HomeMy WebLinkAboutR-1989-045 i
RESOLUTION NO. 45-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE INTERLOCAL AGREEMENT FOR EMERGENCY
WATER INTERCONNECT BETWEEN THE CITY OF DANIA
AND BROWARD COUNTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission, City Manager. , City Engineer and
City Attorney of the City of Dania , Florida, have reviewed the
attached form of Agreement and find it to be appropriate to the
needs of the City of Dania.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania ,
Florida, does hereby approve the Interlocal Agreement for
Emergency Water Interconnect between the City and Broward County
covering a treated or finished water meter connection, a copy of
which is attached hereto and made a part hereof as Exhibit "A" .
Section 2 . That the Mayor-Commissioner, City Manager and
City Clerk-Auditor are hereby authorized and directed to forthwith
execute said Agreement on behalf of the City of Dania, Florida.
Section 3. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
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PASSED and ADOPTED this 18th day of April , 1989 .
-MAYOR- - COM ISS 7 R
ATTEST:
411
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By- C. d&4�,
FRANK C. ADLER, City Attorney
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Resolution No. 45-89
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U '0 BE RECORDED
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Budget N I
INTERLOCAL AGREEMENT
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EMERGENCY WATER INTERCONNECT
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This AGREEMENT , Made and entered into in Broward
County , Florida , This day of 1989 , by
and between BROWARD COUNTY, a political subdivision of the State
of Florida , hereinafter called "COUNTY" and City of Dania
hereinafter called "CITY" .
W I T N E S S E T H
WHEREAS , BROWARD COUNTY is the owner and operator of a
water treatment and a sewage/wastewater treatment plant , together
with water distribution and sewage or wastewater collection
facilities known as BROWARD COUNTY WATER AND SEWER SYSTEM .
WHEREAS , CITY owns or controls certain property or
supplies water service to an area in Broward County , Florida , as
shown and described in EXHIBIT "A" attached hereto and made a
part hereof; and all references hereinafter contained to C I T Y ' S
service area mean the property herein referred to ; and
WHEREAS , CITY is desirous of procuring water service
from the COUNTY for the service area described in Exhibit "A
and
WHEREAS , the parties hereto desire to enter into an
agreement setting forth the mutual understandings and undertak-
ings regarding the furnishing of said water services by COUNTY to
the service area hereinabove referred to; and
WHEREAS , this agreement and all stipulations and
covenants are acknowledged to be subject to the approval of the
Florida Department of Health and Rehabilitative Service , the
Florida Department of Environmental Regulation , the Broward
County Health Department , and any other regulatory agencies
having jurisdiction of the subject matter of this agreement .
NOW , THEREFORE , in consideration of the mutual cove-
nants and undertakings of the parties hereto and other good and
valuable considerations; the parties hereto covenant and agree
�.JJ subject to the above provisions of the fifth preamble each with
the other as follows :
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(A) It shall be the obligation of the CITY , at its
expense to design, construct and install water service lines and
water meter connection in accordance with plans , specifications
and engineering data as submitted by a Florida registered
engineer to be approved by the regulatory agencies and by the
COUNTY ' S consulting engineers or Director of Public Works , or its
authorized representative ; and said water meter connection shall
be installed and connected to COUNTY ' S existing water service
lines , all of which work shall be paid for by the CITY .
(B) The CITY shall , at its expense , retain the
services of the same registered professional engineer who pre-
pared plans and specifications for the water meter connection for
the purposes of providing necessary inspection and supervision of
the construction work to insure that construction is at all times
in compliance with accepted engineering practices and the ap-
proved plans and specifications . A copy of each field report
shall be submitted to COUNTY as each inspection is made . Should
there subsequently be cause or reason for the CITY to engage the
services of another registered engineer then CITY must notify the
COUNTY within five (5) days of such engagement .
