R03-004RESOLUTION NO. R03- OOq
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF TASK ORDER NO. 19 FOR CH2M HILL,
INC., FOR THE TASK OF DESIGNING AND
CONSTRUCTING A STORMWATER DIVERSION FROM
SEACREST BLVD., TO THE EAST WATER TREATMENT
PLANT RETENTION AREA; AND PROVIDING AN
EFFECTWE DATE.
WHEREAS, task order No.
19 is for the task of designing and constructing a
stormwater diversion from Seacrest Blvd., to the East Water Treatment Plant retention area;
and
WHEREAS, groundwater monitoring date from the City's eastern wellfield has
raised questions regarding the long-term sustainability of that wellfield; and
WHEREAS, the saltwater interface deep within the aquifer must be closely
monitored, and concerns regarding landward movement of this interface have caused the
South Florida Water Management District to limit the allowed withdrawal from the wellfield;
and
WHEREAS, this project will combat saltwater intrusion by increasing the freshwater
recharge to that area by diverting stormwater from the Seacrest Blvd., drainage system into an
existing dry retention area located at the East Water Treatment Plant, which will also reduce
nutrient and freshwater impacts in the Lake Worth Lagoon;
WHEREAS, the City Commission, upon staff's recommendation, has deemed it
appropriate, and in the best interests of the public, to approve Task Order No. 19 for
CH2M Hill., for the task of designing and constructing a Stormwater Diversion from Seacrest
Blvd., to the East Water Treatment Plant Retention Area.
S:\CA\RESO~Agreements\Task - Change Orders\CH2M Hill Task order - no 19.doc
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the approval and execution of Task Order 19 for CH2M Hill, for
the task of designing and constructing a Stormwater Diversion from Seacrest Blvd., to the
East Water Treatment Plant Retention Area.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of January, 2003.
Vice Mayor
Commissioner
Task Order No. 19
Design - Build Services to Construct a Stormwater Diversion from
Seacrest Boulevard to the East Water Treatment Plant Retention
Pond
A. BACKGROUND
Saltwater intrusion in the groundwater has increased in the vicinity of the City of Boynton
Beach's (City) East Water Treatment Plant (EWTP) located at the intersection of Woolbright
Road and Seacrest Boulevard The City is in the process of identifying measures that can be
implemented to help reduce further saltwater intrusion.
Diverting stormwater from the Seacrest Boulevard drainage system into the dry retention pond at
the EWTP is one measure that has been selected for implementation. The diversion of
stormwater will increase groundwater recharge and reduce the amount of stormwater discharged
to tide, thus supplementing groundwater levels and improving the quality of the surface water in
the Intracoastal Water Way (ICWW). The drainage system along Seacrest Boulevard and
Woolbright Road is owned and operated by Palm Beach County (County) and consists of a 48-
inch-diameter elliptical reinforced concrete pipe that runs along the eastern side of Seacrest
Boulevard
The County will allow and has demonstrated enthusiasm regarding diverting stormwater from
Seacrest Boulevard into the retention pond at the EWTP provided the County's hydraulic criteria
are met. SFWMD will also have jurisdiction for the project, and a modification of the EWTP
Environmental Resource Permit (ERP) will be required to construct the stormwater diversion.
The City has requested CH2M HILL provide the following services for the stormwater diversion
project:
Data gathering,
· Engineering analysis and design
· Permit processing,
· Construction of the diversion structure and associated piping
· Construction administration.
B. Scope of Work
Task 1 - Kick-Off Meeting and Site Visit
Prior to initiating work on the project, CH2M Hll.lJ will meet with the City to define the
objectives of the project. A site visit of the project area will be conducted.
Task 2 - Data Collection
This task will consist of collecting the following data:
· Drainage calculations and design plans for the Seacrest Boulevard drainage system from
the County or SFWMD files,
· Record drawings of the Seacrest Boulevard drainage system Palm Beach County. If
record drawings are not available, the required site information will be obtained from a
separate survey and will be considered additional services
· Rainfall gage data from the EWTP.
