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HomeMy WebLinkAbout2001 11 26 Consent C Amendment 72 for Town Center Streetscape and Landscape Services y , COMMISSION AGENDA ITEM C CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR :;;y November)1, 2001 Meeting MGR jV!DEPT ~ Authorization REQUEST: Public Works Department Requesting Authorization to Execute Amendment 72- Town Center Streets cape and Landscape Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: The purpose of this Board item is to request authorization for the execution of Amendment 72 for Town Center Streetscape and Landscape Services with Conklin, Porter & Holmes Engineers, Inc. at a cost of$47,070, CONSIDERA TIONS: This amendment is needed to design the streetscape and landscape improvements associated with the construction of Hickory Grove Park Boulevard and Main Street. Construction of the road improvements is projected to begin in January, It is imperative that the streetscape design begins so that any alterations needed to accommodate the streetscape can be made early on during the construction improvements, The scope of work includes design of streetscaping along Tuskawilla Road and Hickory Road, landscaping for the stormwater pond behind City Hall, design of Market Square, landscape and hardscape design of Magnolia Park, and coordination with the roadway design changes. The cost breakdown is $11,100 for road streetscapes, $23,980 for Magnolia Square, and $11,990 for Market Square for a total of$47,070. FUNDING: The funding source for this project expenditure of$47,070 is the consulting engineering line code of the Transpol1ation Impact Fee Fund - (140-53180), " November 26, 2001 Consent Agenda Item C Page 2 RECOMMENDATION: It is recommended that authorization be given for the execution of Amendment 72 for Town Center Streetscape and Landscape Services with Conklin, Porter & Holmes Engineers, Inc. at a cost of $47,070 payable from the consulting engineering line code of the Transportation Impact Fee Fund - (140-53180). IMPLEMENTATION SCHEDULE: The scope of services will be completed within 120 days of approvaL CPH will be coordinating with City staff and Dover/Kohl to create conceptual plans for City Commission consideration. ATTACHMENTS: 1. Amendment 72 COMMISSION ACTION: "'0;' Attachment No. 1 AMENDMENT 72 TO AGREEMENT DATED NOVEMBER 27,1984 CONSULTING ENGINEERING SERVICES FOR TOWN CENTER STREETSCAPE and LANDSCAPE SERVICES BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2001, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers. Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the November 27, 1984, Agreement apply as fully as if repeated herein, SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Landscape Architect and Engineering Services, more specifically itemized herein, in the preparation of Plans and Specifications and other services for Hickory Boulevard and Main Street in the City of Winter Springs Town Center. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 CPH has fully qualified and registered Landscape Architects on staff. 2.1.3 The ENGINEER will serve as the OWNER's professional engineering representative in those phases of the project to which this Amendment applies, and will give consultation and advice to the OWNER during the performance of his services. The ENGINEER will perform the services for the City Commission under the general supervision of the City Manager and Public Works Director and will submit interim plans to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans and specifications for streetscape and landscape improvements as listed below. It is assumed that the street lighting will be provided by Florida Power. 3.1.1 The project includes the following: a. Streetscaping along Tuskawilla Road (north of S.R. 434). a.k.a. Main Street. b. Streetscaping along Hickory Boulevard within the City ROW. CPH will not provide designs for improvements to the State-owned land between the travel lanes. c. Landscape design around the pond behind City Hall, d, Design of Market Square. e. Landscape and hardscape design of Magnolia Park. f. Engineering services as required to integrate project with the roadway projects. g. Project management coordination services. We have divided the project into park and streetscape elements. The streetscape improvments are considered to be part of the roadway improvements and will be funded as such. The parks will be from a separate funding source. 3.1.2 The project will be coordinated with the landscape and hardscape features of the Doran project. It is the intent to make Main Street the focal point. Landscape and hardscape features will be reduced as we move away from the Main Street corridor. Main Street and Hickory Boulevard will set the standard for future development of the Town Center. 3.1.3 Preliminary Concept The landscape architect will prepare a preliminary concept and submit same to Dover/Kohl for input/integration with the Town Center Master Plan and District Code. This will also be distributed to the City Manager and staff. Upon receipt of comments, the concept will be revised and prepared for discussion with the Commission at a workshop. 3.1.4 The landscape architect will take the comments from all parties and develop a final plan. Coordination will continue with Dover/Kohl and City staff during this process. Once the final design is approved by the City Manager and the Commission, work will begin on the construction documents. 3.1.5 Construction Documents The construction documents shall include the following: a. Grading Plans b. Pavement Materials and Design c. Landscape Design and SpeCifications d. Irrigation Design and Specifications e. