HomeMy WebLinkAbout2006 10 09 Consent 408 Trotwood Park Expansion
COMMISSION AGENDA
October 9,2006
Regular Meeting
Consent
ITEM 408
Mgr. / Dept.
Authorization
REQUEST: The Parks and Recreation Department is requesting authorization to
execute Amendment 87 - Trotwood Park Expansion for Consulting
Engineering Services with Conklin, Porter, and Holmes Engineers,
Inc.
PURPOSE: The purpose of this item is to request authorization for the
execution of Amendment 87 for the Trotwood Park Expansion
with C.P.H. at a cost of$ 67,300.00.
CONSIDERA TIONS:
. The amendment is needed for Consulting Engineering Services for the
Trotwood Park Expansion, Paved Parking and Drive Lane, Splash Playground,
Sidewalks, Walkway Lighting, Picnic Pavilion, Demolition of Two (2)
Racquetball and Two (2) Tennis Courts, and Construction of Four (4) New
Tennis Courts, Renovation of Restroom, Pump House Building, and
Stormwater Piping.
. The scope of work includes Engineering Services, Permits, Bidding Services,
and Construction Administration at a cost of $ 67,300.00.
. The total project cost is $ 500,000 and funded in Capital Project Fund, Line
Code 315-65000.
. CPH has done many City Projects and is very familiar with the requirements
and permitting that is necessary.
. The project has a FRDAP Grant time-time frame and this project must be
completed by April 30, 2009.
FUNDING:
The funding source is Capital Project Fund 315-65000 for $ 500,000.
RECOMMENDA TIONS:
Parks and Recreation recommends that authorization be given for the execution of
Amendment 87 for Consulting Engineering Services for Trotwood Park Expansion
with Conklin, Porter, and Holmes Engineers, Inc. at a cost of $ 67,300.00 from
Line Code 315-65000.
ATTACHMENTS:
Attachment # 1
Amendment 87
COMMISSION ACTION:
ATTACHMENT #1
AMENDMENT 87 TO AGREEMENT
DATED
NOVEMBER 27,1984
CONSULTING ENGINEERING SERVICES
FOR
TROTWOOD PARK EXPANSION
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CPH ENGINEERS, INC.
This Amendment dated , 2006, 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 November 27, 1984, 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 and Specifications and
other Engineering Services for the Trotwood Park Expansion.
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 Parks and Recreation
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 and specifications for park improvements as listed below.
3.1.1 The project includes the following:
a. Paving of the existing stabilized parking lot and drive lanes located
between the existing hard courts and the children's play area.
b. Demolition of 2 tennis courts, 2 racquetball courts, and construction of 4
new tennis court.
c. Construction of a new Splash playground.
d. Sidewalks as shown on the conceptual plan.
e. Walkway lighting.
f. Picnic pavilion.
g. Renovation of existing restroom and maintenance storage.
h. Pump House Building.
i. Storm pipe from existing pond extending west to second existing pond.
3.2
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
3.2.10
3.3
3.3.1
3.3.2
3.3.3
At 50% submittal the final scope of the project shall have been reviewed, defined
and approved by the OWNER. Any modifications to stay within the budget shall
be made at the 50% submittal.
ENGINEERING SERVICES
Survey services shall be provided by a licensed surveyor. The City will provide
this survey to the Engineer.
ENGINEER will retain the services of a Geotechnical Consultant to provide data
on groundwater table, soil permeability, and existing soils conditions/type. As
part of the geotechnical work, the consultant will also provide recommendations
on proposed pavement sections for the parking area.
ENGINEER will retain the services of an electrical engineer to provide electrical
design services for the walkway lighting and splash pool electrical needs.
ENGINEER will retain the services of an architect to provide design services for
open air pavilion to match the existing pavilions, a pump building the same size
as in T orcaso Park and interior renovation of existing toilets.
Prepare a Specification for review by OWNER.
Prepare site plans for review and submittal to meet City requirements and
presentation through the ORC process.
Perform field checks of completed Plans and Specifications with the OWNER's
representative.
Prepare estimates of probable construction cost based upon final plans and
Contract Documents.
Prepare 50%, 90% and 100% plans and specifications for review and comment
by the City staff.
Prepare final plans and specifications for review and approval by the City staff,
and other permitting agencies.
