301-CPH-Amendment 20 C-so/
Amendment No./16-' ~ o ~
To Agreement For Continuing Services
For
Final Design and Construction Plans For:
Upsala Road Water Main Extension
Between
The City of Sanford, Florida
And
Conklin, Porter and Holmes - Engineers, Inc.
This Agreement made on the/n/flday of t4t///e--// ,1996 between the CITY OF SANFORD,
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 17, 1987, 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
17, 1987, this Amendment shall govern for the work described herein.
WHEREAS, the ENGINEER has previously prepared a Preliminary Design Report
("Water Line Extension Analysis and Water Booster Plant Improvement Study, July 1993) under
Amendment No. 6 to the Agreement dated December 17, 1987;
WHEREAS, the existing Water System Master Plan (dated 1993, latest revision
1 I/1/94) calls for the extension of the water system to serve areas in the vicinity of Upsala Road
north of SR46;
WHEREAS, the CITY has entered into an Agreement with Seminole County relating
to the Water Service Area Boundary, with the CITY serving areas to the east of Upsala Road north
of SR46; and
WHEREAS, the CITY has requested the ENGINEER to perform Engineering Design
and to prepare Construction Documents for an Upsala Road Water Main Extension;
NOW THEREFORE, the CITY and the ENGINEER for the considerations nanaed
herein agree as follows:
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SECTION 1
General
1, 1 Introduction
Based on:
the Preliminary Design Report titled "Water Line Extension Analysis and
Booster Plant Improvement Study, July 1993 ", prepared under Amendment
No. 6 to the Agreement dated December 17, 1987;
the 1993 Water System Master Plan; and
previous understandings with the County as to the Service Area Boundary
along Upsala Road north of SR46 and the need to serve areas east of Upsala
Road (within the City service area) as new development in the area occurs;
professional engineering services are required for the Final Design Phase of the
Upsala Road Water Main Extension.
SECTION 2
· Basic Services of the ENGINEER
2.1 General Work Description
Services on this project will consist of the preparation of Final Engineering Plans and
Bidding Documents suitable for bidding and construction of a water line extension
along SR46 from Central Park Drive (at the Northstar Business Park) to Upsala
Road, and along Upsala Road north to the Old Monroe Post Office (just south of the
railroad crossing). The Plans and Bid Documents will be prepared by modifying
Plans and Documents prepared by Seminole County (hereinafter called the
COUNTY) for their Upsala Road Improvements project. The revised Plans and Bid
Documents will be for the construction of the County utilities, (within the West ½
Kight-of-Way), and City Water Main (within the East ~A Right-of-Way) under one
construction contract let by the City or County. This Amendment is specifically for
the Final Design, Plans and Bid Document preparation only as it relatei to the City's
water main. Under separate contract with Seminole County the Engineer is preparing
plans and bid documents for County Utility relocation and upgrade work necessitated
by the proposed road improvements. The City's and the County's utility work will
b combined and bid under a single unit price contract with pay items for each
separate portion of the work to allow the costs for each entity to be easily identified.
2.2 Final Design
2.2.1 The ENGINEER agrees to perform professional services in connection with the
project as hereinafter stated.
· 2.2.2 The ENGINEER will coordinate with the CITY, the COUNTY, regulatory agencies,
and the Surveyor, and keep the CITY apprised of progress and actions needed.
2.2.3 The ENGINEER will obtain from others the following subconsultant services:
2.2.3.1 A Survey subconsultant's services will be procured in order to obtain Route
Surveys showing existing Rights-of-Way, easements, utilities, physical
culture, structures, and spot elevations in plan, profile, and cross section
views. The Route Survey will commence on the South Side of SR46 at the
existing water main at Central Park Drive, will cross SR46 to the n6rth side,
and then run along the north side of SR46 to Upsala Road. The survey will
continue along the east side of Upsala Road for a distance of approximately
700 lineal feet to the point where the Upsala Road Improvements project
(previously surveyed by the County) commences.
