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HomeMy WebLinkAbout2002 09 23 Consent F Amendment 76 Central Winds Roadway and Entrance Improvements -. COMMISSION AGENDA ITEM F CONSENT X INFORMA TIONAL PUBLIC HEARING REGULAR 09/23/02 Meeting MGR. rv-- /DEPT C ~ Authorization REQUEST: The Parks and Recreation Department is requesting authorization to execute Amendment 76 Central Winds Roadway and Entrance Improvements 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 76 for the Central Winds Park Roadway and Entrance Improvements with C.P.H. at a cost of $ 49,657.00. CONSIDERA TIONS: . The amendment is needed for Consulting Engineering Services for the Central Winds Roadway and Entrance Improvements. . The scope of work includes Engineering Services, Permits and Bidding Services at a cost of $ 49,657.00. . The total project is budgeted for $ 300,000 and funded totally by 1 % sales tax. . CPH has done many city projects and is very familiar with the requirements and reporting that IS necessary. FUNDING: The funding source is 1 % sales tax for $ 49,657.00, Line Code 115-56386. 1 RECOMMENDATION: Parks and Recreation recommends that authorization be given for the execution of Amendment 76 for Consulting Engineering Services for Central Winds Roadway and Entrance Improvements with Conklin, Porter, and Holmes Engineers, Inc. at a cost of 49,657.00 from Line Code 115-56386. IMPLEMENT A TION SCHEDULE: Oct. 2002 - Apr. 2003 May 2003 - Jun. 2003 July 2003 - Dec. 2003 J an uary 2004 Permitting and Design. Bid and Award. Construction. Open for Use. ATTACHMENTS: Attachment #1 Amendment 76 COMMISSION ACTION: 2 ATTACHMENT III AMENDMENT 76 TO AGREEMENT DATED NOVEMBER 27,1984 CONSULTING ENGINEERING SERVICES FOR CENTRAL WINDS ROADWAY AND ENTRANCE IMPROVEMENTS BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2002, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements for a new entrance road to Central Winds Park. The length of the road construction is approximately 1840 lineal feet. The roadway cross section will be in general compliance with the Central Winds concept plan. Modification may be required due to available ROWand other considerations. 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, Parks & Recreation Director, and Public Works/Utilities Director and will submit interim plans to them fortheir review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans, specifications and permitting for the Central Winds Park Access Road Roadway Improvements. The roadway section consists of a divided roadway section, a.k.a., boulevard with sidewalk, landscaped area, on-street parallel parking, traffic lane with curb and gutter, center island/median with curb and gutter, and repeat on a mirror image for the other side. 3.1.1 Stormwater Preliminary stormwater design work will be performed during the Mass Grading Plan submittal. Detailed field design will be required as well as a permit modification for the roadway. 3.1.2 Right-of-way For purposes ot this proposal, new right-ot-way will be required. The ENGINEER will identify the right-ot-way required. The CITY will acquire and provide the necessary documentation tor the additional right-ot-way. 3.1.3 Route This is a new roadway approximately 1840 lineal teet and tollows the alignment in the Central Winds Park Concept Plan. 3.2 PRELIMINARY ENGINEERING SERVICES - DATA COLLECTION/ANAL YSIS 3.2.1 ENGINEER will perform preliminary engineering services ot the tollowing: a) Establish the existing corridor and adjacent land uses. Establish ROW needs. b) Review existing drainage and options for expansion of the existing system and the need for other properties. c) Obtain previous drawings and stormwater permitting data. d) Review off-site contributary drainage requirements. e) Provide tor a connection to existing roadway at the traffic light at S.R. 434. 3.2.2 A survey was provided by a licensed surveyor tor the City and forwarded to CPH Engineers, Inc. 3.2.3 We understand that an environmental review has been performed and that the gopher tortoises will be removed prior to construction. 3.2.4 The ENGINEER will retain the services of a soils consultant to obtain data on the groundwater table and existing soils conditions. 3.3 ENGINEERING DESIGN 3.3.1 Prepare final engineering plans at 1" = 30' scale with single plan and profile sheets. a) Cover sheet b) Key sheet and general notes c) Typical roadway sections d) Structure data sheet e) Project layout f) 'Survey (one sheet) (1" = 60' scale) g) Plan and profile (two sheets) h) Roadway cross sections (two sheets) (Every 100 LF) i) Stormwater pond(s) j) Parking Revisions/Improvements k) Landscape plan (two sheets) (double plan) (one detail) I) Irrigation plans (two sheets) (double plan) (one detail) m) Signing and marking plan 3.3.2 Prepare a specification for review by the OWNER. 3.3.3 Prepare a preliminary opinion of probable construction cost. 3.4 PERMITTING 3.4.1 Assist the OWNER in the preparation of a SJRWMD permit application for Central Winds Park Entrance Road and the Parker area. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types, which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional seNices in connection with the project including seNices normally furnished by the OWNER as described in Section 5 herein and seNices not otherwise provided for in this Amendment. 