PERMITS
Assist the OWNER in the preparation of a stormwater permit modification as
required by the St. Johns River Water Management District. The submittal
package and stormwater design will be based on expansion of the existing pond.
We will prepare documentation and assist the OWNER in application for a
modification of the existing SJRWMO permits.
Respond to reasonable requests for additional information from the agency.
FDEP permits for water and sewer are not anticipated and are not included in
this amendment. The ENGINEER shall request the OWNER for extras if a FDEP
permit is required.
3.3.4 Provide the OWNER's contractor necessary documentation required to apply for
a Building Permit with the City.
3.3.5 City is responsible for all permit application fees.
3.4 BIDDING SERVICES
3.4.1 Prepare advertisement for bid for placement in appropriate publications by the
OWNER.
3.4.2 Provide copies of reproducible plans and specifications to the OWNER or his
designated representative for distribution by others.
3.4.3 Issue addenda to the documents as required.
3.4.4 Answer questions of bidders and suppliers. No interpretations of the documents
shall be made, other than through issuance of addenda to the documents.
3.4.5 Attend the bid opening and OWNER's meetings at which bids are to be opened
and contracts awarded.
3.4.6 Evaluate the bids and assist the OWNER in the selection of the construction
contractor.
3.4.7 Consult with the OWNER and participate in all decisions as to acceptability of
subcontractors and other persons and organizations proposed by the general
contractor for these portions of the work for which subcontractor approval is
required by the documents.
3.4.8 Prepare and review contracts, bonds, insurance certificates, construction
schedules and other portions of the Contracts in order to assist the OWNER in
his determination as to whether to issue a Notice to Proceed to the Contractor.
3.5 CONSTRUCTION ADMINISTRATION SERVICES
Provide limited Construction Administration services for the project.
The ENGINEER will administer plan distribution to bidders, attend a pre-bid
meeting and bid opening. The ENGINEER will review and evaluate the bids,
check contractor's references and provide a recommendation to the OWNER.
The OWNER will provide day to day inspection of the project and will advise the
ENGINEER when items arises that need attention by the ENGINEER.
ENGINEER will review shop drawings to verify compliance with the contract
documents. The actual construction timeframe is considered to be 12 weeks.
The ENGINEER will provide inspection services for four (4) hours per week, for a
total of 48 hours on this project. ENGINEER will not act as the Project Manager
for this project. We will assist the designated Project Manager in addressing
design issues throughout the project and we will help develop the monthly written
project report.
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.
4.2.1 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.
4.2.2 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.
4.2.3 Preparing to serve and serving as an expert witness for the OWNER in any
protest, litigation, or other proceeding involving the project.
4.2.4 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.
4.2.5 Provide, through a subconsultant, additional surveYing services if required or
requested by the OWNER.
4.2.6 Provide, through a subconsultant, soils investigation services if required or
requested 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
5.1.3
5.1.4
5.1.5
5.1.6
5.1.7
5.1.8
5.1.9
5.1.10
6.1
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.
Provide data requested that is reasonably available on the existing utility
systems, population and projections, land use and planning information.
Provide personnel to locate facilities and mow, trim, or otherwise make them
accessible for inspection.
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.
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.
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.
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.
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
PAYMENT
Payments for services and expenses of the ENGINEER to be as set forth below:
6.1.1 The fee for the scope of services described herein are broken down as follows:
Engineering
A. Design and Permitting
B. Bidding Services
C. Construction Administration
Engineering Total
$34,700.00
$ 2,200.00
$ 4,300.00
$41,200.00
Architectural
Geotechnical
Electrical
TOTAL FEE:
$19,000.00
$ 2,900.00
$ 4,200.00
$67,300.00
6.2 REIMBURSED EXPENSES
6.2.1 Expenses for items not specifically valued herein are to be reimbursed to the
ENGINEER at the actual cost thereof. Said expenses shall include
transportation and subsistence of principals and employees, when traveling in
connection with the Project, toll telephone calls, telegrams and similar project-
related items.
6.2.2 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.
6.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries
and wages paid to principals and employees of all classifications engaged
directly on the Project, plus the cost of fringe benefits including but not limited to,
social security contributions, worker's compensation, health and retirement
benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. For
purposes of this Amendment, Direct Personnel Expense shall be considered an
amount equal to 1.48 times applicable salaries and wages.