Task 3 - Survey
Additional survey data for Seacrest Boulevard and the EWTP will be required to design the
stormwater diversion. The new survey data will augment the existing survey data for the EWTP
and Seacrest Boulevard The following survey data will be obtained:
· Sufficient spot elevations (approximately 12) along the top of bank of the retention pond to
define the top of bank elevation and location of the retention pond top of bank.
· Two cross-sections through the retention pond. The elevation of sediment shall be obtained if
sediment is present at each survey point. The cross-sections shall include the following: top of
bank, toe of slope, a minimum of six spot elevations along the pond bottom to define the pond
bottom.
· Ten (10) additional spot elevations at the southeast portion of the nature preserve located south
of the retention pond to define the slope of the land.
· Any additional survey to provide a complete topographic survey of the physical features
including known, existing utilities (horizontal & vertical location) from the Seacrest Boulevard
centerline to the retention pond in the area where the diversion will be constructed.
· Pipe inverts, pipe size, and grate elevations of the drainage system for the EWTP.
A proposal from Caulfield & Wheeler, Inc., (survey subconsultant) is provided in Attachment A
to gather the required site information.
Task 4 - Geotechnical Investigation
A geotechnical investigation consisting of one Standard Penetration Test (SPT), one percolation
test, one infiltration test, one trench test, and one double ring infiltration test will be performed
within the existing retention pond to obtain the following information needed to develop the
conceptual design:
· An estimate of the season high water table elevation at the project site,
· An estimate the infiltration rate for the existing retention pond, and
· The following hydraulic parameters of the water table aquifer for the draw-down analysis
(see Task 6).
· horizontal and vertical hydraulic permeability
· porosity, and
· depth to the bottom of the water table aquifer.
A proposal from The Testing Lab of the Palm Beach, Inc. (geotechnical subconsultant) is
provided in Attachment A to collect the required site information.
2
Task 5 - Pre-Aoolication Meetings
Pre-application meetings will be held with Palm Beach County and SFWMD to document thc
regulatory criteria for the project.
Task 6 - Hydrologic/Hydraulic Modeling and Report
Hydrologic/hydraulic (H&H) modeling will be performed to meet the following project
objectives:
· develop the conceptual design for the stormwater diversion,
· demonstrate that the regulatory criteria of the County and SFWMD are met, and
· determine if the desired Flood Protection Level of Service (LOS) (based on the City's
Stormwater Master Plan and the site development plan for the EWTP) is maintained at the
EWTP.
A description of the H&H modeling to be performed is provided below:
3-Year, 24-Hour Storm Event
Palm Beach County requires the 3-year, 24- hour storm event be modeled to demonstrate that the
hydraulic grade line is one (1) foot below the grate elevation of the existing catch basins along
Seacrest Boulevard
10-Year, 24-Hour Storm Event
The 10-year, 24-hour storm event will be modeled to verify that the LOS for the EWTP drainage
system is maintained after the stormwater diversion is constructed. The model will include the
EWTP stormwater pipe and swale system.
25-Year, 72-Hour Storm Event
Palm Beach County also requires the 25-year, 72-hour storm event be modeled to demonstrate
that the peak stage is below the edge of pavement of the outside lanes along Seacrest Boulevard.
SFWMD will require the following analyses be performed to demonstrate that their regulatory
criteria is met:
· model the 25-year, 72-hour storm event to demonstrate that the runoff is retained onsite and
that the offsite peak stage is not increased.
· perform a drawdown analysis to calculate the time for the water level in the retention pond to
recede to the control elevation following the 25-year, 72-hour storm event.
Average Year Rainfall Analysis
A water budget model (PONDs) will be used to simulate the fluctuation of the water level in the
retention pond with the stormwater diversion. An average year of rainfall for the Boynton Beach
area will be used in the water budget model.
