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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. 11 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. 12