6.2.4 Charges for the services rendered by principals and employees as witnesses in
any litigation, hearing or proceeding in accordance with Paragraph 4.1.4 will be
computed at a rate of $400.00 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 in accordance with the funding levels as set forth in Paragraph
6.1.1 and 6.2.1 herein).
6.2.5 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.
6.2.6 The ENGINEER shall promptly begin work on the services authorized by this
Amendment upon receipt of notice to proceed from the OWNER and will
endeavor to meet the timetable established between the County and the City.
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 judgment 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:
ENGINEER:
CPH Engineers, Inc.
AMENDMENT 87 TO AGREEMENT
DATED
NOVEMBER 27,1984
CONSUL riNG ENGINEERING SERVICES
FOR
TROTWOOD PARK EXPANSION
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CPH ENGINEERS, INC.
This Amendment dated , 2006, by and between the City of Winter Springs (hereinafter
called the OWNER) and CPH Engineers, Inc. (hereinafter caned 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 November 27, 1984, 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 and Specifications and
other Engineering Services for the Trotwood Park Expansion.
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 Parks and Recreation
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 and specifications for park improvements as listed below.
3.1.1 The project includes the following:
a. Paving of the existing stabilized parking lot and drive lanes located
between the existing hard courts and the children's play area.
b. Demolition of 2 tennis courts, 2 racquetball courts, and construction of 4
new tennis court.
c. Construction of a new Splash playground.
d. Sidewalks as shown on the conceptual plan.
e. Wallkway lighting.
f. Picnic pavilion.
g. Renovation of existing restroom and maintenance storage.
h. Pump House Building.
i. Storm pipe from existing pond extending west to second existing pond.
3.2
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
3.2.10
3.3
3.3.1
3.3.2
3.3.3
At 50% submittal the final scope of the project shall have been reviewed, defined
and approved by the OWNER. Any modifications to stay within the budget shall
be made at the 50% submittal.
ENGINEERING SERVICES
Survey services shall be provided by a licensed surveyor. The City will provide
this survey to the Engineer.
ENGINEER will retain the services of a Geotechnical Consultant to provide data
on groundwater table, soil permeability, and existing soils conditions/type. As
part of the geotechnical work, the consultant will also provide recommendations
on proposed pavement sections for the parking area.
ENGINEER will retain the services of an electrical engineer to provide electrical
design services for the walkway lighting and splash pool electrical needs.
ENGINEER will retain the services of an architect to provide design services for
open air pavilion to match the existing pavilions, a pump building the same size
as in Torcaso Park and interior renovation of existing toilets.
Prepare a Specification for review by OWNER.
Prepare site plans for review and submittal to meet City requirements and
presentation through the DRC process.
Perform field checks of completed Plans and Specifications with the OWNER's
representative.
Prepare estimates of probable construction cost based upon final plans and
Contract Documents.
Prepare 50%, 90% and 100% plans and specifications for review and comment
by the City staff.
Prepare final plans and specifications for review and approval by the City staff,
and other permitting agencies.
PERMITS
Assist the OWNER in the preparation of a stormwater permit modification as
required by the St. Johns River Water Management District. The submittal
package and stormwater design will be based on expansion of the existing pond.
We will prepare documentation and assist the OWNER in application for a
modification of the existing SJRWMD permits.
Respond to reasonable requests for additional information from the agency.
FDEP permits for water and sewer are not anticipated and are not included in
this amendment. The ENGINEER shall request the OWNER for extras if a FDEP
permit is required.
3.3.4 Provide the OWNER's contractor necessary documentation required to apply for
a Building Permit with the City.
3.3.5 City is responsible for all permit application fees.
3.4 BIDDING SERVICES
3.4.1 Prepare advertisement for bid for placement in appropriate publications by the
OWNER.
3.4.2 Provide copies of reproducible plans and specifications to the OWNER or his
designated representative for distribution by others.
3.4.3 Issue addenda to the documents as required.
3.4.4 Answer questions of bidders and suppliers. No interpretations of the documents
shall be made, other than through issuance of addenda to the documents.
3.4.5 Attend the bid opening and OWNER's meetings at which bids are to be opened
and contracts awarded.