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(C ) CITY shall arrange for and hold a preconstruction
meeting with the Director of Public Works or its authorized
representative together with CITY or CITY ' S engineer or
contractor. Notification of said meeting shall be made in writ-
ing and received by all parties seventy-two ( 72) hours in advance
and said meeting shall be held at least twenty-four (24) hours
prior to start of any/all phases of construction .
( D ) The work to be performed by CITY , as above
provided for, may not be commenced until all plans and specifica-
tions covering the work to be performed are approved in writing
by COUNTY' S Consulting Engineers or Director of Public Works or
its authorized representative .
( E ) CITY shall notify COUNTY before any construction
is begun and at the time when inspections shall be required .
Said notification shall be made in writing and shall be received
by the COUNTY at least twenty-four (24) hours in advance of the
time construction is begun or inspections shall be made .
( F ) During construction and at the time when periodic
inspections are required, COUNTY ' S Consulting Engineers or Direc-
tor of Public Works or its authorized representative, together
with CITY ' S engineer, shall be present to observe and jointly
witness tests for determination of conformance to approved plans
and specifications .
(G ) The work to be performed by CITY , pursuant to the
provisions set forth herein , shall be in accordance with all
requirements of the regulatory agencies having jurisdiction of
the subject matter of This agreement .
( H ) When the water meter connection has been satisfac-
torily installed , inspected , tested , and approved in writing by
the CITY ' S engineer, together with COUNTY ' S Consulting Engineer
or Director of Public Works or its authorized representative ,
the COUNTY shall thereafter maintain the water meter connection
system up to and within granted easements provided the obligation
of the COUNTY to maintain the water meter connection shall not
take effect until such time as CITY has conveyed title to said
systems to COUNTY and furnish the as-built drawings described in
Paragraph ( I ) below .
• ( I ) CITY shall , at its expense, and at no cost to
COUNTY , furnish the COUNTY one complete set of reproducible As-
Builts of the completed works or installations on transparent
film base or on such other transparent material as approved by
COUNTY plus eight (8 ) sets of As-Built prints made from the
original As-Built drawing. Said As-Built drawing to be on
transparent material and the prints shall be certified and sealed
by a Florida registered Engineer and must show all pertinent
information thereon . As-Built drawing information as to ease-
ments , the correct location of all mains , services , grades ,
invert elevations , heights related to known datun, and all appur-
tenances belonging to the completed works or installation at
option of the COUNTY , shall also be certified and sealed by a
Florida registered Professional Land Surveyor. The As-Built
drawing and all information shown thereon shall be to the approv-
al of COUNTY .
(J ) The CITY shall pay to the COUNTY the sun of zero
dollars for emergency only connection use ( $0 .00) for Water
System Capacity Charges based upon the rates in force . Said
Water System Capacity Charge shall be due and payable upon any
change to emergency only condition of this agreement by CITY .
CITY acknowledges and agrees that the aforesaid Water System
Capacity Charges are subject to change by COUNTY at any time and
that the rates or charges due and payable by CITY shall be those
prevailing at the time request for service is made.
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( K ) Should COUNTY , or the Director of Public Works
and/or the Director of the Office of Environmental Services or
their authorized representative determine that the safe maximum
operating capacity ( as in accordance with AWWA standards ) of a
meter is exceeded or may be exceeded , the COUNTY shall retain the
authority to require the appropriate size meter .
(L ) CITY shall pay to COUNTY the sum of
Zero
0 .00 for project inspection fee. Said project
inspection fee shall be due and payable upon execution of this
agreement by the CITY . This fee is calculated as set forth in
EXHIBIT "B" attached hereto and made a part hereof .
CITY agrees to pay at the rate of $22.50 per hour, per
inspector , for overtime inspections made by COUNTY ' S inspectors .
Overtime shall mean , any time outside of 8 : 30 a .m . to 5 :00 p .m. ,
Monday through Friday . All overtime charges shall be billed to
CITY and are to be paid prior to the acceptance of the
installations by COUNTY . Failure to pay overtime charges can
result in the water service being withheld by COUNTY.
