responsiblc foe discovering
dcficiencics therein. ENGINEER shall turret[ such
deficiencies without additional compensation except to the
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 3 of l2
AGENDA #SE
DECEMBER I I, 2000
extent such action is directly attributable to deficiencies in
OWNER-furnished information.
C. ENGINEER shall perform or furnish profes`siona!
engineering and related services in all phases of the Project
to which this Agreement applies. ENGINEER shall serve as
OWNER's prime professional for the Project. ENGINEER
tray employ such ENGINEER'S Coastiltants as ENGINEER
deems necessary to assist in the performance or ftrnishing of
the services. ENGINEER shall not be required to employ
any ENGINEER'S Consultant unacceptable to ENGINEER.
D. ENGINEER and OWNER shall comply with
applicable Laws or Regulations and OWNER-mandated
standards. This Agreement is based on these regtirements as
of its Effective Date. Changes'to these requirements afrer
the Effective Date of this Agreement may be the basis for
.modifications to OWNER'S responsibIlities or to
ENGINEER'S scope of services, times of performance, or
compensation. _
E. OWNER shall be responsible for, and ENGINEER
may rely upon, the accuracy and completeness of all
requirements, programs, instructions, reports, data, and other
information furnished by OWNER to ENGINEER pursuant
to this Agreement. ENGINEER may use such requiremenu,
reporu, data, and information in performing or furnishing
services under this Agreement..
F. OWN~'R shall make decisions and carry out its ocher
responsibilities in a timely manner and shall bear ail costs
incident thereto so as not [o delay the services of
ENGINEER.
I. During the Construction Phase, ENGINEER shaii'not
supervise, direct, or have control over Contractor's work,
nor shall ENGINEER have authority over or responsibility
for. the means, methods, techniques, sequences, or
procedures of constntt:tion selected by Contractor, for safety
precautions and programs incident to the Contractor's work
in progress, nor for any failure of Contractor to comply with
Laws and Regulations applicable to Contractor's furnishing
and performing the Work.
J. ENGINEER neither guazantees the performance of
any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform. the Work in
accordance with the Contract Documents.
K. ENGINEER shall not be responsible for the acu or
omissions of any Contractor(s), subcontractor or supplier, or
of any of the Contractor's agents or employees or any other
persons (except ENGINEER'S own employees) at the Site or
otherwise furnishing or performing any of the Contractor's
work; or for any decision made on interpretations or
clarifications of the Contract Documents given by OWNER
without consultation and advice of ENGINEER.
L. The Genera! Conditions for any construction contract
documents prepared hereunder aze to be the "Standard
Genera! Conditions of th.e Construction Contract" as prepared
by the Engineers Joirt Contract Documents Comminee
{Doctimedt No. 1910-8, 1996 Edition) unless both parties
mutually agree to use other General Conditions as specifically
referenced in Exhibit J.
6.02 Authorized Project Representatives
G. Prior to the commencement of the Construction
Phase, OWNER shall notify ENGINEER of any variations
from the language indicated in Exhibit E, "Notice- of
Acceptability of ~Vork," or of any other notice or
cenifica[ion [hat ENGINEER will be requested to provide [o
OWNER or third ponies in connection with the' Project.
OWNER and ENGINEER shall reach agreement on the
terms of any such requested notice or certification, and
OWNER shall authorize such Additional Services as arc
necessary to enable ENGINEER to provide the notices or
certifications requested.
H. ENGINEER shall not be required [o sign any
documents, no maaer by whom requested, that would result
in the ENGINEER'S having to certify, guarantee or warrant
the existence of conditions whose existence the ENGINEER
cannot ascertain. OWNER agrees no[ [o make resolution o[
any dispute with the ENGINEER or payment of any amount
due to the ENGINEER in any way contingent upon the
ENGINEER'S signing any such unification.
A. Contemporaneous with the execution of thi<
Agreement, ENG[NEE.R and .OWNER shall designate
specific individuals to art as ENGINEER'S and OWNER'S
representatives with respect to Che services to be performed
or Furnished by ENGINE'.ER and responsibilities of OWNER
under this Agreement. Such individuals shall have authority
to transmit Instructions, receive information, and render
decisions relative to the Project on behalf of-S'achrespective
Par[S'
6A3 Design without Construction Phase Services
A. Should OWNER provide Construction Phase services
with either OWNER'S ropresentatives or a third parry,
ENGINEER'S L'asic Scroices under this Agreement will be
considcretl to be completed upon complc[ion of the Final
Dcsi~n Phase or bidding or Negotiating Phase as oudincd iti
Exhibit A.
