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CPH Engineering Services Agreement - 2015 07 27
AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made and entered into this day of2015, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as "City ", located at 1126 E. State Road 434, Winter Springs, Florida 32708, and CPH, Inc., a Florida corporation, authorized to conduct business in the State of Florida, whose address is 1117 East Robinson Street, Orlando, FL 32801, hereinafter referred to as "Engineer." WITNESSETH: WHEREAS, City has a need to obtain engineering and related consulting services for Potable Water Quality Improvements; and WHEREAS, the City has followed the competitive selection and negotiation process set forth in the Florida's Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; and WHEREAS, Engineer participated in the selection and negotiation process; and WHEREAS, Engineer is willing to provide such engineering services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 This Agreement shall become effective on the Effective Date and shall remain in effect until the Engineer completes the services required by this Agreement to the full and complete satisfaction of the City. 1.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Engineer to provide the engineering services set forth herein. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Engineering Services Agreement City of Winter Springs and CPH, Inc. 1 Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Engineer" shall mean CPH, Inc., and its principals, employees, resident project representatives (and assistants). d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Reimbursable Expenses" shall mean the actual expenses incurred by Engineer or Engineer's independent professional associates and consultants which are directly related to travel and subsistence at the rates, and under the requirements of, Section 112.061, Florida Statutes, or any other actual and direct expenses the City agrees to reimburse pursuant to this Agreement. L "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties pursuant to this Agreement. 1.3 Engagement. The City hereby engages the Engineer and Engineer agrees to perform the Services outlined in this agreement for the stated fee arrangement. No prior or present representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 2.0 DESCRIPTION OF SERVICES 2.1 The scope of services under this Agreement is set forth in EXHIBIT "A." 2.2 Upon receipt of the signed written notice to proceed from the City, the Engineer shall perform the services set forth herein. 2.3 The City reserves the right, at its discretion, to perform any services related to this Agreement or to retain the services of other engineering companies to provide professional engineering services. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Engineer. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Engineer will negotiate any change in total cost or schedule modifications. If the City and the Engineer approve any change, the scope of services will be modified in writing to reflect the changes; and Engineer shall be compensated for said services in accordance with the terms of Article 5.0 herein. All change orders shall be authorized in writing by City's and Engineer's Engineering Services Agreement City of Winter Springs and CPH, Inc. 2 designated representative. 3.2 All Services shall be performed in strict accordance with the applicable professional standard of care and the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 Engineer shall perform services in conformance with the mutually agreed schedule set forth in EXHIBIT "A" or as provided in writing after the Effective Date. Engineer shall keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Engineer fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed -upon schedule. 4.2 No extension for completion of services shall be granted to Engineer without City's prior written consent, except as provided in Sections 3.1 and 19.1 herein. 4.3 Any cost caused by defective or ill -timed services shall be borne by the party responsible therefore. 5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER 5.1 Compensation. For the performance and full completion of the Services specified herein, the City and Engineer agree that the Engineer shall be paid a total lump sum fee of $281,862.75, inclusive of all Services, materials, and expenses directly related to the Services. There shall be no other compensation due Engineer for the Services provided under this Agreement, unless specifically agreed to by the City in writing. The lump sum fee shall be paid in monthly installments based on a percent complete of work complete to date under each task listed in EXHIBIT "A." Payment requests shall be made to the City by submitting a proper invoice detailing the Services performed and the payment requested. Payment will not be made for tasks not performed or for portions of any tasks not performed. 5.2 Florida Prompt Payment Act. Payment shall be due and payable as provided by the Florida Prompt Payment Act s.218.70 et. seq., Florida Statutes. 5.3 Miscellaneous. Under no circumstances shall actual or direct costs under this Agreement include costs associated with in efficiency, offsite or home office overhead, loss of productivity, consequential damages, legal or consulting costs, or costs associated with delays caused in whole or in part by the Engineer. 5.4 Errors and Deficiencies. Engineer shall not invoice the City or seek any Engineering Services Agreement City of Winter Springs and CPH, Inc. 3 compensation from the City to correct or revise any errors or deficiencies in Engineer's services provided under this Agreement. 5.5 Payment Offsets. To the extent that Engineer owes the City any money under this or any other Agreement with the City, the City shall have the right to withhold payment and otherwise back charge the Engineer for any money owed to the City by Engineer. 5.6 Payment not Waiver. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement and Engineer shall remain liable to the City in accordance with applicable law for all damages to the City caused by Engineer's performance of any services provided under this Agreement. 5.7 Delay Remedy. The risk of any monetary damages caused by any delays in performing the Services under this Agreement are accepted and assumed entirely by the Engineer, and in no event shall any claim relating thereto for an increase in compensation be made or recognized. Engineer shall not make any claim nor seek any damages of any kind against the City for any delays, impacts, disruption or interruption caused by any delay. Engineer's remedy for a delay shall be an equitable extension of time to perform the Services for each day of such delay that impacts the critical path of the schedule established under this Agreement. 6.0 RIGHT TO INSPECTION 6.1 City or its affiliates shall at all times have the right to review or observe the Services performed by Engineer. 6.2 No inspection, review, or observation shall relieve Engineer of its responsibility under this Agreement. 7.0 PROGRESS MEETING 7.1 City's designated Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of this Agreement. Engineer's Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project Manager. 8.0 SAFETY 8.1 Engineer shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) Engineering Services Agreement City of Winter Springs and CPH, Inc. 4 while performing Services provided hereunder. 