A brief preliminary design report will be prepared that contains the following information:
· Summarize the results of the H&H modeling,
· A description of the conceptual design,
· A sketch of the control structure for the diversion, and
· A preliminary opinion of probable construction cost.
· Schedule of implementation
Three copies of the report (summarizing data gathered in Tasks 1 through 6) will be submitted to
the City for review and comment. CH2M HILL will meet with the City to discuss the report.
Task 7 - Construction Plans
Sixty (60) percent and 100% construction plans will be prepared for the conceptual design
developed in Task 6. Minor specifications will be incorporated on the drawings referencing
Florida Department of Transportation (FDOT) materials and methods. A final opinion of
probable construction cost will be prepared for the 100% construction plans.
Three sets of 60% plans will be submitted to the City for review and comment. CH2M HILL will
meet with the City to discuss the plans. CH2M HILL will proceed with the preparation of 100%
bid documents after the review comments are received from the City on the 60% plans. Three
sets of the 100% plans will be submitted to the City for review and comment. CH2M HILL will
meet with the City to discuss the plans.
It is anticipated that the construction plans will consist of the following sheets:
· Title sheet,
· One plan and profile sheet for the diversion,
· One detail sheet for the diversion control structure, oil water separator, and appurtenances,
and
· Soil borings.
Task 8 - Permit Processing
A permit from the County and a modification of the SFWMD Environmental Resource Permit
(ERP) will be required to construct the stormwater diversion. The permit processing task will
consist of the following items:
· Submit a permit application to the County for the construction of the stormwater diversion,
· Submit an application to SFWMD for the modification of the EWTP Environmental
Resource Permit (ERP), and
· Prepare one response for request for additional information (RAI) from the County and
SFWMD.
The applications submitted to the County and SFWMD will include runoff calculations, a
mounding (draw-down) analysis of the retention pond, a pre-post analysis of the drainage basin
(Seacrest Boulevard) draining into the retention pond, and construction plans. For the purpose of
scheduling, it is assumed that the permit modification will be received within 6 weeks from the
4
submittal of the final RAI response. The exact duration of the permitting process is beyond the
control of CH2M I-III.L. The City will be responsible for payment of all permit application fees.
Task 9 - Construction
CH2M HILL will obtain construction estimates from at least three qualified contractors. Prior to
obtaining cost estimates, CH2M HILL will review proposed contractors with the City to gain
concurrence. Upon review and approval of a final construction cost with the City, CH2M HIlJL
will subcontract with the selected utility contractor for installation of the designed
improvements. The subcontractor will be bound contractually to CH2M HILL, however, will
satisfy minimum insurance requirements established by the City. CH2M HILL will conduct a
preconstruction meeting with thc City and the subcontractor where the construction sequence,
reporting responsibilities, and project close out will be discussed. The subcontractor will provide
the following:
· Maintenance of Traffic
· Runoff control
· All Required materials and labor to complete the project
· Certified elevations of control structure, piping, and discharge structure
· Surface restoration activities
At the time of this task order preparation, the construction cost has been estimated using assumed
information and quantities. The construction cost associated with this task will be a direct pass
through to the City with an administrative fee of 10% applied to cover administrative costs,
insurance, the time value of money, and the associated warranty. This element will be structured
as a cost-plus 10% task and the actual costs and markup can not be determined until the design is
complete. For the purpose of this task order, We have conservatively assumed a construction
cost of $93,000 with an associated administrative fee of $9,300. A copy of the construction
estimate is included in Attachment A.
Contractual conditions necessary to administer the construction phase of this project are included
in Attachment B. The supplemental conditions will only pertain to Task 9 of Task Order 19.