Standard Form of Agreement
between Owner and Engineer for Professional Services
Page 4 of 12
AGENDA #3E
DECEMBER 11, 2000
B. It is understood and agreed that if ENGINEER'S
Basic Services under this Agreement do not include Project
observation, or review of the Contractor's perfotn;ance, or
any other Construction Phase services, and that such services
will be provided by OWNER, then OWNER assumes ail
responsibility for interpretation of the Contract Documents
and for construction observation or review and waives any
claims against the ENGINEER that may be in any way
connected thereto.
6.04 Use of Documents
A. All Documents aze instruments of service in respect
to this Project, and ENGINEER shall retain an ownership
and property interest therein (including the right of reuse at
the discretion of the ENGINEER) whether or nocthe Project
u completed.
B. Copies of OWNER-furnished data that may be relied
upon by ENGINEER are limited to the printed copies (also
known as hard copies) that aze delivered to the ENGINEER
pursuant to Exhibit B. Files in electronic media format of
tent, data, graphics, or of other types that are furnished by
OWNER [o ENGINEER are only for convenience of
ENGINEER. Any conclusion or information obtained or
derived from such electronic files will be at the user's sole
risk.
C. Copses of Documents that tray be relied upon by
OWNER ate limited to the printed copies (also known as
hazd copies) that are signed or sealed by the ENGINEER.
Files in electronic media format of text, data, graphics, or of
other types that are famished by ENGINEER to OWNER are
only for convenience of OWNER. Any conclusion or
information obtained or derived from such electronic files
wilt be at the user's sole risk.
operating systems, of computer hazdwaze differing from
those used by E'.NGINEER at the beginning of this Project,
F. OWNER: may make and retain copies of Documents
for information and reference in connection with use on the
Project by OWNER. Such Documents aze not intended or
represented to be. suitable for reuse by OWNER or others on
extensions of the Project or on any other project, Any such
reuse or modification without written verification or
adaptation by_ENGINEER, as appropriate, for the"specific
purpose „mended, will be at OWNER'S sole iisk and without _
Liability or'legal exposure to ENGINEER or to ENGIIVEER's
Consultants: ~ ObVNER shall indemnify and hold harmless
ENGINEER and L^"^ NGINEER's Consultants from all claims,
damages, losses, and expenses, including attorneys' fees
arising out of or resulting therefrom,
G. If there is a discrepancy between the electrdt[ic fifes
and the hard copies, the hard copies govern.
H. Any verification or adaptation of the Documents for
ez[etuiotu of the Projec[ or for any otheeproject will en[itle
ENGINEER to fw~ther compensa[ion at rates to 6e agreed
upon by OWNER and ENGINEER.
6.05 Insurance
A. ENGINEER. shalt procure and maintain insurance as
set forth in Exhibit G, "Insurance; " '
B. OWNER shall procure and maintain insurance as see
forth in Exhibit G, "Insurance." OWNER shall cause
ENGINEER and ENGINEER'S Consultanus to be listed as
additional insureds on any general liability or propeny
uuutance policies carried by OGVNER which are applicable
to the Project.
D. Because data srored in electronic media format can
deteriorate or be modified inadvertendy or o[herwise withou[
authorisation of the data's creator, the party receiving
elecuonic files agrees tha[ i[ will perform acceptance [esu or
procedures widtin 60 days, after which the receiving party
shall be deemed to have accep[ed the data thus transferred.
Any errors detected within the 60~day acceprncc period will
be correcred by the party delivering the ciectronic files.
ENGINEER shall not be responsible to maintain documents
stored in electronic media format after acceptance by
OWNER.
L-. 1Vhen transferring documents in electronic media
format, ENG[NEL-R makes no represcnta[ions as to lon_
[erm compa[ibiliry, usabiliry, or readabiliry of documents
resulting from the use oC software application packages,
C. OWNER shall require Contractor to purchase and
maintain general liabiliq~ and other insurance as specified in
the Contract Daumects and [o catse ENGINEER and
ENGINEER'S Connilrants to be listed as additional insureds
with respect to such lizbilin~ and other insurance purchased
and maintained by Contractor for the Project. '
D. OWNER and ENGINEER shall each deliver to the
other certificates of insurance evidencing ilte coverages
indicated in Exhibit G. Such certificates shall be furnished
prior to. commencement of ENGINEER'S services and a[
renewals thereafter during the fife of rite Aerccmcnt.
G All policies of property insuance shall contain
provisions to dtc c(Cect dtat C•NGINEER's and ENGINL•L=R's
Consultants' interests arc covcrcd and that in thu cvcnt of
payment of any loss or damage the insurers will hnvc no
Standazd Form of Agrcemcm
Benvecn Owner and L•nginecr for Professional Services
Page 5 of l2
rights of recovery against any of the insureds or additional
insuredsthezeunder.
