R16-173 1 RESOLUTION NO. R16-173
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN AN AGREEMENT FOR PROFESSIONAL
6 SERVICES FOR WATER UTILITIES LABORATORY BUILDING
7 — DESIGN CRITERIA PACKAGE WITH CPH, INC., IN THE
8 AMOUNT OF $56,265.00 AND PROVIDING AN EFFECTIVE
9 DATE.
10
11
12 WHEREAS, the West Water Treatment Plant (WWTP) started operations in 1994
13 and has had ongoing issues with the HVAC systems on the second floor which houses both
14 offices and the main water quality laboratory; and
15 WHEREAS, a number of repairs have been performed to the system over the years,
16 however, in spite of these improvements, the system is having repeated problems and needs
17 to be completely redesigned; and
18 WHEREAS, due to the prohibitive cost for a new chiller, a task order was issued to
19 CPH to determine alternate laboratory sites and to develop a conceptual site plan along with
20 a probable construction cost for a new laboratory facility; and
21 WHEREAS, the Utilities Department is requesting the City Commission authorize
2 the City Manager to sign an Agreement for Professional Services with CPH, Inc., in the
2 amount of $56,265.00 for professional engineering services in preparing a Design Criteria
2, Package for the construction of a new water quality laboratory facility.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2^ THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby approve and authorize the City Manager to sign an Agreement for Professional
32 Services with CPH, Inc., in the amount of$56,265.00 for professional engineering services
33 in preparing a Design Criteria Package for the construction of a new water quality laboratory
34 facility, a copy of which is attached hereto as Exhibit"A".
35 Section 3. This Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this /9. day of be ff..4, 2016.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor—Steven B. Grant
42
43 Vice Mayor—Mack McCray .'
44
45 Commissioner—Justin Katz
46
47 Commissioner—Christina L. Romelus
48
49 Commissioner—Joe Casello
50
5
52
VOTE
5 ATTEST:
5,
55 3,
5^
5 Judit*A. Pyle, C C /
5; Cit Clerk '
.tti;60
61 (Corporate Seal)
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN , ,}
CPH, INC. y ass' y
ANDr` �.
THE CITY OF BOYNTON BEACH " M "
FOR
WATER UTILITIES LABORATORY BUILDING–DESIGN CRITERIA PACKAGE
IN
BOYNTON BEACH, FLORIDA
NOVEMBER 2016
This Agreement is composed of Part I and Part Ii. Part I includes details of the services to be
performed, timing of the services, and compensations. Part II (attached) contains the CPH's
Standard Hourly Rate Table and Standard Contract Provisions, which are the general terms of
the engagement between the City of Boynton Beach, herein after called the "CLIENT", and
CPH, Inc., herein after called"CPH".
PART I
PROJECT DESCRIPTION
CLIENT proposes to have designed and constructed, a 2,350± SF Water Testing Laboratory
located in the City of Boynton Beach, Florida. The proposed water lab will be constructed to the
west of the existing fire station at Woolbright Road. The City will construct the project using the
design build delivery method. CPH will assist the City in preparing a Design Criteria Package to
be issued to prospective bidders. The Design Criteria Package will contain preliminary design
documents suitable for prospective bidders to prepare cost proposals. CPH proposes the
following scope of services to assist with this effort. .
SCOPE OF SERVICES
A. CIVIL ENGINEERING
1.0 PRELIMINARY DESIGN
Based on the CLIENT approved Conceptual Site Plan; CPH will prepare the Preliminary
Engineering Plans. The preliminary plans will include the site dimension plan, as well as the
preliminary infrastructure design to the proposed site. Plans will be prepared in accordance
with the Local jurisdiction of the City of Boynton Beach, South Florida Water Management
District (SFWMD), and the Florida Department of Transportation (FDOT). Storm Water
Management will be designed in accordance with the current standards of the Local
jurisdiction of the City of Boynton Beach, and will include the "Best Management Practices"
proposed by the South Florida Water Management District(SFWMD). Plans will be supplied
to the CLIENT in reproducible form at a suitable scale to fit on a twenty-four inch by thirty-six
inch (24" x 36") plan sheet and will be accurate, legible, complete in design, and suitable for
submittal to the Local jurisdiction of the City of Boynton Beach for preliminary review and
approval. This task will be performed and billed as a lump sum service. Refer to the
Compensation section of this proposal for the proposed fee.