Task 10 - Construction Administration and Pro. iect Close Out
Construction administration will be performed for the construction of the diversion and
conveyance structures and will consist of the following services:
· Review and negotiate proposed construction cost estimate with City
· Full time construction observation during the construction duration (assumed 2 weeks)
· Final project review and walk through with City
· Review shop drawings
Preparation of record drawings certified by a Professional Engineer in the state of Florida
· Certification to SFWMD based on record drawings
Following the completion of the project, CH2M HILL will provide project close out
documentation including final punch list resolution, a release of lien, and certification and
warranty.
C. Assumptions
1. The scope of services is based on the assumption that sufficient hydrologic/hydraulic
information is readily available from the design of the Seacrest Boulevard drainage system to
calculate runoff hydrographs required for the design and permitting of the diversion. This
information would include the Seacrest Boulevard drainage area and sub-basins, hydrologic
parameters (i.e. curve numbers and time of concentration), and a hydraulic model of the Seacrest
Boulevard drainage system. If this information is not available, it can be generated as part of
additional services.
2. Diverting stormwater from Seacrest Boulevard onto the EWTP site will lower the current
LOS for the site as surface storage will be consumed more rapidly. If it is determined that the
resulting LOS is insufficient, additional drainage features can be provided to maintain or
increase the LOS as additional services to this Task Order.
3. The City property line and the County ROW line are accurate as shown on the previous
survey of the EWTP site. Therefore a boundary survey is not required.
4. An electronic file of the previous survey obtained for EWTP is readily available in AutoCAD
format.
D. Contract Reference
This task order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated October 4, 2000, between the
City of Boynton Beach and CH2M I-Ill ~L, Inc.
E. Compensation
Compensation by the City to the Consultant for services provided in this Task Order will be
based on a lump sum basis for Tasks 1, 2, 3, 4, 5, 7, and 8 ($37,710). For Task 6, compensation
will be on a time and material basis (due to uncertainties in modeling requirements) with a
maximum fee of $32,940. For Task 9, compensation will be based on a negotiated construction
cost plus 10% fee (not to exceed $102,300). Finally, Task 10 will be performed on a time and
materials basis due to an uncertain construction duration period for a fee not to exceed $17,200.
The total compensation for the services described in this Task Order shall not exceed $190,150
without prior written notification from thc City. A breakout of the estimated labor hours for
each task is presented in Table 1 below.
6
TABLE 1 - PROJECT FEE BY TASK
Labor Labor Cost Expense Total
Hours Cost
Task 1- Kick-off Meeting and 19 $2,095 $125 $2,220
Site Visit
Task 2- Data collection 63 $5,165 $470 $5,635
Task 3- Survey 18 $1,670 $3,250~ $4,920
Task 4- Geotech. Investigation 19 $1,700 $4,7502 $6,450
Task 5- Pre-Application Mt[[. 14 $1,710 $125 $1,835
Task 6- H&H Modeling & 336 $29,990 $2,950 $32,940
Report
Task 7- Construction Plans 84 $7,215 $750 $7,965
Task 8- Permit Processinl~ 112 $7,685 1,000 $8,685
Task 9- Construction $102,300 $102,300
Task 10- Construction Admin. 188 $16,700 $500 $17,200
and Project Close Out
Project Totals 853 $73,930 $116,220 $190,150
Attachment A includes the following information:
· Scope of services and fee for Caulfield Wheeler, Inc to perform the surveying, and
Scope of services and fee for Testing Lab of the Palm Beaches to perform the geotechnical
investigation.
· Cost estimate to implement the proposed stormwater diversion structure, piping, and
appurtenances.
Attachment B includes supplemental contractual conditions necessary to administer the
constmction phase of this project. The conditions pertain to Task 9 of Task Order 19.
F. Schedule
The CONSULTANT will commence services upon receipt of written AUTHORIZATION and
will complete all work associated with this Task Order 19 within 20 weeks from the receipt of
AUTHORIZATION. A schedule of Phase I is present as Exhibit 2 of this Task Order.
