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(14-07-02) Continuing Professional Architectural and Engineering Services - Individulas Only CCNA
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CPH
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Last modified
1/7/2015 11:32:02 AM
Creation date
8/19/2014 11:48:21 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Continuing Professional Services for Architectural, Landsc.
Bid No. (xx-xx-xx)
14-07-02
Project Type (Bid, RFP, RFQ)
RFQ
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Litigation Statement <br />The following cases have all been settled: <br />Oceanside at Beverly Beach Condominium Association, Inc. vs. CPH Engineers, Inc. et al Case No. 2012 -CA- <br />001020 WEMED No. 08662 -02316; Policy No. USS 10 20263 <br />Origination Date- August 2010 Settlement Date- September 2013 <br />CPH Engineers, Inc. was named as one of twenty defendants in a suit by Oceanside at Beverly Beach <br />Condominium Association, Inc. The Developers went into bankruptcy and the project was never completed. The <br />Developers owed in excess of $1 million to the General Contractor, subcontractors, and consultants including <br />CPH Engineers, Inc. The suit is for damages in excess of $1,005,000. All damages claimed are related to the lack <br />of maintenance for an ocean front condominium or punch list items not completed due to lack of payment to all <br />Defendants. In order to avoid defense costs and in order to obtain a future full indemnity, this case was settled <br />in September 2013 and CPH paid $45,000 as part of an overall settlement. In addition, the Condominium <br />Association has agreed to indemnify CPH from any future claims from any parties. <br />Posen Construction Inc. vs. Lee County, CPH, et al. — Liberty File No. AESPC002759 <br />Origination Date- November 2011 Settlement Date- May 2013 <br />CPH was one of the parties being sued by Posen Construction, Inc. for negligence. CPH provided the utility <br />relocation design plans for Lee County along Summerlin Road between Cypress Lake Drive and Boy Scout Road. <br />The plans were developed using the survey and roadway design plans provided by Lee County. CPH used this <br />information to determine utility conflict information and, in coordination with Lee County Utilities, design new <br />facilities that were not in conflict with the proposed roadway improvements. As part of the installation of the <br />new facilities, the existing pipelines were to be either abandoned in place or removed as called out on the <br />design plans. Posen's assertion of negligence is hinged on encountering asbestos cement pipe. CPH was not <br />responsible for any survey or field investigation to verify piping materials. This information was provided to CPH <br />by the County. According to the Plans and Specifications, the Contractor, Posen, was responsible for the <br />verification of the pipe and notification of any issues to the County. Accordingly, CPH filed to have the suit <br />dismissed based on this fact. This case was dismissed in May 2013. <br />Par Builders, Inc. vs. CPH Engineers, Inc. - RA &MCO File No. 090157 <br />Origination Date- December 2008 Settlement Date- January 2012 <br />CPH is being sued by PAR Builders, Inc. for contractual performance. CPH does not have an agreement with this <br />company. Our contract for engineering was made with Hector Rivera of Edifica. Neither Hector Rivera nor <br />Edifica are named in the law suit. PAR is alleging that CPH indicated that the permit process would take 6 <br />months and that CPH delayed their project by not securing permits in a timely fashion. CPR's contract makes no <br />representation to a schedule for obtaining permits, nor can CPH be responsible for the actions of the <br />governmental agencies when the agencies themselves do not have timeline by which permits are to be <br />issued. In addition, PAR alleges that CPH did not use correct building foot print to develop the site plan, grading <br />plan, etc. Hector Rivera or Edifica provided CPH the building footprint to use as a basis for our <br />design. Allegations were also made regarding the survey and CPH's contract states that the survey is to be <br />provided by the Owner. Our position is that PAR needs to direct any issues related to the survey to Javier Bidot <br />who was the Surveyor hired by the Owner. This case was settled in January 2012. <br />
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