CPH, Inc.—FL Page 1 of 6 Rev 4/2016
B. LANDSCAPE ARCHITECTURE
1.0 PRELIMINARY LANDSCAPE AND IRRIGATION DESIGN
Based upon the CLIENT approved preliminary Engineering plans; CPH will prepare a
landscape plan and irrigation plan that meets the Minimum Technical Standards of the City
of Boynton Beach. This plan will be inserted into the Design Criteria Package for
prospective bidders to prepare their cost proposal.
C. SURVEYING
1.0 BOUNDARY&TOPOGRAPHIC SURVEY
Boundary Survey: Perform a Boundary Survey as per Rule Chapter 5J-17 of the Florida
Administrative Code in compliance with the Standards of Practice of Surveying and Mapping
of the State of Florida of Parcel Control Number 08-43-45-31-25-000-0010 also described
as Lot 1, Boynton Beach Woolbright Parcel as recorded in Plat Book 99, Pages 165 and
166, inclusive of the Public Records of Palm Beach County, Florida. (Site containing 2.97±
acres)
® Signed and Sealed Survey
Note: This is not an ALTA/NSPS Land Title Survey. A formal title review is not a part of this
contract.
Topographic Survey: Perform a Topographic Survey as per Rule Chapter 5J-17 of the
Florida Administrative Code in compliance with the standards of practice of surveying and
mapping of the State of Florida of a portion of Parcel Control Number 08-43-45-31-25-000-
0010. (Site containing 5.0± acres)
d 50' topographic grid of site with a 5' overlap.
m Location of existing visible above ground improvements &visible utilities
within scope.
n Horizontal and vertical locations at 25'grid along W.Woolbright Rd. (half
right-of-way) to the limits of the site.
The following related services are not included in the scope of this proposal, and may or
may not be required, but can be provided at an additional fee: ALTA/NSPS Land Title
Survey, Underground Utility Location/Designation, Tree Location, As-built Survey, Platting,
Wetland Line Location, Sketch and Descriptions and Ordinary High Water/Mean High Water.
D. ARCHITECTU j{I SERVICES
1.0 SCHEMATIC DESIGN
CPH will meet with Client to prepare schematic design drawings defining the building
orientation, layout, size, overall appearance and basic construction technology of the project
based on the agreed program. CPH will present this schematic design in a workshop
session, and make appropriate refinements resulting from the workshop. This task will be
CPH, Inc.—FL Page 2 of 6 Rev 4/2016
performed and billed as a lump sum service. Refer to the Compensation section of this
proposal for the proposed fee.
2.0 DESIGN DEVELOPMENT
Based on the approved schematic design, CPH will prepare design development drawings
to establish architectural, MEP, and structural systems, and to review various options for
building components. The intent of this phase will be to establish the most economical
methodology for the building. The design options will be reviewed with the CLIENT, for the
CLIENTS approval to proceed to construction documents. This task will be performed and
billed as a lump sum service. Refer to the Compensation section of this proposal for the
proposed fee.
E. BIDDING ASSISTANCE
During the bidding phase, CPH will provide limited Bidding Services. These services include
participation at three (3) coordination meetings with the City, clarification of construction
documents, and review/respond to contractor's RFI's during the bid process.
F. GEOTECHNICAL ENGINEERING
1.0 SUBSURFACE SOILS INVESTIGATION
CONSULTANT OR SUBCONSULTANT will perform a subsurface exploration of the site,
sampling and testing the subsurface materials and observation of the ground water
conditions on the site, to the depths of the borings. CONSULTANT will identify any pertinent
physical and engineering characteristics of subsurface materials encountered during
sampling and testing. CONSULTANT OR SUBCONSULTANT will make recommendations
of the type or types of foundations and pavement sections that would be suitable for the
proposed project and provision of data for use in foundation and pavement design and
construction. The quantity, location and depth of proposed borings are provided in the
attached proposal from Universal Engineering Sciences. This task will be performed and
billed as a lump sum service. Refer to the Compensation section of this proposal for the i
proposed fee.
CLIENT-FURNISHED INFORMATION
It is understood that CPH will perform services under the sole direction of the CLIENT. In the ;.
performance of these services, CPH will coordinate its efforts with those of other project team
members as required. The CLIENT shall provide CPH with project-related technical data
including, but not limited to, the following:
• Project size, location, identification number, and building program.