(M) If for any reason caused by CITY , or its agents ,
the proposed connection is abandoned , terminated or caused to be
canceled short of full completion , it is mutually agreed by the
parties that this agreement is voidable by COUNTY . In the event
that COUNTY exercises its right to void this agreement, notice
shall be sent to CITY at the address set forth in Paragraph VI .
It is mutually agreed by the parties hereto that the monies paid
to the COUNTY shall serve as liquidated damages and no refund
sha11 accrue to the CITY . Failure to continue or proceed with
construction in a meaningful manner for a consecutive period (if
180 days shall be deemed to be an abandonment or termination .
Meaningful , as used herein is defined as proceeding with
construction in a normal manner customary and common in the
trade.
( N ) CITY shall install at its expense and at no cost
to the COUNTY an 8" turbine meter vault with all neces�saEX
appurtenances as approved by the COUNTY which sha11 be
constructed to specifications and standards approved by COUNTY
and as shown on the drawings prepared by Berry & Calvin , Inc .
Consulting Engineers dated September, 1988 , recorded in the
office of Broward County Public Works Department , Office of
Environmental Services , as Drawing No . _ which drawing is
incorporated by reference herein and made a part of this
agreement . A copy of which drawing is marked "Approved" and
delivered to CITY receipt of which CITY hereby acknowledges .
Upon satisfactory completion of said water meter con-
nection CITY shall transfer title of same to COUNTY , at no cost
to COUNTY , by BILL OF SALE ABSOLUTE in accordance with the terms
of Paragraph II ( 1 ) , (2 ) , (3 ) , (4 ) , (5 ) , ( 6 ) , ( 7 ) , (8 ) and (9 )
herein .
II
Upon completion , approval and acceptance of the work
required to be done CITY shall , without cost to COUNTY :
( 1 ) Convey to COUNTY and its successors and assigns by
good and sufficient easement deed , in a form satisfactory to
COUNTY , a perpetual right , easement and privilege to operate,
maintain, repair or replace all water mains , pipes , connections ,
pumps and meters within granted easements upon CITY ' S property
in connection with supplying water service to the inhabitants ,
occupants and customers in CITY ' S service area and secure from
each mortgagee and lienor a release of mortgagee; and 1ienors '
interest in the easement and fixtures hereon for so long as the
easement is used for the operation , maintenance, repair or
replacement of water mains , pipes , connections , pumps and meters
within the easements .
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( 2 ) Transfer to COUNTY by BILL OF SALE ABSOLUTE all
CITY ' S right , title and interest in and to all of the water
supply lines , mains , pumps , connection , pipes , valves , meters and
equipment installed up to and within granted easements and right-
of-way within the lands described in EXHIBIT "C " attached hereto
and made a part hereof for the purpose of supplying water service
within the CITY ' S service area . Said BILL OF SALE ABSOLUTE shall
be written in such a form as approved and accepted by COUNTY .
( 3 ) Furnish COUNTY with an AFFIDAVIT that all persons ,
firms or corporation who furnished labor or material used direct-
ly or indirectly in the prosecution of the work required to be
performed by this agreement have been paid . Said AFFIDAVIT shall
be written in such a form as approved and accepted by COUNTY .
( 4) Furnish COUNTY with RELEASE OF LIENS from all
contractors and suppliers of materials and/or labor who might
have acquired interest into the installations by the supplying of
materials and/or labor otherwise .
( 5 ) Furnish COUNTY with a FINAL RELEASE OF LIEN re-
leasing all liens which CITY might have on the
works/installations . Said FINAL RELEASE OF LIEN shall be written
in such a form as approved and accepted by COUNTY .
(6 ) Furnish COUNTY with all manufacturers ' warranties
which CITY might have received or is due to receive on any part
of the installations .
( 7 ) Pay to the COUNTY any and all applicable charges
which shall be due and payable prior to connection to COUNTY ' S
water system as set forth in Section 1 , paragraphs J & L .
