301-CPH-Amendment 30 AMENDMENT NO. 30
TO AGREEMENT FOR CONTINUING ENGINEERING SERVICES
FOR
PROPOSED CHASE PARK BALL FIELDS
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CONKLIN, PORTER AND HOLMES - ENGINEERS, INC.
This Amendment No 30 datedthis t f2.-· dayof ~J~"~J~ 1998, to an Agreement
previously entered into on the 17th day of December 1987 by and between the CITY of
SANFORD, Florida, hereinafter referred to as the OWNER or CITY, and Conkiln, Porter and
Holmes, Engineers, Inc., hereinafter referred to as the ENGINEER or CPH, is mutually agreed
upon and declared an extension of the original Agreement dated December 17th, 1987, and
entitled "Agreement for Continuing Engineering Services." It is the intent of this Amendment to
provide for Engineering and Landscape Design for the Proposed Chase Park Ball Fields. The
project shall include site engineering design, permitting assistance for the ball fields and
supporting site elements on the CITY's 7.2 acre parcel in the northwest quadrant of Celery Avenue
and Scott Avenue.
In the event of a conflict between this Amendment and the Original Agreement dated December
17, 1987, the provisions of this Amendment shall govern the work described herein.
SECTIONI
1.1 GENERAL
The ENGINEER proposes to provide site engineering design and permitting assistance for
the proposed Chase Park Ball Fields on the CITY's 7.2 acre parcel in the northwest
quadrant of Celery Avenue and Scott Avenue.
The Chase Park Ball Fields services will consist of civil/site engineering design and
permitting assistance for four ball fields, location of a pavilion building (design services for
the pavilion building will be by others) between the ball fields, expansion to an existing
parking lot, the relocation of the school board entrance driveway, the stormwater
management system design, the site landscape and irrigation design. The project will
include consideration of salvaging and upgrading existing parking areas, the tennis court
and other existing site elements. The demolition of some of the existing structures and
infrastructure will be required to accommodate the development.
Our services will need to be supported by a Geotechnical investigation and report required
to evaluate the parking lot for recommended pavement design, building/pavilion footing
and pad area and retention pond soils. We understand this service will be hired directly
by the City and the report will be provided to us to support our work.
Our proposal does not include any mitigation measures for wetlands or other endangered
species as may be encountered during the environmental review of the project.
SECTION II
BASIC SERVICES OF THE ENGINEER
2.1 GENERAL
The ENGINEER agrees to perform professional services in connection with the project
as hereinafter stated.
The ENGINEER will perform the work under the general supervision of the City Manager
and will submit interim reports for his review, input, decision, etc., as appropriate.
The OWNER hereby authorizes the ENGINEER to proceed with Engineering Services as
outlined herein.
2.2 GEOTECHNICAL SERVICES (To be hired by the City)
The ENGINEER shall coordinate with a Geotechnical Sub-Consultant for the project which
is acceptable to and hired by the CITY. The Geotechnical Sub-Consultant will provide an
evaluation of the on-site soils and water table. We will work with the Geotechnical
Engineer and the CITY regarding the design of the project for a retention pond system.
The Geotechnical Sub-Consultant will perform on-site bodngs to determine the existing
seasonal high and seasonal Iow water table elevations within the construction areas. The
Geotechnical Engineer will need to provide site preparation recommendations including
compaction requirements, evaluation of unsuitable materials which will need to be
removed, suitability of the soils for the pavilion building, access driveway and pavement
design recommendations and the analysis of the draw down of the retention ponds.
The sub-consultant to be selected shatl be approved, accepted, hired and paid directly by
the CITY.
2.3 ENVIRONMENTAL EVALUATION (Disclaimed)
The ENGINEER makes no representation or determination on the existence or
nonexistence of environmentally sensitive land or species on the site.
2.4 PRELIMINARY CIVILJSITE ENGINEERING SERVICES
Based on the preliminary plan provided to us, we will prepare a preliminary engineering
drawing for the site and meet with or discuss the project with the regulatory agencies listed
below.
The preliminary drawing will include the ball field locations, the proposed building location,
location of site drives, parking layout, preliminary water and sanitary sewer connection
locations, and the stormwater management system location. We will discuss the
preliminary plan with the CITY for site driveway access, utilities, storm drainage, parking,
signage, and other site permitting related activities. We will then discuss the project with
the following other permitting agencies:
A. Meeting with the SJRWMD for permit requirements for the stormwater
management system permit for the project.
B. Discussion with Seminole County regarding access to Celery Avenue. We do not
anticipate modifying the existing access locations and will coordinate that intention
with the County to attempt to avoid driveway permitting with the County.
C. Discussion with the FDEP for the water and sewer service construction.
Upon receipt of comments from the above agencies, we will revise the preliminary layout
and submit it to the CITY for their review and comment with e letter summarizing the
findings of our preliminary research of the site.