4.1.3 Preparing to seNe and seNing as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering seNices required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide, through a subconsultant, sUNeying services if requ!red or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S poli~ies 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 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 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 seNices as stipulated in Section 4 of this Amendment, or other seNices as required. Provide such legal, accounting, and insurance counseling seNices as may be required for the project, and such auditing seNices as the OWNER may require. Give prompt written notice to the ENGINEER whenever the OWNER obseNes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed on the basis of standard billing rates, plus reimburs,able expenses. The fee for the scope of services described in Sections 3.1. through 3.4 will be provided for a lump sum fee of $46,883.00. In addition, there are outside consultant fees for soils services in the amount of $2,774.00. The total fee for all items above is $49,657.00. We have not included any bidding or construction services at this time. 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Amendment and to partners, successors, executors, administrators, and assigns of such other party in respect to all cov~nants of this Amendment. Nothing h.erein 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. AtT~S1 J\}l OWNER: City of ~ Springs, Florida \ /) ~)dJ} By ~~~ '-.1 Date: September 23, 2002 ENGINEER: CPH Engineers, Inc. ByY~/~ Date: 1//;/Q ~ J:\Z6582\PROPOSALS\WSPGS\AMEND76.DOC\tmz ATTACHMENT A STANDARD BILLING RATES . , Standard Classification Billing Rates Classification Rate Principal. . . .. " . . . . . . ... . . . . . . . .. . . . . . .. . . . .. ...... . . . ..... . . . . . $105.00 Professional Eng i neer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00 Engineering Manager. . . . . . ..... . . . . ... . . . . ... . .. ... . .. . '" . . $90.00 Sf. Design Engineer .0. ...................................... $80.00 Design Engineer EIT ........................................ $70.00 Sf. Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00 Construction Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $78.00 Planner ............................... .... .... .................. $90.00 Landscape Architect ......................................... $85.00 Registered Land Surveyor .................................. $85.00 Construction Field Rep II.................................. . $65.00 Sf. Design Technician....................................... $77.00 Design Technician............................................ $70.00 Sf. CADD Technician...................................... . $67.00 CADD Technician........................................... . $55.00 CADD Operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Administrati ve ................................................ $50.00 Clerical II ...................................................... $45.00 Clerical I . .. .. . .. .. . .. .. .. . . .. .. .. .. .. . . . . .. .. . .. . .. . .. .. . . . .. .. $35.00 Billing rates are reviewed annually and may be modified, with client approval. - '\ r AMENDMENT 76 TO AGREEMENT DATED NOVEMBER 27,1984 CONSULTING ENGINEERING SERVICES FOR CENTRAL WINDS ROADWAY AND ENTRANCE IMPROVEMENTS BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated ,2002, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements for a new entrance road to Central Winds Park. The length of the road construction is approximately 1840 lineal feet. The roadway cross section will be in general compliance with the Central Winds concept plan. Modification may be required due to available ROWand other considerations. 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, Parks & Recreation Director, and Public Works/Utilities Director and will submit interim plans to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans, specifications and permitting for the Central Winds Park Access Road Roadway Improvements. The roadway section consists of a divided roadway section, a.k.a., boulevard with sidewalk, landscaped area, on-street parallel parking, traffic lane with curb and gutter, center island/median with curb and gutter, and repeat on a mirror image for the other side. 3.1.1 Stormwater Preliminary stormwater design work will be performed during the Mass Grading Plan submittal. Detailed field design will be required as well as a permit modification for the roadway. 3.1.2 Right-of-way For purposes of this proposal, new right-of-way will be required. The ENGINEER will identify the right-of-way required. The CITY will acquire and provide the necessary documentation for the additional right-of-way. 3.1.3 Route This is a new roadway approximately 1840 lineal feet and follows the alignment in the Central Winds Park Concept Plan. 3.2 PRELIMINARY ENGINEERING SERVICES - DATA COLLECTION/ANAL YSIS 3.2.1 ENGINEER will perform preliminary engineering services of the following: a) Establish the existing corridor and adjaqent land uses. Establish ROW needs. b) Review existing drainage and options for expansion of the existing system and the need for other properties. c) Obtain previous drawings and stormwater permitting data. d) Review off-site contributary drainage requirements. e) Provide for a connection to existing roadway at the traffic light at S.R. 434. 3.2.2 A survey was provided by a licensed surveyor for the City and forwarded to CPH Engineers. Inc. 3.2.3 We understand that an environmental review has been performed and that the gopher tortoises will be removed prior to construction. 