(8) Furnish COUNTY with a satisfactory warranty or
bond guaranteeing installation pursuant to this agreement against
defect in material , equipment or construction for a period of not
less than one ( 1 ) year from date of acceptance of same by COUNTY .
Said warranty shall be in such a form as approved and accepted by
COUNTY .
( 9 ) Furnish COUNTY with COST LETTER stating the cost
of the installations done under this agreement . Said COST LETTER
shall be in such a form as approved by COUNTY .
III
COUNTY further covenants and agrees with CITY pursuant
to Paragraph 11 , ( 1 ) , ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) , (6 ) , ( 7 ) , ( 8) and (9 )
as follows :
( 1 ) COUNTY shall make its best efforts to furnish
water of the quality and purity meeting the standards required by
the Florida Department of Health and Rehabilitative Service , the
Broward County Health Department and any other regulatory agency
having jurisdiction ; and
( 2 ) COUNTY shall make its best efforts to supply , at
all times , for the use of the CITY at the point of connection to
its water system, a quantity of water under adequate pressure
satisfactory for domestic use at the CITY ' S side of the meter .
Provided the obligation of the COUNTY to furnish
service other than water for construction purposes shall not
arise until CITY has completed construction of the facilities
required to be constructed by CITY pursuant to this agreement and
has conveyed title to said facilities to the COUNTY as provided
herein .
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IV
It is mutually covenanted and agreed by and between the
parties as follows :
( 1 ) CITY shall do all things and make all instal -
lations and perform all work in accordance with the terms of this
agreement ; and
( 2 ) COUNTY shall not be Iiableinor vale risible for
maintenance or operation of any pipes , pl p
res
or equipment on any of the properties of the consumers or users
in the C I T Y ' S meter connection other than the water within
granted easement to COUNTY pursuant to Paragraph II (1 ) ; and
( 3) The CITY shall keep all water pipes , service
lines , connections and necessary fixtures and equipment in the
service area in good order and condition . The sale of water by
County to the city shall occur at the city ' s side of the meter ;
and
(4) No water from COUNTY ' S water system is to be used
or disbursed by CITY or its agents outside the indicated service
area to be served as shown in EXHIBIT "A" , attached hereto and
made a part hereof . The area of service may be extended only
with the written approval of the COUNTY , such document having
the same formality and of equal dignity as the original
agreement ; and
( 5 ) COUNTY shall maintain and test the meter( s ) and
annually shall have a test conducted by a A copy
yenotf ti ve of the
the annual
manufacturer or other competent entity .
report on meter( s ) inspection shall be furnished to CITY . CITY
may from time to time request permission to have a meter test
conducted . CITY shall submit the request at least 48 hours not
including weekends or holidays , prior to the test . In the event
the meter ( s ) is not accurate within the manufacturer ' s
recommended range , then COUNTY shall pay the costs of the test .
If the meter ( s ) is found to be within the recommended range , CITY
shall pay the cost of the test ; and
( 6 ) Water provided by the COUNTY to the CITY under the
provisions of this Agreement shall be only that water needed to
,.. provide temporary assistance in the event the CITY has an
emergency need for water beyond that available in its own system ,
while at the same time the water available to the CITY is in
excess of its current needs . Water shall be provided subject to
the following conditions :
a . The COUNTY and CITY each shall designate a member
of its permanent staff who shall receive all requests , and who
shall have the authority to approve or disapprove requests .
b . Each request for water shall be acted upon at the
sole option of the requested supplier . Neither party has
accepted any obligation either to supply or to accept any
specific quantity of water under any specific circumstances .
C . At its sole option , the COUNTY may establish , and
enforce by unilateral control of valves under its control , limits
as to: times of the day and/or days of the week during which
delivery will or will not be made ; the rates of flow at which
delivery will be made ; the pressure at which delivery will be
made ; and/or the total volume of water to be delivered over one
or more designated periods . Neither party shall be responsible
for any adverse effects that its adjustments in valve settings ,
flows and/or pressures might produce in the water system and/or
customer' s property of any other parties receiving water through
either respective water system.