2.5 FINAL ENGINEERING
Upon approval by the CITY, we will proceed to final engineering. The final engineering
services outlined below are based on the preliminary plan. Following the preliminary
engineering phase and the resolution of any concerns arising from the preliminary
engineering phase, we will proceed to final engineering.
A. Construction Plan Preparation
We propose to prepare a set of construction documents for the Civil/Site Engineering and
Landscape and Irrigation design elements of the project and incorporate all site
engineering and landscape details into one set of construction drawings. The plan set will
include:
1. Cover/Title Sheet: The cover/title sheet will include information regarding the
site, including a vicinity map, index plans, list of names and addresses of owners,
design professionals, regulatory agencies, and utility companies.
2. Site Survey Sheets: We propose to include in our construction plan set copies
of the surveyor~s plans for the project including boundary, topographic and tree
surveys. It is understood the CITY is having the survey done by others and the
product will be provided to us for our work.
3. General Notes/Specification Sheet: We propose to provide a plan, including
written General Notes and Construction Specifications sufficient for instruction to
the Contractor for construction of site elements.
4. Site Dimension Plan: We propose to prepare a Site Dimension Plan,
dimension for construction purposes of the overall site in accordance with the
preliminary site plan approved by the CITY and the City of Sanford Land
Development Code.
5. Site Grading, Drainage, and Utility Plan: We propose to prepare a plan of the
site including grading of the parking areas and areas around the building and
stormwater management system areas of the site. This plan will include
maintaining the existing driveway connection to Celery Avenue. This plan will
include connections to the existing City water and sewer services at the site. We
understand the site lighting will be subcontracted separately and directly by the
CITY.
6. Site Landscaping and Irrigation Plan: We propose to provide a landscaping
and irrigation plan in compliance with the minimum requirements of the City of
Sanford Land Development and Landscaping Code. Both landscape and irrigation
plans will meet minimum CITY standards.
7. Site Construction Details Sheet: We propose to prepare a detail sheet with
cross sections, typical sections and general construction details needed to guide
the contractor in constructing improvements needing specific details to construct.
Upon completion of the construction plans we will prepare them for permitting.
2.6 PERMITTING ASSISTANCE
We propose to assist the CITY in applying for permits needed to construct the proposed
improvements. Permits to be obtained for the construction of this project include:
1. City of Sanford Site Plan Permit: We propose to prepare the Site Plan permit
application and submit plans to the City of Sanford Site Plan Review Committee for their
review and approval of the engineered site plan. We will represent the CITY in
engineering matters on the proposed plans and will attend meetings with the City staff for
approval.
2. St. Johns River Water Management District Environmental Resources Permit
(ERP): We will assist the CITY in the preparation of the application and provide
calculations and supporting documents for submittal of the permit application with the
SJRWMD.
3. Florida Department of Environmental Protection Wastewater Collection System
Permit Exemption: We propose to assist the CITY in the preparation of a request for
permit exemption from FDEP for the wastewater system service construction for the
project.
4. Florida Department of Environmental Protection (FDEP} for Drinking Water
Distribution System Permit Exemption: We propose to assist the CITY in the
preparation of a request for permit exemption or the potable water service construction and
the construction.
This proposal assumes that required traffic studies to support the project, if needed, will
be conducted by others. If required, we will coordinate with the traffic engineer selected
for this project.
2.7 BUILDING ARCHITECTURE SERVICES (to be provided by others)
The Engineer will coordinate the site construction plans with the building construction plans
(to be prepared by others under contract directly with the CITY) for the pavilion building.
The Engineer will design service connections to the proposed building for water and sewer
and will coordinate with other utility companies supplying service in the area to help them
plan to serve the building. Other utility service locations will be shown on the plans.
2.8 OPINION OF PROBABLE CONSTRUCTION COST
After the design of the above proposed improvements, we will provide quantity takeoffs
for the plans for use in the preparation of an opinion of probable construction cost for the
project.
2.9 TECHNICAL SPECIFICATIONS
We will prepare technical specifications as required for the construction of the project.
These technical specifications will include requirements for construction materials and
quality,
2.10 PROJECT MANUAL
We will prepare a project manual for the project including contract documents and
technical specifications. We will coordinate with the CITY and others relating to the CITY
requirements for contract methods and procedures as required.
2.11 SURVEY
ENGINEER shall rely on survey information provided by others. ENGINEER shall not be
responsible for survey data.
2.12 GENERAL INFORMATION
This proposal assumes the site has been, or will be, reviewed for environmental purposes,
including threatened and endangered species and wetland existence by others.
We have not included any services regarding the existence of envirenmentat hazards or
hazardous wastes on the project. We understand these services are being provided by
others.
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
OWNER.
SECTION III
ADDITIONAL SERVICES OF THE ENGINEER
3.1 GENERAL
If authorized in writing by the OWNER, the ENGINEER will furnish or obtain from others
additional services of the following types which will be paid for by the OWNER as indicated
in Section IV.