• Current title commitment and any existing boundary and topographic surveys and plats. If
CPH is not performing surveying services as part of the contract, CLIENT to provide current
boundary and topographic information in AutoCAD 14 or more recent version, or DXF
format.
• Previous Environmental investigation reports.
• Previous Geotechnical investigation reports.
• Master plan or development plans for the overall project. Preferably in AutoCAD 14 or more
recent version, or DXF format.
CPH, Inc.—FL Page 3 of 6 Rev 4/2016
® Any other pertinent information concerning this.project to which the CLIENT may have
access.
CPH will rely upon the accuracy and completeness of CLIENT-furnished information in
connection with the performance of services under this Agreement.
CPH will begin performance of the above services upon verbal authorization followed by written
authorization within 7 days of the verbal authorization to proceed is received. The schedule is
also subject to timely delivery of information by the CLIENT and is exclusive of CLIENT and
local review of interim products. If the CLIENT requests that work under this agreement be
stopped, the schedule is subject to renegotiation when written authorization to continue is
received.
COMPENSATION
Labor
CPH will perform the Scope of Services contained in this Agreement as identified on each task,
either lump sum or time and materials. Refer to the Standard Hourly Rate Schedule to be
utilized on this project. The following is the break down of fees for each task. Tasks that are
identified as Time and Materials (Hourly) have been provided an `Upset Limit' (USL) budget.
The CLIENT will be informed when the services are about to exceed this limit.
Phase No. Phase Description Billing Method Fee
A. CIVIL ENGINEERING
1.0 Preliminary Design Lump Sum $12,000.00
B. LANDSCAPE ARCHITECTURE
1.0 Landscape and Irrigation Design Lump Sum $2,000.00
'C. SURVEYING
1.0 Boundary&Topographic Survey Lump Sum $6,970.00
D. ARCHITECTURE
1.0 Schematic Design Lump Sum $9,000.00
2.0 Design Development Lump Sum $21,000.00
E. BIDDING ASSISTANCE Lump Sum $4,500.00
F. GEOTECHNICAL ENGINEERING
1.0 Subsurface Soils Investigation Lump Sum $2,795.00
Reimbursable Expenses
In addition to the labor compensation outlined above, CPH shall be reimbursed directly for
project specific expenditures such as, but not limited to travel, printing and reprographics,
meals, hotel stay, rental cars, postage, and telephone usage. Reimbursable expenses will be
billed at their actual cost, without increase.
CPH, Inc.---FL Page 4 of 6 Rev 4/2016
i:.
SERVICES NOT INCLUDED
The following services are not anticipated and, therefore, not included in this Agreement at this
time:
• Expert witness for litigation.
• Construction staking.
• Environmental studies and coordination of environmental issues with the regulatory
agencies.
o Off-site utility analysis and design.
• Off-site storm water analysis and design.
• Expediting the review process of the permits identified herein.
• Any permits not identified herein.
• Structural Engineering design of retaining walls.
• Fire Sprinkler System design (requirements for the system will be provided by CPH).
• Change Order preparation.
• Pay request review
• Review of an alternative product in lieu of the product called for on the plans and
specifications.
• Special meetings with agencies, other consultants or CLIENT not normally required to
perform the work described in,the Scope of Services, except those meetings specifically
identified in the above Scope of Work
• Special requests by lending institutions or other parties not essential to completing the
work described in the Scope of Services
• Permitting efforts relating to obtaining variances for the site development including tree
'issues, setbacks, parking, etc.
• Design of hardscape features including but not limited to structures, fountains, lighting,
special paving, or signage
• Storm water modeling and/or analysis of the existing storm water pond system for
retrofitting of the existing site
• Traffic studies or signalization design
• Easement or right-of-way vacation or dedication services or platting services
4 Services resulting from changes made by CLIENT following the completion of specific
project tasks that require re-work by CPH
• Wetlands Permitting
• Flood Plain Analyses
• Site Specific Maintenance of Traffic Plans
o Any other issues not specifically described in this proposal
Should work be required in any of these areas, or areas not previously described, CPH will
prepare a proposal or amendment, at the CLIENT's request, that contains the Scope of
Services, fee, and schedule required to complete the additional work item.