F. At a~ time, OWNER may request that ENGINEER,
at OWNER's sole expense, provide additional insurance
coverage, increased limits, or revised deductibles that aze
more protective than those specified in Exhibit G. If so
requested by OWNER, with the concurrence of ENGINEER,
and if commercially available, ENGINEER shall obtam and
shall require ENGINEER'S Consultants to obtain such
additional insurance coverage, different limits, or revised
deductbles for such periods of time as requested: by
OWNER, and Exhibit G will be supplemented to incorporate
these requirements.
6.06 Termination
A. The obligation to provide further services under this
Agreement may be terminated:
1. Far cause,
AGENDA #8E
DECEMBER 11, 2000
then the care period provided for herein shall extend
up to, but iu no case more than, 60 days after the
date of receipt of the notice.
~.
2. For carsverrience, ~ .
a. By DOWNER effective upon the receipt of
notice by ENGINEER.
B. The terminating party under paragraphs 6.06:A.1 or
6.t36.A.2 may set dae effective date of termidation at a time
up to 30' days later than otherwise provided. to allow- -
ENGINEER tb•demobilize personnel and equipment from the
Site, to complete taslu whose value would otherwise be lost,
to prepaze notes as to the status of completed and
uncompleted tasks, and to assemble Project materials in
orderly files.
6.07 Controlling Law
A. This Agreement is to be governed by the law of the
state in which the Project is located.
a. By either party upon 30 days wriuen notice in
the event of substantial failure by the other party to 6.08 Successors, .Assigns, and Beneficiazies
perform is accordance with the terms hereof through
no fault of the terminating party.
b. By ENGINEER:
1) upon seven days .written notice if
ENGINEER believes that ENGINEER is being
requested by OWNER to furnish or perform
services contrary to ENGINEER'S
responsibilities as a licensed professional; or
A. OWNER and ENGINEER each is hereby bound and
the partners, successors, executors, administrators and legal
representatives of OWNER and ENGINEER (and to the
extent permitted by pazagraph 6.08.B the assigns of OWNER
and ENGINEER) aze hereby bound to the other party to this
Agreement and to the partners, successors, executors,
adminisnators and 1eg;a1 representatives (and said assigns) of
such other parry, in respect of all covenants, agreements and
obligations of this Agreement.
2) upon seven days written notice if the
ENGINEER'S services for the Project zre
delayed or suspended for more than 90 days for
reasons beyond ENGINEER'S control
3) ENGINEER shall have no liability to
OWNER on account of such termination.
c. Notwithstanding the foregoing, this
Agrcement will not terminatb-as~~a'result of such
substantial failure if the party receiving such notice
begins, within seven days of receipt of such notice,
[o correct its failure to perform and proceeds
diligcndy to curt such failure within no more than 30
days of receipt dtereof; provided, however, that i(
and to dtc ez[cdt such substantial failure cannot be
reasonably cured within such 30 day period, and if
such parry has diligently attempted to cure the same
and thereafter continues diligcndy to cure the same,
B. Neither OWNER nor ENGINEER may .assign,
sublet, or transfer any rights under or interest (including, but
without limimtioa, mcneys that aze due or may become due)
in this Agreement without the written consent of the other,
except to the ez[em that any assitnment, subletting, or
transfer is mandated or resnicted by law. Unless specifically
stated to the contrary in any .written-consent to an
assignment, no assignment will release or 6ischarge the
assignor from any duty or responsibility under this
Agrcement.
C. Unless expressly provided otherwise in this
Agrecment:
L Nothing ira this Agrcement shall be consented to
create, impose, or y_ivc rise to any duty owed by OWNER
or ENGINEER to any Contractor, Contractor's
subcontractor, supplier, other individual or entity, or to
any surety for or employee of any of dtcnt.
Standard Form of Agrecment
Between Owner and Engineer for Professional Services
Page 6 oC t2
nuENDA #8E
DECEMBER 11, 2000
2. All dufles and responsibilities undertaken pursuant
to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINEER and not for the
benefit of any other party. The OWNER agreesfthat [he
substance of the provisions of this paragraph 6.08.C shall
appeaz in the Contract Documents.
"arranger;" "operator," "generator," or "transporter" of
hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of
1990 (CERCLA), which aze or may be encountered at or
near the Site in connection with ENGINEER'S activities
under this Agreement.
6.09 Dispute Resolution
A. OWNER and ENGINEER agree to negotiate all
disputes between them in good faith for a period of 30 days
from the date of notice prior to exercising their rights under
Exhibit H or other provisions of this Agreement, or under
law. In the absence of such an agreement, the parties may
exercise their tights under law.
B. If and to the extent that OWNER and ENGINEER
have agreed on a method and procedure for resolving
disputes between them arising out of or relating to this
Agreement, such dispute resolution method and procedure is
set forth in Exhibit H, "Dispute Resolution."
b.10 Hazardous Envirotunental Condition
A. OWNER represents to Engineer that to the best of its
knowledge a Hazardous Environmental Condition does not
exist.