9.0 REASONABLE ACCESS 9.1 During the term of this Agreement, City shall grant Engineer reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE 10.1 Liability Amounts. During the term of this Agreement, Engineer shall be responsible for providing the types of insurance and limits of liability as set forth below. a. Professional Liability. Proof ofprofessional liability insurance shall be provided to the City for the minimum amount of $1,000,000 as the combined single limit per claim and $1,000,000 in the aggregate. b. The Engineer shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence and in the aggregate to protect the Engineer from claims of property damages and personal injury which may arise from any Services performed under this Agreement whether such Services are performed by the Engineer or by anyone directly employed by or contracting with the Engineer. C. The Engineer shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the combined single limit for each occurrence to protect the Engineer from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Engineer or by anyone directly or indirectly employed by the Engineer. d. The Engineer shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article IO.I.b and 10.1.c herein, as its interest may appear, from time to time. Engineering Services Agreement City of Winter Springs and CPH, Inc. 10.3 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City, and the Engineer by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. In the event that the Engineer shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the Engineer. The Engineer shall immediately forward funds to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed or approved by the State of Florida to engage in the business of writing of insurance. Unless agreed to by the City to the contrary, the City shall be named on the insurance policies included in article 10.I.b and IO.I.c as "additional insured." The Engineer shall cause its insurance carriers, prior to the effective date of this agreement to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days of the effective date of this agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Engineer in accordance with this Article on the basis of its not complying with the Agreement, the City shall notify the Engineer in writing thereof within thirty (30) days ofthe date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 10.4 Independent Associates and Consultants. All independent associates and consultants employed by Engineer to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 10.5 The City shall require its construction contractors for the Project (a) to defend, indemnify and hold harmless the City and the Engineer, their officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, arising out of any third party personal injury during the construction phase of any construction contract, and (b) to provide insurance acceptable to the City as security for the risk of third party personal injury, provided, however, the Engineer agrees to release and hold harmless the City and their employees, officers, and city attorneys regarding any claim that Engineer may file, or should have filed, against said insurance provided by construction contractors. The City does not Engineering Services Agreement City of Winter Springs and CPH, Inc. 6 represent, guarantee, or warrant that said insurance will cover any claims made by Engineer whatsoever. 11.0 COMPLIANCE WITH LAWS AND REGULATIONS 11.1 Engineer shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement as is consistent with the applicable professional standard of care. 12.0 REPRESENTATIONS 12.1 Engineer represents that the Services provided hereunder shall conform to all requirements of this Agreement, shall be consistent with recognized and sound engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered. Engineer shall perform as expeditiously as is consistent with professional skill and care and the orderly progress of the Services performed hereunder. Engineer's services shall be consistent with the time periods established under this Agreement. Engineer shall provide City with a written schedule for services performed and such schedule shall provide for ample time for the City to review, for the performance of consultants (if any), and for the approval of submissions by authorities having jurisdiction over the services. The Engineer's designated representative shall have the authority to act on Engineer's behalf with respect to the Services. In addition, Engineer's representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with the City's knowledge and consent, the Engineer shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Engineer's professional judgment with respect to the Services. The Engineer shall review laws, codes, and regulations applicable to Engineer's Services. The Engineer's services and design shall comply with all applicable requirements imposed by all public authorities. The Engineer represents and warrants that it is familiar with, and accepts that it will perform the Services hereunder in a manner that complies with all applicable requirements of law, codes, and regulations. Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all plans, studies, reports and other services furnished to the City under this Agreement. Unless this Agreement is terminated by the City, or terminated by Engineer for nonpayment of any proper invoices, or the City exercises its rights to perform the Services pursuant to under Paragraph 2.2 herein, Engineer shall be responsible for the satisfactory and complete execution of the Services described in this Agreement. The Engineer represents that it will carefully examine the scope of services required by the City and that it will investigate the essential requirements of the services required, and that it will have sufficient personnel, equipment, and material at its disposal top complete the services set forth in the Agreement in a good professional and workmanlike manner in Engineering Services Agreement City of Winter Springs and CPH, Inc. 7 conformance with the requirements of this Agreement. 12.2 Engineer represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their professional knowledge and judgment. 13.0 GUARANTEE AGAINST INFRINGEMENT 13.1 Engineer guarantees that all Services performed under this Agreement shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision of this Agreement, Engineer shall indemnify and hold harmless the City, its officers, directors, employees, and authorized agents assigns, from and against liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Engineer may elect to provide non - infringing services. However, the foregoing shall not be applicable to any suit, claim or proceeding based on the infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by the City and not offered or recommended by Engineer to the City; or (ii) arising from modifications to the Project by the City or City's other contractors. 14.0 DOCUMENTS 14.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Engineer and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Engineer. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Engineer is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City Manager. Upon request by the City, the Engineer shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Engineer be open and freely exhibited to the City for the purpose of examination and/or audit. a. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Engineer and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at anytime. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than Engineering Services Agreement City of Winter Springs and CPH, Inc. 8 the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Engineer, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Engineer. b. Ownership of Documents. The City and the Engineer agree that upon payment of fees due to the Engineer by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Engineer in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Engineer waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Engineer in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Engineer or not. 15.0 ASSIGNMENT 15.1 Engineer shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 15.