CPH,Inc.—FL Page 5 of 6 Rev 4/2016
CPH, INC. AUTHORIZATION
LE
T0& 1feilk_&
Todd Hendrix, PE
Sr. Vice President/ Associate
Date: December 29, 2016
CLIENT AUTHORIZATION
The City of Boynton Beach agrees with Part I which includes the Scope of Services and
Compensation Schedule. Part II contains CPH's Standard Contract Provisions referenced as
Exhibit A and CPH's Standard Hourly Rate Schedule referenced as Exhibit B (attached hereto
and acknowledged as being received). Together they constitute the entire Agreement between
CPH, Inc. and the City of Boynton Beach.
Total Labor Fees for services proposed herein: $56,265.00 plus reimbursable expenses.
It is understood that fees for the subject project, including but not limited to, application fees,
impact fees, utility connection fees, review fees, etc., will be paid directly by the CLIENT.
Payment for services rendered will be due within forty-five (45) days of invoicing. Should the
CLIENT choose to not complete the project at any phase of the project, CPH will be due any
fees for services up to the time the CLIENT informs CPH in writing to stop work. Payment for
services up to the time of the CLIENT'S notice will be due within thirty (30) days of the final
invoice. Invoice payments must be kept current for services to continue. CPH reserves the
right to terminate or suspend work when invoices become over forty -five (45) days past due. In
event that the work is suspended or terminated as a result of non - payment, CLIENT agrees that
CPH will not be responsible for CLIENT's failure to meet project deadlines imposed by
governments, lenders, or other third parties. Neither is CPH responsible for other adverse
consequences as a result of termination or suspension of work for nonpayment of the invoices.
This proposal is void if not executed and returned to CPH within 30 days of CPH's execution of
the proposal.
The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted.
CPH is authorized to do the work as specified and payment will be made as outlined above.
By signing this agreement, I acknowledge that I have the legal authority to enter into this
agreement and agree to be bound by the terms contained herein.
By: ,.
Signature
Lori LaVerriere
Printed Name
Title: City Manager
Date: January 10, 2017
CPH, Inc.FL Page 6 of 6 Rev 4/2016
EXHIBIT A
Standard Provisions to Agreement
Agreement between City of Boynton Beach (hereinafter referred to as
"OWNER/CLIENT") and CPH, Inc. (hereinafter referred to as "CPN") for professional services which may include
engineering, surveying, architecture, landscape architecture, environmental, forestry, planning,
transportation/traffic,etc.dated November 29,2016
Standard of Care
CPH will endeavor to provide services In a manner consistent with the level of care and skill ordinarily exercised
by other professionals under similar circumstances practicing in the same or similar locality. The standard of care
shall be exclusively judged at the time services are rendered and not according to later standards. CPH makes
no express or implied warranty with regard to its services.
Compensation,Out of Pocket and Subcontract Expenses
"Compensation" as used in the Agreement includes those costs which are connected with the conditions of
employment and pay of the employees and include salaries of those employees directly engaged in the
performance of the requested services and employer contributions for social security, workers compensation,
unemployment and payroll taxes, medical and insurance benefits, retirement benefits, holiday and sick leave pay
and other allowed benefits. "Out of Pocket Expenses"as used in the Agreement include such items as travel and
subsistence, printing and reproduction, telephone/communications charges, freight, postage, computer and
similar costs. "Subcontract Expenses" as used In this Agreement include subcontracts for special consultants
such as licensed land surveyors, soils borings and geotechnical and geohydrological services, laboratory
services, environmental scientist services and other professional scientific or technical service organizations.
Invoice payments are due upon receipt of the invoice and must be kept current for services to continue. Payment
should be mailed to CPH, Inc. at 500 West Fulton Street, Sanford, FL 32771. If the OWNER/CLIENT fails to pay
any invoice due within 45 days of the date of the invoice, CPH may, without waiving any other claim or right
against OWNER/CLIENT, suspend services under this agreement until CPH has been paid in full all amounts due
CPH and/or any of its consultants and subconsultants. OWNER/CLIENT shall pay CPH interest at 12% per
annum on all invoices that remain unpaid for more than 45 days.