Includes $250 expenses associated with CH2M HILL labor (computer, communications, and travel)
Includes $250 expenses associated with CH2M HILL labor (computer, communications, and travel)
APPROVED BY:
CITY OF BOyNTON BEACH, FLORIDA
By: //~----~.' ' --. /- ~ "------~-~_
~or Gerald Brining
Dated this ~ day of d~~ , 2~
SUBMITTED BY:
CH2M I-Ill .1., INC.
B ·
~ce Pres~ent, Area Manager
4k
Dated this/3 day of
,2002.
8
ATTACHMENT A
C~tobet 17, 2,002
One Harvard Cltoh
West Palm Beth, FL
33409
RE:
Gemeehnic~ Explefatkm, Engineer's Analysis
and'let~r report;
Ci~ of lleyman Bea~, East Water Treatment
ol
13.2
Attn: Mr~ ]~b Madm~x. P.B;
In nr.m~anee with your requefl, Testi[~ Lab of tim Pile !~ Iht (TLPB) ia plensed to submit this
propenti tbr Geoteehnk~l Exploration and Engine~ing Services faf th~ above reference project. TI~ propani
is btsed upon information furnished to our offiet
1. One (!) twit7 fee; deep Suinda~d Pme~ation T~ ~jq w~ i
2. ~ {l) P~~T~ ~ ~ ~ (10)~
3 o~ (I) ~nfi~ ~
S ~ble tinl i~~ ~t
Mobilization of F-~luJpmmt and P~fsonnd
Utility CIm~anee Cmatdin~tion
! - 20' Stlmdnrd P~RtatJon Tm I~rinp
I DmibJo rillI i~ Iii
I Trench
$
4 btu O$6o/hr. S 240.00
~20 l.f.(~ $ 9.oo/foot $ !80.00
Ono( $300.o0 $ 3oo.oo
One · $4~0.o0 $ cso.0o
C)p~ ~ S~O00.O0 S ]000.00
PROFI[$1ONAL ENttlNEE~JNO IERVICEE THROUGHOUT i~ FLORIDA SINCE
i,' l' i{:::2 :.2:2~''
10-17-2EIGt2 3:21PM
TEST
~o~.=t Mmutli~- supa'vf6~ vimml soil obmiflr~fion
UttlMes Cmmlil~t~.l. Sill= ba.~nll
Moisture Cadm~t
(]mia Size
4 bn ~1 ~o.oo/~ s 240.00
Sub-td~ S 2~,0.04
2G S!~.00Aaa $ 30.00
4~ SSo.0O/Ia, S ~o0.oo
d hr8 ~J S44).00/lr S
10 Im· SlO0.0O/br S Iooo.oo
Slb..tald S ! 16o.00
TOTAL S
All fab art baal ~e oar IIpprowd Pibn bcich Ca,ut/coalram, Sc. ludub of' Servim and Fm eAo~utud
'~2, 2ool.
requamd by ruponfibJe psrtks omskk Ibc tampa will bo billed os "mm,~" on i time4ed*ezpmoo IMAS under
pm'dew o~om..ppraved P~a b.~ County ooatr.ct z~ A'o, ]z,~fifr-l~S& Sd~luJe ~Scr,,iem
· mi J~ee,, .nbm; am3L'm' prowmt is speaifi~i)~ .quested.
by tho oG,mL
Te.tinl Lab ofd~ PAlm Beu4=bss, {~r.. apptcziitss the OplXX'nmity to suixnit mu IM'opoml. If yin .h~ld bsve
TESTING LAB OF' TI-IR PALM BEACHF.,3, INC.
Jdm Ad.ir,
ri
' odia,J,mLe · ~ mc.
CI-12M Hill
O~e Hirv~ Chile
W.~ PaLm nes~..1q1.'33409
P1~.(~61)515-6SOQ;.F~x: (ll61).S 15:65C~
Propomtl #10-02=019.
Re: ~t bt .prof~l] lervi~as rilllin8 8o the ~lt-Wnl~r Trell3~t
~ l'~'...Mscl'~wicz:· ., ..
