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205-CPH-Amendment 43 AMENDMENT NO. 43 TO AGREEMENT FOR CONTINUING SERVICES FOR THE DESIGN OF A RECLAIMED WATER DISTRIRUTION MAIN FROM GROVEVIEW ADDITION PARK TO LAKE MARY BOULEVARD BETWEEN THE CITY OF SANFORD, FLORIDA AND CONKLIN, PORTER AND HOLMES-ENGINEERS, INC. on th d of 1995 between the CITY OF SANFORD, This Agreement made ~//0 '~ ay ~ ~f- , FLORIDA (hereinafter called the CITY) and CONKLIN, PORTER AND HOLMES-ENGINEERS, INC. (hereinafter called the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement dated December 7, 1983, between the parties, herein setting forth the scope, terms and conditions of the work herein authorized. In case of any conflict between this Amendment and the aforementioned Agreement of December 7, 1983, this Amendment shall govern for the work described herein. -1- SECTION 1 PURPOSE OF AMENDMENT 1.1 General 1.1.1 This Amendment work is to generally provide for engineering services for the design of a Reclaimed Water Distribution Main from the existing main located at Groveview Addition Park to an existing stub-out under Lake Mary Boulevard. SECTION 2 DESIGN, PERMITtING, PRE-BID, BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES 2.1 Engineering services shall be provided in connection with the preparation of Plans, Specifications and FDEP permits, together with pre-bid and bidding services. 2.1.1 Specific services to be provided shall include the following: 1. Prepare preliminary layouts of alternate routes. Meet with City staff to review alternates as well as to review material preferences and other design decisions. 2. Review FDEP regulations and discuss the project with the local FDEP office to assure compliance. 3. Coordinate with City's Geotechnical consultant for the evaluation of the soft conditions which would affect the materials and construction of the system. 4. Subcontract with surveyor to provide survey information of route for the preparation of the design drawings. 5. Prepare Engineering report or data as required by FDEP. 6. Prepare design drawings and specifications. 7. Prepare Construction and Right of Way Use Permits for FDEP and Seminole County. 8. Preform quantity takeoffs and prepare an "Engineers Opinion of Probable Construction Costs", and review with City Staff. 2.2 Administration of construction services. 2.2.1 The Engineer agrees to perform construction administration services in connection with the project as hereafter stated. 1. Assist the City during bidding by answering technical questions and issuing addenda. 2. Assist the City in recommending award of the apparent low bidder. 3. Perform Shop Drawing review and limited site inspections during construction. 4. Provide Final Inspection and Certification to FDEP to the completion of the work. 5. Furnish "Record Drawing" mylars to the City and County based information provided by the Contractor and Engineers limited inspection. 2.3 Attached as Exhibit "A", is a Plan of Study which is hereby made a part of this Amendment showing in more detail the scope of work contemplated, the time estimates, and overall cost estimates for the initial scope of Work generally described herein. SECTION 3 ADDITIONAL SERVICES OF TItE ENGINEER 3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the following additional services, or the CITY may provide these services separately or directly with the provider. Such additional services will be paid for by the CITY as outlined in Section 5. 3.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 3.1.2 Provide through subconsultants, electrical, environmental scientist (jurisdictional and permitting) services, construction quality control testing, or other specialist services including real estate/right-of-way agents, project/construction management, financial/budgetary consultant, and bookkeeping/accounting services. If these services are subsequently determined advisable during the course of the work, they may be considered for authorization as an additional service under this Section or separately provided by the CITY. 3.1.3 Except as otherwise provided herein, services or additional costs associated with revising . previously accepted studies, reports, or other documents prepared by the ENGINEER when such revisions are due to causes beyond the ENGINEER's control. 3.1.4 Additional services resulting from public protests. administrative hearings, or similar matters. 3.1.5 Preparing to serve and/or serving as an Expert Witness for the CITY in any litigation, public hearing, condenmatlon proceeding, right-of-way or easement acquisition or negotiation, or other legal / administrative proceeding. 3.1.6 Furnishing additional sets of prints of drawings and other Documents beyond those typically furnished. 3.1.7 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, Corps of Engineers, Seminole County, FDOT, or other regniatory agency requirements. 3.1.8 Additional services in connection with the project including services normally furnished by the CITY as described in Section 4 herein and services not otherwise provided for in this Agreement. 3.1.9 It is anticipated that the construction of the Reclaimed Water Main extension will be under the provisions of the City's general service area permit and that no FDEP permit will be required. If a construction permit is required this work shall be performed under the terms of the agreement for additional work. SECTION 4 CITY RESPONSIBILITIES 4.1 The CITY will: 4.1.2 Advise the ENGINEER of his requirements for the project and designate a person to act as the CITY's representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions pertinent to the work covered by this Amendment. 4.1.3 Obtain and provide data requested that is reasonably available on the project along with operational and ma'mtenance requirements and easement and right-of-way requirements. 4.1.4 Guarantee access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 4.1.5 Make facilities accessible for inspection. 4.1.6 Examine all studies, reports, sketches, schedules, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. 