Additional Services
"Additional Services"of CPH are services which are not considered normal or customary basic services,except to
the extent provided in the basic Agreement, and may include such items as preparation of grant or funding
applications and supporting documents; additional services or costs resulting from significant changes in the
scope or extent of the project or its design or project delays; providingrenderings or models for the
p A l 9 9
OWNER/CLIENT's use; preparing documents for alternate bids; furnishing the services of special consultants;
resident project representation or resident inspection; services resulting from the award of additional separate
contracts; special field surveys; reproducible Record Drawings or original Drawings; providing "as-built" drawings;
additional services during construction; serving as a consultant or witness for the OWNER/CLIENT during any
litigation, public hearing, etc.; and services normally furnished by the OWNER/CLIENT; or other services not
otherwise specifically provided for in the Agreement. Additional services are not included in the basic payment
provisions of the Agreement except to the extent specifically provided herein. 1''
Opinions of Cost
Since CPH has no control over the cost of labor, materials, equipment or services furnished by others, or over the
CONTRACTOR(s)' methods of determining prices, or over competitive bidding or market conditions, our opinions
r,.
of probable project cost and construction cost are made on the basis of our experience and qualifications and
represent our best judgment as an experienced and qualified professional, familiar with the construction industry;
k.
Exhibit A Page 1 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
i•t
but CPH cannot and does not guarantee that proposals, bids, or actual project costs or construction costs will not
vary from opinions of probable cost prepared by us.
Use of Documents
All documents including Drawings and Specifications prepared by CPH pursuant to this Agreement belong to
CPH and are instruments of our service in respect to the project. They are not intended or represented to be
suitable for reuse by the OWNER/CLIENT on another project or any extension of this project, or for use by others
on this project, any extension, or any other project. Rights to use of the documents by Owner/Client shall
terminate in the event that Owner/Client fails to pay invoices as outlined herein.
Underground Utilities and Structures
The locations of all existing utilities shown on the drawings prepared by CPH will be based on surveys of at-grade
or above grade physical culture (such as valve boxes, hydrants, utility poles, permanent markers) and surveying
to pick up temporary utility locate markings provided by the utility. CPH assumes no responsibility for the
accuracy of utilities shown by temporary markings provided by the utility or the locations of utilities based on other
non-physical features (such as plans prepared by others including mark-ups of locations provided by the utility).
The below grade vertical and horizontal locations of utilities will not be required to be surveyed by CPH, and
consequently, CPH assumes no responsibility for the location of below grade utilities. The OWNER/CLIENT
agrees to release CPH from any liability to OWNER/CLIENT for the failure to locate any existing utility where its
physical location could not have reasonably been known based on the above.
Termination
The obligation to provide further services under this Agreement, may be terminated by either party upon fifteen
(15) days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms of the Agreement through no fault of the terminating party. If the Agreement is terminated during
prosecution of the services and prior to the completion of services, CPH shall be compensated by the
OWNER/CLiENT for all services performed under this Agreement to the date of termination. In addition, CPH will
be paid for all reasonable expenses resulting from such termination.
Construction Administration
Where construction administration is provided as a part of the basic services as outlined in the Agreement, CPH
shall not be required to make exhaustive or continuous on-site inspections, but shall make periodic observations
as may be outlined in more detail In the,basic Agreement. CPH shall not be responsible for the means, methods,
techniques, procedures of construction, or schedules selected by the CONTRACTOR or the safety precautions
and programs incident to the work of the CONTRACTOR. CPH will periodically visit the site at intervals outlined
in the Agreement to become generally familiar with the progress of the work to keep the Owner advised of the
work. CPH will observe the work of the CONTRACTOR to endeavor to determine if the work is in general
conformance with the project documents. CPH shall not be responsible for the failure of the CONTRACTOR to
perform the construction work in accordance with the Documents. CPH shall provide the OWNER/CLIENT with
written notice of any uncorrected defects or deficiencies coming to its attention in the course of the periodic visits ti
above-mentioned. During such visits and on the basis of its on-site observations, CPH may recommend to the
OWNER that the CONTRACTOR's work be disapproved or rejected as falling to conform to the Documents.CPH
shall not have the right or duty to stop the CONTRACTOR's work.
Professional Services Provided by Others
Surveying, soils, planning, architecture, landscape architecture, legal, accounting, construction inspection and
other services may be provided by the OWNER/CLIENT or others on this project and the results furnished to
CPH. It is agreed that CPH may rely upon the results of those services by others in performing its work without
verification of same. CPH assumes no responsibility for the accuracy or technical adequacy of such professional
services provided by others.
