HomeMy WebLinkAbout2005 02 28 Consent 203 Contract Agreement with CPH Engineers for Tuskawilla Road Drainange System Improvements
COMMISSION AGENDA
ITEM 203
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
February 28,2005
Meeting
MG~ IDEPT Jk-
Authorization
REQUEST: Public Works Department - Stormwater Division requests a supplemental
appropriation and authorization to enter into an agreement with CPR Engineers
to provide Engineering Services in the preparation of documents for the
Tuskawilla Road Drainage System Improvements located at the outfall to Lake
Jesup.
PURPOSE: The purpose of this agenda item is to request an appropriation in the amount of
$21,520.00 from the Stormwater Utility Fund and authorize the services ofCPH
Engineers, Inc for the engineering design and construction documents for the Tuskawilla
Road Drainage System, a project that will receive funding assistance from Natural
Resources Conservation Service of the United States Department of Agriculture (NRCS
of USDA).
CONSIDERATIONS:
This agenda item is needed to initiate the design of the Tuskawilla Road Drainage system
Improvements which will control erosion and provide bank stabilization in the Tuskawilla Road
right of way north of Orange Avenue at the outfall to Lake Jesup.
The City entered into a project agreement with the Natural Resources Conservation
Service (NRCS), an agency that administers the Emergency Watershed Protection Program
(EWP) that responds to emergencies created by natural disasters like the hurricanes of2004.
The project agreement was approved by the City Commission and executed on December 17,
2004. In the project agreement, NRCS allocated funding for four (4) projects with the provision
up to 75 % of the cost of each project. The City will bear the 25% of the cost of each project in
the form of cash or in-kind services. The Tuskawilla Road Drainage System is one of the
qualified projects entered into the project agreement with NRCS. The proposed project is
Consent Agenda Item 203
February 28,2005
Page 2
located at the northern most end of Tuskawilla Road. The scope of the project includes piping
of the ditches, installation of a cleaning device structure, clearing, stabilization and regrading of
the site.
CPR Engineers will develop the engineering design and documents of Tuskawilla Road
Drainage System project at a cost of$21,520.
FUNDING:
The proposed scope of work will cost $21,520. Sufficient funds are available in fund
balance for these costs. 75% ofthe design costs are eligible for reimbursement.
RECOMMENDATION:
It is recommended that authorization to enter into an agreement with CPR
Engineers to provide engineering services in the preparation of the documents for
Tuskawilla Road Drainage Project and a supplemental appropriation in the amount of
$21,520 from the Stormwater Fund balance be approved for the project.
ATTACHMENTS:
1. CPR Engineers Amendment 83.
COMMISSION ACTION:
AMENDMENT 83 TO AGREEMENT
DATED
NOVEMBER 27,1984
FOR
TUSKAWILLA ROAD STORMWATER SYSTEM IMPROVEMENTS
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CPH ENGINEERS, INC.
This Amendment dated , 2005. 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 documents for the Tuskawilla
Road Drainage System Improvements north of St. Johns Landing Drive.
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 Amend ment applies,
and will give consultation and advice to the OWNER during the performance of
his services. The ENGINEER will perform the services forthe City Commission
under the general su pervision of the City Manager and Utilities Director and will
submit interim reports 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 the plans and permits necessary to achieve approval and to perform
construction. We will provide engineering services for the installation of a
closed drainage system along Tuskawilla Road north of St. Johns Landing
Drive. Several steps will be required to gain approval to install the pipe in this
area. The existing ditch will have to be evaluated for capacity. The existing
open ditch will be piped with a pipe up to a new discharge point adjacent to
Lake Jessup.
3.2 Prepare preliminary engineering design for use at City meetings with the review
agencies in accordance with Water Management District requirements and
reviewing agencies' guidelines.
3.3 Following preparation of a preliminary piping plan, set up a meeting with the
Water Management District to review their requirements for the project.
3.4 Obtain an update of the existing survey of the area.
3.5 Prepare final plans and specifications for the pipe improvements for bidding.
3.6 Prepare documentation and submittal packages for the Water Management
District and Dredge and Fill permit applications.
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.
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 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.
4.1.7 Provide, through a subconsultant, electrical/HV AC services if required or
requested by the OWNER
5.1
5.1.1
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
SECTION 5
THE OWNER'S RESPONSIBILITIES
The OWNER will:
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.
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
6.1 PAYMENT
Payments for services and expenses of the ENGINEER to be as set forth
below:
6.1.1 Principals and Employees of the ENGINEER.
6.1.2 The fee for the engineering design scope of services described herein will be
provided for a lump sum fee of $21,520.00, broken down as follows:
1. CPH agency coordination/meetings: $ 1,500.00
2. Preliminary Design: $ 1,750.00
3. Final Design: $ 8,520.00
4. Dredge & Fill Permit: $ 3,500.00
6. SJRMWD Permit: $ 3,500.00
7. Bidding Services: $ 2,750.00
Additional Services to be billed Hourly, if required:
8. Alternate Construction Administration:
$ 3,000.00
Bidding and construction administration services can be provided upon request
of the OWNER.
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 forthe 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:
ENGINEER:
CPH Engineers, Inc.
~, '-
-1fd f;. ~~
........
By:
ATTEST
Date:
J:\z6582\PROPOSALS\WSPGSIAMEND81.DOC
AMENDMENT 83 TO AGREEMENT
DATED
NOVEMBER 27,1984
FOR
TUSKAWILLA ROAD STORMWATER SYSTEM IMPROVEMENTS
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CPH ENGINEERS, INC.
