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HomeMy WebLinkAbout2003 06 09 Consent C Amendment 78 for Landscape Architectural Services COMMISSION AGENDA ITEM C CONSENT X INFORMATIONAL PUBLIC HEARlNG REGULAR June 9,2003 Meeting MGR~EPT jft-/ Authorization REQUEST: Public Works Department Requesting Authorization to Execute Amendment 78- Town Center Streetscape and Landscape Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: The purpose of this Board item is to request authorization for the execution of Amendment 78 for Landscape Architectural Services for the design of Magnolia Square, City Hall Retention Pond, and the Secondary Trail from Magnolia Square to Central Winds Park with Conklin, Porter & Holmes Engineers, Inc. at a cost of $44,900. CONSIDERA TIONS: This amendment is needed to begin the design for the next phase of the streetscape and landscape improvements in the Town Center. This phase will include the design for Magnolia Square, the secondary trail from Magnolia Square to Central Winds Park, and the retention pond behind City Hall. The secondary trail traverses the median of Blumberg Boulevard and then the state lands to City Hall and then westward to Central Winds Park. The scope of work includes the landscape and hardscape design of Magnolia Square including the restroom pavilion, landscape and hardscape design around the City Hall retention pond, design and layout of the secondary trail, preparation of all plans and documents necessary for construction, and all permits and management plans needed. A management plan will be required for any improvements on the State lands. The Magnolia Square improvements will require a State permit/easement and County approval. June 9, 2003 Consent Agenda Item C Page 2 FUNDING: The funding source for this project expenditure of $44,900 is the 1999 Construction Fund - Town Center Trail and Infrastructure line code - (305-56330). RECOMMENDA TION: It is recommended that authorization be given for the execution of Amendment 78 for Town Center Streetscape and Landscape Services with Conklin, Porter & Holmes Engineers, Inc. at a cost of $44,900 payable from the Town Center Trail & Infrastructure line code of the 1999 Construction Fund (305-56330). IMPLEMENTA TION SCHEDULE: The scope of services will be completed within 180 days of approval. CPH will be coordinating with City staff to create conceptual plans for City Commission consideration prior to proceeding to final design. ATTACHMENTS: I. Amendment 78 COMMISSION ACTION: AMENDMENT 78 TO AGREEMENT DATED NOVEMBER 27,1984 CONSULTING ENGINEERING SERVICES FOR LANDSCAPE ARCHITECTURAL SERVICES FOR MAGNOLIA SQUARE, THE RETENTION POND BEHIND CITY HALL AND THE TRAIL CONNECTING MAIN STREET WITH CENTRAL WINDS PARK BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2003, 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 provisio,ns 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 Landscape Architectural, Architectural and Engineering Services, more specifically' itemized herein, in the preparation of Plans and Specifications and other services for Magnolia Square, City Hall retention pond and the Trail Corridor form Main Street to Central Winds Park. 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 CPH has fully qualified and registered Landscape Architects on staff. 2.1.3 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 Public Works 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 the landscape improvements as listed below. It is assumed that the lighting for the trail will be provided by Florida Power. 3.1.1 The project includes the following: 1. Landscape and hardscape design of Magnolia Square including the restroom/pavilion. 2. Landscape design around the pond behind City Hall. 3. Design and layout of the trail from Main Street, heading north, through the State land down the center of Hickory Grove Road, connecting to the City Hall retention pond and then extending to Central Winds Park. 4. Engineering services as required to integrate project within its surroundings. 5. Project management coordination services. We have divided the project into three tasks consistent with items 1, 2, and 3 indicated above. . 3.1.2 The project will be coordinated with the landscape and hardscape features of the Streetscapes project currently under construction. Landscape and hardscape features will be reduced as we move away from the Main Street corridor. 3.1.3 Preliminary Concept The preliminary concepts for Magnolia Square and the retention pond have been previously designed; these concepts will be reviewed with the City Manager and staff. A preliminary plan will be provided for the trail extension which be distributed to the City Manager and staff. Upon receipt of comments, the concept will be revised and, if required, presented to the Commission at a workshop. 