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j d . The receiving party agrees to exercise prompt and
diligent effort to eliminate its need to obtain augmenting
f supplies .
( 7 ) CITY agrees that , should the metering equipment
be found to be inaccurate beyond the manufacturer ' s range of
accuracy , the meter shall be assumed to be inaccurate since the
last meter check or for a period of three months , whichever time
should be less , and that the following month ' s billing shall be
adjusted to show a credit or additional charge to CITY for that
period; and
(8 ) CITY agrees that , if at any time the metering
system shall be inoperative or in any way fails to provide infor-
mation with respect to the quantity of flow into CITY ' S water
system , CITY shall pay to COUNTY a daily amount equal to the
average flow of the thirty day period prior to the date the meter
became inoperative ; and
(9 ) CITY agrees that COUNTY shall bill CITY for water
provided to CITY on a monthly basis in accordance with its
standard billing procedure, CITY shall pay such billings within
thirty days of the date of mailing the monthly bill . Should CITY
not pay within the thirty day period , CITY shall pay an
additional ( ) % of the bill . Should a billing or a portion of
the billing be outstanding for a period of more than forty-five
days from the date of the original billing, then CITY shall be
considered in default and COUNTY , in addition to all other rights
and remedies , shall have the right and power , by suit , action ,
mandamus or other such proceedings at law or in equity , to
protect , enforce , and compel performance by the CITY and any of
the officers , agents or employees of said CITY to perform and
carry out its and their duties and obligations under this
agreement or applicable law; and
( 10) COUNTY agrees that the rates , fees and charges to
be billed to CITY shall be the rates in effect at the time of the
billing and shall be the same rates as are charged to other
customers of the same class . It is understood that the rates ,
fees and charges may from time to time be amended and adopted by
the Board of County Commissioners at a Public Hearing; and
( 11 ) CITY shall submit a map indicating the area to be
served as a result of this agreement and shall be shown as
... EXHIBIT "A" , attached hereto and made a part hereof . The area of
service may be extended only with the written approval of COUNTY ,
such document having the same formality and of equal dignity as
the original agreement ; and
( 12) CITY and COUNTY agree that this agreement shall
not be canceled on any condition except by a mutual cancellation
agreement between the parties hereto, which shall be a written
document executed with the same formality and of equal dignity
herewith .
( 13 ) Both parties agree that all legal requirements for
execution of this agreement have been performed and each party
hereto agrees to exchange with the other certified copies of the
official records of its governing body which authorize the execu-
tion of This agreement ; and
( 14 ) Any temporary cessations or interruptions of the
furnishing of water service to the property described herein at
any time caused by an Act of God , fires , strikes , casualties ,
accidents , power failures , maintenance work , breakdowns , damage
to equipment or mains , civil or military authority , riots or
other cause beyond the control of the COUNTY shall not constitute
a breach of the provisions contained herein or impose liability
upon the COUNTY by the DEVELOPER , its successors and assigns ;
and
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( 15 ) If any section , subsection , sentence, clause ,
phrase or portion of this agreement is for any reason held inva-
lid or unconstitutional by any court of competent jurisdiction ,
such portion shall be deemed a separate distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof .
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IN WITNESS WHEREOF , the parties hereto have made and executed 1
this Agreement on the respective dates under each signature :
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS , signing
by and through its Chairman , authorized to execute same by Board
action on the day of , 19_; and
signing by and throw h
same . .
9 duly authorized to execute
COUNTY
BROWARD COUNTY through its
ATTEST BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of
Broward County , Florida ,Chairman
day of 19
Approved as to form and legality
by Office of the County Attorney
for Broward County , Florida
JOHN J . COPELAN, Jr. , Office of
the County Attorney , Govern-
mental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone : (305) 357- 7600
By
Assistant County Attorney
CITY OF DANIA
ATTEST BY: City Manager
City Clerk-Auditor BY
Mayor
day of 19
STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY , That on This day before me personally
appeared
and
as President and Secretary respective y o
WITNESS my signature and official seal at
County State of
his day of
198
My Commission expires : Notary Public
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+ Exhibit "A"
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CORPORATE LIMITS OF THE CITY OF DANIA
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Area to be served
Broward County Office of Environmental Services designated
Drawing No .
