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HomeMy WebLinkAbout2001 11 12 Consent G Amendment 71 for the Torcaso Park Expansion COMMISSION AGENDA ' CONSENT x INFORMATIONAL ITEM G PUBLIC HEARING 11/12/01 Meeting REGULAR MGR. ~ IDEPT C2.. Authorization REQUEST: The Parks and Recreation Department is requesting authorization to execute Amendment 71- Torcaso 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 71 for the Torcaso Park Expansion with c.P.H. at a cost of$ 33,480.00. CONSIDERATIONS: . The amendment is needed for Consulting Engineering Services for the Torcaso Park Expansion (Parking, 60 cars, Football Field, Splash Playground, Sidewalks, Walkway Lighting, Landscaping, Irrigation, and Mitigation). . The scope of work includes Engineering Services, Permits, Bidding Services, and Construction Administration at a cost of 33,480.00. . The amount budgeted for these services is $ 38,480.00. The total project is $ 485,000.00 and funded totally by a reimbursable CDBG Grant through Seminole County. . CPH has done many CDBG Grant Projects and is very familiar with the requirements and reporting that is necessary. . The CDBG program has a very time-time frame and this project must be completed by December 31,2002. FUNDING: The funding source is a CDBG Grant for $ 485,000.00, Line Code 7232-56310. RECOMMENDATION: Parks and Recreation recommends that authorization be given for the execution of Amendment 71 for Consulting Engineering Services for Torcaso Park Expansion with Conklin, Porter, and Holmes Engineers, Inc. at a cost of 33,480.00 from Line Code CDBG Grant 7232-56310. IMPLEMENTATION SCHEDULE: Meet with Seminole County CDBG and CPH on 11/14/01 and establish time line to complete project by December 31, 2002, per CDBG requirement. A TT ACHMENTS: Attachment # 1 Amendment 71 COMMISSION ACTION: 2 .(..,,, .. ATTACHMENT III '; AMENDMENT 71 TO AGREEMENT DATED NOVEMBER 27, 1984 CONSULTING ENGINEERING SERVICES FOR TORCASO PARK EXPANSION BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. .'. This Amendment dated , 2001, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an puthorized 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 Torcaso 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 Iiste~ below. 3.1.1 The project includes the following: a. Parking for sixty (60) cars. b. F~II size football field (dual use as a soccer field). c. Splash pool with eight (8) features. d. Sidewalks as shown on the conceptual plan. e. Walkway lighting. f. Landscaping design. g. Irrigation design - utilizing reuse. All items are contingent upon the allocated budget. Modifications may be required to stay within the budget. Such decisions will be made in cooperation with the City and County. 3.2 ENGINEERING SERVICES 3.2.1 Survey services have been provided by a licensed surveyor. The City will provide this survey to the Engineer. 3.2.2 The ENGINEER will retain the services of a soils consultant to obtain and supplement existing available data on the groundwater table, soil permeability, existing soils conditions/type, and existing stabilized area. They will also provide recommendations on the proposed paving of the parking area. Muck probes of the wetlands will also be required. 3.2.3 ENGINEER will retain the services of an electrical engineer to provide electrical design services for the walkway lighting and splash pool electrical needs. 3.2.4 Prepare a Specification for review by OWNER and County. 3.2.5 Prepare site plans for review and submittal to meet City requirements and presentation through the DRC process. 3.2.6 Perform field checks of completed Plans and Specifications with the OWNER's representative. 3.2.7 Prepare estimates of probable construction cost based upon final plans and Contract Documents. 3.2.8 Prepare 25%, 50%, 90% and 100% plans and specifications for review and comment by the City and County CDBG staff. 3.2.9 Prepare final plans and specifications for review and approval by the City staff, and other permitting agencies. ~. 3.3 PERMITS 3.3.1 Assist the OWNER in the preparation of a stormwater permit as required by the S1. Johns River Water Management District. Our submittal package and stormwater design will be based on expansion of the existing Police Station ponds. We would prepare a modification of the existing SJRWMD permits. 3.3.2 Respond to reasonable requests for additional information from the agency. 3.3.3 We will assist the OWNER in the preparation of a joint dredge and fill permit, a.k.a. Environmental Resource Permit (ERP). We will retain the services of an environmentalist to negotiate the mitigation of the site. This will be included in the stormwater package and permitting procedure. We will evaluate two options. The first is the purchase of credits through a mitigation wetlands bank. The second is the mitigation on site, i.e., on City-owned property adjacent to the park and currently surrounding the Public Safety Complex. Since project money is available for mitigation, it may be advisable to purchase the credits and keep the City wetlands for future use. 3.3.4 No FDEP permit for water and sewer is required. 