Loading...
HomeMy WebLinkAbout2001 01 08 Consent C Hickory Grove Park Road Improvements COMMISSION AGENDA ITEM C CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR January 8, 2001 Meeting MGR ;v:::; J~ Authorization REQUEST: Public Works Department Requesting Authorization to Execute Amendment 69- Hickory Grove Park Road for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: The purpose of this Board item is to request authorization for the execution of Amendment 69 for the design of Hickory Grove Park Road Improvements with Conklin, Porter & Holmes Engineers, Inc. at a cost of$87,968.50. CONSIDERA TIONS: This amendment is needed to design the Hickory Grove Park Road roadway and utility improvements for the Town Center pursuant to the commitments in the Doran Developer Agreement. The Hickory Grove Park Road improvements will run from Main Street (Tuskawilla Road) westward along the north and west boundaries of the Kingsbury (Doran) property. Hickory Grove Park Road has been designated a collector road in the updated Traffic Circulation Element. The required right of way is currently under contract for purchase with the Kingsbury's. The scope of work includes surveying, design, and permitting for the roadway, drainage and utility improvements needed for Hickory Grove Park Road, The cost breakdown is $10,007,50 for surveying, $70,236 for design, $5,225 for soil services and $2,500 for environmental services for a total of $87,968.50. The City's obligation per the Doran Agreement is to complete design and permitting by August 1, 2001. The preliminary construction cost estimate is $1,600,000 that includes roads, stormwater, water/sewer, and amenities. January 8, 2001 Consent Agenda Item C Page 2 FUNDING: The initial funding source for this project expenditure of$87,968.50 is the capital improvements line code of the Transportation Impact Fee Fund - (140-56310). We anticipate requesting the inclusion of this project in the renewal of the One-Cent Sales Tax Program. The funds for this project will be expended over the next 210 days. RECOMMENDATION: It is recommended that authorization be given for the execution of Amendment 69 for the design of Hickory Grove Park Road with Conklin, Porter & Holmes Engineers, Inc. at a cost of$87,968.50 payable from the capital improvements line code ofthe Transportation Impact Fee Fund - (140-56310). IMPLEMENTA TION SCHEDULE: The scope of services will be completed within 210 days of approval. ATTACHMENTS: 1. Amendment 69 COMMISSION ACTION: A TT ACHMENT NO. 1 . AMENDMENT 69 TO AGREEMENT DATED NOVEMBER 27, 1984 CONSULTING ENGINEERING SERVICES FOR HICKORY GROVE PARK ROAD ROADWAY AND UTILITIES (TUSKAWlLLA TO S.R. 434) BETWEEN THE CITY' OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated January 8, 2001, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 . GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements to Hickory Grove Park Road from Tuskawilla Road to S.R. 434. The length of the road construction' is approximately 1500 lineal feet. The roadway cross section will be in general compliance with the Town Center concept. Modification is required due to available ROWand other considerations. In addition, we will provide a design for a lift station and gravity sewer to serve the Blumberg and Kingsbury tracts. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 The ENGINEER will serve as the OWNER'S professional engineering representative in those phases of the project to which this Amendment applies, and will give consultation and advice to the OWNER during the performance of his services. The ENGINEER will perform the services for the City Commission under the general supervision of the City Manager and Utilities Director and will submit interim plans to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans, specifications and permitting for the Hickory Grove Park Road Roadway Improvements. . 3.1.1 Stormwater The stormwater solution needs to be integrated with the Kingsbury property and Tuskawilla Road. The first stormwater solution was described in the master Drainage Plan and it consisted of enhancing the existing ponds and building a new pond on School Board property. Upon detailed, further investigations, we were informed that this property was deeded to St. Johns River Water Management District (SJRWMD.) and was notavailable forstormwater use. We will investigate the following alternatives: a) Use of part of the wetlands deeded by Schrimsher for a pond. This will require detailed discussions with SJRWMD and mitigation/compensation for wetlands destruction. b) Re-evaluation of the FOOT drainag'e map and where stormwaternow flows with the development of the High School. We may be allowed to discharge water into the FOOT system. Several areas were collected by FOOT for "attenuation." If we provide "treatment" volume, we should be able to discharge an equivalent "attenuation" volume. We believe we can expand the City Hall pond to provide the "treatment" volume for the area. c) We believe it is necessary to divide the road and the Kingsbury tract to drain to two separate basins. One to the City Hall site and one to the Tuskawilla Road side. d) We will investigate the possibility of using the existing stormwater pond at the Southeast corner of the high school site for "treatment" volume and discharging across to the wetlands for "attenuation" volume. e) We will investigate the use of approximately one (1) acre of uplands remaining at the Northeast corner of the high school site and the use of the ROW on the north end of Tuskawilla Road (north of Orange Avenue) for possible treatment and/or attenuation ponds. f) We will retain the services of a geotechnical consultan,t to evaluate the soils conditions of the proposed retention area and the roadway. g) Assist the OWNER in negotiations with the Seminole County School Board on the one-acre tract for stormwater retention. h) Assist the OWNER in negotiations with SJRWMD for permitting the roadway and surrounding areas. " All of these items may be used to solve the drainage treatment and storage requirements of Tuskawilla Road/Kingsbury and Hickory Grove Park Road. In addition, we will provide the following: 3.1.2 Right-of-way For purposes of this proposal, new right-of-way will be required and will be provided by the adjacent property owners. The City will acquire and provide the necessary documentation for the additional right-of-way. We also understand that the median, will be state-owned land. In addition, Parcel 4 is also state- owned land (north of the road). 