Exhibit A Page 2 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
CPH's Approval for Payment
Approval of a CONTRACTOR's application for payment is an expression of opinion by CPH and shall at no time
be considered as legal obligation on the part of CPH. Neither shall same be considered as an acceptance of any
work or materials furnished. CPH's approval for payment is an expression of opinion by CPH that to the best of
our knowledge, information and belief, the quality of the work included for payment is in general accordance with
the Contract Documents (subject to an evaluation of the work as a functioning improvement upon substantial
completion and to the results of any subsequent tests or inspection made). By approving an application for
payment, CPH will not be deemed to have represented that we have made any examination of how or for what
purpose any CONTRACTOR has used the money paid on any of the CONTRACTOR's work or that title to any of
the CONTRACTOR's work, materials or equipment has passed to the OWNER/CLIENT, free and clear of any
liens, claims, security interests or encumbrances.
Checking of Shop Drawings
Checking of shop drawings is only for general conformance with the design concept of the project and general
compliance with the information given in the Contract Documents. Any action shown Is subject to the
requirements of the Plans and Specifications. It is the CONTRACTOR's responsibility and not that of the CPH,for
dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of
construction;coordination of his work with that of all other trades and the satisfactory performance of his work.
Pre-existing Contaminants
CPH shall not be considered a generator, transporter, or disposer of materials affected by regulated
contaminants. Because involvement with OWNER/CLIENT's contaminated substances can expose CPH to
severe risks, OWNER/CLiENT shall, to the fullest extent permitted by law, waive any claim against CPH, and
indemnify, defend, and hold CPH harmless from any claim or liability for injury or loss allegedly arising from
CPH's involvement with OWNER/CLiENT's contaminated substances. OWNER/CLIENT shall also compensate
CPH for any time spent or expense Incurred by CPH in defense of any such claim. Such compensation shall be
based on CPH's prevailing fee schedule and expense reimbursement policy.
Site Safety Responsibilities
CPH's site responsibilities are limited solely to the activities of CPH and CPH's employees on the site. These
responsibilities shall not be inferred by any party to mean that CPH has responsibility for site safety for any
reason. Safety in, on, or about the site is the sole and exclusive responsibility of the Contractor alone. The
Contractor's methods of work performance, superintendence of the contractor's employees and subcontractors,
and sequencing of construction are also the sole and exclusive responsibility of the Contractor alone.
OWNER/CLIENT warrants that:1) these responsibilities will be made clear in OWNER/CLIENT's agreement with
the Contractor; 2) OWNER/CLIENT's agreement with the Contractor shall require the Contractor, to the extent of
Contractor's negligence, to indemnify, defend, and hold OWNER/CLIENT and CPH harmless up to a limit of
$1,000,000 from any fine, penalty, claim, or liability for injury or loss arising from OWNER/CLIENT'S or CPH's
alleged failure to exercise site safety responsibility; and 3)OWNER/CLiENT's agreement with the Contractor shall
require the Contractor to make OWNER/CLIENT and CPH additional insureds under the Contractor's general
liability insurance policy, which Insurance protection shall be primary protection for OWNER/CLIENT and CPH,
and shall hold OWNER/CLIENT and CPH harmless from claims, losses, and defense cost arising from the
negligence of contractor or subcontractor on any tier up to a limit of $1,000,000. Given the foregoing,
OWNER/CLIENT also shall, to the fullest extent permitted by law, waive any claim against CPH, and indemnify,
defend, and hold CPH harmless up to a limit of$1,000,000 from any claim or liability for injury or loss arising from
CPH's alleged failure to exercise site safety responsibility. OWNER/CLIENT also shall compensate CPH for any
time spent and attorney fees and expenses incurred by CPH in defense of any such claim. Such compensation
shall be based upon CPH's prevailing fee schedule and expense reimbursement policy. (The term "any claim"
above referenced shall include, but not limited to, any claim for breach of contract, tort, or statute alleging
negligence, errors, omissions, strict liability, statutory liability, breach of warranty, negligent misrepresentation, or
other acts giving rise to liability.)