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 OWNER will provide day to day inspection of the project and will advise the ENGINEER when items arise that need attention by the ENGINEER. ENGINEER will provide shop drawing review 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 throughout the project and we will help develop the monthly written project report. which is due to the County by the fifteenth (15th) day of each month. ENGINEER will also assist the OWNER in the development of the written project summary for the County to complete documentation of the project. 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 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 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 6.1 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 engineering design and permitting scope of services described herein shall be a total lump sum fee of $33,480.00. 6.2 REIMBURSED EXPENSES 6.2.1 Expenses for items not specifically valued herein are to be reimbursed to the ENGINEE,R at the actual cost thereof. Said expenses shall include transportation and subsiste~ce 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 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 aflY 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. ". J:\z6582\WP\PROPOSALS\WINTER SPRINGS\AMEND 71.WPD \. '. ATTACHMENT A STANDARD BilliNG RATES ". @fYijQ Standard Classification Billine Rates Classification Rate Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00 Professional Enqineer . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 EnQineerinq Manaqer . . . . . . . . . . . . . . . . . . . . . . . . . $85.00 Sr. Desiqn Enaineer .. . .. .. . . .. . .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. . . $75.00 Desiqn Enqineer EIT . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Traffic Enqineer . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 Sr. Planner .. .. .. .. .. .. .. . .. .. . .. .. . .. .. .. .. . .. .. .. .. .. .. . .. .. . .. .. .. .. $90.00 Construction Manaqer . . , . . . . . . . . . . . . . . . . . . . . . . $78.00 Planner .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. . $76.00 Landscape Architect .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $72.00 Reqistered Land Surveyor .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. $75.00 Construction Field Reo II . . . . . . . . . . . . . . . . . . . . . . . $65.00 Sr. Desiqn Technician .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. $77.00 Desiqn Technician. . . . . . . . . . , . . . . . . . . . . . . . . . . . .. .. $70.00 Sr. CADD Technician .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. $56.00 CADD Technician .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. $50.00 CADD Operator. . . . . . . . . . . . . . . . . . . , . . . . . . . . . . $45.00 Administrative .. .. . .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. $50.00 Clerical " .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. . .. .. . .. .. .. .. .. .. .. .. .. $35.00 Clerical I .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. . .. .. .. .. .. $30,00 .', AMENDMENT 71 TO AGREEMENT DATED NOVEMBER 27,1984 CONSULTING ENGINEERING SERVICES FOR TORCASO PARK EXPANSION BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2001, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers. Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties. herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the 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 Torcaso 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. Parking for sixty (60) cars. b. Full size football field (dual use as a soccer field). c. Splash pool with eight (8) features. d. Sidewalks as shown on the conceptual plan. e. Walkway lighting, f. Landscaping design. g. Irrigation design - utilizing reuse, All items are contingent upon the allocated budget. Modifications may be required to stay within the budget. Such decisions will be made in cooperation with the City and County. 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 3,3 3.3.1 3.3.2 3,3.3 ENGINEERING SERVICES Survey services have been provided by a licensed surveyor. The City will provide this survey to the Engineer. The ENGINEER will retain the services of a soils consultant to obtain and supplement existing available data on the groundwater table, soil permeability, existing soils conditions/type, and existing stabilized area. They will also provide recommendations on the proposed paving of the parking area. Muck probes of the wetlands will also be required. ENGINEER will retain the services of an electrical engineer to provide electrical design services for the walkway lighting and splash pool electrical needs. Prepare a Specification for review by OWNER and County. 