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HomeMy WebLinkAboutCPH Engineers, Inc. Task No. 2 Civil Engineering Continuing Services Contract 2008 09 10 TASK No. 2 TO CIVIL ENGINEERING CONTINUING SERVICES CONTRACT DATED SEPTEMBER 10, 2008 FOR THE TUSCAWILLA UNIT 17 STORMWATER MODIFICATION (POND "A" AND "B ") BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Task Agreement dated AAN k 3 b , 2011, 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 Task to a Continuing Services Contract dated September 10, 2008, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of documents for the Stormwater Pond Modification within the Tuscawilla Unit 17 Development. 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 City Engineer and will submit interim plans and or reports to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of the plans and permits necessary to achieve approval and to perform construction. We will provide necessary design and calculations to replace the existing vertical volume control device with a regular stormwater control structure stormwater for Pond "A" and "B ". For Pond "A ", the current pond condition promotes vegetation growth within the submerged areas due to insufficient depth of the permanent pool. As part of our scope of services, we shall evaluate the possibility of raising the control structure elevation to increase the depth of the existing permanent pool volume in an effort to control vegetation growth and reduce maintenance problems. The ENGINEER will meet with the City to discuss options to remediate the problem. 3.2 Prepare preliminary engineering design for both outfall control structures based on the City approved Concept Plan. The preliminary engineering design will be used at City meetings with the review agencies in accordance with typical engineering guidelines. 3.3 Obtain new survey of the pond areas that includes delineation of the wetland boundary to be determined by an Environmentalist. 3.3.1 Survey (Provided by Tinklepaugh Surveying) • Topographic Survey of Pond "A" extending 50' beyond the pond's top perimeter. Include water level, all stormwater structure details and pond bottom (@ 2 middle locations). Wetlands line (within the 50' survey limits) with grade elevation. • Topographic Survey of Pond "B" extending 50' beyond the pond's top perimeter between the 2 existing stormwater control structures, located at the north end and east side of the pond. Wetlands line (within the 50' survey limits) with grade elevation. Elevations will be relative to an established city or county benchmark with a minimum of two (2) temporary benchmarks set on site for future reference and project control. The survey will include the site described above. Within the limits described, the survey will detail gravity sewer, lift stations and drainage systems (if any); said detail will include top rim, or grate elevations, bottom of structure elevations, pipe sizes and pipe invert elevations if accessible. Spot elevations will be collected at a sufficient density to provide accurate one -foot interval contours. In addition visible above ground indications of utilities on and immediately adjacent to the site will be located. Note: Certain sanitary and storm structures that have been either welded shut, locked, contain toxic gases, full of water and /or debris and with heavy grates /access lids or that are in traffic lanes, may not be accessible without the use of specialized equipment or additional personnel and may incur an additional fee. This proposal does not include excavation for verification of any underground improvements. Revisions, additional certifications, title reviews (if not included in scope) will be completed on an hourly basis as an extra service. Should additional services beyond the scope of this proposal be identified, all such services whether authorized by a change order, supplemental proposal, e-mail authorization, or verbal authorization, they shall be considered a continuation to the original / master proposal for this project. 3.4 Prepare final plans, schedule of quantities, opinion of probable construction, project schedule and technical specifications for specialty items. 3.5 Prepare documentation and permit modification submittal package for the Water Management District. As part of this task, final certification to the Water Management District is included. Fees for the submittal package will be the responsibility of the City. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types which will be paid for by the OWNER. 4.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide surveying services if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. 4.1.7 Provide, through a subconsultant, electrical /HVAC 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, 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 Principals and Employees of the ENGINEER. 6.1.2 The fee for the engineering design scope of services described herein will be provided for a lump sum fee of $15,850.00 for the base services, broken down as follows: Basic Services: 1. Preliminary Design: $ 3,600.00 2. Final Design: $ 5,200.00 3. SJRWMD Permit Package $ 3,500.00 4. Estimated Expenses $ 1,800.00 5. Specific Purpose Survey $ 1,750.00 TOTAL BASIC SERVICES $15,850.00 Additional Services, if required: 7. Bidding Services: $ 1,750.00 (Billed Hourly) 8. Construction Administration: $ 6,000.00 (Billed Hourly) 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Amendment and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and - executed this Amendment the day and year first above written. OWNER: City of Winter Springs, FL rida ATT By: • ENGINEER: CPH Enginee - nc. ATTEST ' ! By: t.7 - Date: 3 -2-9-ti J:\Z6582 \PROPOSALS \W SPGS \TASK2.DOC