B. OWNER has disclosed to the best of its knowledge to
ENGINEER the existence of all Asbestos, PCB's, Petroteum,
Hazardous Waste, or Radioactive Material located at or near
the Site, including type, quantity and Location.
C. If a Hazardous Envirotunenta! Condition is
encountered or alleged, ENGINEER shall have the obligation
to notify OWNER and, to the extent of applicable Laws and
Regulations, appropriate governmental officials.
D. [t is acknowledged by both parties that ENGINEER'S
scope of services does not include any services related to a
Hazardous Environmental Condition. In the event
ENGINEER or any other parry encounters a Hazardous
Environmental Condition, ENGINEER may, at its opdoq and
without liability for consequential or any other damages,
suspend performance of services on the porrion of the Projec[
affected thereby until OWNER: (i) retains appropriate
specialist consultan[(s) or contractor(s) to idemify and, as
appropriate, abate, remediate, or remove the Hazazdous
Environmental Condition; and (ii) warrants that the Si[e is in
Full compliance widt applicable Laws and Regulations..
E. OWNER acknowledges that ENGINEER is
performing professional services for OWNER and drat
ENGINEER is not and shall not be requited to become an
F. If ENGINEER'S services under this Agreement
cannot be performed because of a Hazardous Environmental
Condition, the existence of the cond$ion shall justify
ENGINEER'S [etminating this Agreemenffor causb on 30
days notii!e.
6.11 Allocation of Risks
A. indemnification
1. To„ the... fullest extent permitted by law,
ENGINEER shall indemnify and hold harmless OWNER,
OWNER'S officers, directors, partners, and employees
from and against any and all cosu, losses, and damages
(including bu[ not. limited [o all fees and chazges of
engineers, azchitects, attorneys, and other professionals,
and all court ar azbitration or other dispute resolution
costs) caused solety by the negligent acts or omissions of
ENGINEER or ENGINEER'S officers, directors,
partners, employees, and ENGINEER'S Consultants in
the performance and furnishing of ENGINEER'S services
under this Agreement.
2. To the fullest extent permitted by law, OWNER
shall indemnify and hold harmless ENGINEER, --
ENGINEER'S officers, directors, partners, employees,
and ENGINEER'S Consultants from and against any and
all costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys,
and other professionals, and all court or arbitration or
other dispute resolution .costs) caused solely by the
negligent acu or, omissions of OWNER or OWNER'S
officers, directors, partners, employees, and OWNER'S
consultants with respect to this Agreement or the Project.
3. To the Culles[ ez[ent permitted by law,
ENGLNEER's total liability to OWNER and anyone
claiming by, .through, or under 01VNER for any cost,
loss, or damages caused in part by the neelit:encc of
ENGINEER and in pan by the neglisence of OWNER or
any other negligent entity or individual, shall net exceed
dte percentage share the[ ENGINEC-R's. nc3lisencc bears
to the total ncglig-ndc of OWt.'GR, ENGINEER, and all
other negligent cntitics and individuals.
4. In addi[ion to the indemnity provided under
paragraph G.I I.A.? of this Agreement, and to dtc fullest
Standard Fornt of Agrccmen[
Be[ween Owner and Engineer for Professional Scn~iccs
Page 7 of l2
extent permitted by taw; OWNER shall indemnify and hold
harmless ENGINEER and its officers, directors, partners,
employees, and ENGINEER'S Consultants from and against
all costs, losses, and damages ('including but not limited m all
fees and charges of engineers, architects, attorneys, and other
professionals, and all court or azbitration or other dispute
resolution costs) caused by, arising out of or resetting from
a Hazardous Environmental Condition, provided that (i) any
such cost, loss, or damage is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of
tangible property (other than completed Work), including the
loss of use resulting. therefrom, and (ii) nothing in this
paragzaph 6.11.A.4. shall obligate OWNER to indemnify any
individual or etuity from and against the consequences of tha[
individual's or entity's own negligence or willful misconduct.
5. The indemnification provision of pazagraph
6.11.A.1 is subject to and limited by the provisions
agreed to by OWNER and ENGINEER in Exhibit I,
"Allocation of Risks," if-any.
6.12 Notices
A. Any notice required under this Agreement will be in
writing, addressed to the appropriate party at its address on
the signature page and given personally, or by registered or
certified mail postage prepaid, or by a commercial courier
service. All notices shall be effective upon the date of
receipt.
6.13 Survival
A. All express representations, indemnifications, or
(imitations of liability included in this Agreement will survive
its completion or termination for any reason.
6.14 Severability
A. Any provision or part of the Agreement held to be
void or unenforceable under any laws or Regulations shall
be deemed stricken, and alt remaining provisions shall
con[inue to be valid and binding upon OWNER and
ENGINEER, who agree that the. Agreement shall be
reformed to replace such su-icken provision or part thereof
:..,.,.with a valid and enforceable provision that comes as close as
possible Co expressing the intention of the stricken provision.