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 25%, 50%, 90% and 100% plans and specifications for review and comment by the City and County CDBG 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 as required by the St. Johns River Water Management District. Our submittal package and stormwater design will be based on expansion of the existing Police Station ponds. We would prepare a modification of the existing SJRWMD permits. Respond to reasonable requests for additional information from the agency. We will assist the OWNER in the preparation of a joint dredge and fill permit. a.k.a. Environmental Resource Permit (ERP). We will retain the services of an environmentalist to negotiate the mitigation of the site. This will be included in the stormwater package and permitting procedure. We will evaluate two options, The first is the purchase of credits through a mitigation wetlands bank. The second is the mitigation on site, Le., on City-owned property adjacent to the park and currently surrounding the Public Safety Complex. Since project money is available for mitigation, it may be advisable to purchase the credits and keep the City wetlands 3.3.4 3.3.5 3.4 3.4.1 3.4.2 3.4.3 3.4.4 3.4.5 3.4.6 3.4.7 3.4.8 3.5 for future use. No FDEP permit for water and sewer is required. City is responsible for all permit application fees. 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. Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. Evaluate the bids and assist the OWNER in the selection of the construction contractor. 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. 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. CONSTRUCTION ADMINISTRATION SERVICES Provide limited Construction Administration services for the project. The OWNER will provide day to day inspection of the project and will advise the ENGINEER when items arise that need attention by the ENGINEER. ENGINEER will provide shop drawing review 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 throughout the project and we will help develop the monthly written project report, which is due to the County by the fifteenth (15th) day of each month. ENGINEER will also assist the OWNER in the development of the written project summary for the County to complete documentation of the project. 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 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 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 6.1 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 engineering design and permitting scope of services described herein shall be a total lump sum fee of $33,480.00. 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 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 Sprii1gs, Florida By: ~MtJ;~~ Date:No.J~J..U~.:?<L I~. d.a:) l " ENGINEER: CPH Engineers, Inc. J:\z6582\WP\PROPOSALS\WINTER SPRINGS\AMEND 71.wPD ATTACHMENT A STANDARD BilliNG RATES , ' Standard Classification Billine Rates Classification Rate Principal . . . , . , . $105.00 Professional Engineer , . , . . . $90.00 Engineering Manager . . , . $85.00 Sr. Design Engineer . , . $75.00 Design Engineer EIT . . . . . . . , $55.00 Traffic Engineer. , . . . . . . $120.00 Sr. Planner . . , . . . $90.00 Construction Manager. . , , . . . $78.00 Planner . . , . . . . . $76.00 Landscape Architect . . , . . . $72.00 Registered Land Surveyor . . . $75,00 Construction Field Rep II , . . . , . , $65,00 Sr. Desiqn Technician . . . . . . . . . $77.00 Design Technician, . . $70.00 . . . Sr. CADD Technician . . . . $56.00 CADD Technician . . $50.00 CADD Operator. . . . . . . $45.00 Administrative . . . . $50.00 Clerical II . . $35.00 Clerical I . . $30.00 '. AMENDMENT 71 TO AGREEMENT DATED NOVEMBER 27,1984 . CONSULTING ENGINEERING SERVICES , I FOR TORCASO PARK EXPANSION BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2001, 'by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the 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 Torcaso Park Expansion. . SECTION 2 BASIC SERVICES OIF 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. Parking for sixty (60) cars. b. Full size football field (dual use as a soccer field). c. Splash pool with eight (8) features. d. Sidewalks as shown on the conceptual plan. e. Walkway lighting. f. Landscaping design. g. Irrigation design - utilizing reuse. All items are contingent upon the allocated budget. Modifications may be required to stay within the budget. Such decisions will be made in cooperation with the City and County. ENGINEERING SERVICES Survey services have been provided by a licensed surveyor. The City will provide' this survey to the Engineer. The ENGINEER will retain the services of a soils consultant to obtain and supplement existing available data on the groundwater table, soil permeability, existing soils conditions/type, and existing stabilized area. They will also provide " ~ recommendations on the proposed paving of the parking area. Muck probes of the it wetlands will also be required. 3.2.3 ENGINEER will r~tain the services of an electrical engineer to provide electrical design services for the walkway lighting and splash pool, electrical needs. 3.2.4 Prepare a Specification for review by OWNER and County. 3.2.5 Prepare site plans for review and submittal to meet City requirements and presentation through the DRC process. 3.2.6 Perform field checks of completed Plans and SpeCifications with the OWNER's representative. 3.2.7 Prepare estimates of probable construction cost based upon final plans and Contract Documents. 