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EXHIBIT "B "
I RATE SCHEDULE OF CHARGES FOR WATER AND WASTEWATER SERVICE FOR BROWARD
COUNTY OFFICE OF ENVIRONMENTAL SERVICES ACCORDING TO RESOLUTION
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON SEPTEMBER 27 , 1983 AND
EFFECTIVE OCTOBER 1 , 1984.
WATER AND WASTEWATER SYSTEM CAPACITY CHARGES
Customer Class Water Charges WW Charges
Single Family Residence . . . . . . . . . .$570 .00 per unit $440 .00 per unit
Multiple Family/Mobile Homes . . . . . 330 .00 per unit 275 .00 per unit
Hotel /Motel . . . . . . . . . . . . . . . . . . . . . . 280 .00 per unit 250.00 per unit
Recreational Vehicle . . . . . . . . . . . . . 255 .00 per unit 195 .00 per unit
C/M/ I (BY METER SIZE)
Meter Size
5/8" or 3/4" . . . . . . . . . . . . .570 .00 per meter . . . . . 440 .00 per meter
1 .. . . . . . . . . . . . . . . . . 1 ,425 .00 per meter . . . . 1 , 100 .00 per meter
1 1/2$1 . . . . . . . . . . . .2 ,850 .00 per meter . . . .2 , 200 .00 per meter
2" . . . . . . . . . . . . . . . .4 ,560 .00 per meter . . . .3 ,520 .00 per meter
3.. . . . . . . . . . . . . . . . .9 ,120 .00 per meter . . .7 ,040 .00 per meter
41. . . . . . . . . . . . . . . .14 ,140 .00 per meter . . .11 ,000 .00 per meter
6 .. . . . . . . . . . . . . . . .28 ,500 .00 per meter . . .22 ,000 .00 per meter
8.. . . . . . . . . . . . . . . .45 ,600 .00 per meter . . .35 ,200 .00 per meter
10" . . . . . . . . . . . . . . .65 ,550 .00 per meter . . .50 ,600 .00 per meter
12 .. . . . . . . . . . . . . . . .88 ,350 .00 per meter . . .68 ,200 .00 per meter
PROJECT PLAN REVIEW FEE
The Division ' s Engineering Section shall estimate the construction
cost of the project to be reviewed based on the project owner ' s
approved quantity takeoff.
A onetime fee of 0 .5 percent of the estimated project construction
cost shall be charged to the project owner, due and payable prior to
approval of project owner ' s plans . MINIMUM CHARGE TO OWNER IS $20 .00 .
PROJECT INSPECTION FEE
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' The Division ' s Engineering Section shall estimate the construction
cost of the project to be inspected . An inspection fee shall be
charged to the project owner. For project cost (p .c . ) less than
$75 ,000 the inspection fee shall equal
p .c . x [0 .2 ( 75 ,000-p .c . ) /75 ,000 divided by 0 .54]
Where p .c . is equal to or greater than $75 ,000, the inspection shall
be
p .c . x 0 .054
EXAMPLE : WHERE PROJECT COST = $2 ,500.00
Fee 75 ,000 minus 2 ,500 = 72 ,500
72 ,500 x 0 .2 = 14 ,500
14 ,500 divided by 75 ,000 = 0 .193
. 193 divided by 0 .054 = .247
.247 x 2 , 500 = 618 .33
PROJECT INSPECTION FEE . . . . . . . . . . . . .$618 .33
Project owner shall pay all inspection overtime at a rate of $22.50
per hour/inspector . These fees to be billed to project owner
periodically , and must be paid in full prior to issuance of a
Certificate of Occupancy .
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EXHIBIT "C "
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