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HomeMy WebLinkAbout1999 05 10 Consent Item A COMMISSION AGENDA ITEM A CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR May 10, 1999 Meeting MGR RV/DEPT j#- Authorization REQUEST: Utility/Public Works Department Requesting Authorization to Execute Amendment 60 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: The purpose ofthis Board item is to request authorization for the execution of Amendment 60 for the Moss Road Roadway Improvements with Conklin, Porter & Holmes Engineers, Inc. at a cost of$91,11O.00. CONSIDERATIONS: This amendment is needed to initiate the design of the Moss Road Improvements Project identified in the Traffic Circulation Element of the Comprehensive Plan. The project is for the four laning of Moss Road from S.R. 434 to S.R. 419. The scope of work includes surveying, geotechnical, traffic study, stormwater design and permitting (SJRWMD), roadway design and permitting (DOT), traffic calming, landscaping and irrigation design, and bidding services. The cost for Amendment 60 - Moss Road Roadway Improvements is $91,110.00. The estimated cost of the improvements is $1.2 million. Construction is projected to begin in June of2000. FUNDING: The funding source for this project expenditure of$91,110 is the capital improvement line code of the Transportation Impact Fee - (140-56310). This project is included in the One Cent Sales Tax Interlocal Agreement with Seminole County and is May 10, 1999 Consent Agenda Item B Page 2 eligible for reimbursement up to $1,000,000. The funds for this project will be expended over the next 240 days. RECOMMENDATION: It is recommended that authorization be given for the execution of Amendment 60 for the Moss Road Roadway Improvements with Conklin, Porter & Holmes Engineers, Inc. at a cost of$91,110.00 payable from the capital improvements line code of the Transportation Impact Fee Fund - (140-56310). IMPLEMENTATION SCHEDULE: The scope of services will be completed within 240 days of approval. An interlocal agreement with Seminole County for reimbursement will be forthcoming in the next 60 days. ATTACHMENTS: 1. Amendment 60 COMMISSION ACTION: A TT ACHMENT NO. 1 AMENDMENT 60 TO AGREEMENT DATED NOVEMBER 27,1984 FOR MOSS ROAD ROADWAY IMPROVEMENT (SR434 to SR419) BETWEEN THE CITY OF WINTER SPRINGS AND cPH ENGINEERS, INC. This Amendment dated > 1999, by and between the City of Winter Springs (hereinafter called the OWNER) and Conklin, Porter & Holmes - 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 for the services herein authorized. The appropriate provisions of the November 27, 1984, Agreement apply as fully as if repeated herein. SECTION I GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements to Moss Road from SR434 to SR 419. These improvements are to provide a level of service "D" for the projected year 2010 traffic requirements. 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 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 advise 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 Utilities 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 pr~paration of plans, specifications and permitting for the Moss Road Roadway Improvements. 3.1.1 Stormwater For purposes of this proposal, we assume that no new property is required to provide the necessary stormwater facilities. Expansion of the existing pond(s) will be used first and other properties adjacent to the Public Safety complex will be used second. 3.1.2 Right-of-way For purposes of this proposal, no acquisition of new right-of-way will be required and no easements will be required. 3.1.3 Traffic Study The traffic study lists Moss Road as an improvement project to four lanes to accomodate 14,100 vehicles per day by 20 I 0 at a level of service "D". Four laning was also listed as the improvement in the Penny Sales Tax for Seminole County. 3.1.4 Route Moss Road is an 80 foot right-of-way. The paving project consists of approximately 2600 lineal feet. No expansion of the existing ROW is anticipated for this project. All improvements will be maintained within 3.2 PRELIMINARY ENGINEERING SERVICES - DATA COLLECTION/ANALYSIS 3.2.1 ENGINEER will perform preliminary engineering services of the following: a) Establish the existing corridor and adjacent land uses. . b) Review previous Moss Road extension plans and the Traffic Study. Retain services of a traffic counting service to verify current load and compare to previous data. c) Review existing drainage and options for expansion of the existing system and the need for other properties. Additional land may be required for stormwater treatment since swales were used to provide the treatment for some of the current road. Evaluate the use of land around the public safety complex. d) Retain the services of an environmentalist to assist with wetlands delineation. e) Review options available within the 80 foot ROW. Determine which roadway sections can be placed the available 80 foot ROW. All options must improve the the traffic capacity of the road and meet the minimum projected traffic flow for 2010. Minimum level of service is "D". f) Evaluate and prepare preliminary drawings for a two lane divided (landscaped median) section with turn lanes and a four lane urban section for comparison. g) Evaluate and incorporate traffic calming devices into the project. h) Evaluate streetscaping intersection improvements such as crosswalk improvements and landscaping. No signalization changes/improvements are anticip~ted for this project. i) Make presentation to the City Commission. 