Additional services due to significant changes in general scope of the Project or its design
including, but not limited to, changes in size, complexity, or character of construction.
Revising previously approved studies, reports, design documents, drawings, or
specifications beyond the revisions as described herein.
Preparing documents for alternate bids required by the OWNER for work which is not
executed or not contemplated in the Scope of Work described herein.
Making an inspection of the Project pdor to expiration of the guarantee period and
reporting observed discrepancies under guarantees provided by the construction contract.
Additional services resulting from manufacturers, public, or contractor protests,
administrative hearings, or similar matters.
Additional services in connection to the Project, including services normally furnished by
the OWNER and services not otherwise provided for in this Agreement.
Preparing to serve and serving as an expert witness for the OWNER in any litigation or
other proceeding involving the Project.
Additional Engineering Services required by revisions subsequent to the date of this
Agreement to the applicable regulations, or new regulations (after date of this Agreement)
of Florida Department of Environmental Protection, St. John's River Water Management
District or other regulatory agency requirements not previously specified.
Legal or boundary surveys and legal descriptions, sketches and rights-of way maps
needed by the OWNER for the acquisition of land, easements, or rights-of-way or needed
for establishment of existing land boundaries, easements or rights-of-way.
Construction Engineering and Inspection Services for the project.
SECTION IV
THE OWNER'S RESPONSIBILITIES
The OWNER will:
Provide full information as to his requirements for the project.
Designate a person to act as the OWNER'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 OWNER's policies and decisions
pertinent to the work covered by this Amendment.
Provide and 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.
Examine all studies, reports, sketches, 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.
Obtain 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.
Furnish or direct the ENGINEER, in writing, to perform at the OWNER's expense, necessary
additional services.
Provide such legal, accounting, and insurance counseling services as may be required for the
project, and such auditing services as the OWNER may require.
Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise
becomes aware of any defect in the project.
SECTION V
PAYMENT
5.1 Payments for Services and Expenses of the ENGINEER are to be as set forth below:
Principals and Employees of the ENGINEER. Compensation paid to the ENGINEER for
services described in Section II rendered by Principals and Employees assigned to the
project shall be computed by multiplying direct personnel expense times a factor of 1.95
plus reimbursable expenses such as travel, long distance phone calls, prints, copies,
equipment and sub-consultants. Reimbursable expenses will be paid for at actual cost
thereof without increase. The ENGINEER agrees to perform the services described as
1) Chase Park Ball Fields Design and Details; 2) Chase Park Ball Fields Permitting; and
3) Chase Park Ball Fields Landscaping and Irrigation Design and Permitting for a not-to-
exceed fee of $13,000.00.
Compensation paid to the ENGINEER for supplementary services described in Section III
shall be in accordance with Section 5 above, except the maximum fee shall not apply and
shall be negotiated and agreed upon prior to proceeding with the work.
Reimbursable Expenses:
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, toil telephone
calls, xerographic and printing costs, telegrams and similar project-related items.
The OWNER will make prompt monthly payments in response to the ENGINEER's monthly
statements without retention for all categories of services rendered under this Amendment
and for reimbursable expenses incurred.
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, workers
compensation, health and retirement benefits, sick leave, vacation and holiday pay and
similar benefits applicable thereto. For purposes of this Amendment, Direct Personal
Expense shall be considered an amount equal to 1.48 times applicable salaries and
wages.
Charges for services rendered by principals and employees as witnesses in any litigation
hearing or proceeding will be computed at a rate of $1,200.00 per day or any portion
thereof (but time spent in preparing to appear in any such litigation, hearing, or proceeding
will be computed in accordance with 5.1 above).
If this Amendment is terminated during prosecution of the services prior to completion of
the services of Section II, payments to be made in accordance with Paragraph 5.1. 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 additional services authorized and rendered under Section
III.
The ENGINEER will commence work following written authorization by this Amendment.
SECTION VI
GENERAL CONDITIONS
Since the ENGINEER has no control over any construction cost, the cost of labor,
materials, or equipment, or over any contractors method of determining prices, any
Opinions of Probable Construction Cost which may have been provided previously, or
which may be provided in the service 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 cost estimates prepared by him.
The OWNER and the ENGINEER each binds himself and his partners, successors,
executors, administrators, and assigns to the other party of this Amendment and to the
partners, successors, executors, administrators, and assigns of such other party, in respect
to all covenants of this Amendment. Nothing herein shall be construed as creating 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 OWNER and the ENGINEER.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the
day and year first above written.
OWNER:
By authority of the City Commission of the City of
Sanford, Florida, granted for the OWNER on the
date of
ENGINEER:
~& SEA,,~,~ CONKLIN, PORTER & HOLMES-ENGINEERS, INC.
, - /J.~b4_.-_ Date: (D, J. c~ ~,~
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