3.2.4 The ENGINEER will retain the services of a soils consultant to obtain data on the groundwater table and existing soils conditions. 3.3 ENGINEERING DESIGN 3.3.1 Prepare final engineering plans at 1" = 30' scale with single plan and profile sheets. a) Cover sheet b) Key sheet and general notes c) Typical roadway sections d) Structure data sheet e) Project layout f) Survey (one sheet) (1" = 60' scale) g) Plan and profile (two sheets) h) Roadway cross sections (two sheets) (Every 1 00 LF) i) Stormwater pond(s) j) Parking Revisions/Improvements k) Landscape plan (two sheets) (double plan) (one detail) I) Irrigation plans (two sheets) (double plan) (one detail) m) Signing and marking plan 3.3.2 Prepare a specification for review by the OWNER. 3.3.3 Prepare a preliminary opinion of probable construction cost. 3.4 PERMITTING 3.4.1 Assist the OWNER in the preparation of a SJRWMD permit application for Central Winds Park Entrance Road and the Parker area. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types, which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide, through a subconsultant, surveying services if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions pertinent to the work covered by this Amendment. 5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. 5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 accessible for inspection. Examine all studies, reports, sketches, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. Obtain approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed on the basis of standard billing rates, plus reimbursable expenses. The fee for the scope of services described in Sections 3.1. through 3.4 will be provided for a lump sum fee of $46,883.00. In addition, there are outside consultant fees for soils services in the amount of $2,774.00. The total fee for all items above is $49,657.00. We have not included any bidding or construction services at this time. 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any cons~ruction 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. By: .' '. Date: September 23, 2002 ENGINEER: CPH Engineers. Inc. By: Y/ll/o L Date: J:\Z6582\PROPOSALS\WSPGS\AMEND76.DOC\tmz ATTACHMENT A STANDARD BILLING RATES Standard Classification Billing Rates Classification Rate Principal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00 Professional Engineer........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00 Engineering Manager.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Sf. Design Engineer ......................................... $80.00 Design Engineer EIT ........................................ $70.00 Sf. Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95;00 Construction Manager .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . $78.00 Planner ......................................................... $90.00 Landscape Architect ......................................... $85.00 Registered Land Surveyor .................................. $85.00 Construction Field Rep II ... .. . . .. . .. . .. . .. .. .. .. . .. . .. .. .. . $65.00 Sf. Design Technician........... ........... ...... ........... $77.00 Design Technician............................................ $70.00 Sf. CADD Technician....................................... $67.00 CADD Technician............................................ $55.00 CADD Operator.............................................. $50.00 Administrative ................................................ $50.00 Clerical II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Clerical I ....................................................... $35.00 Billing rates are reviewed annually and may be modified, with client approval. ; ", , ....,.. ATTACHMENT III AMENDMENT 76 TO AGREEMENT DATED NOVEMBER 27, 1984 CONSUL TING ENGINEERING SERVICES FOR CENTRAL WINDS ROADWAY AND ENTRANCE IMPROVEMENTS BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated ., 2002, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. .; SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements for a new entrance road to Central Winds Park. The length of the road construction is approximately 1840 lineal feet. The roadway cross section will be in general compliance with the Central Winds concept plan. Modification may be required due to available ROWand other considerations. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 The ENGINEER will serve as the OWNER'S professional engineering representative in those phases of the projeCt to which this Amendment applies, and will give consultation and advice to the OWNER during the performance of his services. The ENGINEER will perform the services forthe City Commission under the general supervision of the City Manager, Parks & Recreation Director, and Public Works/Utilities Director and will submit interim plans to them fortheir review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans, specifications and permitting for the Central Winds Park Access Road Roadway Improvements. The roadway section consists of a divided roadway section, a.k.a., boulevard with sidewalk, landscaped area, on-street parallel parking, traffic lane with curb and gutter, center island/median with curb and gutter, and repeat on a mirror image for the other side. ., " 3.1.1 Stormwater Preliminary stormwater design work will be performed duril}g the Mass Grading Plan submittal. Detailed field design will be required as well as a permit modification for the roadway. 