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) , f. Electrical (low level lighting and park lighting - not streetlights) g. Opinion of Probable Construction Cost 3.1.6 Retain the service of an electrical engineer to provide park/landscape lighting. Coordinate services and also coordinate type with street lighting and other development, which will take place in the Town Center. 3.1.7 Prepare bid packages for distribution in accordance with City procedures, i.e. Demand Star. 3.1.8 3.1.9 3.1.10 3.2 3.2.1 3.3 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.4 Perform field check of completed construction documents. Prepare site plans for review and submittal to meet City requirements and presentation through the DRC process. Prepare final construction documents. PERMITS No permits are necessary for this work. We consider this to be a part of the roadway design, which has been permitted. BIDDING SERVICES Prepare advertisement for bid for placement in appropriate publications by the OWNER. Provide copies of reproducible plans and specifications to the OWNER or his designated representative for distribution by others. Issue addenda to the documents as required. Answer questions of bidders and suppliers. No interpretations of the documents shall be made, other than through issuance of addenda to the documents. Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. Evaluate the bids and assist the OWNER in the selection of the construction contractor. Consult with the OWNER and participate in all decisions as to acceptability of subcontractors and other persons and organizations proposed by the general contractor for these portions of the work for which subcontractor approval is required by the documents. Prepare and review contracts, bonds, insurance certificates, construction schedules and other portions of the Contracts in order to assist the OWNER in his determination as to whether to issue a Notice to Proceed to the Contractor. CONSTRUCTION ADMINISTRATION SERVICES Provide Construction Administration services for the project under a separate agreement and may be incorporated into the CA agreement for the roadways. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.2.1 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. 4.2.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.2.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.2.4 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, or other regulatory agency requirements. 4.2.5 Provide, through a subconsultant, additional surveying services if required or requested by the OWNER. 4.2.6 Provide, through a subconsultant, soils investigation services if required or requested by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and 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. 5.1,2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. 5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. 5.1.5 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. 5.1.6 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. 5.1.7 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. 5.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.9 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.10 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 The fee for the engineering design and permitting scope of services described herein shall be a total lump sum fee of $47,070.00. 6.2 REIMBURSED EXPENSES 6.2.1 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 and similar project-related items. 6.2.2 The OWNER will make prompt monthly payments in response to ENGINEER's monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.3 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. 6.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.4 will be computed at a rate of $400.00 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 funding levels as set forth in Paragraph 6.1.1 and 6.2.1 herein). 6.2.5 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 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 4. 6.2.6 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER and will endeavor to meet the timetable established between the County and the City. SECTION 7 GENERAL CONDITIONS 7.1 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 opinions 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 judgement 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. 7.2 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 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. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. OWNER: City of Winter Springs. Florida ATTEST By: Date: ENGINEER: CPH Engineers, Inc. ATTEST ~jt \\ \~^')1,j,v'-/ L. J:\z6582\WP\PROPOSALS\WINTER SPRINGS\AMEND 72.wPD EXHIBIT A STANDARD BilliNG RATES Standard Classification Billine Rates Classification Rate Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00 Professional Enqineer . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Engineering Manager . . . . . . . . . . . . . . . . . . . . . . . . . $85.00 Sr. Desiqn Enqineer . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 Desiqn Engineer EIT . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Traffic Enqineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 Sr. Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Construction Manaqer . . . . . . . . . . . . . . . . . . . . . . . . . $78.00 Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76.00 landscape Architect . . . . . . . .. . . . . . . . . . . . . . . . . . . $72.00 Registered land Surveyor . . . . . . . . . . . . . . .. . . . . . . $75.00 Construction Field Rep II . . . . . . . . . . . . . . . . . . . . . . . $65.00 Sr. Desiqn Technician . . . . . . . . . . . . . . . . . . . . . . . . . $77.00 Design Technician. . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 Sr. CADD Technician . . . . . . . . . . . . . . . . . . . . . . . . . $56.00 CADD Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 CADD Operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Clerical II . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 Clerical I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 EXHIBIT B COST BREAKDOWN EXHIBIT B Streets capes MaQnolia Square Market Square Preliminary Concept: $2,160.00 $ 5,670.00 $2,880.00 Final Design: $1,440.00 $ 5,670.00 $2,880.00 Construction Documents: $6,750.00 $11,460.00 $5,730.00 Bidding Services: $ 750.00 $ 1,000.00 $ 500.00 Total: $11,100.00 $23,980.00 $11,990.00 TOTAL LUMP SUM FEE: $47,070.00 NOTE: Although costs have been separated above, it is assumed that these items will be designed, bid and constructed as one project. '-- r AMENDMENT 72 TO AGREEMENT DATED NOVEMBER 27,1984 CONSULTING ENGINEERING SERVICES FOR TOWN CENTER STREETSCAPE and LANDSCAPE SERVICES BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated ///;;1. l, ,2001, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the November 27, 1984, Agreement apply as fully as if repeated herein. '. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Landscape Architect and Engineering Services, more specifically itemized herein, in the preparation of Plans and Specifications and other services for Hickory Boulevard and Main Street in the City of Winter Springs Town Center. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 CPH has fully qualified and registered Landscape Architects on staff. 2.1.3 The ENGINEER will serve as the OWNER's professional engineering representative in those phases of the project to which this Amendment applies, and will give consultation and advice to the OWNER during the performance of his services. The ENGINEER will perform the services for the City Commission under the general supervision of the City Manager and Public Works Director and will submit interim plans to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation of plans and specifications for streetscape and landscape improvements as listed below. It is assumed that the street lighting will be provided by Florida Power. 3.1.1 The project includes the following: a. Streetscaping along Tuskawilla Road (north ofS.R. 434), a.k.a. Main Street. b. Streetscaping along Hickory Boulevard within the City ROW. CPH will not provide designs for improvements to the State-owned land between the travel lanes. c. Landscape design around the pond behind City Hall. i'. d. Design of Market Square. e. Landscape and hardscape design of Magnolia Park. f. Engineering services as required to integrate project with the roadway projects. g. Project management coordination services. We have divided the project into park and streetscape elements. The streetscape improvments are considered to be part of the roadway improvements and will be funded as such. The parks will be from a separate funding source. 3.1.2 The project will be coordinated with the landscape and hardscape features of the Doran project. It is the intent to make Main Street the focal point. Landscape and hardscape features will be reduced as we move away from the Main Street corridor. Main Street and Hickory Boulevard will set the standard for future development of the Town Center. 3.1.3 Preliminary Concept The landscape architect will prepare a preliminary concept and submit same to Dover/Kohl for input/integration with the Town Center Master Plan and District Code. This will also be distributed to the City Manager and staff. Upon receipt of comments, the concept will be revised and prepared for discussion with the Commission at a workshop. 3.1.4 The landscape architect will take the comments from all parties and develop a final plan. Coordination will continue with Dover/Kohl and City staff during this process. Once the final design is approved by the City Manager and the Commission, work will begin on the construction documents. 3.1.5 Construction Documents The construction documents shall include the following: a. Grading Plans b. Pavement Materials and Design c. Landscape Design and Specifications d. Irrigation Design and Specifications e. Furniture Specifications (benches, litter receptacles, bike racks, lighting, bollards, etc.) f. Electrical (low level lighting and park lighting - not streetlights) g. Opinion of Probable Construction Cost 3.1.6 Retain the service of an electrical engineer to provide park/landscape lighting. Coordinate services and also coordinate type with street lighting and other development, which will take place in the Town Center. 3.1.7 Prepare bid packages for distribution in accordance with City procedures, i.e. Demand Star. " i', 3.1.8 Perform field check of completed construction documents. 3.1.9 Prepare site plans for review and submittal to meet City requirements and presentation through the DRC process. 3.1.10 Prepare final construction documents. 3.2 PERMITS 3.2.1 No permits are necessary for this work. We consider this to be a part of the roadway design, which has been permitted. 3.3 BIDDING SERVICES 3.3.1 Prepare advertisement for bid for placement in appropriate publications by the OWNER. 3.3.2 Provide copies of reproducible plans and specifications to the OWNER or his designated representative for distribution by others. 3.3.3 Issue addenda to the documents as required. 3.3.4 Answer questions of bidders and suppliers. No interpretations of the documents shall be made, other than through issuance of addenda to the documents. 