Exhibit A Page 3 of 5
CPH,lnc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
FI,
Governing Law,Venue,Jurisdiction
This instrument is to be interpreted and construed according to the laws of the State of Florida. It is agreed
between the parties to this contract that any litigation, lawsuit or court action of any character arising from this
agreement shall be flied and/or defended in Seminole County, Florida. All parties under this contract hereby
voluntarily submit to the exclusive jurisdiction of the Florida Courts and the exclusive venue in Seminole County,
Florida and do hereby waive any objections to either personal or subject matter jurisdiction of the Florida Courts
or to said venue.
Attorney Fees and Costs
In connection with any dispute arising out of this Contract, each party shall be responsible for their own attorney's
fees and costs incurred for services rendered in connection with such dispute, including appellate proceedings
and post judgment proceedings.
Waiver of Consequential Damages
OWNER/CLIENT and CPH mutually agree to waive all claims for consequential damages against each other an
each other's respective officers, directors, and employees from any and all claims arising out of the project,
including, but not limited to, loss of use, lost profits, and delay damages, against each other, arising from
disputes,claims, or other matters relating to this Agreement.
Delay In Performance
Neither the OWNER/CLIENT nor CPH shall be considered in default of this Agreement for delays in performance
caused by circumstances beyond the reasonable control of the nonperforming party. Such circumstances shall
include, but are not limited to, abnormal weather conditions, floods, earthquakes, fire, epidemics; war, riots, and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial
restraint; and delay in or inability to procure permits, licenses, and authorizations from any local, state or federal
agency; for any supplies, materials, accesses, or services required to be provided by either the OWNER/CLiENT
or CPH under this Agreement. A reasonable extension of time for delay in performance caused by any such
circumstances shall be granted. Should such circumstances occur the non-performing party shall within a
reasonable time of being prevented from performing give written notice to the other party describing the
circumstances preventing continued performance and efforts being made to resume performance under this
Agreement.
Project Development,Approvals and Scheduling
CPH will, in the course of its work, attempt to generally identify issues that would adversely affect the I,
development of the site for use as proposed by the Owner/Developer. However, CPH cannot control the
regulatory process, actions of others, or unforeseen conditions and does not guarantee that the project can be
developed for use as proposed, nor does CPH guarantee the timing of or ultimate regulatory approval of the site
for development as proposed.
The local, state, and federal entities and authorities ("Authorities") having jurisdiction over the project may or may
not approve the proposed use of the project. Additionally, it is uncertain how long those Authorities will take to
consider and to take action on the applications for the proposed use of the project. Said decisions and approvals
are subject to the decision making process of those Authorities. Therefore, CPH cannot represent or guarantee
that said Authorities will approve, in whole or in part, the requested use of the project or that the decision making
process will be timely for the project's use, or that the Authorities will grant variances applicable to the project.
Therefore, the OWNER/CLIENT bears the risk of non-approval of the proposed use and the timing thereof. The
OWNER/CLIENT needs to consider the ramifications to it if the project is not approved or.only approved in part.
Exhibit A Page 4 of 5
CPH, Inc.-FL Rev 6/2013 Owner/Client Initials
CPH Is an Equal Opportunity/Affirmative Action Employer
Limitation of Liability:
Site Check Studies
OWNER/CLIENT acknowledges that CPH's Site Check Studies pursuant to this Agreement are general in nature
and are performed before design is started or completed. OWNER/CLIENT acknowledges the recommendation
of CPH that the OWNER/CLIENT should not close on the subject property unless and until all applicable agency
approvals are obtained and the permitting process Is completed. If OWNER/CLIENT elects to close on the
subject property prior to that time, OWNER/CLIENT accepts all risks and liability arising from closing prior to
obtaining all applicable agency approvals and completion of the permitting process and releases CPH and CPH's
officers,directors,and employees from all claims thereof.
In order to allocate the relative risks and benefits of the proiect between the parties,the OWNER/CLIENT agrees
to limit the liability of CPH and CPH's officers, directors, and employees for any and all claims arising from CPH's
or CPH's officers', directors', and employees' professional acts, negligence, errors, omissions, breach of this
contract, or indemnity relating to CPH's Site Check Studies under this contract such that the total aggregate
liability of CPH and CPH's officers, directors, and employees to the OWNER/CLiENT shall not exceed the fee for
the Site Check Study paid by OWNER/CLiENT to CPH under this Agreement or$10,000,whichever is greater.