This Amendment dated , 2005, by and between the City of Winter Springs
(hereinafter called the OWN ER) and CPH Engineers, I nc. (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 documents for the Tuskawilla
Road Drainage System Improvements north of St. Johns Landing Drive.
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 reports 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 the plans and permits necessary to achieve approval and to perform
construction. We will provide engineering services for the installation of a
closed drainage system along Tuskawilla Road north of St. Johns Landing
Drive. Several steps will be required to gain approval to install the pipe in this
area. The existing ditch will have to be evaluated for capacity. The existing
open ditch will be piped with a pipe up to a new discharge point adjacent to
Lake Jessup.
3.2 Prepare preliminary engineering design for use at City meetings with the review
agencies in accordance with Water Management District requirements and
reviewing agencies' guidelines.
3.3 Following preparation of a preliminary piping plan, set up a meeting with the
Water Management District to review their requirements for the project.
3.4 Obtain an update of the existing survey of the area.
3.5 Prepare final plans and specifications for the pipe improvements for bidding.
3.6 Prepare documentation and submittal packages for the Water Management
District and Dredge and Fill permit applications.
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.
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 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.
4.1.7 Provide, through a subconsultant, electrical/HV AC services if required or
requested by the OWNER
5.1
5.1.1
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
SECTION 5
THE OWNER'S RESPONSIBILITIES
The OWNER will:
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.
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
6.1 PAYMENT
Payments for services and expenses of the ENGINEER to be as set forth
below:
6.1.1 Principals and Employees of the ENGINEER.
6.1.2 The fee for the engineering design scope of services described herein will be
provided for a lump sum fee of $21,520.00, broken down as follows:
1. CPH agency coordination/meetings: $ 1,500.00
2. Preliminary Design: $ 1,750.00
3. Final Design: $ 8,520.00
4. Dredge & Fill Permit: $ 3,500.00
6. SJRMWD Permit: $ 3,500.00
7. Bidding Services: $ 2,750.00
Additional Services to be billed Hourly, if required:
8. Alternate Construction Administration:
$ 3,000.00
Bidding and construction administration services can be provided upon request
of the OWNER.
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
~a1~
By: I~V..7:l:~__::>__
,..-,.
Date: J-;- 0 S
ENGINEER:
CPH Engineers, Inc.
ATTEST
sgd.A~
By:
Date:
J:\Z6582\PROPOSALS\WSPGS\AMEND81.DOC
--
.-
AMENDMENT 83 TO AGREEMENT
DATED
NOVEMBER 27,1984
FOR
TUSKAWILLA ROAD STORMWATER SYSTEM IMPROVEMENTS
.. -
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CPH ENGINEERS, INC.
This Amendment dated " 2005, 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 documents for the Tuskawilla
Road Drainage System Improvements north of St. Johns Landing Drive.
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 forthe City Commission
under the general supervision of the City Manager and Utilities Director and will
submit interim reports 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 the plans and permits necessary to achieve. approval and to perform
construction. We will provide engineering services for the installation of a
closed drainage system along Tuskawilla Road north of 'St. Johns Landing
Drive. Several steps will be required to gain approval to install the pipe in this
area. The existing ditch will have to be evaluated for capacity. The existing
open ditch will be piped with a pipe up to a new discharge point adjacent to
Lake Jessup.
3.2 Prepare preliminary engineering design for use at City meetings with the review
agencies in accordance with Water Management District requirements and
reviewing agencies' guidelines.
3.3 Following preparation of a preliminary piping plan, set up a meeting with the
Water Management District to review their requirements for the project.
3.4 Obtain an update of the existing survey of the area.
3.5 Prepare final plans and specifications for the pipe improvements for bidding.
3.6 Prepare documentation and .submittal packages for the Water Management
District and Dredge and Fill permit applications.
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
se_r:vices of the following types which will be paid for by the OWNER.
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
d escri bed 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, theSt. Johns River Water Management District, or
other regulatory agency requirements.
-~ .L.,I
4.1.5 Provide surveying services. if required or requested by the OWNER.
4.1.6 Provide, through CI subcqnsultant, 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.
4.1.7 . Provide, through a subconsuJtant, electrical/HV AC 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 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 d~cisions 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 EN~INEER 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 aaditional 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 Principals and Employees of the ENGINEER.
6.1.2 The fee for the en!~ineeringdesign scope of services described herein will be
provided for a lump sum fee of $21,520.00, broken down as follows:
1. CPH agency coordination/meetings: $ 1,500.00
2. Preliminary Design: $ 1,750.00
3. Final Design: $ 8,520.00
4. Dredge & Fill Permit: $ 3,500.00
6. SJRMWD Permit: $ 3,500.00
7. Bidding Services: $ 2,750.00
Additional Services to be billed Hourly, if required:
8. Alternate Construction Administration: $ 3,000.00
Bidding and construction administration services can be provided upon request
of the OWNER.
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 Qf 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 ENGINE~R 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 bicls 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.
J
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 Spring's, Florida
ATTEST
~~ a ~~u By: /~d-?~# __ ~ _
,,,,~..:-:>
-. .-.. .--- Date: J"7-0<)
ENGINEER:
CPH Engineers, Inc.
ATTEST
~, <..
-1fX f. ~~ By:
Date:
J:\Z6582\PROPOSALS\WSPGS\AMEND81.DOC