3.2.2 Survey services will be provided a licensed surveyor. The surveyor will perform the survey for a full ROW along the route stated above. Engineer will coordinate the work of the surveyor with the design. The survey will include: a) Moss Road ROW survey (2600 LF), SR434 (400 LF) and SR419 (400LF) to cover the intersections. b) Location of all visible improvements (including trees) c) Coordination with utlities d) Location of utilities (horizontal) e) Cross sections at 100' intervals f) Inverts of crossing or adjacent sanitary and storm structures g) Survey ofSW parcel at the intersection of Moss and SR419. h) ACAD disk with drafting at 1"=20' Engineer will use the Record drawings on the existing Public Safety ponds storm water ponds for possible stormwater treatment expansion. 3.3.3 The ENGINEER will retain the services ofa soils consultant to obtain data on the groundwater table and existing soils conditions. 3.4 ENGINEERING DESIGN 3.4.1 Prepare final engineering plans at 1"=20' scale with single plan and profile sheets. Plans will include: '.a) Cover sheet b) Key sheet and general notes c) Typical sections d) Structure data sheet e) Project layout f) Right of Way Survey (two sheets) g) Plan and profile (six sheets) h) Roadway cross sections ( four sheets) I) Stormwater pond improvements j) Utility details (two sheets) k) Traffic control plan (two sheets) I) Landscape plan (four sheets) m) Irrigation plans (three sheets) n) Signing and marking plan 0) Streetscaping details/traffic calming details 3.4.2 Prepare a specification for review by the OWNER. 3.4.3 Prepare a preliminary opinion of probable construction cost. 3.5 PERMITTING 3.5.1 Assist the OWNER in the preparation of a SJRWMD environmental permit application for Moss Road. 3.5.2 Assist the OWNER in the preparation of an FDOT permit for the two intersections. 3.6 BIDDING SERVICES The Engineer will provide these services after separate authorization and Notice to Proceed from the OWNER. 3.6.1 Prepare advertisement for bid for placement in appropriate publications by the OWNER. 3.6.2 Distribute and keep records of the distribution of documents to bidders and suppliers. 3.6.3 Issue addenda to the documents as required. 3.6.4 Answer questions of bidders and suppliers. No interpretations of the documents shall be made, other than through issuance of addenda- to the documents. 3.6.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. 3.6.6 ~ Evaluate the bids and assist the OWNER in the selection of the construction contractor. 3.6.7 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. 3.6.8 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 whether to issue a Notice to Proceed to the Contractor. 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. 4.1. I 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. 4.1.2 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. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 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. 4.1.5 Provide, through a subconsultant, surveying services if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by SJRWMD, recommended by the ENGINEER and authorized 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 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, I~md 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 Principals and Employees of the Engineer. 6.1.2 Compensation paid to the 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 6.2.4 herein) times a factor of2.0 plus all reimbursable expenses. The fee for the scope of services described jn Sections 3.2 and 3.3 will be provided for a lump sum fee of$ 72,350.00. In addition, there are outside consultant fees for surveying services in the amount of$ 10,500.00 and soils services in the amount of $ 4485.00. Bidding services will be provided for a lump sum fee of $3775.00 and can be authorized separately. The total fee for all items above is $91,110.00. 6.2 REIMBURSED EXPENSES 6.2.1 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. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 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 on an hourly rate. 6.2.3 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. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, 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 represents 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 his 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 complete. 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 \)W iL BY: ~ '~ DATE: J"'VI-q~ J~~ ~J---- ENGINEER: Conklin, Porter & Holmes - Engineers, Inc. ATTEST ~-L f7 ( ,~.r::~ Byc:kQe~. a...I/J! / DATE: 3/if If'f - ~,. \ ~ t ,- . , . AMENDMENT 60 TO AGREEMENT DATED NOVEMBER 27, 1984 , FOR MOSS ROAD ROADWAY IMPROVEMENT (SR434 to SR419) BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INe. This Amendment dated 5/11,1999, by and between the City of Winter Springs (hereinafter called the OWNER) and Conklin, Porter & Holmes - 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 for 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 Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements to Moss Road from SR434 to SR 419. These improvements are to provide a level of service "D" for the projected year 2010 traffic requirements. 