3.2.8 Prepare 25%, 50%, 90% and 100% plans and specifications for review and comment by the City and County CDBG staff. 3.2.9 Prepare final plans and specifications for review and approval by the City staff, and other permitting agencies. 3.3 PERMITS 3.3.1 Assist the OWNER in the preparation of a stormwaterpermit as required by the St. Johns River Water Management District. Our submittal package and stormw9ter design will be based on expansion of the existing Police Station ponds. We would prepare a modification of the existing SJRWMD permits. 3.3.2 Respond to reasonable requests for additional information from the agency. 3.3.3 We will assist the OWNER in the. preparation ora joint dredge and fill permit, a.k.a. Environmental Resource Permit (ERP)., We will retain the services of an environmentalist to negotiate the mitigatiOn of the site. This will be included in the stormwater package and permitting'procedure. We will evaluate two options. The first is the purchase of credits through a mitigation wetlands bank. The second is the mitigation on site, i.e., on City-owned property adjacent to the park and currently surrounding the Public Safety Complex. Since project money is available for mitigation, it may be advisable to purchase the credits and keep the City wetlands for future use. No FDEP permit for water and s'ewer is required. City is responsible for all permit application fees. BIDDING SERVICES Prepare advertisement for bid for placement in appropriate publications by the OWNER. f' 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 t~an 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 OWNE,R 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 OWNER will provide day to day inspection of the project and will advise the ENGINEER when items arise that need attention by the'ENGINEER. ENGINEER will provide shop drawingfeviewto 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 notact as the Project Manager forthis project. We will assist the designated Project Manager throughout the project and we will help develop the monthly written project report, which is due to the County by the fifteenth (15th) day of each month. ENGINEER will also assist the OWNER in the development of the written project summary for the County to complete documentation of the project. ' SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER If authorized in writing by the OWNER prior to the rendering of such services,the' ENGINEER will furnishor 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. 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 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 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. CI' . 5.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, 1:: necessary additional services as stipulated in Section 4 of this Amendment, or'other ..; I'.. r 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 The fee for the engineering design and permitting scope of services described herein shall be a total lump s~m fee of $33,480.00. 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 subsistel1ce 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. f 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 ds 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 Service~ 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 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 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 SRrings, Florida By: Jt;MW;7I!k~ Date: Naj~~0(L i'{~::;Jl , ENGINEER: CPH Engineers, Inc. J:\z6582\WP\PROPOSALS\WINTER SPRINGS\AMEND 71.WPD . . ATTACHMENT A STANDARD BU.LING RATES I . Standard Classification Billinc Rates Classification Rate Principal ................................... $105.00 Professional Engineer. . . . . . . . . . .. . . .. . . . . . . . . . $90.00 Engineering Manager .. '. . '. . . . . . . . . . . . . . . . . . . . . $85.00 Sr. Design Engineer ........................... $75.00 Design Engineer EIT . . . . .. . . . . . . . . . . . . . . . . . . . . $55.00 Traffic Engineer. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . $120.00 Sr. Planner ................................. $90.00 Construction Manager. . . . . . . . . . . . . . . . . . . . . . . . . $78.00 Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76.00 Landscape Architect . . . . . .'. . . . . . . . . . . . . . . . . . . . $72.00 Registered Land Survevor ..................... $75.00 Construction Field Rep II . . . .. . . . . . . .. . . . . . . . . . . $65.00 Sr. Design Technician . . .'. . . . . . . , . . . . . . . . . . . . . . $77.00 Design Technician. . . . . . . . . .'.- . . : . . . . . . . . . . . . . . $70.00 , . . Sr. CADD Technician ......................... $56.00 CADO Technician ... . . . . . . : . . . . . . . . . . . . . . . . . . $50.00 CADD Operator. . . . . . .'. . . . . . . . . . . '. . . . . . . . . . . . $45.00 Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Clerical II . .. . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . $35.00 Clerical I ........... '. . . . . '.' . . . . . . . . . . . . . . . . . . $30.00