· . ~'We. a~ ~ to ~t you with this a~eem ,ent for professional sesrvice~ for the City of
Boyntbn Beach"E~. Waln~ Treatment Plant", 1"oo ~opo of this aSreemen~t., is. to provide' '
· prof.. 'o~l s .u~y~.m~. or .the =bj~ prop~. .
sCoi. z o~ sgav~c~s
1),' LOCATION ANDT01~OGRAI~IC SURVEY :f
· Coaaultm~t r2ia_l. ! ,.o~. ,t a Locati'od and To~. ~rsphic Surveyor the dubjeCt l~Opedy in
ao~ordf~e with the ~ Technical Standanis set f~h in Ctmpt~r 61GI74 adopted by the
Florida Stnte Board of Prcjfnlaional. Surveyotl and' Mappm, pursuant to Chapter 47'2,027 Flmide
st~t~ andp= th~ r~lq~sur~ sbaea ~n ~ ant clatod 10/t 1/02. '
.2). ' c:z ous s avXc
' Principals ......... ,, .............................................. ' .................. ' ...... S~.2o.oOfl~r.
Field'Survey CzoW ' . ....................................................... :,$100.0C)/hr:
Bc)c~ R~un, Rofidn :~a4,~.
r41 - ~Z-t901
F~: 581 · 7~0~14~.
0-02-01
P~2,-. Octo/:~ 16, 2002
:Pm~oa~ ~ suz~yor ....
.......................................................... $135.00/'m..
U~n La~ Pbmaer ......... ' .......................... ' ...................... .~9o.
CADDrredm/d~ ..... ~ ...................................... $~o, O0~hr.
.................. ' ................................................ sso.
". ...................................... ' ......................... :.,..$0.25t~.f.
G]EWr, RAL !'ROVLq~ONS,.
Withhold 811 work product of Cml]field & Wl~¢ler, Llo. under this t~r~emen%
. includbs all drnvinSs, survey, plm,, r~:~ts, ctlculmion~, sp~:ific,~ons,
add all other dsM. end not aelivu' the nme to tlu Climt, and aifcontinue
pa'f'ormins ~ l:~o4dding 12m. ~miontl services undm' tS{, pt~pos&l until
paymmt b full of ~11 out~m~ling mtemcnts is .r~eiv~
C3imt s~,knowledsm T2m Consulter will.not be h~ld lhble for my dama~s
inc~n'ed rosuldnf from Consultan~ withholdins[ work product or discoati~uin~
servien due to delinquency oflMYmcnt of invoicos on the pert of the Client,
Csnlfield & Wheeler, Inc. may requeat that the final statement be psid
sL, a~t~mu~ly wJd~ tl~ de/jv,~ m Ibc Cllent.of tb~ fu~ work product due under
~is 88Feemmt. Pees for Cml~M & Wh~l=r, Iuo.'s profmm/oual ,~'vices under
P.3
Pa~e 3 -Octobcr ] 6, 2002
Proposal #10-02-019
C~ H~I
outstandi~ inwices sent prior to the Usisnmmt requcst
u]-y uruy [;~ momnea m WZl, ,~m8 tapco. Dy AU
Sincerely,
David P; Lindley, P.L.S.
Dir~t~r of Surv~yin8
Title
Date
FAX
Coy.. SNEET
To: Rick Olson
~,OIdPANYB CH2
IlfllOIl! Bob Maohowk:z ,~
SulJIrrl City o! Boyrlzon Beac
HAllO OOPY To FOLLOW: I'~
CoMIm, r~:
Inch ~ ~ ~le dive.ion to i~wtdd
Please call if you have any questloml
Bob
I
EWTP
1'-8 I~ No
GEE & JENSON
FAX NOI
No. PACIISj
,JOB No:
DATII
954-698-6O 10
October 31, 2002
~':struct~ cost fcx' the EWTP sl:ormwater diversion project. I assunted a ~t8-
a margin of safety for the cost esUma~e,
ENGINEEFI'$ ESTIMATE OF PROBABLE
CITY OF BOYNTON i~H
E.W.T.P. RETENTION POND'MODS.