3.3.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. 3.3.6 Evaluate the bids and assist the OWNER in the selection of the construction contractor. .. H ..... - -... ------ -- ..-..--.. ................ .............. 3.3.7 Consult with the OWNER and participate in all decisions as to acceptability of subcontractors and other' persons and organizations proposed by the general contractor for these portions of the work for which subcontractor approval is required by the documents. 3.3.8 Prepare and review contracts, bonds, insurance certificates, construction schedules and other portions of the Contracts in order to assist the OWNER in his determination as to whether to issue a Notice to Proceed to the Contractor. 3.4 CONSTRUCTION ADMINISTRATION SERVICES Provide Construction Administration services for the project under a separate agreement and may be incorporated into the CA agreement for the roadways. i' SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.2.1 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. 4.2.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.2.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.2.4 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, or other regulatory agency requirements. 4.2.5 Provide, through a subconsultant, additional surveying services if required or requested by the OWNER. 4.2.6 Provide, through a subconsultant, soils investigation services if required or requested by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and 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. 5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. " 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. 5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. 5.1.5 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. 5.1.6 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. 5.1.7 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. 5.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.9 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. 5.1.10 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 . PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 The fee for the engineering design and permitting scope of services described herein shall be a total lump sum fee of $47,070.00. 6.2 REIMBURSED EXPENSES 6.2.1 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 and similar project-related items. 6.2.2 The OWNER will make prompt monthly payments in response to ENGINEER's monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. .... 6.2.3 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. 6.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.4 will be computed at a rate of $400.00 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 funding levels as set forth in Paragraph 6.1.1 and 6.2.1 herein). 6.2.5 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 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 4. 6.2.6 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER and will endeavor to meet the timetable established between the County and the City. SECTION 7 GENERAL CONDITIONS 7.1 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 opinions 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 judgement 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. 7.2 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 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. .. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. OWNER: City of Winter Spring,$;' Florida J}:If " JZ J,i.u"7'dP.'" By. ' ']prUl'I/. ':-~,~ .~ /, Date: 1/ - J"7 - 0,) .. 1 I ENGINEER: CPH Engineers, Inc. ATTEST ~" M " At t\ \~A,\)1/\/v'-/ r_ '-" J:1Z6582\WP\PROPOSALS\WINTER SPRINGS\AMEND 72.WPD EXHIBIT A STANDARD BilliNG RATES Standard Classification BillinQ Rates I Classification Rate Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00 Professional Enoineer . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Enoineerino Manaoer . . . . . . . . . . . . . . . . . . . . . . . . . $85.00 Sr. Desiqn Enqineer . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 Desiqn Enqineer EIT . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Traffic Enqineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 Sr. Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Construction Manaoer . . . . . . . . . . . . . . . . . . . . . . . . . $78.00 Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76.00 Landscape Architect . . . . . . . . . . . . . . . . . . . . . . . . . . $72.00 Reqistered Land Surveyor . . . . . . . . . . . . . . . . . . . . . $75.00 Construction Field Rep II . . . . . . . . . . . . . . . . . . . . . . . $65.00 Sr. Oesiqn Technician . . . . . . . . . . . . . . . . . . . . . . . . . $77,00 Desiqn Technician. . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 Sr. CADD Technician . . . . . . . . . . . . . . . . . . . . . . . . . $56.00 CADD Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 CADD Operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Clerical II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 Clerical I . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $30.00 EXHIBIT B COST BREAKDOWN EXHIBIT B Streetscapes Magnolia Square Market Square Preliminary Concept: $2,160.00 $ 5,670.00 $2,880.00 Final Design: $1,440.00 $ 5,670.00 $2,880.00 Construction Documents: $6,750.00 $11,460.00 $5,730.00 Bidding Services: $ 750.00 $ 1,000.00 $ 500.00 Total: $11,100.00 $23,980.00 $11,990.00 TOTAL LUMP SUM FEE: $47,070.00 NOTE: Although costs have been separated above, it is assumed that these items will be designed, bid and constructed as one project.