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Engineer, Engineer shall be fully responsible to City for all acts and /or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Engineer who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by Engineer, prior to the commencement of any Work by the subcontractor, Engineer shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 16.0 INDEPENDENT CONTRACTOR 16.1 At all times during the term of this Agreement, Engineer shall be considered an independent contractor and not an employee of the City. 17.0 DEFAULT BY ENGINEER AND CITY'S REMEDIES Engineering Services Agreement City of Winter Springs and CPH, Inc. 9 17.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: 17.2 Engineer defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the Engineer shall have such time as is reasonably necessary to remedy the default, provided the Engineer promptly takes and diligently pursues such actions as are necessary therefor; or 17.3 Engineer is adjudicated bankrupt or makes any assignment for the benefit of creditors or Engineer becomes insolvent, or is unable or unwilling to pay its debts; or 17.4 Engineer has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or 17.5 Engineer has committed any act of fraud upon the City; or 17.6 Engineer has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. 17.7 Engineer has assigned this Agreement without the City's prior written consent. 17.8 Notwithstanding the aforementioned, in the event of a default by Engineer, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. 18.0 TERMINATION 18.1 Either party may terminate this Agreement for convenience with no penalty at any time upon thirty (30) days advance written notice. The City may also, upon written notice to Engineer, terminate this Agreement, without penalty, i£ (a) Engineer is in default pursuant to paragraph 17.0 Default; (b) Engineer makes a general assignment for the benefit of its creditors; (c) Engineer fails to comply with any condition or provision of this Agreement; or (d) Engineer is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed through and including the effective date of termination. Engineering Services Agreement City of Winter Springs and CPH, Inc. 10 19.0 FORCE MAJEURE 19.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 HEADINGS 21.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 22.0 SEVERABILITY 22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 24.0 THIRD PARTY RIGHTS Engineering Services Agreement City of Winter Springs and CPH, Inc. 11 24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Engineer. 25.0 PROHIBITION AGAINST CONTINGENT FEES 25.1 Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 26.0 ENTIRE AGREEMENT 26.1 This Agreement, including any Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Engineer with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 27.0 NO JOINT VENTURE 27.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 28.0 ATTORNEY'S FEES 28.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non - prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 29.0 COUNTERPARTS 29.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 30.0 DRAFTING Engineering Services Agreement City of Winter Springs and CPH, Inc. 12 30.1 City and Engineer each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 31.0 NOTICE 31.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Enaineer: 4 ra e- . +M PA H 377-k For City: City of Winter Springs Attention: Utility / Public Works Director 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327 -7597 31.2 Either party may change the notice address by providing the other party written notice of the change. 32.0 SOVEREIGN IMMUNITY 32.1 Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. 33.0 CORPORATE REPRESENTATIONS BY ENGINEER Engineering Services Agreement City of Winter Springs and CPH, Inc. 13 33.1 Engineer hereby represents and warrants to the City the following: a. Engineer is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned representative of Engineer has the power, authority, and legal right to execute and deliver this Agreement on behalf of Engineer. 34.0 INDEMNIFICATION 34.1 Engineer shall indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Engineer and other persons employed by the Engineer in the performance of the Agreement. 34.2 Engineer shall also indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by Engineer's breach and caused by other persons employed by the Engineer in the performance of the Agreement. 34.3 Neither party shall be liable to the other for any incidental, special, indirect or other consequential damages incurred due to the fault of the other party regardless of the nature of the fault or whether it was committed by the City or the Engineer, or their employees, sub - consultants, or subcontractors. Consequential damages include, without limitation, liability for loss of use of the Project or existing property, loss of profits, loss of production or business interruption; however, the same may be caused. 34.4 THE CITY ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT IS SUBJECT TO SECTION 558.0035, FLORIDA STATUTES WHICH PROVIDES THAT INDIVIDUAL DESIGN PROFESSIONALS EMPLOYED BY THE ENGINEER OR AN AGENT OF THE ENGINEER MAY NOT BE INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF PROFESSIONAL SERVICES PERFORMED IN ACCORDANCE Engineering Services Agreement City of Winter Springs and CPH, Inc. 14 WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT PROVIDED CERTAIN STATUTORY CONDITIONS ARE SATISFIED. The indemnity provisions set forth in Paragraphs 34.1 and 34.2 shall be considered separate and independent indemnity provisions. 35.0 ENGINEER'S PERSONNEL AT CONSTRUCTION SITE 35.1 The presence or duties of Engineer's personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to City and /or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the applicable construction contract documents and any health or safety precautions required by such construction work. Engineer and Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except Engineer's own personnel. 35.2 The presence of Engineer's personnel at a construction site is for the purpose of providing to City a greater degree of confidence that the completed work will conform generally to the applicable contract documents and that the integrity of the design concept as reflected in the contract documents has been implemented and preserved by the construction contractor(s). Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the contract documents. For this Agreement only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work. 36.0 RECORD DRAWINGS 36.1 Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. Engineer is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. Engineering Services Agreement City of Winter Springs and CPH, Inc. 15 37.0 ADDITIONAL ASSURANCES 37.1 The Engineer for itself and its Subconsultants, if any, certifies that: a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any architecture, landscape architecture, engineering, or surveying activity by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and; C. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. d. The undersigned is authorized to execute this Agreement on behalf of the Engineer and said signature shall bind the Engineer to this Agreement. No further action is required by the Engineer to enter into this Agreement other than Engineer's undersigned representative execution of the Agreement. 38.0 CONFLICTS 38.1 In the event of a conflict between any provision of this Agreement and any attachment or exhibit attached hereto, the provisions of this Agreement shall prevail unless the attachment or exhibit expressly provides otherwise by making specific reference to the paragraph and provision of this Agreement that is being replaced or modified. 