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2.2.3.2 Other subconsultant services (soils, environmental scientist services,
construction quality control testing, or other specialist services including real
estate/fight-of-way agents) are not included. If these services are
subsequently determined advisable during the course of the work, they may
be considered for authorization as an additional service under Section 3 of
this Amendment or separately provided by the CITY.
2.2.4 Paragraphs 2.2.4.1 (County Plans to be revised in order to show the City's Water
Main construction) and 2.2.4.2 (new Plan sheets to be included within the County's
Upsala Road Improvements Construction Plan Set) list the Plan Sheets necessary to
provide a complete set of Final Plans for the construction of the Water Main
Extension.
2.2.4.1 The following plan sheets within the 'Upsala Road Improvements
construction plans (prepared by the COUNTY), will be revised in order to
include the City's Upsala Water Main Extension and its appurtenances,
including provisions for future connections and provisions.
· General Notes and Construction Details (1 Sheet)
· Plan and Profile Drawings (1 "=20'H, 1 "=2'V), Sta 17+00 to
71+00 (11 Sheets)
· Cross Sections, Sta 17+00 to 71+00 (8 Sheets)
2.2.4.2 The following new Plan sheets will be prepared and included within the
Upsala Road Improvements Construction Plans.
· Plan and Profile Drawings (l"=2'H, l"=2V), from Central
Park Drive to Upsala Road along SR46, and a separate 8R46
crossing sheet. (Total of 4Sheets).
· Plan and Profile Drawings (l"=20'H, 1 "=2'V) from the SR46
intersection to the commencement of the Upsala Road
Improvements Project, from Station 10+00 to 17+00. (Total
of 1 Sheet).
· Cross Section Drawings along Upsala Road. (One cross
section every 100', for atotal of 1 sheet).
· Utility details and General Notes (2 Sheets).
2.2.5 Coordinate with the regulatory agencies to discuss their permitting and approval
requirements. Prepare permit and approval submittal packages for submission
2.2.5.1 Florida Department of Environmental Protection (FDEP) - Water
Transmission Main Permit Application
2.2.5.2 Florida Department of Transportation (FDOT) Utility Permit Application
2.2.5.3 Seminole County Right-of-Way Utilization Permit Application
2.2.6 Prepare draft of Bidding Documents (revise the County's Bid Documents and
Technical Specifications as necessary to incorporate the City's Water Main
Construction), and submit to the City for review by the City/City Attorney.
2.2.7 Prepare a quantity estimate and Opinion of Probable Construction Cost for the City
Water Main construction.
2.2.8 Make reasonable revisions to Drawings and Documents as necessary due to City
and/or regulatory agency review comments.
2.3 Bidding and Construction Services
Bidding and construction services are not included herein and if the CITY desires such services from
the ENGINEER, they will be negotiated as an "Additional Service" and authorized under the
Provisions of Section 3.
SECTION 3
Additional Services of the 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, soils, 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, condemnation 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 designated in Section 2.
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 regulatory 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.
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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 maintenance 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 Fumish 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, accounting, financial and insurance counseling services
as may be required for the project, and such auditing services as the CITY
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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.
i0
SECTION 5
Payment
5.1 Payment for services and expenses of the ENGINEER to be as set forth below:
5.1.1 Principals and Employees of the ENGINEEK.
5.1.2 Compensation paid ENGINEEK 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 1.95 plus all reimbursable expenses. The fee for the
engineering services for the Service described in Section 2, plus out of pocket
expenses as described in 5.2.1 below at actual cost thereof shall not exceed
$36,267. Exhibit A, which is attached to this Agreement, provides a
proposed Manhour and Expenses cost breakdown and fee calculation.
5.2 Reimbursed Expenses
5.2.1 Expenses for items not specifically valued herein are to be reimbursed to the
ENGINEEK 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 Engineers 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 ENGINEEK'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, workers 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 mount equal to 1.48 times applicable salaries and wages.
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5.2.4 Charges for the services rendered by principals and employees as witnesses
in any litigation, heating 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, administrators 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
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 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. The Project will be completed within i~ days from the Notice
to Proceed, based on receiving Right-of-Way and Survey information in a timely
manner.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment No.