3.4.6 Evaluate the bids and assist the OWNER in the selection of the construction
contractor.
3.4.7 Consult with the OWNER and participate in all decisions as to acceptability of
subcontractors and other persons and organizations proposed by the general
contractor for these portions of the work for which subcontractor approval is
required by the documents.
3.4.8 Prepare and review contracts, bonds, insurance certificates, construction
schedules and other portions of the Contracts in order to assist the OWNER in
his determination as to whether to issue a Notice to Proceed to the Contractor.
3.5 CONSTRUCTION ADMINISTRATION SERVICES
Provide limited Construction Administration services for the project.
The ENGINEER will administer plan distribution to bidders, attend a pre-bid
meeting and bid opening. The ENGINEER will review and evaluate the bids,
check contractor's references and provide a recommendation to the OWNER.
The OWNER will provide day to day inspection of the project and will advise the
ENGINEER when items arises that need attention by the ENGINEER.
ENGINEER will review shop drawings to verify compliance with the contract
documents. The actual construction timeframe is considered to be 12 weeks.
The ENGINEER will provide inspection services for four (4) hours per week, for a
total of 48 hours on this project. ENGINEER will not act as the Project Manager
for this project. We will assist the designated Project Manager in addressing
design issues throughout the project and we will help develop the monthly written
project report.
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.
4.2.1 Additional services due to significant changes in the scope of the project or lts
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.
4.2.2 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.
4.2.3 Preparing to serve and serving as an expert witness for the OWNER in any
protest, litigation, or other proceeding involving the project.
4.2.4 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.
4.2.5 Provide, through a subconsultant, additional surveying services if required or
requested by the OWNER.
4.2.6 Provide, through a subconsultant, soils investigation services if required or
requested 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
5.1.3
5.1.4
5.1.5
5.1.6
5.1.7
5.1.8
5.1.9
5.1.10
6.1
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.
Provide data requested that is reasonably available on the existing utility
systems, population and projections, land use and planning information.
Provide personnel to locate facilities and mow, trim, or otherwise make them
accessible for inspection.
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.
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.
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.
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.
Provide such legal, accounting, and insurance counseling services as may be
required for the project and such auditing services as the OWNER may requrre.
Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
SECTION 6
PAYMENT
PAYMENT
Payments for services and expenses of the ENGI NEER to be as set forth befow:
6.1.1 The fee for the scope of services described herein are broken down as follows:
Engineering
A. Design and Permitting
B. Bidding Services
C. Construction Administration
Engineering Total
$34,700.00
$ 2,200.00
$ 4,300.00
$41,200.00
Architectural
Geotechnical
Electrical
TOTAL FEE:
$19,000.00
$ 2,900.00
$ 4.200.00
$67,300.00
6.2 REIMBURSED EXPENSES
6.2.1 Expenses for items not specifically valued herein are to be reimbursed to the
ENGINEER at the actual cost thereof. Said expenses shall include
transportation and subsistence of principals and employees, when traveling in
connection with the Project, toll telephone calls, telegrams and similar project-
related items.
6.2.2 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.
6.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries
and wages paid to principals and employees of all classifications engaged
directly on the Project, plus the cost of fringe benefits including but not limited to,
social security contributions, worker's compensation, health and retirement
benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. For
purposes of this Amendment, Direct Personnel Expense shall be considered an
amount equal to 1.48 times applicable salaries and wages.
6.2.4 Charges for the services rendered by principals and employees as witnesses in
any litigation, hearing or proceeding in accordance with Paragraph 4.1.4 will be
computed at a rate of $400.00 per day or any portion thereof (but compen~ation
for time spent in preparing to appear in any such litigation. hearing or proceeding
will be computed in accordance with the funding levels as set forth in Paragraph
6.1.1 and 6.2.1 herein).
6.2.5 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.
6.2.6 The ENGINEER shall promptly begin work on the services authorized by this
Amendment upon receipt of notice to proceed from the OWNER and will
endeavor to meet the timetable established between the County and the City.
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 judgment 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 Spnngs, F~rida
Date: OCTOBER 9, 2006
ENGINEER:
CPH Engineers, Inc.
BY:
Date:
J :\Z6582\Proposals\Winter Springs\AMEN D87.doc