39.0 ESTIMATES 39.1 Estimates, opinions of probable construction or implementation costs, financial evaluations, feasibility studies or economic analyses prepared by Engineer will represent its best judgment based on its experience and available information. The City recognizes that Engineer has no control over costs of labor, materials, equipment or services furnished by others or over market conditions or contractors' methods of determining prices, and that bids and actual costs may vary from the Engineer's opinions, evaluations or studies. Engineering Services Agreement City of Winter Springs and CPH, Inc. 16 [Signature Page Follows] Engineering Services Agreement City of Winter Springs and CPH, Inc. 17 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: CITY OF WINTER SPRIN Print Name /Title:/ ,Kevin L. Smith City Manager A'T'TEST: l By: _( City 06T-:: . ENGINEER: � t Print Name /Title:'5w'IA l ye(' f *dq0 * THIS AGREEMENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY THE CITY COMMISSION OF WINTER SPRINGS AND SIGNATURE BY EITHER THE MAYOR OR CITY MANAGER. Engineering Services Agreement City of Winter Springs and CPH, Inc. 18 EXHIBIT "A" SCOPE OF SERVICES Engineering Services Agreement City of Winter Springs and CPH, Inc. 19 TASK ORDER 1 WTP I TREATMENT IMPROVEMENTS TO PROFESSIONAL DESIGN SERVICES FOR POTABLE WATER QUALITY IMPROVEMENTS AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND CPH, INC. This Task Order 1 dated by and between the City of Winter Springs (hereinafter called the OWNER) and CPH, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Task Order based on the Professional Design Services for Potable Water Quality Improvements Agreement dated The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Task Order is to provide for Engineering Design Services, more specifically itemized herein, in the preparation of Plans and Specifications and other Engineering Services for the WTP 1 Treatment Improvements. The FDEP Consent Order specifically addresses the Stage 2 Maximum Contaminant Level (MCL) which has been established as 80 micrograms per liter (ug /L) for Total Trihalomethanes (TTHMs). Stage 2 compliance is based on a single location annual running average (no longer an average of all sample sites within the system).The FDEP requirements for this project is: 1) to provide equipment and /or processes to control Disinfection By- Products (DBPs) to below the MCL of 80 micrograms per liter for Trihalomethanes (THMs) and 60 micrograms per liter for Haloacetic acids (HAAs). The DESIGN GOAL is to provide equipment and /or processes to control Disinfection By- Products (DBPs) to below a GOAL of 60 micrograms per liter for Total Trihalomethanes (TTHMs) and 40 micrograms per liter for Haloacetic acids (HAAs) at the WTP 1 facility using the recommended Ion Exchange (IEX) process and other treatment enhancements. CPH has provided previous information to Staff on the processes used in the Central Florida area to control DBPs. This information was used to recommend the IEX process for WTP 1 based on the unique characteristics of the WTP 1 raw water source. Sampling analysis has indicated that the raw water source (groundwater wells) for WTP1 contains a high amount of bromide. This affects the decision making process and was the reason for selecting the IEX process, because the Ozone process will most likely form bromates that are more highly regulated than TTHMs and HAAs. The Staff has worked to improve the chlorination system and optimize chemical addition to achieve the required levels of disinfection without forming THMs and HAAs that exceed the drinking water standards. These initial and simpler methods have improved the water quality but further improvements are required to consistently meet the Federal Drinking Water Regulations. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 ENGINEER will serve as the OWNER's professional engineering representative in those phases of the project to which this Task Order applies, and will give consultation and advice to the OWNER during the performance of his services. ENGINEER will perform services for the City Commission under the general supervision of the City Manager and the Utility /Public Works Director and will submit interim plans to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans and specifications for WTP 1 improvements as listed below. 3.1.1 The project includes the following: a. Design of the improvements described herein. b. OWNER plans to purchase and install two (2) ion exchange (IEX) units. ENGINEER will "Master Plan" the treatment facilities by adding the space and piping to accommodate a third unit. The OWNER may purchase and install the third unit as part of the bid. The third unit will be included as an additive alternate bid item. C. The installation of the equipment necessary to support the IEX units. d. ENGINEER will show the location of future Forced Draft Aeration (FDA) Units on the proposed site plan. FDAs are not part of this design proposal as they are not needed to become compliant with current EPA/FDEP drinking water quality regulations. 12 ENGINEERING SERVICES 3.2.1 Retain the services of a Geotechnical Consultant to provide data on existing soils conditions /type for the purpose of placing structures. A copy of the scope for the services is included as an attachment. 3.2.2 Retain the services of an Electrical Consultant to provide the design of the electrical systems and SCADA systems integrated with the existing systems. 3.2.2 The Engineer has recently provided the OWNER with an as -built survey of the WTP 1 site. This survey will be used for this project. 3.2.3 Demolish the old "garage" building. 12.4 No new buildings will be provided. 3.2.5 No structure or roof system will be provided around or over the IEX units 3.2.6 Specify a metal frame structure and metal roof (post and beam style) over the brine tanks /spill containment area. The structure will not be designed by the ENGINEER but will be provided by a steel building manufacturer who will provide structural shop drawings during construction based on the specifications for the roof structure. This structure will house the chemicals and storage tanks for the WTP 1 system. It will not be enclosed but will work as a sunshield for tanks and equipment. Electrical and instrumentation items will be under cover, but will be outside the spill containment area. In a project performed by others, the electrical systems will be housed in the existing generator building structure (remodeled). The new generator (by others) will be housed in its own enclosure. 3.2.7 Reconfigure the corrosion control equipment and the chlorine injection points as part of the design to comply with the new improvements. Also move the feed systems for chlorine and corrosion control to the new containment structure. 3.2.8 Work closely with the OWNER to develop a 90% plan set to submit to FDEP. The City is under a strict and short timeframe with the FDEP Consent Order. If DBP samples collected in June exceed the parameters of compliance, the City has 30 days to submit plans and specifications to FDEP for a permit after receipt of the official notice of sample results. Because of this short timeframe, the ENGINEER does not have sufficient time to go through the normal 60% and 90% plans review process. All submissions shall be "electronic." The June samples will be collected on or around June 3, 2015 and the results are anticipated within ten working days or June 17, 2015. If the June samples are above drinking water levels, we anticipate that the FDEP submittal will be required by approximately July 17 (30 days later). See the attached manpower schedule for a list of the proposed drawings (Attachment 1). 3.2.9 Meet with the City staff often and communicate often during the design process to verify the project is meeting the intent and needs of the City. 3.2.10 Submit plans and specifications to FDEP 3.2.11 Meet with the City staff on the 90% submittal package. 