6.15 Waiver
A. Non-enforcement of arty provision by either pany
shall no[ constimtc a waiver of that provision, nor shall it
affect the enforceability of drat provision or of the remainder
of tills Agrcemctit.
AGENDA #8E
DECEMBER 11, 2000
6.16 Headings
A. The headings used in this Agreement are for general
reference only and do not have special significance. ' '~
ARTICLE 7 - DEFTNTPIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the
Exhibits heireto) and printed with initial or all capital letters, -
the terms listed.beloty have the meanings indicated, which
are applicable m both. the singulaz and plural [hereof:
1. Addenda--Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Documenu.
2. Additional Services-The services to be
performed for or famished to OWNER by ENGINEER in
accordance with Exhibit A, Part 2 of this Agreement.
3. Agreement--This "Standard Fotm of Agreement
between OWNER and ENGINEER for Professional
Services," including those Exhibits listed in Article 8
hereof.
4. Application for Payment-The farm acceptable to
ENGINEER which is to be used by Contractor in
requesting progress or final payments for the completion
of its Work and v!hich is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
5. Asbestos--Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
6. Basic Services--The services to 6e performed for
or furnished to OWNER by ENGINEER iltaccordance
with Exhibit A, Pan: I, of this Agreement.
7. Bid--The offer or proposal' of the bidder
submitted on the prescribed form setting forth the prices
for the Work to be performed.
8. Bidding L'ucumenrs--The advertisemcn[ or
invitation to IIid, ins ructions to bidders, dtc~[iid Corm and
attadtments, the [lid bond, if any, the proposed Contract
Documents, and all Addenda, if any.
Standard Form of Agreement
I3ctwcen Owner and Engineer for Professional Services
Page S of I2
AGENDA #SE
DECEMBER 11, 2000
9. Qtange Order-A document recommended by
ENGINEER, which is signed by Contractor and OWNER
to authorize an addition, deletion or revision in the'YVork,
or an adjustment in the Contract Price or the Contract
Times, issued on or afrer the Effective Date of the
Construction Agreement.
10. Construction Agreement-The written instrument
which is evidence of the agreement, contained in the
Contract Documenu, between OWNER and Contractor
covering the Work.
11. Coturiuction Contract-The entire and integrated
written agreement between the OWNER and Contractor
concerning the Work.
12. Contruction Cost-The cost to OWNER of those
portions of the entire Project designed or specified by
ENGINEER. Construction Cost does not include costs of
services of ENGINEER or other design professionals and
consultants, cost of land, rights-of-way, or compensation
for damages to properties, or OWNER'S costs for legal,
accounting, insurance counseling or auditing services, of
interest and financing chazges incurred in connectibn with
the Project, or the cost of other services to be provided by
others to OWNER pursuant to Exhibit B. of this
Agreement. Construction Cost is one of the items
.comprising Total Project Costs.
13. Contract Documents--Documenu that establish
the rights and obligations of the parties engaged in
construction and include the Construction Agreement
between OWNER and Contractor, Addenda (which
pertain to the Contract Documents), Contractor's Bid
(including documentation accompanying the Bid and any
post-Bid documentation submitted prior to the notice of
awazd) when attached as an ezhibi[ ro the Construc[io^
Ageement, the notice to proceed, the bonds, appropriate
certifications, the General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as me
same aze more specifically identified in the Construction
.Agreement, together with ail Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER'S written .interpretations and
clarifications issued on or after the Effective Dace of the
Construction Agreement. Approved Shop Drawings and
the reports and .drawings of subsurface and physical
conditions are no[ Contract Documents.
-14. Contract Price--llte moneys payable by OIVNER
to Contracor for completion of dte Work in accordance
with the Contract Documents and as stated in the
Construction Agreement.
IS. Camrarz Times-The numbers of days or the
dates stated in the Construction Agreement to: (i) achieve
Substantial Comgletion, and (ii) complete the Work so
that it is read}+ for final payment as evidenced by
ENGINEER'S written recommendation of final payment.
16. Contractor-An individual or entity with whom
OWNER enters :into a Construction Agreement.
17. Correcn`on Period-The time afrer Substantial
Complt:[yon during which Contractor mtut correct, at no
wst to OW,13ER, a~ Defective Work, normally one yeaz
after rite date of Substantial Completion or such longer
period of time as may be prescribed by Laws or
Regulations or by the terms of any applicable special
guarantee or specific provision of the Contract
Documents:
18. Defecrivt°-An adjective which, when modifying
the word Work, refers to Wotk that is unsatisfactory,
faulty, or deficiea6 in that it does not conform to the
Contract Documents, or does not meet the requirements
of any inspection„ reference standazd, test, or approval
referred to in the Contract Documents, or has been
damaged prior to ENGINEER'S recommendation of final
payment.