3.1.2 Right-of-way For purposes of this proposal, new right-of-way will be required. The ENGINEER will identify the right-of-way required. The CITY will acquire and provide the necessary documentation for the additional right-of-way. 3.1.3 Route This is a new roadway approximately 1840 lineal feet and follows the alignment in the Central Winds Park Concept Plan. 3.2 PRELIMINARY ENGINEERING SERVICES - DATA COLLECTION/ANAL YSIS 3.2.1 ENGINEER will perform preliminary engineering services of the following: a) Establish the existing corridor and adjacent land uses. Establish ROW needs. b) Review existing drainage and options for expansion of the existing system and the need for other properties. c) Obtain previous drawings and stormwater permitting data. d) Review off-site contributary drainage requirements. i e) Provide for a connection to existing roadway at the traffic light at SR. 434. 3.2.2 A survey was provided by a licensed surveyor for the City and forwarded to CPH Engineers, Inc. 3.2.3 We understand that an environmental review has been performed and that the gopher tortoises will be removed prior to construction. . 3.2.4 The ENGINEER will retain the services of a soils consultant to obtain data on the groundwater table and existing soils conditions. 3.3 ENGINEERING DESIGN 3.3.1 Prepare final engineering plans at 1" = 30' scale with single plan and profile sheets. a) Cover sheet b) Key sheet and general notes c) Typical roadway sections d) Structure data sheet e) Project layout f) "Survey (one sheet) (1" = 60' scale) g) Plan and profile (two sheets) h) Roadway cross sections (two sheets) (Every 1 00 LF) i) Stormwater pond(s) j) Parking Revisions!1 mprovements k) Landscape plan (two sheets) (double plan) (one detail) I) Irrigation plans (two sheets) (double plan) (one detail) m) Signing and marking plan 3.3.2 Prepare a specification for review by the OWNER. 3.3.3 Prepare a preliminary opinion of probable construction cost. 3.4 PERMITTING 3.4.1 Assist the OWNER in the preparation of a SJRWMD permit application for Central Winds Park Entrance Road and the Parker area. 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 type~, which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1,2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide, through a subconsultant, surveying services if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested ,by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to act as the OWt:'JER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions pertinent to the work covered by this Amendment. 5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. 5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. 5.1.5 Examine all studies, reports, sketches, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. 5.1.6 Obtain approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 5.1.7 Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. 5.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.9 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.10 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed on the basis of standard billing rates, plus reimbursable expenses. The fee for the scope of services described in Sections 3.1. through 3.4 will be provided for a lump sum fee of $46,883.00. In addition, there are outside consultant fees for soils services in the amount of $2,774.00. The total fee for all items above is $49,657.00. We have not included any bidding or construction services at this time. 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2. Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 . If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEERshall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt o'fnotice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrat'ors 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 cov~nants 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 A~ES1 J,l~ By: ~~ Date: September 23, 2002 ENGINEER: CPH Engineers, Inc. BY:2-7tfr~ Date: 1//;/0:2- J:\Z6582\PROPOSALS\WSPGS\AMEND76.DOC\lmz ATTACHMENT A STANDARD BILLING RATES ~ . Standard.Classification Billing Rates Classification Rate Principal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . , . . . . . . . . . . . . . . . . . . . . . $105.00 Professional Engineer.................. . . . . . . . . . , . .. . . . . . .. . . $95.00 Engineering Manager............ . . . .. . . . . . . . . . . . . . . . . . . . . . . . $90.00 S1'. Design Engineer ......................................... $80.00 Design Engineer BIT ........................................ $70.00 Sr., Planner..................................................... $95.00 Construction Manager. .. ....... . .. ... ...... ... . . , .. . . . . . . . . . $78.00 , . Planner ...:..................................................... $90.00 Landscape Architect ......................................... $85.00 Registered Land Surveyor..... ... ... .. ....... . .. .. . . . .. .. . . $85.00 Construction Field Rep II .. . .. .. .. . .. .. .. .. . .. . .. . .. . .. .. .. . $65.00 Sr. Design Technician....................................... $77.00 Design Technician............................................ $70.00 S1'. CADD Technician....................................... $67.00 CADD Technician........ .... .... ... ....... .... ....... ....... $55.00 CAD D Operator...............................:............... $50.00 Administrative............................................... . $50.00 Clerical II .....................................;..... '.. ..... .. .. $45.00 - Clerical I .. . .... .. . ..... .. . . ....... ..... ... .: .. ........... .. .. .. $35.00 Billing rates are reviewed annually and may be modified, with client approval.