3.2.12 Respond to comments by FDEP. 3.2.13 Develop the 100% plans ready for bidding upon receipt of the 90% City comments and any changes required by comments by the FDEP. 3.2.14 Perform field checks of completed Plans and Specifications, as necessary, with the OWNER's representative. 3.2.15 Prepare an estimate of probable construction cost based upon final plans and Specifications (aka 100 %). 3.3 PERMITS 3.3.1 Assist the OWNER in the preparation of an FDEP Drinking Water construction permit. Permit application submittal shall be based on the 90% plans and specifications. 3.3.2 Respond to reasonable requests for additional information from the FDEP. We estimate that FDEP will take approximately 30 days to review the plans and provide comments. 3.3.3 Proposed improvements at the facility do not surpass the thresholds for an Environmental Resource Permit (ERP). Therefore no storm water permit is anticipated. 3.3.5 OWNER is responsible for all other permit application fees. 3.3.6 OWNER will handle all Development Review Committee submittals and or reviews and meetings. 3.3.7 OWNER will handle the Building Permit. ENGINEER will assist. 3.4 BIDDING SERVICES 14.1 Provide electronic Bid Documents for use by the City in their bidding process 3.4.2 Prepare for, coordinate and attend a pre -bid conference for the project_ 3.4.3 Answer questions of bidders and suppliers. No interpretations of the Documents shall be made other than through issuance of Addenda to the Documents, which CPH will develop and send to the Bid Document holders. CPH's electrical subconsultant, Bailey Engineering, will assist CPH with responding to electrical or instrumentation questions. 3.4.4 Attend the bid opening and Commission meeting where the contract is awarded. 3.4.5 Evaluate the bids and will review agreements, bonds, insurance certifications, construction schedules and other portions of the contracts and provide the City with a letter establishing the Engineers Recommendation on the most qualified responsive and responsible apparent low bidder in order to assist the City in selecting the contractor. 3.5 SRF PLANNING AND DOCUMENTATION SERVICES 3.5.1 Provide the SRF planning and documentation services shown and described in the manhour schedules and also described in Attachment C. This document was obtained from the FDEP SRF Drinking Water website. 3.6 IEX PILOT UNIT ASSISTANCE SERVICES 3.6.1 The portion of the project involves the use a "pilot" IEX unit to fine tune the design efforts and includes: a) Develop the test plan and protocol, prepare operating procedure and train operators b) Coordinate with FDEP c) Coordinate with pilot manufacturer d) Laboratory Coordination e) Pilot Unit testing; technical advisory and coordination with the operators f) Data Compilation and analysis g) Memorandum Report 3.6.2 OWNER will provide all manpower and equipment for connecting the unit to the raw water supply and discharge piping to the ground. 3.6.3 OWNER will provide all labor to retrieve samples and deliver to a laboratory. 3.6.4 OWNER will provide all laboratory testing of samples as identified by the ENGINEER. 3.6.5 OWNER will provide manpower to operate and maintain operation of the unit during the testing period. 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 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 Task Order. 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 Task Order) 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, 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 Task Order, 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 Task Order. 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 Task Order. 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, additional 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 Task Order, 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 There are two parts to the fee, lump sum and hourly not to exceed. The fees are broken down as follows: LUMP SUM Engineering A. Design and Permitting $ 172,901.25 Electrical $ 48,750.00 Geotechnical $ 1,975.00 TOTAL LUMP SUM FEE: $ 223,626,25 HOURLY NOT -TO- EXCEED Bidding Assistance $ 11,099.00 SRF Assistance $ 20,433.00 Pilot Testing and Verification $ 26,704.00 TOTAL NOT TO EXCEED FEE: $ 58,236.50 Total authorization is $281.862.75. 6.1.2 The OWNER will make prompt monthly payments in response to ENGINEER's monthly statements without retention for all categories of services rendered under this Task Order and for reimbursable expenses incurred. 6.1.3 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.4 will be computed at a rate of $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 in accordance with standard billing rates. 6.1.4 If this Task Order 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 on account of that and all prior work under this Task Order 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. 6.1.5 The ENGINEER shall promptly begin work on the services authorized by this Task Order 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 Task Order are made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Task Order and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Task Order. 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. M 1 *4 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 A ST' By: Date:- ENGINEER: CPH, Inc ATTEV By: Scott Breitenstein Vice President Associate Date-, J:26582\Proposa(s\Winter Springs\RFQ#005-1 5-BF\Task Order 1 \WTP 1 Treatment Improvements,docx ATTACHMENT A INDEX OF DRAWINGS GENERAL: G -1 Cover Sheet and Location Map G -2 General Notes and Index of Drawings G -3 Construction Notes G -4 Flowstream Identification Table G -5 Symbols and Abbreviations G -6 Process Flow Diagram CIVIL: C -1 Existing Site Plan C -2 Proposed Site Plan C -3 Demolition Plan C -4 Site Geometry C -5 Grading Plan C -6 Yard Piping MECHANICAL: M -1 Ion Exchange Plan M -2 Ion Exchange Sections M -3 Ion Exchange Sections M -4 Ion Exchange Sections M -5 Ion Exchange Details M -6 Corrosion Inhibitor System Plan, Sections & Details M -7 Mechanical Plan, Sections & Details M -8 Mechanical Plan, Sections & Details MISCELLANEOUS DETAILS: D -1 Miscellaneous Details D -2 Miscellaneous Details D -3 Miscellaneous Details D -4 Miscellaneous Details D -5 Miscellaneous Details D -6 Miscellaneous Details D -7 Miscellaneous Details STRUCTURAL: S -1 Structural Plan — Ion Exchange S -2 Structural Plan — Brine Containment S -3 Structural Sections S -4 Structural Details S -5 Structural Details S -6 Structural Details ELECTRICAL: See the electrical proposal. INSTRUMENTATION: See the electrical proposal. ATTACHMENT B Manhour and Cost Proposal 1 Task Description Preliminary Design Memorandum 1 Analysis of local treamtent systems 2 Operational cost analysis of available options 3 Capital Cost and operational estimates of treament options 4 site plan layout 5 Site plan piping estimate 6 waste stream salt calculations to the EWRF 7 Sizing analysis of the treatment units 8 flow analysis of the wells and head conditions 9 Preliminary Estimate of Probable Construction Cost Principal Project Manager /EOR Project Engineer Senior Design Tech Secretary Subtotal Labor Winter Springs WTP 1 IEX System FOR Project Sr. Design engineer Tech 1 8 8 1 8 8 1 6 8 1 8 1 4 1 4 12 2 4 1 4 1 2 12 10 48 48 8 4 SUBTOTAL 515.940.00 Subconsuitant $0.00 Misc. Expenses 'OTAL TASK 1 $15,940.00 RATE $160.00 10 $1,600.00 $150.00 48 $7,200.00 $115.00 48 $5,520.00 $105.00 12 $1,260.00 $60.00 6 $360.00 $15,940,00 Page T -1 Subconsultant Winter Springs WTP 1 IEX System Principal Sr. Project Manager Project Sr. Design Task 2 Task Descri tion FOR En ineer Tech Secretary Survey and Geotechnical 1 Survey _ COMPLETED 2 Geotechnical and coordination 1 2 1 SUBTOTAL DIRECT LABOR 1 2 0 0 1 SUBTOTAL $5207 Geotech $1,975,0( Misc. Expenses $O.00 TOTAL TASK 2 $2,495.00 Page T -2 RATE Principal $160.00 1 $160.00 Project Manager /EOR $150.00 2 $300.00 Project Engineer $115.00 0 $0.00 Senior Design