16 the day and year first above written.
- " CITY:
CATTE~T &SEAL) City of Sanford, Florida
ENGINEER:
.TT~T & SEAL~j/_~e~ J Conklin, Porter & Holmes - Engineers, Inc.
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EXHIBIT A
Plan of Study
Coordinate with the CITY and the COUNTY
as necessary to provide Plans and Documents
for the construction of the City Water Main
along Upsala Rd. 8 8 2 4 $25.00
Obtain from the Survey sub-consultant the
Route Survey along SR46 (~1900 LF) and
Upsala Rd (-700 LF); coordinate with the
Surveyor during this process. 4 4 $25.00
(SURVEY SUB-CONSULTANT FEE) $3,500.00
Revise the following County Plan Sheets to
incorporate the City's Water Main Extension
within the Upsala Rd Improvements
Construction Plans:
General Notes and Const. Details (1
Sheet) 4 8 $10.00
Plan and Profile Drawings (11
Sheets), Sta 17+00 to 71+00 2 11 44 88 $200.00
Cross Sections (8 Sheets), Sta 17+00
to 71+00 2 8 40 $150.00
Prepare the following Sheets to be added to
the County's Upsala Kd Construction Plans:
SR46 (Central Park Drive to Upsala
Rd) Plan and Profile Drawings (3
Sheets) 1 12 24 42 $75.00
Upsala Rd (Sta 10+00 to 17+00) Plan
and Profile Drawing (1 Sheet) 4 6 14 $25.00
SK46 Cross Sections (3 Sheets) 3 6 24 $75.00
Upsala Rd Cross Sections (1 Sheet) 1 2 8 $25.00
Utility Details and General Notes (2
Sheets) 1 6 12 24 4 $25.00
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Coordinate with regulatory agencies to
discuss their permitting and approval
requirements. Prepare Permit Applications
and Submittal Packages for:
FDEP Water Transmission Main
Construction Permit 1 8 6 4 $10.00
FDOT Utility Permit 8 8 4 $10.00
Seminole Coanty Right-of-Way
Utilization Permit 16 8 4 $10.00
Revise the County's Bid Documents and
Technical Specifications as necessary to
include the City's Water Main E~ension,
submit three copies to the City for City/City
Attorney Review 3 32 8 $60.00
Prepare a quantity estimate and Opinion of
Probable Construction Cost for the City
Water Main Construction 1 8 16 2 $25.00
Make Reasonable Revisions to Drawings as
necessary due to City and/or regulatory
agency comments. 2 16 16 40 1 $50.00
I TOTAL I ~91~391~62 I 2~23~I $4,300.00 I
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FEE CALCULATION
Direct Labor x 1,48 x 1.95 $31,967.00
Expenses:
Out-of-Pocket $ 800.00
Survey Sub-Consultant $ 3,500.00
TOTAL $ 36,267.00
$36,267
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C~T'~ ROUTING MEMO
MANAGER'S
OFFICE
MAYOR []
~r CITY CLERK [] REC./PARKS DIR. []
CITY MANAGER SECRETARY [] POLICE CHIEF []
Z/FINANCE DIRECTOR [] FIRE CHIEF []
pERSONNEL DIRECTOR [] COM. DEVELOP. DIR. []
PLANNING/DEVELOP. DIR. [] CIVIL ENGINEER []
PUBLIC WORKS DIRECTOR [] BUILDING OFFICIAL []
-{~UTILITY DIRECTOR [] CITY ATTORNEY []
ACTION: 4. Please Call Me 8, Note and Return 12. ReOurConversation
1. Your Informatio~ .,5. Please Handte 9. Signature 13. Your Comments or
2. Approval 6, As Requested 10. OK "As Is" Recommendations
3. Please See Me 7~ Please File 11. See *'Remarks" 14. Read and Pass On
REGARDING: (Attached G]~-""~,.~
PLEASE RESPOND NO LATERAN:
FROM DATE