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 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 advise 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 Utilities 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, specifications and permitting for the Moss Road Roadway Improvements. 3.1.1 Stormwater For purposes of this proposal, we assume that no new property is required to provide the necessary stormwater facilities, Expansion of the existing pond(s) will be used first and other properties adjacent to the Public Safety complex will be used second. 3.1.2 Right-of-way For purposes of this proposal, no acquisition of new right-of-way will be required and no easements will be required. 3.1.3 Traffic Study The traffic study lists Moss Road as an improvement project to four lanes to accomodate 14,100 vehicles per day by 2010 at a level of service "D". Four laning was also listed as the improvement in the Penny Sales Tax for Seminole County. 3.1.4 Route Moss Road is an 80 foot right-of-way. The paving project consists of approximately 2600 lineal feet. No expansion of the existing ROW is anticipated for this project. All improvements will be maintained within 3.2 PRELIMINARY ENGINEERING SERVICES - DATA COLLECTION/ANALYSIS 3.2.1 ENGINEER will perform preliminary engineering services of the following: a) Establish the existing corridor and adjacent land uses. b) Review previous Moss Road extension plans and the Traffic Study. Retain services of a traffic counting service to verify current load and compare to previous data. c) Review existing drainage and options for expansion of the existing system and the need for other properties. Additional land may be required for stormwater treatment since swales were used to provide the treatment for some of the current road, Evaluate the use of land around the public safety complex, d) Retain the services of an environmentalist to assist with wetlands delineation. e) Review options available within the 80 foot ROW. Determine which roadway sections can be placed the available 80 foot ROW, All options must improve the the traffic capacity of the road and meet the minimum projected traffic flow for 2010. Minimum level ofseniice is "D". f) Evaluate and prepare preliminary drawings for a two lane divided (landscaped median) section with turn lanes and a four lane urban section for comparison. g) Evaluate and incorporate traffic calming devices into the project. h) Evaluate streetscaping intersection improvements such as crosswalk improvements and landscaping. No signalization changes/improvements are anticipated for this project. i) Make presentation to the City Commission, 3.2.2 Survey services will be provided a licensed surveyor. The surveyor will perform the survey for a full ROW along the route stated above. Engineer will coordinate the work of the surveyor with the design. The survey will include: a) Moss Road ROW survey (2600 LF), SR434 (400 LF) and SR419 (400LF) to cover the intersections. b) Location of all visible improvements (including trees) c) Coordination with utlities d) Location of utilities (horizontal) e) Cross sections at 100' intervals f) Inverts of crossing or adjacent sanitary and storm structures g) Survey ofSW parcel at the intersection of Moss and SR419. h) ACAD disk with drafting at 1 "=20' Engineer will use the Record drawings on the existing Public Safety ponds stormwater ponds for possible stormwater treatment expansion. 3.3.3 The ENGINEER will retain the services of a soils consultant to obtain data on the groundwater table and existing soils conditions. 3.4 ENGINEERING DESIGN 3.4.1 Prepare final engineering plans at 1 "=20' scale with single plan and profile sheets. Plans will include: a) Cover sheet b) Key sheet and general notes c) Typical sections d) Structure data sheet e) Project layout f) Right of Way Survey (two sheets) g) Plan and profile (six sheets) h) Roadway cross sections ( four sheets) I) Stormwater pond improvements j) Utility details (two sheets) k) Traffic control plan (two sheets) I) Landscape plan (four sheets) m) Irrigation plans (three sheets) n) Signing and marking plan 0) Streetscaping details/traffic calming details 3.4.2 Prepare a specification for review by the OWNER. 3.4.3 Prepare a preliminary opinion of probable construction cost. 3.5 PERMITTING 3.5.1 Assist the OWNER in the preparation of a SJRWMD environmental permit application for Moss Road, u' . 3.5.2 Assist the OWNER in the preparation of an FDOT permit for the two intersections, 3.6 BIDDING SERVICES The Engineer will provide these services after separate authorization and Notice to Proceed from the OWNER. 3.6.1 Prepare advertisement for bid for placement in appropriate publications by the OWNER. 3.6.2 Distribute and keep records of the distribution of documents to bidders and suppliers. 