Tech $105.00 0 $0.00 Secretary $60.00 1 $60.00 Subtotal Labor $520.00 Page T -2 SUBTOTAL $149,005.00 Electrical Subconsultant $48,750.00 Misc. Expenses $9615 TOTAL TASK 3 $197,851,25 Winter Springs WTP 1 IEX System Principal $160.00 Task 3 Task Description Principal Sr. Project Manager Project Sr, Design Electrical $37,650.00 FOR $115.00 Engineer Tech Secretary Subconsultant Preparation of Construction Documents Final Design 748 $78,540.00 Secretary $60.00 50 1 Prepare 90% drawings and specifications (from preliminary) Subtotal Labor $149,005.00 a Cover sheet 1 2 6 527,410 b General Notes and Index Sheet 1 4 6 2 c Construction Notes 1 4 8 4 d Flowstream Identification Table 1 4 8 e Symbols and Abbreviations 1 4 8 f Process Flow Diagram 1 4 4 8 g Existing Site Plan 1 4 12 h Demolition Site Plan 1 2 3 12 i Proposed improvements Site Plan 1 6 6 24 j Site Geometry 1 2 8 24 k Grading Plan 1 2 8 24 1 Yard Piping Plan 1 4 6 32 m Ion Exchange Plan 1 8 12 32 n Ion Exchange Sections and details (4 sheets) 8 24 48 128 o Corrosion Inhibitor System changes 1 4 8 16 p Mechanical Plans ( 2 sheets) 2 8 16 48 q Equipment and Miscellaneous Details (7 sheets) 3 7 14 84 r Structural Plan - Slab- Ion Exchange 1 12 24 s Structural Plan - Slab - Brine containment 1 12 24 t Structural Sections and Details (4 sheets) 1 40 96 u ELECTRICAL AND INSTRUMENTATION (by Sub Consultant) v Provide quality assurance and "Constructability" review 40 Prepare technical specifications sections including Table of w Contents, General Requirements, Bid Schedule, Measurement and Payment and Technical Specifications in CSI format. 4 24 24 40 Submit, electronically, 90% P &S for review. Submittal package will x include plans, final copy of Technical Special Provision and current cost estimate. 1 2 4 1 Prepare written list of comments /submit for verification 1 4 2 z Revise documents per comments 2 12 24 40 1 3 Prepare 100% drawings and specifications 1 12 24 80 $21,3401 SUBTOTAL DIRECT LABOR 39 251 205 748 50 $48,750 SUBTOTAL $149,005.00 Electrical Subconsultant $48,750.00 Misc. Expenses $9615 TOTAL TASK 3 $197,851,25 RATE Principal $160.00 39 $6,240.00 Project Manager /EOR $150.00 251 $37,650.00 Project Engineer $115.00 205 $23,575.00 Senior Design Tech $105.00 748 $78,540.00 Secretary $60.00 50 $3,000.00 Subtotal Labor $149,005.00 Page T -3 Winter Springs WTP 1 IEX System Principal Sr. Project Manager Project Sr. Design Task 4 Task Description FOR En ineer Tech Secretary Subconsultant Permitting 1 Prepare and submit FDEP wastewater collection /transmission system permit application. 1 8 12 8 4 2 Building Permit Assistance 1 6 12 8 4 3 Environmental Resource Permit NA SUBTOTAL DIRECT LABOR 2 14 24 16 8 $0.00 Note: City pays all permit fees. SUBTOTAL $7,340.00 Misc Exp. $0.00 TOTAL TASK 4 $7,340.00 RATE Principal $160.00 2 $320.00 Project Manager /EOR $150.00 14 $2,100.00 Project Engineer $115.00 24 $2,760.00 Senior Design Tech $105.00 16 $1,680.00 Secretary $60.00 8 $480.00 Subtotal Labor $7,340.00 Page T-4 Winter Springs WTP 1 IEX System Task 5 Task Description Principal Sr. Project Manager Project Sr. Design FOR En ineer Tech Secretary Subconsultant 1 Bidding Assistance Attendance at pre -bid conference 4 $2,500,00 2 Review of technical questions and requests for 22 $3,300.00 Project Engineer clarification related to the design 8 12 4 3 Prepare addenda for issuance by City 8 16 4 4 Evaluation of bid results 4 4 5 Provide a bid tabulation 1 4 2 6 Review bids; bidders experience and responsiveness. Prepare a recommendation of award. 1 4 SUBTOTAL $8,520.00 Electrical Subconsultant $2,500.00 Misc. Expenses $79.00 -OTAL TASK 6 $11,099.00 Page T -5 RATE Principal $160.00 0 $0.00 Project Manager /EOR $150.00 22 $3,300.00 Project Engineer $115.00 36 $4,140.00 Senior Design Tech $105.00 0 $0.00 Secretary $60.00 18 $1,080.00 Subtotal Labor $8,520.00 Page T -5 6 Task TO BE DETERMINED AT A LATER DATE Winter Springs WTP 1 IEX System ncipal Sr. QTO Tech SUBTOTAL $0.00 Subconsultant $0.00 Misc. Expenses $0,40 Total $0.00 Page T -6 RATE Principal $160.00 0 $0.00 Project Manager /EOR $150.00 0 $0.00 Project Engineer $115.00 0 $0.00 Senior Design Tech $105.00 0 $0,00 Secretary $60.00 0 $0.00 Subtotal Labor $0.00 Page T -6 SUBTOTAL $20.380 00 Subconsultant $0.00 Misc. Expenses $5350 Total $20.43150 Winter Springs WTP 1 IEX System Principal Task 7 Task Description Principal Sr. Project Manager Project Sr. Design 78 State of Florida SRF Assistance FOR $115.00 Engineer Tech Secretary Subconsultant Senior Design Tech The following items are based on SRF requirements. 32 $3,360.00 Secretary $60.00 1 Prepare and Submit the Request for Inclusion 1 6 4 2 Prepare a Facilities Plan based on the starting document of the 2007 Water Supply Plan for Winter Springs 2 24 24 4 3 Provide an Executive Summary 1 4 2 4 Prepare and environmental benefits and effects document 1 4 4 2 5 Describe alternatives investigation and selection of preferred Alternative 1 24 8 4 2 6 Assist in the Public Participation Process, including a public hearing 1 4 4 7 Assist City staff with Financial Feasibility documentation 1 2 4 8 Prepare implementation schedule 1 2 4 1 9 Assist City with the adopting resolution 1 4 10 Assist City with the State Clearinghouse Review Submittal. Provide signed 2 and sealed document and CD for electronic distribution. 1 4 4 SUBTOTAL DIRECT LABOR 11 78 20 32 21 $0 00 SUBTOTAL $20.380 00 Subconsultant $0.00 Misc. Expenses $5350 Total $20.43150 Page T -7 RATE Principal $160.00 11 $1,760.00 Project Manager /EOR $150.00 78 $11,700.00 Project Engineer $115.00 20 $2,300.00 Senior Design Tech $105.00 32 $3,360.00 Secretary $60.00 21 $1,26000 Subtotal Labor $20,380.00 Page T -7 Winter Springs WTP I IEX System Principal Sr. Project Manager Project Sr, Design [Task 8 Task Description FOR Engineer Tech Secretary Subconsult.nt I Develop test plan and protocol; prepare operating procedure and train J, Uul bfu. 24 2 'Coord4l"an, vvl(h FDEP 8 3 Coordinate with Pilot unit manufacturer 8 4 Laboratory Coordination 8 5 Pilot unit installation and mobilization 16 6 Pilot unit testing; technical advisory and coordination with the operators 80 7 Data compilation and anlysis 20 8 Prepare memorandum report 12 2 IN SUBTOTAL $26,520,00 Subconsultant $0.00 Misc. Expenses $184.00 Total $26.704 00 RATE Principal $160.00 0 $0.00 Project Manager/EOR $150.00 176 $26,400-00 Project Engineer $115.00 0 $0.00 Senior Design Tech $105,00 0 MOO Secretary $60.00 2 $120-00 Subtotal Labor $26,520.00 Page T-8 MISCELANEOUS EXPENSES Winter Springs WTP 1 IEX System ITEM DESCRIPTION COST UNIT TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 TASK 6 Task 7 Task 8 Qty Ext Qty Ext Qty Ext Qty Ext Qty Ext Qty Ext Qty Ext Qty Ext Photocopies 8 112 x 11 $0.05 Sheet $0.00 $0.00 200 $10.00 $0.00 200 $10.00 $0.00 200 510,00 Photocopies 11x 17 $0.20 Sheet $0,00 Standard plot $6.40 Sheet $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 20 $4.00 Blueprinting 24" x 36" $0.60 Sheet $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 Half size plots $1.40 Sheet Mileage $0.575 Mile $0.00 $0.00 150 $86.25 120 $69.00 $0.00 60 534,50 320 $184.00 Scanned Images $1.10 Sheet Digital Camera $10.00 Ea Use $0.00 Video Camera $15.00 Ea Use $0.00 Document CD $5.00 Ea TOTALS $0.00 $0.00 $96.25 $0.00 $79.00 $0.00 1 $5.00 $53.50 $184.00 Page T -9 Winter Springs WTP 1 IEX System TASK SUMMARY LUMP SUM TASKS TASK 1 PRELIMINARY ENGINEERING $15,940.00 TASK 2 SURVEY AND GEOTECH $2,495.00 TASK 3 PREPARATION OF CONSTRUCTION DOCUMENTS $197,851.25 TASK 4 PERMITTING ASSISTANCE $7,340.00 TOTAL LUMP SUM PROJECT COST $223,626.25 HOURLY TASKS TASK 5 BIDDING ASSISTANCE $11,099.00 TASK 6 CONSTRUCTION ADMINISTRATION $0.00 TASK 7 SRF ASSISTANCE $20,433.50 TASK 8 PILOT TESTING AND VERIFICATION $26,704.00 TOTAL HOURLY TASKS AS DIRECTED 1 $58,236.50 Page T -10 Winter Springs WTP 1 IEX System Fixed Fee Services Item Description Principal Sr. Project Manager /EOR Project Engineer