3.1.3 Route Hickory Grove Park Road is currently a 50-foot right-of-way consisting of two (2) 3D-foot ROW's on either side of state land that serves a median. This is anew roadway approximately 1500 lineal feet. 3.2 PRELIMINARY ENGINEERING SERVICES - DATA COLLECTION/ANALYSIS 3.2.1 ENGINEER will perform preliminary engineering services of the following: a) Establish the existing corridor and adjacent land uses. b) Review existing drainage and options for expansion of the existing system and the need for other properties. c) Obtain previous drawings and stormwater permitting data. d) Review off-site contributary drai,nage requirements. e) Provide for a connection to Tuskawilla Road and S.R. 434. 3.2.2 Survey services will be provided by a licensed surveyor. The surveyor will perform the survey for a full ROW along the route stated above. ENGINEER will coordinate the work of the surveyor with the design. The survey will include: a) Tuskawilla Road ROW survey (1500 LF) and S.R. 434 (200 LF) to cover the intersection. It will also include the survey and easement description for the gravity sewer to the City Hall site from the end of the road. b) Location of all visible improvements w/in ROW (including major trees). c) Coordination with utilities. d). Location of utilities (horizontal). e) Cross-sections at 100 ft. intervals. (Including the state land for future trail design use.) f) . Inverts of crossing or adjacent sanitary and storm structures. g) Cultural survey of the City Hall pond area and a survey of the proposed expansion area. The tree survey will consist of a count of trees 4 inches and greater. h) ACAD disk with drafting at 1" = 3D'. 3.2.3 Surveyor will provide an As-built of the existing city pond. 3.2.4 Surveyor will provide a topographic survey of the proposed pond expansion. 3.2.5 Surveyor will provide a survey of the wetlands park as identified by our environmentalist. 3.2.6 Surveyor will provide a tr.ee survey of the median area. This area is owned by the state. The City will provide a trail design through this median area and will need a tree survey to perform the layout. 3.2.7 The,ENGINEER will retain the services of a soils consultant to obtain data on the groundwater table and existing soils conditions. 3.3 ENGINEERING DESIGN 3.3.1 Prepare final engineering plans at 1" = 3D' scale with single plan and profile sheets. a) Cover sheet b) Key sheet and general notes c) Typical sections d) Structure data sheet e) Project layout f) Right-of-Way Survey (two sheets) g) Plan and profile (three sheets) h) Roadway cross sections (two sheets) i) Stormwater pond improvements j) Utility details (two sheets) k) Lift Station plan sheet I) Sewer Plan and Profile; Gravity and Force Main (four sheets) m) Landscape plan (two sheets) (double plan) n) Irrigation plans (two sheets) (double plan) 0) Signing and marking plan p) Streetscaping details/traffic calming details, 3.3.2 Prepare a specification for review by the OWNER. 3.3.3 Prepare a preliminary opinion of probable construction cost. 3.4 PERMITTING 3.4.1 Assist the OWNER in the preparation of a SJRWMD environmental permit application for Hickory Grove Park Road and surrounding area. 3.4.2 Assist the OWNER in the preparation of an FOOT permit for the intersection with SR. 434. 3.4.3 Assist the OWNER in the preparation of the FDEP sewer permits. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide, through a subconsultant, surveying services if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions pertinent to the work covered by this Amendment. 5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. 5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. 5.1.5 Examine all studies, reports, sketches, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. 5.1.6 Obtain approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 5.1.7 Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. 5.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER'S 5.1.9 5.1.10 expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed on the basis of standard billing rates, plus reimbursable expenses. The fee for the scope of services described in Sections 3.1. through 3.4 will be provided for a lump sum fee of $70,236.00. In addition, there are outside consultant fees for surveying services in the amount of $1 0,007.50, soils services in the amount of$5,225.00, and environmental services in the amount of $2,500.00. The total fee for all items above is $87,968.50. We have not included any bidding or construction services at this time. 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Amendment and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. OWNER: City of Winter Springs, Florida ATTEST By: Date: A ENGINEER: CPH Engineers, Inc, J:\Z6582\PROPOSALS\WSPGS\AMEND69.DOC\tmz Exhibit 1 Standard Classification Billing Rates Classification Rate Principal. , . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .,' . . . . . . . $105.00 Professional Engineer....................................... $90.00 Engineering Manager ....................................... $85.00 Sf. Design Engineer......................................... $75.00 Design Engineer EIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Traffic Engineer. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 Sf. Planner. . . . . . . . . . . . . . . , . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Construction Manager............................. .......... $78.00 Planner. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76.00 Landscape Architect................................... ...... $72.00 Registered Land Surveyor.................................. $75.00 Construction Field Rep II................................... $65.00 Sr. Design Technician....................................... $77.00 Design Technician .'................................... ....... $70.00 Sf. CADD Technician , $56.00 ...................................... CADD Technician..........,................................ $50.00 CADD Operator.......................,...................... $45.00 Administrative... .... .. . .. .. . ..... .. .. . .. ... .................. $50.00 Clerical II, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . $35.00 Clerical I....................., , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 AMENDMENT 69 TO AGREEMENT DATED NOVEMBER 27, 1984 CONSULTING ENGINEERING SERVICES FOR HICKORY GROVE PARK ROAD ROADWAY AND UTILITIES (TUSKAWILLA TO S.R. 434) BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC, This Amendment dated January 8, 2001, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements to Hickory Grove Park Road from Tuskawilla Road to S.R. 434. The length of the road construction is approximately 1500 lineal feet. The roadway cross section will be in general compliance with the Town Center concept. Modification is required due to available ROW and other considerations. In addition, we will provide a design for a lift station and gravity sewer to serve the Blumberg and Kingsbury tracts. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 The ENGINEER will serve as the OWNER'S professional engineering representative in those phases of the project to which this Amendment applies, and will give consultation and advice to the OWNER during the performance of his services. The ENGINEER will perform the services for the City Commission under the general supervision of the City Manager and Utilities Director and will submit interim plans to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans, specifications and permitting for the Hickory Grove Park Road Roadway Improvements. 3.1.1 stormwater The stormwater solution needs to be integrated with the Kingsbury property and Tuskawilla Road. The first stormwater solution was described in the master Drainage Plan and it consisted of enhancing the existing ponds and building a new pond on School Board property. Upon detailed, further investigations, we were informed that this property was deeded to St. Johns River Water Management District (SJRWMD) and was not available for stormwater use. We will investigate the following alternatives: a) Use of part of the wetlands deeded by Schrimsher for a pond. This will require detailed discussions with SJRWMD and mitigation/compensation for wetlands destruction. b) Re-evaluation of the FDOT drainage map and where stormwater now flows with the development of the High School. We may be allowed to discharge water into the FDOT system. Several areas were collected by FDOT for "attenuation." If we provide "treatment" volume, we should be able to discharge an equivalent "attenuation" volume. We believe we can expand the City Hall pond to provide the "treatment" volume for the area. c) We believe it is necessary to divide the road and the Kingsbury tract to drain to two separate basins. One to the City Hall site and one to the Tuskawilla Road side. d) We will investigate the possibility of using the existing stormwater pond at the Southeast corner of the high school site for "treatment" volume and discharging across to the wetlands for "attenuation" volume. e) We will investigate the use of approximately one (1) acre of uplands remaining at the Northeast corner of the high school site and the use of the ROW on the north end of Tuskawilla Road (north of Orange Avenue) for possible treatment and/or attenuation ponds. f) We will retain the services of a geotechnical consultant to evaluate the soils conditions of the proposed retention area and the roadway. g) Assist the OWNER in negotiations with the Seminole County School Board on the one-acre tract for stormwater retention. h) Assist the OWNER in negotiations with SJRWMD for permitting the roadway and surrounding areas. All of these items may be used to solve the drainage treatment and storage requirements of Tuskawilla Road/Kingsbury and Hickory Grove Park Road. In addition, we will provide the following: 3.1.2 Right-of-way For purposes of this proposal, new right-of-way will be required and will be provided by the adjacent property owners. The City will acquire and provide the necessary documentation for the additional right-of-way. We also understand that the median will be state-owned land. In addition, Parcel 4 is also state- owned land (north of the road). 3.1.3 Route Hickory Grove Park Road is currently a 60-foot right-of-way consisting of two (2) 30-foot ROW's on either side of state land that serves a median. This is a new roadway approximately 1500 lineal feet. 3.2 PRELIMINARY ENGINEERING SERVICES -DATA COLLECTION/ANALYSIS 3.2.1 ENGINEER will perform preliminary engineering services of the following: ~;) Establish the existing corridor and adjacent land use s. b) Review existing drainage and options for expansion of the existing system and the need for other properties. c) Obtain previous drawings and stormwater permitting data. d) Review off-site contributary drainage requirements. e) Provide for a connection to Tuskawilla Road and S.R. 434. 