_ ONE HARVARD CIFI~LE VF..~0 BY: ,~"~N ~ c~Y~a~, ~, ~-ec. Pcc.ca
WEST PALM BEACH, ~. 1923 DATE; 30-Oct-02 Rk'Vmo.:
UNIT PRICE EITIIIATED 4
PR &
100 MOl I LS
101 DEMOLISH & DISPOSE SIDEWALK &
ASPHALT AROUND ¢ BASIN 1 LS
102 DEMOUSH & D,SPOSE SOD · BUeHES I LS
103
FOND 1 LS
NARY SITE WORK
TOTAL F'-EE$ FOR
$1 ,S00.00
AND DEMOLITIO
SITE
200 48' DIAMETER ~ IH 150 LF
201 ,m- MI"rElIED iECTION I EA
202 MODIFICATIONS TO BASIN I LS
203 FAB. · IN,TAU. WEIR IN; CATCH BAS 1 EA
204 1~ X l= X 1.~ R;P~AP RET. POND 6 CY
~dNTENANCE 1 LS
$1
SlT~ IMPROVEM
300 INSTALI_&TION OF
10
301 ~A~I I HWORK FOR, RET. POND
B,a~IKS (HAUl. A 190
302 A~=.~J~LT 1
303 INSTAl ~&TION OF SOD Di,~TUFIBED
AREA~ OF 740
304 L.~_N D 8C.~.~1N G 1
305 R~--L-~---:EMENT OF 15
SY
CY
LS
SY
LS
SY
TOTAl-. F~_F$ FOR FIN~--'~'_ SITE
I XX PREUMINARY t DEMOLITION WORK $14
2XX IMPROVEMENTS $47
3XX INAL SITE WORK
$77,306.5Ca
!1 20°/" CONTINGENCY! $15/,461.30i
ENGINEER'S OF~N:ON OF IROBABLE CI~NSTRUCTIO. CO8 _
- , ._ , ,, ,, TSI
ATTACHMENT B
10
ATTACHMENT B
CONSTRUCTION SUPPLEMENT
THE PARTIES AGREE THAT THE FOLLOWING TERMS AND CONDITIONS SHALL SUPPLEMENT THE
TERMS AND CONDITIONS OF THE AGREEMENT FOR THIS TASK ORDER 19 WHICH REQUIRES
CONSULTANT TO PERFORM CONSTRUCTION WORK. IN THE EVENT OF AMBIGUITY OR CONFLICT
WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, THF~E PROVISIONS SHALL GOVERN.
1. Construction Obligations
CONSULTANT shall furnish all supervision and labor, materials, tools, equipment, unloading, taxes, insurance and
other things necessary to perform and complete the Task Order.
2. Safety
CONSULTANT shall take necessary precautions for the safety of its employees on the Project, and shall comply
with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on,
about or adjacent to the site. CONSULTANT, directly or through its Subcontractors, shall erect and properly
maintain at all times, as required by the conditions and progress of the Task Order, necessary safeguards for the
protection of workers and the public. CONSULTANT, however, shall not be responsible for the elimination or
abatement of safety hazards created or otherwise resulting from work at the site carried on by CITY or its
employees, agents, separate contractors or tenants. CITY agrees to cause its employees, agents, separate contractors
and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and
regulations. The above provision shall not relieve CONSULTANT's subcontractors of their responsibility for the
safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of
relevant laws.
3. Warranties and Completion
CONSULTANT warrants that all materials and equipment furnished under this Task Order will be new unless
otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective
workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Task Order or
of a designated portion. CONSULTANT agrees to correct all construction performed under this Task Order which
proves to be defective in workmanship and materials within a period of one year from the date of Substantial
Completion or for such longer periods of time as may be set forth with respect to specific warranties required by the
Contract Documents.