Senior Design Tech Secretary Total Item Description Principal Manager /EOR Engineer Tech Secretary Total Total Manhours (See Task Breakdown) 52 315 277 776 65 1485 Labor Wage Rate ($ /hr) $160.00 $150.00 $115.00 $105.00 $60.00 416 Total Labor Cost $8,320.00 $47,250.00 $31,855.001 $81,480.00 $3,900.00 $172,805.00 Total Labor Cost $1,760.001 $41,400.00'—$6,-440.001 3, 60.0 $172,805.00 Subconsultants Total Labor Cost $50,725.00 Expenses Subconsultants $96.25 TOTAL FIXED FEE AMOUNT Expenses $223,626.25 Hourly Fee Services Page T -11 Sr. Project Project Senior Design Item Description Principal Manager /EOR Engineer Tech Secretary Total Total Manhours See Task Breakdown) 11 276 56 32 41 416 Labor Wage Rate ($ /hr) $160.00 $150.00 $115.00 $105.00 $60.00 Total Labor Cost $1,760.001 $41,400.00'—$6,-440.001 3, 60.0 S-2—,460.00 $55,420.00 Total Labor Cost $55,420.00 Subconsultants $2,500.00 Expenses $316.50 TOTAL FIXED FEE AMOUNT $58,236.50 Page T -11 qtr � MAL May 21 S�, 2015 P' Mr. Terry M. Zaudtke, P.E., BCEE CPH, Inc. 1117 E. Robinson Street, Suite C Orlando, FL 32801 Re: Winter Springs Water Treatment Plant No. 1 Treatment System Improvements City of Winter Springs, Florida Dear Mr. Zaudtke: We are pleased to submit our proposal for electrical and control system design engineering services for the above project. The following serves to provide an overview of the engineering services Bailey Engineering Consultants, Inc. (SEC) intends to furnish on the above referenced project to CPH, Inc. (CPH). This letter contract represents an overview of the work and provides the agreed upon lump sum fee proposal. Your signature on this agreement will serve as your letter of intent and official notice to proceed with the referenced work. Our services shall include completed drawings for the work, covering all phases of our design in an AutoCAD 2013 format. Our scope of work will include the following_ Task 1 - Design Services: 1. Engineering design associated with the Ion Exchange process improvements at WTP #1. These improvements will include: a. Automate the new ion exchange treatment process being installed at WTP #1. b. Integrate vendor provided controls into the overall process control system enhancements for the project. c. Upgrade the existing plant control system PLC at WTP #1 to the City standard PLC platform. d. Provide new HMI SCADA server for the Water services. 2. Provide electrical design for new treatment process motors, valves and miscellaneous electrical items at WTP #1. 3. Deliverables: a. 90% Drawings, specifications and opinion of costs. b. 100% Drawings, specifications and opinion of costs. Mr. Terry M. Zaudtke, P.E., BCEE May 21st, 2015 SUPPLEMENTAL SERVICES - Any work requested by the City that is not included in one of the items listed in any other phase will be classified as supplemental services. Our scope of services shall include the design services as outlined above and shall be performed on a lump sum basis, billed at monthly intervals. Our fee for this work shall be $48,750.00. The attached spreadsheet shows the hourly breakdown of our work. An estimated sheet list is also included. Very truly yours. heIn E. Bailey, y, P. ACCEPTED CPH- 15 -010D 2 TE Mr. Terry M. Zaudtke, P.E., BCEE May 21$1, 2015 Winter Springs WTP #1 Treatment System Improvements City of Winter Springs, Florida Preliminary Sheet List May 21"r 2015 ELECTRICAL E -1 Electrical Notes, Symbols and Abbreviations E -2 Overall Location Map E -3 Electrical Demolition Site Plan E -4 Proposed Electrical Site Plan E -5 Single Line Diagram E -6 Overall Control Wiring Diagram E -7 IEX PCP Control Wiring Riser Diagram E -8 High Service Pump Building Electrical Plan E -9 Ion Exchange Overall Electrical Plan E- 10 Ion Exchange Enlarged Electrical Plan E -11 Ion Exchange Electrical Section Details E -12 Ion Exchange Lighting Plan E -13 Ion Exchange Lightning Protection/Grounding Plan E -14 Corrosion Inhibitor System Electrical Plan E -15 Panel Schedules E -16 Lighting Fixture Schedule & Details E -17 Electrical Details — Sheet i E -18 Electrical Details — Sheet 2 INS`I'RUME NTA'C1ON I -1 Instrumentation Notes, Symbols & Legend 1 -2 Process & Instrumentation Diagram — Overall I -3 Process & Instrumentation Diagram — Ion Exchange I -4 Process & Instrumentation Diagram — Chemicals 1 -5 Control System Block Diagram 3 Winter Springs WTP No. 1 Page t of 1 5121/2015 May 14, 2015 CPH, Inc. 1117 East Robinson Street Orlando, Florida 32801 Attn: Mr. Allen C. Lane, Jr., P.E. P: [407] 425 -0452 E: alane@cphcorp.com Re: Proposal to Provide Geotechnical Engineering Services Proposed Concrete Pads for WTP 1 City of Winter Springs, Florida Proposal No. PH1150349 Dear Mr. Lane: Terracon Consultants, Inc. (Terracon) is pleased to present this proposal for providing geotechnical engineering services for the above - referenced project. The purpose of the exploration is to obtain geotechnical engineering data to assist in the design of the proposed improvements at the above - referenced site. This proposal outlines our understanding of the project, presents a recommended scope of services, and contains a time and cost estimate for providing those services. e t,1 The project site is at the existing Water Treatment Plant 1 located on Northern Way near Trotwood Park in the City of Winter Springs, Florida. The proposed improvements consist of the construction of a total of five (5) concrete pads, each approximately 14 feet in diameter. It is our understanding that the pads will be located in the same area and are proposed to support equipment/machinery. B. GEOTECHNICAL SCOPE OF SERVICES Terracon will perform a geotechnical investigation to facilitate foundation design of the proposed improvements and construction of the Project. Terracon Consultants, Inc. 1675 Lee Road Winter Park, FL 32789 P (407) 740 6110 F (407) 740 6112 terracon.com Proposal to Provide Geotechnical Engineering Services Proposed Concrete Pads for WTP 1 a City of Winter Springs, Florida May 14, 2015 Terracon Proposal No. PH1150349 Our exploration is planned to include the following based on provided information: Stake boring locations and coordinate underground utility clearance at the site, Mobilization of truck drill rig and crew to the site. Perform three (3) Standard Penetration Test (SPT) borings to a depth of about 15 feet in the proposed concrete pad areas. 19 Perform visual classification and appropriate laboratory testing of the soil samples obtained from the borings. The exploration will be supervised by a qualified Geotechnical Engineer registered in the State of Florida, and the results of the exploration will be presented in a geotechnical engineering report. The report will address the following items: a Existing site conditions. Exploration, testing and sampling methods. Subsurface soil conditions encountered and soil classification. * Depth to groundwater at the time of the exploration and estimated seasonal high groundwater levels. M A discussion of general site preparation techniques, fill compaction, fill suitability, etc. Geotechnical design parameters to assist with foundation design of the concrete pads. C. GEOTECHNICAL PROJECT SCHEDULE Based on our present schedule, we are prepared to mobilize to begin the field operations on this project within about one (1) week of your authorization to proceed. We anticipate the field portion of the study to be completed in approximately one (1) day. Engineering analysis, necessary laboratory work, and report preparation should be completed within approximately two (2) weeks after the completion of field work. Responsive a Resourceful a Reliable 2 Proposal to Provide Geotechnical Engineering Services Proposed Concrete Pads for WTP 1 a City of Winter Springs, Florida May 14, 2015 w Terracon Proposal No. PH1150349 D. COMPENSATION A Scope of Services and Proposed Fee for geotechnical services is attached to this proposal and will be applicable for services on