3.1.4 The landscape architect will take the comments from all parties and develop a final plan. Coordination will continue with City staff during this process. Once the final design is approved by the City Manager and the Commission (if required), work will begin on the construction documents. 3.1.5 Construction Documents The construction documents shall include the bllowing: Task 1- Magnolia Square: 1. Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) 6. Electrical (low level lighting and park lighting - not streetlights, pavilion electrical) 7. Architectural Design and details for the pavilion 8. Opinion of Probable Construction Cost Task 2- Retention Pond Landscaping: 1. Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, 3.1.6 3.1.7 3.1.8 3.1.9 3.1.10 3.1.11 3.2 3.2.1 3.2.2 3.2.3 3.3 3.3.1 3.3.2 3.3.3 3.3.4 bollards, etc.) 6. Electrical (low level lighting) 7. Opinion of Probable Construction Cost Task 3- Trail Extension: '1. Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) 6. Opinion of Probable Construction Cost Retain the service of an electrical engineer to provide park/landscape lighting. Coordinate services and also coordinate. type with street lighting and other development, which will take place in the Town Center. Retain the service of an Architect to provice pavilion design. Prepare bid packages for distribution in a'ccordance with City procedures, i.e. Demand Star. Perform field check of completed construction documents. Prepare site plans for review and submittal to meet City requirements and presentation through the DRC process. Prepare final construction documents. PERMITS Task 1- - ENGINEER will obtain permits from State of Florida and Seminole County for trail. Task 2- No permits are necessary for this work. We consider this to be a part of the pond design, which has been permitted. Task 3- ENGINEER will obtain permits from Stateof Florida and Seminole County for trail. BIDDING SERVICES Prepare advertisement for bid for placement in appropriate publications by the OWNER. . Provide copies of reproducible plans and specifications to the OWNER or his designated representative for distribution by others. Issue addenda to the documents as required. Answer questions of bidders and suppliers. No interpretations of the documents shall be made, other than through issuance of addenda to the documents. 3.3.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. 3.3.6 Evaluate the bids and assist the OWNER in the selection of the construction contractor. 3.3.7 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. 3.3.8 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 b Proceed to the Contractor. 3.4 CONSTRUCTION ADMINISTRATION SERVICES Provide Construction Administration services for the project under a separate agreement. 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 ofthe following types, which will be paid for by the OWNER 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, 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 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 onthe 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, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.8 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.9 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: The fee for the engineering design and permitting scope of services described herein shall be a total lump sum fee of$44,900.00, inclusive of out of pocket expenses. 6.2 OTHER PAYMENT ITEMS 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 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 $800.00 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 basis at standard billing rates). 6.2.4 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made on 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 OW.JER.. 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:/~cJ ~~ ~ Date: c- (~ .- 0 '7 ENGINEER: CPH Engineers, Inc. ATTEST , ~14~ BY:~~ Date: S~!/)3 J:\Z6582.00\WP-WORD\PROPOSAL\Mju\AMENDMENT 78 WINTER SPRINGS.doc EXHIBIT A STANDARD BilliNG RATES Standard Classification Billin~ Rates Classification Rate Pri ncipa I.......................... ..................... .......................... $105.00 Professional E ng i neer.......... ..~..... ........ ....... ................. $95.00 E ng i neeri ng Manager.................................. ........ .:.. ..... $90.00 Sr. Design En 9 i nee r...................................................... $80.00 Design E ngi neer EIT....................................... .............. $70.00 Traffic Engi neer . ................................. ........... ............... $120.00 Sr. Plan ner .......... .................... ............... ........................ $95.00 Construction Manager............. ............ ........................ $90.00 Planner.......................................................................... . $76.00 landscape Architect... .................................... .............. $85.00 landscape Architect I .. ............................... ................. $72.00 Professional land Su rveyor........................................ $85.00 Construction Field Rep ...................................... ......... $65.00 Sr. Design Tech nician.......................... ......... .......... ..... $77.00 Des ign Technician......... ...................... ........... .............. $70.00 Sr. CADD T echnicia n... ................... ..... ........ ................. $67.00 CADD Tech n ician.......................................................... $55.00 CADD Operator................... ....... ................................... $50.00 Adm i n istrative............................................................... $50.00 Clerical II....................................................................... . $45.00 Clerical I.......................... ............................................... $35.00 EXHIBIT B COST BREAKDOWN EXHIBIT B Task 1 Task 2 Task 3 Magnolia Square Retention Pond Trail Extension Preliminary Concept: $1,000.00 $1,000.00 $2,500.00 Final Design: $3,000.00 $1,500.00 $2,500.00 Construction Documents: $14,700.00 $7,500.00 $6,500.00 Bidding Services: $ 2.000.00 $ 1.200.00 $ 1.500.00 Total: $20,700.00 $11,200.00 $13,000.00 TOTAL LUMP SUM FEE: $44,900.00 (inclusive.of expenses) Fees include the following Consultant fees: Magnolia Square: Architectural Design: Electrical Design: $6,500.00 . $3,000.00 City Hall Retention Pond: Electrical Design: $3,000.00 '" AMENDMENT 78 TO AGREEMENT DATED NOVEMBER 27,1984 CONSULTING ENGINEERING SERVICES FOR LANDSCAPE ARCHITECTURAL SERVICES FOR MAGNOLIA SQUARE, THE RETENTION POND BEHIND CITY HALL AND THE TRAIL CONNECTING MAIN STREET WITH CENTRAL WINDS PARK BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2003, 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 Landscape Architectural, Architectural and Engineering Services, more specifically itemized herein, in the preparation of Plans and Specifications and other services for Magnolia Square, City Hall retention pond and the Trail Corridor form Main Street to Central Winds Park. 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 CPH has fully qualified and registered Landscape Architects on staff. 2.1.3 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 Public Works 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 the landscape improvements as listed below. It is assumed that the lighting for the trail will be provided by Florida Power. 3.1.1 The project includes the following: 1. Landscape and hardscape design of Magnolia Square including the restroom/pavilion. 2. Landscape design around the pond behind City Hall. 3. Design and layout of the trail from Main Street, heading north, through the State land down the center of Hickory Grove Road, connecting to the City Hall retention pond and then extending to Central Winds Park. 4. Engineering services as required to integrate project within its surroundings.. 5. Project management coordination services. We have divided the project into three tasks consistent with items 1, 2, and 3 indicated above. 3.1.2 The project will be coordinated with the landscape and hardscape features of the Streetscapes project currently under construction. Landscape and hardscape features will be reduced as we move away from the Main Street corridor. 3.1.3 Preliminary Concept The preliminary concepts for Magnolia Square and the retention pond have been previously designed; these concepts will be reviewed with the City Manager and staff. A preliminary plan will be provided for the trail extension which be distributed to the City Manager and staff. Upon receipt of comments, the concept will be revised and, if required, presented to the Commission at a workshop. 3.1.4 The landscape architect will take the comments from all parties and develop a final plan. Coordination will continue with City staff during this process. Orice the final design is approved by the City Manager and the Commission (if required), work will begin on the construction documents. 3.1.5 Construction Documents The construction documents shall include the bllowing: Task 1- Magnolia Square: 1 . Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) 6. Electrical (low. level lighting and park lighting - not streetlights, pavilion electrical) 7. Architectural Design and details for the pavilion 8. Opinion of Probable Construction Cost Task 2- Retention Pond Landscaping: 1. Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, 3.1.6 3.1.7 3.1.8 3.1.9 3.1.10 3.1.11 3.2 3.2.1 3.2.2 3.2.3 3.3 3.3.1 3.3.2 3.3.3 3.3.4 bollards, etc.) 6. Electrical (low level lighting) 7. Opinion of Probable Construction Cost Task 3- TraH Extension: 1. Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) 6. Opinion of Probable Construction Cost Retain the service of an electrical engineer to provide park/landscape lighting. Coordinate services and also coordinate type with street lighting and other development, which will take place in the Town Center. Retain the service of an Architect to provid3 pavilion design. Prepare bid packages for distribution in accordance with City procedures, i.e. Demand Star. Perform field check of completed construction documents. Prepare site plans for review and submittal to meet City requirements and presentation through the DRC process. Prepare final construction documents. PERMITS Task 1- - ENGINEER will obtain permits from State of Florida and Seminole County for trail. Task 2- No permits are necessary for this work. We consider this to bea part of the pond design, which has been permitted. Task 3- ENGINEER will obtain permits from Stateof Florida and Seminole County for trail. BIDDING SERVICES Prepare advertisement for bid for placement in appropriate publications by the OWNER. Provide copies of reproducible plans and specifications to the OWNER or his designated representative for distribution by others. Issue addenda to the documents as required. Answer questions of bidders and suppliers. No interpretations of the documents shall be made, other than through issuance of addenda to the documents. 3.3.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. 3.3.6 Evaluate the eids and assist the OWNER in the selection of the construction contractor. 3.3.7 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. 3.3.8 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 b Proceed to the Contractor. 3.4 CONSTRUCTION ADMINISTRATION SERVICES Provide Construction Administration services for the project under a separate agreement. 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 4.2.1 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, 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 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, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.8 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.9 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: The fee for the engineering design and permitting scope of services described herein shall be a total lump sum fee of$44,900.00, inclusive of out of pocket expenses. 6.2 OTHER PAYMENT ITEMS 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 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 $800.00 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 basis at standard billing rates). 6.2.4 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made on 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 OV\NER. 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 orthe construction cost will not vary from opinions of probable cost prepared by him. 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. 7.2 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 ~e>-- ~~) By: /t'~ c-/'/'~ Date: ~ ~ /2 - tf? ENGINEER: CPH Engineers, Inc. ATTEST ........... J:\Z6582.00\WP-WORD\PROPOSAL\Mju\AMENDMENT 78 WINTER SPRINGS.doc EXHIBIT A STANDARD BilliNG RATES Standard Classification Billin~ Rates Classification Rate Pri ncipal............................. ..... ..... ....................... ........... $105.00 Profess ional Enaineer................. .............. ........ ........... $95.00 Engi neering Manager................~.............. ............... ..... $90.00 Sr. Desian Enaineer........... ........................................... $80.00 Des ig n E nai neer EIT................................. .................... $70.00 Traffic E ngi neer ................................... ......................... $120.00 Sr. Planner...... ~.................................... .......................... $95.00 Construction Manager..... .............. ........... ................... $90.00 Planner.............................. ............................................. $76.00 landscape Arch itect ............................... ................ ..... $85.00 landscape Arch itect I....... ........ ........... ........... ............. $72.00 Professiona I land Survevor.......... ......................... ..... $85.00 Construction Field Rep ............................................... $65.00 Sr. Design Technician.............................. .................... $77.00 Des ian Tech n ician..................... .............................. ..... $70.00 Sr. CADD T echn ician....... ............ .............. ................... $67.00 CADD Technician............. ......................... .................... $55.00 CADD Ooerator .......................................... ................... $50.00 Ad m i n istrative............................................................... $50.00 Clerical II.................................................. ...................... $45.00 Clerical r.................. ......... ....... ....................................... $35.00 EXHIBIT B COST BREAKDOWN EXHIBIT B Task 1 Task 2 Task 3 Magnolia Square Retention Pond Trail Extension Preliminary Concept: $1,000.00 $1,000.00 $2,500.00 Final Design: $3,000.00 $1,500.00 $2,500.00 Construction Documents: $14,700.00 $7,500.00 $6,500.00 Bidding Services: $ 2.000.00 $ 1,200.00 $ 1.500.00 Total: $20,700.00 $11,200.00 $13,000.00 TOTAL LUMP SUM FEE: $44,900.00 (inclusive of expenses) Fees include the following Consultant fees: Magnolia Square: Architectural Design: Electrical Design: $6,500.00 $3,000.00 City Hall Retention Pond: Electrical Design: $3,000.00 , - AMENDMENT 78 TO AGREEMENT DATED NOVEMBER 27,1984 CONSUL TING ENGINEERING SERVICES FOR LANDSCAPE ARCHITECTURAL SERVICES FOR MAGNOLIA SQUARE, THE RETENTION POND BEHIND CITY HALL AND THE TRAIL CONNECTING MAIN STREET WITH CENTRAL WINDS PARK BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2003, 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, hereinsettir)g forth the scope, terms and conditions of the services herein authorized. The appropriate- provisioqs of the November 27, 1984, Agreell)ent apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Landscape Architectural, , Architectural and Engineering Services, more specifically itemized herein, in the preparation of Plans and Specifications and other services for Magnolia Square, City Hall retention pond and the Trail Corridor form Main Street to Central Winds Park. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to p13rform professional services in connection with the project as hereinafter stated. 2.1,2 CPH has fully qualified and registered Landscape Architects on staff. 2.1,3 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 Public Works 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 Jor the landscape improvements as listed below, It is assumed that the lighting for the trail will be provided by Florida Power, 3,1.1 The project includes the following: 1. Landscape andhardscape design of Magnolia Squa're including the restroom/pavilion. 2. Landscape design around the pond behind City Hall. 3. Design and layout of the trail from Main Street, heading north, through the State land down the center of Hickory Grove Road, connecting to the City Hall retention pond and then extending to Central Winds Park, 4. Engineering services as required to integrate project within its surroundings. 5. Project management coordination services. We have divided the project into three tasks consistent with items 1, 2, and 3 indicated above.' 3.1.2 The project will be coordinated with the landscape and hardscape features of the Streetscapes project currently under construction. Landscape and hardscape features will be reduced as we move away from the Main Street corridor. 3.1.3 Preliminary Concept The preliminary concepts for Magnolia Square and the retention pond have been previously designed; these concepts will be reviewed with the City Manager and staff. A preliminary plan will be provided for the trail extension which be distributed to the City Manager and staff. Upon receipt of comments, the concept will be revised and, if required, presented to the Commission at a workshop. 3.1.4 The landscape architect will take the comments from all parties and develop a final plan. Coordination will continue with City staff during this process. Once the final design is approved by the City Manager and the Commission (if required), work will begin on the construction documents. 3.1.5 Construction Documents The construction documents shall include the bllowing: Task 1- Magnolia Square: 1. Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) , , 6. Electrical (low level lighting and park lighting - not streetlights, pavilion electrical)- 7. Architectural Design and details for the pavilion 8. Opinion of Probable Construction Cost Task 2- Retention Pond Landscaping; 1. Grading Plans 2. Pavement Materials,and Design 3. Landscape Desigr:l and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) 6, Electrical (low level lighting) 7. Opinion of Probable Construction Cost Task 3- Trail Extension: 1. Grading Plans 2. Pavement Materials and Design 3. Landscape Design and Specifications 4. Irrigation Design and Specifications 5. Furniture Specifications (benches, litter receptacles, bike, racks, lighting, bollards, etc.) 6. Opinion of Probable Construction Cost 3.1.6 Retain the service of an electrical engineer to provide park/landscape lighting. Coordinate services and also coordinate, type with street lighting and other development, which will take place in the Town Center. 3.1.7 Retain the service of an Architect to provice pavilion design. 3,1.8 Prepare bid packages for distribution in accordance with City procedures, i.e. Demand Star. 3.1.9 Perform field check of completed construction documents, 3.1.10 Prepare site plans for review and submittal to meet City requirements and presentation through the DRC process. 3.1.11 Prepare final construction documents. 3.2 PERMITS 3.2.1 Task 1- - ENGINEER will obtain permits from State of Florida and Seminole County for trail. 3.2.2 Task 2- No permits are necessary for this work. We consider this to be a part of the pond design, which has been permitted. 