4.1.7 Assist in obtaining approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 4.1.8 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any subconsultant services not designated in Section 2, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.9 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense, necessary additional services as stipulated in Section 3 of this Amendment, or other services as required. 4.1.10 Provide such legal, account'rag, financial and insurance counseling services as may be required for the project, and such auditing services as the CITY may require. 4.1.11 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. SECTION PAYMENT 5.1 Payment Payment for services and expenses of the ENGINEER to be as set forth below: 5.1.1 Principals and Employees of the ENGINEER. 5.1.2 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Direct Personnel Expense (defined in paragraph 5.2.3 herein) times a factor of 1.98 plus all re'nnbursable expenses. The estimated total engineering fee for services described in Section 2, plus out of pocket expenses of 5.2.1 at actual cost thereof, is $41,373.36. 5.2 Reimbursed Expenses 5.2.1 Expenses for items not specifically valued herein are to be reimbursed to the ENGINEER at the actual cost thereof. Said expenses shall include transportation and subsistence of principals and employees, when traveling in connection with the project, toll telephone calls, telegrams, prints, photocopies, and similar project-related items. Monies collected from plan holders in the form of "non-refundable bid deposits" for Contract Document purchase, will be deposited in Engineer's account and at the conclusion of the bidding process, a check for total bid deposits received will be issued to the CITY. 5.2.2 The CITY will make prompt monthly payments in response to ENGINEER's monthly statements without retention for all categories of services rendered under this Agreement and for reimbursable expenses incurred. 5.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries and wages paid to principals and employees of all classifications engaged directly on the Project, plus the cost of fringe benefits including but not limited to, social security contributions, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. For purposes of this Amendment, Direct Personnel Expense shall be considered an amount equal to 1.48 times applicable salaries and wages. 5.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $600.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed in accordance with the payment method as set forth in Paragraphs 5.1.2 and 5.2.1 herein). 5.2.5 If this Agreement is terminated during prosecution of the services prior to completion of the services of Section 2, payments to be made in accordance with Paragraph 5.1.2 and 5.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any additional services authorized and rendered under Section 3. 5.2.6 Services provided by outside subconsultants will be billed at the direct cost without increase. -8- SECTION 6 GENERAL CONDITIONS 6.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment or over any construction Contractor' s method of determining prices, any opinion of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. Similar limitations apply to construction schedules reviewed or prepared by the ENGINEER. 6.2 The CITY and the ENGINEER each binds himself and his partners, successors, executors, adm'mistrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creafmg any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the ENGINEER. 6.3 The ENGINEER agrees to initiate work promptly upon receipt of authorization to proceed and to prosecute the work in an expeditious and timely manner until the Project is completed based on timely performance by the developer and his engineers, construction contractors and others involved. IN WITNESS WHEREOF,. the parties hereto have made and executed this Amendment the day 'C~ .earfisrt .~. CITY: City of Sanford, Florida ATTEST & SEAL ENGINEER: Conklin, Porter & Holmes - Engineers, Inc. D.,e: ¢~/~ ,- PLAN OF STUDY FOR Redalmed Water Extension - From Groveview Addition Park to Lake Mary Boulevard Connection · ").'.,',i'.~'~{,n.*. l'.i.,;. I~' :) P:. ~. '.' p. I.'.' .:".. I,:~.eu:. ,': :,L', L.::P.',I .: .' ;.ml. · I "' : 1 50.00 2. Review preliminary layout with City 1 2 2 3. Review FDEP regulations end discuss with agency to assure 2 4. Coordination with City ' s geetechnical consultant 4 4 5. Coordination with CPH selected surveyor 2 6 8,500.00 6. Prepare engineering report or data as required by FDEP 4 8 2 7. Prepare project specifications 4 4 2 8. Plans: Plan Preparation: Cover Sheet .5 1 4 General Note Sheet 2 4 4 2 Plan/Profile Sheets (7) 7 35 105 Deta~ Sheets (2 each) 2 8 24 9. Permits: Prepare Seminole County R/W Use Permit 1 3 I 2 1 Prepare required wetlends permits for FDEP end Seminole County 2 12 12 6 10. Opinion of Probable Construction Cost: Perform quantity takeoffs 1 1 12 Preparation of Engineer's Estimate of Probable Construction Cost 1 8 11. Construction Services: Assist City during bidding phase with technical questions 2 12 - [ 250.00 -10- PLAN OF STUDY FOR Redalmed Water Extension - From Grovevlew Addition Park to Lake Mary Boulevard Connection 'l 11.,.' '11 ~.i'~~ .~.~1~ ').,~','li'q|;~tii'I ]"~h.~ I'l ': I r Perform shop drawing review 2 12 2 Period inspection (8 hrs/wk x 10) 4 15 80 20 30 ) Final inspection and project certification 2 4 8 2; Record Drawings 1 8 16 2 Certification of Completion to FDEP .5 2 2 1 12. Miscellaneous Out-of-Pocket Expenses 1,500.00 TOTALS 8.5 72.5 238 203 59 $10,300.00 ESTIMATED FEE CALCULATION: Total Payroll Cost (Salaries x 1.98) .................. $15,496.00 x 1.48 (Fringe) ............................... 22,934.08 Contract Labor ($4,110.75 x 1.98) .................... 8,139.28 ) Consultant Services (Surveying) ...................... 8,500.00 Miscellaneous Out-of-Pocket Expenses ................ 1,800.00 Total Estimated Fee ............................ $41,373.36