3.6.3 Issue addenda to the documents as required. 3.6.4 Answer questions of bidders and suppliers. No interpretations of the documents shall be made, other than through issuance of addenda- to the documents. 3.6.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. 3.6.6 Evaluate the bids and assist the OWNER in the selection of the construction contractor. 3.6.7 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. 3.6.8 Prepare (j,nd review contracts, bonds, insurance certificates, construction schedules and other portions of the Contracts in order to assist the OWNER in his determination as whether to issue a Notice to Proceed to the Contractor. 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. 4,1.1 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, 4.1.2 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. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 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. 4.1.5 Provide, through a sub consultant, surveying services if required or requested by the OWNER, 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by SJR WMD, recommended by the ENGINEER and authorized 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 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, hmd 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 Principals and Employees of the Engineer. 6.1.2 Compensation paid to the 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 6.2.4 herein) times a factor of2.0 plus all reimbursable expenses. The fee for the scope of services described in Sections 3.2 and 3.3 will be provided for a lump sum fee of$ 72,350.00, In addition, there are outside consultant fees for surveying services in the amount of$ 10,500.00 and soils services in the amount of $ 4485.00. Bidding services will be provided for a lump sum fee of $3775.00 and can be authoriied separately. The total fee for all items above is $91,110.00. 6.2 REIMBURSED EXPENSES 6.2.1 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. . ' . . 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of$650.00 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 on an hourly rate. 6.2.3 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. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost oflabor, materials, 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 represents 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 his 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 complete. 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 ~ Li~~ BY: ;?~~4VoL - .... , :,. , . DATE: MAY 1.1, 199~ ENGINEER: Conklin, Po"rter & Holmes - Engineers, Inc. ATTEST L~L~~ ByaU~ ~. t/-i: DATE:3/z-f/f'.9 ATTACHMENT NO. 1 AMENDMENT GO TO AGREEMENT DATED NOVEMBER 27, 1984 FOR MOSS ROAD ROADWAY IMPROVEMENT (SR434 to SR419) BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 1999, by and between the City of Winter Springs (hereinafter called the OWNER) and Conklin, Porter & Holmes -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 for 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 Engineering Services, more specifically itemized herein, in the preparation of Plans, Specifications and Permitting for the roadway improvements to Moss Road from SR434 to SR 419. These improvements are to provide a level of service "D" for the projected year 2010 traffic requirements. 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 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 advise 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 Utilities 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, specifications and permitting for the Moss Road Roadway Improvements. 3.1.1 Stormwater For purposes of this proposal, we assume that no new property is required to provide the necessary Stormwater facilities. Expansion of the existing pond(s) will be used first and other properties adjacent to the Public Safety complex will be used second. 3.1.2 Right-of--way For purposes of this proposal, no acquisition of new right-of--way will be required and no easements will be required. 3.1.3 Traffic Study The traffic study lists Moss Road as an improvement project to four lanes to accomodate 14,100 vehicles per day by 2010 at a level of service "D". Four laning was also listed as the improvement in the Penny Sales Tax for Seminole County. 3.1.4 Route Moss Road is an 80 foot right-of--way. The paving project consists of approximately 2600 lineal feet. No expansion ofthe existing ROW is anticipated for this project. All improvements will be maintained within 3.2 _ PRELIMINARY ENGINEERING SERVICES -DATA COLLECTION/ANALYSIS 3.2.1 ENGINEER will perform preliminary engineering services of the following: a) Establish the existing corridor and adjacent land uses. b) Review previous Moss Road extension plans and the Traffic Study. Retain services of a traffic counting service to verify current load and compare to previous data. c) Review existing drainage and options for expansion of the existing system and the need for other properties. Additional land may be required for stormwater treatment since swales were used to provide the treatment for some of the current road. Evaluate the use of land around the public safety complex. d) Retain the services of an environmentalist to assist with wetlands delineation. e) Review options available within the 80 foot ROW. Determine which roadway sections can be placed the available 80 foot ROW. All options must improve the the traffic capacity of the road and meet the minimum projected traffic flow for 2010. Minimum level of service is "D". f) Evaluate and prepare preliminary drawings for a two lane divided (landscaped median) section with turn lanes and a four lane urban section for comparison. g) Evaluate and incorporate traffic calming devices into the project. h) Evaluate streetscaping intersection improvements such as crosswalk improvements and landscaping. No signalization changes/improvements are anticipated for this project. i) Make presentation to the City Commission. 