3.2.3 Task 3- ENGINEER will obtain permits from Stateof Florida and Seminole County for trail. 3.3 BIDDING SERVICES 3.3.1 Prepare advertisement for- bid for placement in appropriate publications by the OWNER. ' 3.3,2 Provide copies of reproducible plans and specifications to the OWNER or his designated representative for distribution by others. 3.3,3 Issue addenda to the documents as required. 3,3.4 Answer questions of bidders and suppliers, No interpretations of the documents shall be made, other than through issuance of addenda to the documents. , " ~ 3.3.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. 3.3.6 Evaluate the bids and assist the OWNER in the selection of the construction contractor. 3.3.7 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. 3.3.8 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 b Proceed to the Contractor. 3.4 CONSTRUCTION ADMINISTRATION SERVICES Provide Construction Administration services for the project under a separate agreement. ! 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 ,4,2.1 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 co!"nection 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, 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 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 onthe 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 ENGINE!=R 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, necessary additional,services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.8 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.9 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: The fee for the engineering design and permitting scope of services described herein shall be a total lump sum fee of$44,900.00, inclusive of out of pocket expenses. 6.2 OTHER PAYMENT ITEMS 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 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 $800.00 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 basis at standard billing rates). 6.2.4 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made on 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 OV\NER., 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 doesnot 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:-/f~cJ ~~~ .,. .. . Date: c- {/::( :-.. G.~ / ENGINEER: CPH Engineers, Inc. ATTEST '- BY:~~ 94 /4~ Date: S 20/03 J:\Z6582.00\WP-WORD\PROPOSAL\Mju\AMENDMENT 78 WINTER SPRINGS.doc . EXHIBIT A STANDARD BILLING RATES. . Standard Classification Billin~ Rates Classification Rate Pri ncipa I......................................................................... $105.00 Profess ional E nai neer............:......;....................... ....... $95.00 Engineering. Manager .....................:... ......... ................. $90.00 Sr. Design Engi neer...................... ..... ................... ........ $80:00 Design E ngi neer EIT...:................................................. $70.00 Traffic E ng i neer ............................................................ $120.00 Sr. Plan ner ..................................................................... $95.00 Construction Manager ............. ........ .... .......... ........ ...... $90.00 . Pia n ner .................................................. ......................... $76.00 Landscape Architect ................... ........... ......... .............. $85.00 Landscape Architect I ............. ................................ ..... $72.00 . Professiona I La nd Su rvevor...:....................... ............. $85.00 Construction Field Rep ............................... ................ $65.00 Sr. Desian Technician ..................... ........... ........... ........ $77.00 . Desian Technician ...... .................................... ....... ....... $70.00 Sr. CADD Technician.. ....................... .................... ....... $67.00 CADD Tech nician.......... .................................................. $55.00 CADD Operator ........... .......... ...................... ..... ....... ....... $50.00 Adm i nistrative...........:...................:............................... . $50.00 C lerica I II........................................................................ $45.00 C lerica I I....... ................................. ....... ~........................... $35.00 ~ . EXHIBIT B COST BREAKDOWN EXHIBIT B Task 1 Task 2 Task 3 Magnolia Square Retention Pond Trail Extension Preliminary Concept: $1,000.00 $1,000.00 $2,500.00 Final Design: $3,000.00 $1,500.00 $2,500.00 Construction Documents: $14,700.00 $7,500.00 $6,500.00 Bidding Services: $ 2.000'.00 $ 1.200.00 $ 1.500.00 Total: $20,700.00 $11,200.00 $13,000.00 . TOTAL LUMP SUM FEE: $44,900.00 (inclusive of expenses) Fees include the following Consultant fees: Magnolia Square: Architectural Design: $6,500.00 . Electrical Design: $3,000.00 City Hall Retention Pond: Electrical Design: - $3,000.00