19. Doctvnents-Data, reports, Drawings,
Specifications, Record Drawings, and other deliverables,
whether in printed or electronic media forma[, provided
or furnished in appropriate phases by ENGINEER to
OWNER pursuant to this Agreement.
20. Drmvings-That pan of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the A'ork to be
performed by Contractor. Shop Drawings ate no[
Drawings as so defined.
21. Effective mate of the Construction Agreement--
The date indicated in the Construction Agteement on
which it becomes effective, but if no-spch date is
indicated, it mean; the date on which the Constmction
Agreement is signed and delivered by the last of the nvo
parties to lien and deliver.
22. Effective Date of dte Agreement--The date
indicated in this Agreement on which it becomes
effective, but if no such date is indicated, it means the
date on which d[e Agreement is signed and delivered by
the fast of the two parties to sign and deliver.
23. L•NGINEER's Coruuhants--Individuals or entities
having a contract with ENGINEER to furnish services
Standard Form of Agreement
Bcnvecn Owner and Engineer for Professional Services
Page 9 of IZ
AGENDA #SE
DECEMBER 11, 2000
with respect to this Project as ENGINEER'S independent
professional associates, consultants, subcontractors, or
vendors. The term ENGINEER includes ENGINEER'S
Consultants. `
24. Field Order-A written order issued by
ENGINEER which directs minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
25. General Conditions-That part of the Contract
Documents which sets forth terms, conditions, and
procedures that govern the Work to be performed or
furnished by Contractor with respect to the Project.
26. Hazardous Environmental Condition-The
presence at the Si[e of Asbestos, PCB's, Petroleum,
Hazardous Waste, or Radioactive Materials in such
quantities or circumstances that may present a substantial
danger to persons or -property exposed thereto in
connection with the Work.
27. Hazardous Waste-The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) az
amended from time to-time.
28. Laws and Regu(atians; Laws orRegulations-Any
and all applicable laws, rules, regulations, ordinances,
codes, standards, and orders of any and all governmental
bodies, ' • agencies, authorities, and courts having
jurisdiction:
29. PCB's--Polychlorinated biphenyls.
30. Penoleum--Petroleum, including crude oil or any
frac[ion thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum,.
fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil
mined with other non-Hazardous Waste and crude oils.
31. Radioactive MateriaLr--Source, special nuclear,
or byp[oduct material as defined by the Atomic Energy
Ac[ of 1954 (42 USC Section 2011 e[ seq.) az amended
from [tine to time.
32. Record Drawings--The Drawings as issued for
construction on which the ENGINEER, upon completion
of the Work, has shown changes due to Addenda or
Change Orders and other information which ENGINEER
considers significant based on record documents furnished
by Contractor to ENGINEER and which wecc annotated
by Contractor to show ch.•tnges made during construction.
33. Reimbursable Expenses-The expenses incurred
directly by ENGINEER in connection with the performing
or furnishing of Basic and Additional Services for the
Project for which OWNER shall pay ENGINEER as
indicated in Exhtbit C.
34. Resident Project Representative-The authorized
represenmtive of ENGINEER, if any, azsigned to assist
ENGINEER at the Si[e during the Construction Phase.
The Resident Project Representa[ive will, be
ENGINEER'S' ;,gent or employee •apd under
ENGIN&$R's supervision. As used herein, the term
Resident Project Representative includes any assistants of
Resident Project Representative agreed to by OWNER.
The duties and responsibIlities of the Resident Project
Representative are as set forth in Exhibit D.
-- 35. Samples-Physical ' examples of .materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
36. Shop Drawings--A11 drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to ENGINEER to
illustrate some portion of the Work.
37. Site-Lands or areas indicated in the Contract
Documents az being, furnished by OWNER upon which
the Work is to be performed, rights-of--way and easements
for access thereto, and such other lands furnished by
OWNER which are designated for use of Contractor.
38. Speciftcarions--That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship az a.pplied to the Work and certain
adminis[rative details applicable thereto.
39. Substantial Completion--The time ar which the
1Vork (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (oc
a specified pan thercot) is sufficiently complete, id
accordance with the Contract Documents, so that the
Work (or a specified pan thereof) can be u[ilized for she
purposes for which it is intended. The teens
"substantially complete" and "substantially completed" as
applied to alS or parr of dtc Work refer [o Substantia{
Completion dtercof.
Standard Form of Agreement
between Owner and Engineer for Professional Scrvicrs
Page 10 of 12
AGENDA #SE
DECEMBER 11, 2000
40. Supplementary Corutirioru-That part of the ARTICLE 8 - EXHIBTTS AND SPECIAL rtcU~IONS
Contract Documents which amends or supplements the
General Conditions.