Design And Other Professional Services
OWNER/CLIENT acknowledges that CPH's services pursuant to this Agreement are to assist the client and are
for the scope of services as outlined in the attached contract. In order to allocate the relative risks and benefits of
the project between the parties, the OWNER/CLIENT agrees to limit the liability of CPH and CPH's officers,
directors, and employees for any and all claims arising from CPH's or CPH's officers', directors', and employees'
professional acts, negligence, errors, omissions, breach of this contract, or Indemnity, such that the total
aggregate liability of CPH and CPH's officers, directors, and employees to the OWNER/CLIENT shall not exceed
the fee paid by OWNER/CLIENT to CPH under this Agreement or$50,000, whichever is greater.
PURSUANT TO FLORIDA STATUTE 558.0035, DESIGN
PROFESSIONALS; CONTRACTUAL LIMITATION ON LIABILITY - AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT.BE HELD INDIVIDUALLY
LIABLE FOR NEGLIGENCE
Construction Defects on Florida Prolects
1
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS
OF CHAPTER 558, FLORIDA STATUTES
Exhibit A Page 5 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
CPH Standard Rates CPH Standard Rates
Category Rate Category Rete
Principal _ $180 Project Coordinator $90
Sr.Project Manager $150
Project Manager $140 Sr Design Technician $105
Professional Engineer $130 Design Technician $95
Sr.Project Engineer $125 Sr.CADS Technician $85
Project Engineer $115 CADD Technician $75
Project Designer $110
Administrative $75
Principal Traffic Engineer $160 Clerical 11 $60
Sr Traffic Engineer $135 Clerical I $40
Traffic Engineer $115
Traffic Analyst $105 Senior Graphic Designer $125
Graphic Designer $75
Principal Environmental Scientist $109
Senior Environmental Scientist $125 Be Construction Manager $120
Lead Environmental Scientist $105 Construction Manager $105
Environmental Scientist $95 Construction Field Roprosentetive U $100
GIS Analyst $105 Construction Field Personnel I $80
Arborist $125
Principal Surveyor $160
Principal Planner $160 Sr.Professional Surveyor $130
Sr.Planner $130 Professional Surveyor and Mapper $125
Planner $100 _Field Technician/Designer $105
Surveyor in Training $100
Principal Architect $160 Survey Project Manager/CADD $100
Sr.Architect $140 Field Crow Coordinator $95
Senior Architectural Manager $125 Survey Party Chief $75
Architect $120 Survey Instrument Man $65
Architectural Designer $105 Surveying Sr CADD Tech $90
Architectural Coordinator $85 Surveying CADD Tech $75 C
Survey Crew(2 Man) $135 - j
Principal Structural Engineer $160 Survey Crew(Construction Staking-2 Man) $160 ,.
Senior Structural Engineer $140 Survey Crew(3 Man) $155 !
Structural Engineer $115 CPS(1 Man)/Robotics $130
GPS(2 Man) $165
Principal MEP Engineer $160 1 Man Scanner/Laser Survey Crew $265
MEP Project Designer $110 2 Man Scanner/Laser Survey Crew $290
MEP Design Technician $95
Principal Landscape Architect $160
Sr.Landscape Architect $125 -'
Landscape Architect $105
Sr.Landscape Designer $100
Landscape Designer $55 Fi
Schedule of Reimbursable Charges
Copies(B&W) Plots(B&W) Mileage At Current IRS i
8.5 x 11 $0.05 Each 11 X 17 $0.21 Each Restos c
8.5 x 14 $0.10 Each 12216 $0.24 Each Phone At Coat
Postage At Cost
11 x 17 $0.20 Each 15 X 21 $0.35 Each Outside Reimbursable/3 At Cos!
34 X 22 $0.83 Each
Copies(Color) 24 X 36 $0.86 Each
8.5 x 11 $0.25 Each 30 X 42 5 1.42 Each l
8.5 x 14 $0.30 Each 30 X 48 $1.92 Each o
11 x 17 50.35 Each Billing and Reimbursable
Rates Are Subject To Periodic
Review and Adjustment.
Mylars
Plots(Color/Bond) Updated:October 12,2015
24 x 36 $9.00 Each 24 x 36 $24.00 Each
32 x 42 $13.00 Each 30 x 42 $33.00 Each
36x48 $48.00 Each ,
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