3.2.2 Survey services will be provided by a licensed surveyor. The surveyor will perform the survey for a full ROW along the route stated above. ENGINEER will coordinate the work of the surveyor with the design. The survey will include: a) Tuskawilla Road ROW survey (1500 LF) and S.R. 434 (200 LF) to cover the intersection. It will also include the survey and easement description for the gravity sewer to the City Hall site from the end of the road. b) Location of all visible improvements w/in ROW (including major trees). c) Coordination with utilities. d) Location of utilities (horizontal). e) Cross-sections at 100 ft. intervals. (Including the state land for future trail design use.) f) Inverts of crossing or adjacent sanitary and storm structures. g) Cultural survey of the City Hall pond area and a survey of the proposed expansion area. The tree survey will consist of a count of trees 4 inches and greater. h) ACAD disk with drafting at 1" = 30'. 3.2.3 Surveyor will provide an As-built of the existing city pond. 3.2.4 Surveyor will provide a topographic survey of the proposed pond expansion. 3.2.5 Surveyor will provide a survey of the wetlands park as identified by our environmentalist. 3.2.6 Surveyor will provide a tree survey of the median area. This area is owned by the state. The City will provide a trail design through this median area and will need a tree survey to perform the layout. 3.2.7 The ENGINEER will retain the services of a soils consultant to obtain data on the groundwater table and existing soils conditions. 3.3 ENGINEERING DESIGN 3.3.1 Prepare final engineering plans at 1" = 30' scale with single plan and profile sheets. a) Cover sheet b) Key sheet and general notes c) Typical sections d) Structure data sheet e) Project layout f) Right-of-Way Survey (two sheets) g) Plan and profile (three sheets) h) Roadway cross sections (two sheets) i) Stormwater pond improvements j) Utility details (two sheets) k) Lift Station plan sheet I) Sewer Plan and Profile; Gravity and Force Main (four sheets) m) Landscape plan (two sheets) (double plan) n) Irrigation plans (two sheets) (double plan) o) Signing and marking plan p) Streetscaping details/traffic calming details. 3.3.2 Prepare a specification for review by the OWNER. 3.3.3 Prepare a preliminary opinion of probable construction cost. 3.4 PERMITTING 3.4.1 Assist the OWNER in the preparation of a SJRWMD environmental permit application for Hickory Grove Park Road and surrounding area. 3.4.2 Assist the OWNER in the preparation of an FDOT permit for the intersection with S.R. 434. 3.4.3 Assist the OWNER in the preparation of the FDEP sewer permits. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.1.1 Additional services due to significant changes in the scope of the projector its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide, through a subconsultant, surveying services if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions pertinent to the work covered by this Amendment. 5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. 5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. 5.1.5 Examine all studies, reports, sketches, and other documents presented by the ENGI NEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. 5.1.6 Obtain approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 5.1.7 Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. 5.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.9 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.10 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed on the basis of standard billing rates, plus reimbursable expenses. The fee for the scope of services described in Sections 3.1. through 3.4 will be provided for a lump sum fee of $70,236.00. In addition, there are outside consultant fees for surveying services in the amount of $10,007.50, soils services in the amount of $5,225.00, and environmental services in the amount of $2,500.00. The total fee for all items above is $87,968.50. We have not included any bidding or construction services at this time. 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Amendment and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. ATTEST -P OWNER: City of Winter Springs, Florida Date: ~ - ~ .. ~~ `' ° ~ ENGINEER: CPH Engineers, Inc. oa~~~iz/z~~~ J:\Z6582\PROPOSALS\WSPGS\AMEND69.DOC\tmz ATTACHMENT A STANDARD BILLING RATES Exhibit 1 Standard Classification Billing Rates Classification Rate Principal ....................................................... $105.00 Professional Engineer ....................................... $90.00 Engineering Manager ....................................... $85.00 Sr. Design Engineer ......................................... $75.00 Design Engineer EIT ........................................ $55.00 Traffic Engineer .............................................. $120.00 Sr. Planner .................................................... $90.00 Construction Manager ....................................... $78.00 Planner ......................................................... $76.00 Landscape Architect ......................................... $72.00 Registered Land Surveyor .................................. $75.00 Construction Field Rep II ................................... $65.00 Sr. Design Technician ....................................... $77.00 Design Technician ........................................... $70.00 Sr. CADD Technician ...................................... $56.00 CADD Technician ........................................... $50.00 CADD Operator .............................................. $45.00 Administrative ................................................ $50.00 Clerical II ...................................................... $35.00 Clerical I ....................................................... $30.00