41. Iota! ProjeeY Costs-The sum of the Construction
Cost, allowances for contingencies, the total coszs of
services of ENGINEER or other design professionals and
consultants, cost of land, righzs-of-way, or compensation
for damages to properties, or OWNER'S costs for legal,
accounting, ina,ran~ counseling or auditing services, or
interest and financing charges incurred is connection with
the Project,. or the cost of other services to be provided by
others to OWNER .pursuant to Exhibit B . of this
Agreement.
42. Work-The entire completed construction or the
various sepamtefy identifiable parts thereof required to be.
provided.under the Contract Documents with respect to
this Project. Work includes and is the result of
performing of furnishing labor, services, and
documentation necessary to produce such construction and
famishing, .installing, and incorporating. all materials and
all erlttiptnent into such construction, all as required by
the Coavact Documents.
43. Work Change Directive--A written directive to
Contractor issued on or after the Effective Date of the
Construction Agreement and signed by OWNER upon
recommendation of the ENGINEER, ordering an
addition deletion, or revision in the Work, or responding
to 'differing or unforeseen subsurface or physical
conditions under which the Work is to be pecfotmed or to
emergencies. A Work Change Directive will not change
the Contract Price or the Contract Times but is evidence
that the parties expect that the change directed or
documen[ed by a Work Change Directive will be
incorporated in a subsequently issued Change Order
following negotiations by the parries as to its effect, iF
any, on the Contract Price or Contract Times.
44. Wrtttert Amendment--A written amendment of the
''Contract Documents signed by OIVNER and Contractor
on or after the Effective Date of [he Construction
Agreement and normally dealing widt the non-engineering
or non-technical rather than strictly consrructionaelated
azpec[s of the Convect Documents.
8.01 Exhrbits Included
A. Exhibit A, "ENGINEER'S Services, ^ consisting of
Page
B. Exhibit B„ "OWNER'S Responsibilities," consisting
of 3 pages. ,
C. Exhibit C,. "Payments to Engineer ~fdr Services and-
Reimbursable Expenses," consisting of ~1 pages.
D. Exhibit D, "Duties, Responsibilities and Limitations
of Authority of Resident Project Representative," consisting
of N/A pages.
E. Exhibit E, "Notice at' Acceptability of Work,"
consisting of N/P, pages.
F. Exhibit F, '"Constmction Cost Limit," consisting of
N/A pages. "
G. EzIubitG,"Insurance,"consisting of N/A pages.
H: Exhibit H, "Dispute Resolu[ion," consisting of
N A pages.
I. Exhibit I, "Allocation of Risks," consisting of N A
pages.
J. Exhibit J, "S,pecial Provisions," coosisting of N J'A
pages.
8.02 Total Agreement
A. This Agreement (consisting of pages t ro _
inclusive, together with the Exhibits identified above)
cons[im[es the entire asreemcnt between OWNER and
ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a.duty executed
written instrument.
'~~r.
Standard Porm of Agrccmcn[
6ctwcen Owner and Engineer for Professional Scrvires
Page 1 i of I2
AGENDA #SE
DECEMBER 11, 2000
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on
page L.
OWNER: ENGINEER: -
By: Jim Hanson
Title: Citv Manager
Date Signed:
Address for giving notices:
Citv of Atlantic Beach
800 Seminole Road
Atlantic Beach. FL 32233
Designated Representative (paragraph 6.02.A):
~~,~~~, I~rvv
Title: Public Works Director
Phone Number: ~ 904) 247-5834
FacsimileNumber:~904) 247-5843
E-Mail Address: bkosoy@ci.atlantic-
' beach.fl.us
By: Donald E. Maurer, P.E., DEE
Title:Associate
Date Signed:
Address for giving naiices:
Camp Dresser & McKee Inc.
6650 Soutiipoint Pkwy., #330
Jacksonvi_le, FL 32216
Designated Representative (pazagraph 6.02.A):
Title: Protect Manager
Phone Number: (904) 281 -01 70
Facsimile Number:~9 0 4) 2 81 - 0 3 2 3
E-Mail Address: lvnnag@cdm. com
-s
"•z
Standazd Fotm of Agreement
Between Owner and Engineer for Professional Services
Page 12 of I2
AGENDA #8E
DECEMBER 11, 2000
This is E.~CI-IIBIT A, consisting of -pages,
referred to in and part of the Agreement
between OWNER and ENGINEER for
Professional Services dated 2000.
Initial:
OWNER
ENGINEER
ENGINEER'S Services
Article 1 of the Agreement is amended and supplemented to include the following agreement of
the parties. ENGINEER shall provide Basic and Additional Services as set forth below.