Those products, equipment, systems or materials incorporated in the Task Order at the direction of or upon the
specific request of CITY shall be covered exclusively by the warranty of the manufacturer. There are no warranties
that extend beyond the description on the face thereof.
All other warranties, express or implied, including any warranty of merchantability and any warranty of fitness for a
particular purpose are expressly disclaimed.
4. Unknown Conditions
If in the performance of the Work CONSULTANT finds subsurface conditions which differ from the conditions
CONSULTANT reasonably anticipated (unforeseen geological conditions, buried hazardous substances,
construction remnants, or archeological artifacts), then a written contract amendment will be negotiated and the
work schedule shall be equitably adjusted.
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5. Substantial Completion
Unless a date for Substantial Completion is previously agreed, when the drawings and specifications are sufficiently
complete, the parties shall establish a date of Substantial Completion and any agreed schedule shall be updated to
reflect such a date. CITY and CONSULTANT recognize that time is important in the performance of this
Agreement and that CITY will enjoy substantial benefit if the Task Order is completed by the Substantial
Completion date set forth in any agreed schedule. CONSULTANT shall use its best efforts to complete Services
pursuant to the Task Order by the Substantial Completion date. Substantial Completion of the Services, or of a
designated portion, occurs on the date when construction is sufficiently complete in accordance with the Contract
Documents so that CITY can occupy or utilize the Project, or a designated portion, for the use for which it is
intended.
6. Liens
CONSULTANT will promptly pay for all services, labor, material and equipment used or employed in performance
of the Task Order and will maintain the Project flee and clear of Liens arising from its work. CITY will promptly
give CONSULTANT a copy of any Notice of Lien or claim received by CITY from any subcontractor or supplier
engaged by CONSULTANT or any of its subcontractors prior to final payment. As requested, CONSULTANT will
furnish certification that all of its obligations on the Project have been satisfied and that all claims and indebtedness
have been paid.
7. Site
The CITY will obtain, arrange and secure at its own expense all permits, licenses, approvals, legal or administrative
orders, deposits, land, easements, rights-of-way, and access necessary for CONSULTANT to perform the Task
Order. CONSULTANT may rely upon the accuracy of soils reports, subsurface investigations, legal limitations and
legal descriptions, and any other information provided by CITY. CITY shall furnish such information in its
possession as CONSULTANT may request and shall immediately transmit to CONSULTANT any new information
and any changes in plans resulting from such information. CITY shall be responsible for the location of any
installation or underground utilities.
8. Substantial Completion, Acceptance, and Final Payment
8(a). Substantial Completion CONSULTANT will notify CITY when the construction work is
substantially complete. Within 5 business days, CITY shall inspect the work and furnish a certificate of acceptance
or notify CONSULTANT in writing of any work requiring completion or correction. Upon Substantial Completion,
CITY shall pay CONSULTANT the unpaid balance of the Task order price, less a sum equal to CONSULTANT's
estimated cost of completing any unfinished items. Each month thereafter, CITY shall pay CONSULTANT the
amount retained for unfinished items as each item is completed.
8(b). Acceptance and Final Payment Within five business days after receiving notice from CONSULTANT
that the work is completed or corrected, CITY will issue a certificate of acceptance. Final payment will be due
within 15 days after the certificate of acceptance is issued. CONSULTANT shall be relieved of any further
responsibility for the Services under the Task Order except for reperformance pursuant to Paragraph 3 of this
Construction Supplement. If CITY fails to issue such certificate or notice within the specified time, the Services
under the Task Order shall be deemed to be accepted for all purposes hereunder.
8(c). Waiver of Claims Final payment shall constitute a waiver of all claims by Owner except those previously
made in writing and identified by City as unsettled at the time of acceptance and those arising during the warranty
period pursuant paragraph 3. Acceptance of final payment shall constitute waiver of all claims by CONSULTANT
except those previously made in writing.
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