3.2.2 Survey services will be provided a licensed surveyor. The surveyor will perform the survey for a full ROW along the route stated above. Engineer will coordinate the work of the surveyor with the design. The survey will include: a) Moss Road ROW survey (2600 LF), SR434 (400 LF) and SR419 (400LF) to cover the intersections. b) Location of all visible improvements (including trees) c) Coordination with utlities d) Location of utilities (horizontal) e) Cross sections at 100' intervals f) Inverts of crossing or adjacent sanitary and storm structures g) Survey of SW parcel at the intersection of Moss and SR419. h) ACAD disk with drafting at 1 "=20' Engineer will use the Record drawings on the existing Public Safety ponds stormwater ponds for possible stormwater treatment expansion. 3.3.3 The ENGINEER will retain the services of a soils consultant to obtain data on the groundwater table and existing soils conditions. 3.4 ENGINEERING DESIGN 3.4.1 Prepare final engineering plans at 1 "=20' scale with single plan and profile sheets. Plans will include: a) Cover sheet b) Key sheet and general notes c) Typical sections d) Stnacture data sheet e) Project layout f) Right of Way Survey (two sheets) g) Plan and profile (six sheets) h) Roadway cross sections (four sheets) I) stormwater pond improvements j) Utility details (two sheets) k) Traffic control plan (two sheets) 1) Landscape plan (four sheets) m) Irrigation plans (three sheets) n) Signing and marking plan o) Streetscaping details/traffic calming details 3.4.2 Prepare a specification for review by the OWNER. 3.4.3 Prepare a preliminary opinion of probable construction cost. 3.5 PERMITTING 3.5.1 Assist the OWNER in the preparation of a SJRWMD environmental permit application for Moss Road. 3.5.2 Assist the OWNER in the preparation of an FDOT permit for the two intersections. 3.6 BIDDING SERVICES The Engineer will provide these services after separate authorization and Notice to Proceed from the OWNER. 3.6.1 Prepare advertisement for bid for placement in appropriate publications by the OWNER. 3.6.2 Distribute and keep records of the distribution of documents to bidders and suppliers. 3.6.3 Issue addenda to the documents as required. 3.6.4 _ Answer questions of bidders and suppliers. No interpretations of the documents shalt be made, other than through issuance of addenda to the documents. 3.6.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and contracts awarded. 3.6.6 Evaluate the bids and assist the OWNER in the selection of the construction contractor. 3.6.7 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. 3.6.8 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 whether to issue a Notice to Proceed to the Contractor. 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. 4.1.1 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. 4.1.2 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. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 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. 4.1.5 _ Provide, through a subconsultant, surveying services if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by SJRWMD, recommended by the ENGINEER and authorized 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 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 PAYlV1ENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Principals and Employees of the Engineer. 6.1.2 Compensation paid to the 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 6.2.4 herein) times a factor of 2.0 plus all reimbursable expenses. The fee for the scope of services described in Sections 3.2 and 3.3 will be provided for a lump sum fee of $ 72,350.00. In addition, there are outside consultant fees for surveying services in the amount of $ 10,500.00 and soils services in the amount of $ 4485.00. Bidding services will be provided for a lump sum fee of $3775.00 and can be authorized separately. The total fee for all items above is $9l ,110.00. 6.2 REIMBURSED EXPENSES 6.2.1 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. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 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 on an hourly rate. 6.2.3 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. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, 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 represents 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 his 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.