this project. Our not -to- exceed fee for geotechnical services for the described exploration is $1,975.00. In computing this budget figure, we have assumed the site is accessible to our field crew, that we have right of entry to the site, and that we will not experience excessive delays due to rubble at borehole locations or for other reasons beyond our control. If such conditions are encountered that could cause the cost of the exploration to exceed the budget figure, we will notify the client and obtain approval for the additional work before we proceed. To authorize us to proceed with this project, please execute and return to us a copy of the Purchase Order. F. CLOSURE Terracon appreciates the opportunity to submit this proposal, and we look forward to working with you on this project. If you have any questions, or if we can provide any additional information, please feel free to call us at your convenience. Sincerely, TERRACON CONSULTANTS, INC. Elms N. Jammal, P.E. Senior Project Engineer Attachments: Scope of Services and Proposed Fee Responsive a Resourceful a Reliable w 1/ 117 Bruce H. Woloshin, P.E. Principal SCOPE OF SERVICES AND PROPOSED FEE PROPOSED CONCRETE PADS FOR WTP 1 CITY OF WINTER SPRINGS, FLORIDA PROPOSAL NO. PHI 150349 DESCRIPTION OF WORK OTY. RATE UNIT AMOUNT I. FIELD EXPLORATION A, Mobilization of Crew and Equipment -- Truck - Mounted Equipment (0 to 25 miles) 1 $ 400.00 per trip $ 400.00 B. Standard Penetration Test (SPT) Borings: 3 to 15 feet 45 $ 12.00 per l.f. $ 540.00 C, Site Reconnaissance /Utility Coordination -- Senior Engineering Technician 3 $ 60.00 per hour $ 180.00 Subtotal $ 1,120,00 It. LABORATORY TESTING A. Visual Examinatlon /Stratify -- Senior Engineering Technician 0.5 $ 80.00 per hour $ 30.00 B. Grain Size Analysis (Single Sieve) 2 $ 30.00 each $ 60.00 Subtotal $ 90.00 III. ENGINEERING AND TECHNICAL SERVICES A. Senior Engineer 1 $ 150.00 per hour $ 150.00 S. Project Engineer 4 $ 110,00 per hour $ 440.00 C. CADD Operator 2 $ 85.00 per hour $ 130.00 D. Administrative Assistant 1 $ 45.00 per hour $ 45.00 Subtotal $ 765.00 TOTAL FOR PROJECT (NOT -TO- EXCEED FEE) $ 1,975.00 ATTACHMENT C Drinking Water SRF Planning Requirements Drinking Mater SRF Plannina Requirements Section 62- 552.700(4), F.A.C. covers the planning requirements for the State Revolving Loan Program. The loan or grant applicant must provide the following planning documentation: EL nnin,.g document • Executive Summary • Environmental Effects /Benefits • Development of Alternatives and selection of a Preferred Alternative • Public Participation Process • Financial Feasibility • Schedule • Adopting Resolution Executive Summary • Project Description, including identification of planning and service areas. • Need or Justification for Project. • Project Location Map. This map must clearly show the precise location of the proposed project. Roadways must be legibly labeled. Environmental Effects • Discuss environmental benefits associated with the proposed project. • Will the proposed project have any significant adverse effects upon flora, fauna, threatened or endangered plant or animal species, surface water bodies, prime agricultural lands, wetlands, or undisturbed areas? • Provide a list of endangered /threatened plant and animal species (obtain from U.S. Fish and Wildlife Service) for the project area. • Will the proposed project have any significant adverse human health or environmental effects on minority or low- income communities? • What investigations /site visits were performed to determine the environmental effects of the proposed project? This should be accomplished by a qualified individual. Submit any reports or findings. ©evelopment of AEternatives and selection of -a Preferred Alternative • Describe existing and recommended facilities • A cost comparison of at least three feasible alternatives (alternatives may include the cost of a "no action" alternative). • Provide detailed cost estimate of preferred alternative_ Public Participation Process • Hold public meeting to explain the project, including alternatives considered and cost and impact on user charges; and enable public participation in evaluating project alternatives. • Meet local requirements for advertising the public meeting. • Provide minutes of public meeting and include a copy of the advertisement. Financial Feasibility • Identify revenues to be dedicated to repaying the loan. • Existing /Proposed User Charge System • Complete the Business Plan. Schedule • Schedule for implementing the recommended facilities Adopting Resolution • Specific Authorization to implement the planning recommendations. State Clearinghouse (SCH) Review • Submit one hard copy (signed and sealed by a RE. registered in the State of Florida) of the planning document along with a CD (containing a compiled version in PDF format) to the Bureau of Water Facilities Funding for uploading to DEP's website (www.dep.state.fi.us /water /wffl. The SCH will then distribute the plan electronically. • SCH review process takes 6 to 8 weeks Department Actions The Department reviews the planning documents and works with project sponsors to ensure that planning requirements are met. In addition, Department staff will be responsible for the following actions. Environmental Review • DEP performs an environmental review for all projects. The environmental review establishes the environmental significance of a proposed project and establishes the Department's intention to make funding available for the project. • For each project, the DEP publishes a Florida Environmental Information Document (FEID) in the Florida Administrative Weekly. Acceptance of Planning_ Documents • Upon completion of all planning requirements, the Department will issue a letter accepting the planning document. Other Planning Related Issues To get on the fundable portion of the priority list requires the following readiness-to- proceed requirements. • Completion of the planning requirements as described above. • Department acceptance of biddable plans and specifications. • Certification of availability of all projects sites necessary for the purpose of construction, operation, and maintenance over the useful life of the facilities. • Permit (as- required) or notice of intent to issue permit. The planning document shall be signed and sealed by a professional engineer registered in the State of Florida. The approval process is estimated to take approximately 3 months once a complete document has been submitted by the sponsor's engineer_ Projects are subject to removal from the fundable portion of the priority list if the loan application is not submitted within 120 days of placement on the fundable portion of the priority list and are also subject to removal if the loan agreement has not been executed within 210 days of being placed on the fundable portion of the priority list. Loans are awarded on a "first come, first serve" basis. f_1ad1117 -1TI CERTIFICATE OF COST ESTIMATE (Must be submitted and accepted prior to Engineering Improvement Plan approval.) Project: McDonald's Poinciana (SDP15 -0063) I Nicole E. Mahler , a Professional Engineer, registered in the state of Florida, License No. 74661 do hereby certify that the costs itemized in the enclosed Exhibit represent the complete cost of infrastructure for the subject property, including but not limited to, the following: grading, paving (striping, signs and signals), utilities and storm water. The enclosed line item estimate represents complete infrastructure costs. Individual items applicable to County fees are highlighted. I certify that these costs are complete, including all on -site work, off -site work, general contractor responsibilities, subcontractor responsibilities and all associated items such as mobilization, staking... etc. The total Cost is $ 266, 897 .00 Registered Florida Professional Engineer _ ,�: ter' Date _ 0 f Accepted by County Engineer Date March 2012