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.
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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.
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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
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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
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PLAN OF STUDY
FOR
Redalmed Water Extension - From Grovevlew Addition Park to Lake Mary Boulevard Connection
'l 11.,.' '11 ~.i'~~ .~.~1~
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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