PART 1 -BASIC SERVICES
CDM Project No.:
Title of Project: Atlantic Beach and Buccaneer Water Master flan and Consumptive Use Permit
RenewalJApplication
1.0 DESCRIPTION OF TASK ORDER
The work effort to be completed by CDM for Task Order No. 2000-2 consists of the
preparation of a Water Master Plan for the Atlantic Beach and Buccaneer Utility Systems
and a renewal of the City's Consumptive Use Permit (C'UP). The planning effort will
include incorporation of the City's water system maps into a Geographic Information
System (GIS). The City would like several issues to be addressed in the Master Plan
which include the ability to treat water to meet current and upcoming regulations,
softening, taste and odor removal, and the overall competitiveness and efficiency of the
utility as a whole.
2.0 .SCOPE OF SERVICES
TASK 1 Review of Existing Conditions
This task provides for the compilation and review of data concerning the City's water
system as well as associated landuse and population data.
1.1 Review Data
1.1.1 Collect and review data on existing land use, zoning, population, proposed
develogments, water demand, water quality, fire flow regulations, and other
historical water system information for the service azea for both the Atlantic
K:WdeewViwllS.dm
AGENDA #8E
DECEMBER 11, 2000
Beach and Buccaneer systems.
1.1.2 Perform a review of the 1984 Buccaneer Water Distribution System Analysis,
1996 Water Distribution System Hydraulic Analysis. Review the City's
Comprehensive Development Plan and the con•esponding Evaluation and
Appraisal Report as they apply to the City's water service azea. Perform a review
of the St. Johns River Water Management Dist~dct's (SJRWMD's) Needs and
Sources Document and Water Supply Plan (Water 2020) as they apply to the City.
1.1.3 Review and collect water system as-built plans„ Water System AutoCAD
drawings, and the City's sewer and parcel files. The files will beprovided to
CAM by the City in a CD-Rom or PC-Compatible format.
1.1.4 Review the major capital construction and operations events relating to the water
system which have occurred since the last update of the Water System AutoCAD
drawings.
1.1.5 Compile monthly operating reports (MORs) for the potable water system for the
period of January 1996 to December 2000, inclusive. Tabulate critical pazameters
such as average daily flow (ADF), maximum day flow (MDF), raw water
pumpage to finished water pumpage ratios, raw and finished water quality, and
chemical dosages.
1.1.6 Review existing and proposed (published) United States Environmental
Protection Agency, Florida Department of Environmental Protection, St. Johns
River Water Management District, and Duval County Health Department
regulations as they pertain to the City's water system.
1.1.7 Review and evaluate the two most recent triennial water quality analyses for the
potable water system. Review and evaluate distribution system ttihalomethane
data for the previous 12 quarters.
1.1.8 Review and evaluate available raw water quality data.
1.1.9 Review available pressure recording and fire hydrant testing data for the potable
water distribution system.
TASK 2 Water System GIS Development
This task consists of the prepazation of a water system (iIS which contains information
on the City's water plants, wells, water mains, valves, and fire hydrants.
2.1 Develop Data Conversion Plan and Pilot Project
x:wa«~us.ao~
AGENDA #8E
DECEMBER I1, 2000
CDM will develop a data conversion plan and complete a pilot project. The data
conversion plan will outline CDM's process for developing the water system GIS and
will provide a GIS database design.
CDM will conduct a pilot project to test the methodologies outlined in the data
conversion plan. The pilot project will be completed ar a sample City neighborhood.
CDM will meet with City to deliver the Data Conversion Plan and to discuss the pilot
project. If needed, the Data Conversion Plan will be revised based on comments
provided by City.
2.2 Develop Water System GIS
CDM will develop a GIS of the potable water system. The GIS will be developed by
automating information contained on City's AutoCAD drawings and water as-built maps.
GPS points will be captured for all hydrants, all mains 10" and above, and 400 additional
points as needed. The water system information that will be automated, where
information is available, includes:
Water Main Pipes Water Main Valves
Hydrants Hydrant Valves
High Service Pump Stations Water Plants
Interconnects Wells
The process CDM will complete to develop the GIS is as follows:
1. Prepaze City's land base to accept water facility information, import all captured
GPS files into the GIS,. and complete the necessary QC to ensure the data is
accurate and integrates correctly.
2. Use a combination of ARC/INFO and AutoCAD softwaze to automate water
distribution information. Water system features will be placed based on the
captured GPS points, existing AutoCAD drawings, available as-built drawings, as
_.,~,........- well as through a set of rules fo be established as part of the data conversion plan..M:~.~~,..,..
Extract all applicable attribute information from the source documents and insert
information in applicable databases. Table 1 outlines the information that will be
collected, if available. CDM will design the GIS database to account for the
attribute fields as shown in Table 1. OWNER vrill provide a staff person for
approximately 24 hours per week starting January 22 to input attributes into the
GIS database
K;WdreWUiwl]S.dx