HomeMy WebLinkAbout1998 02 09 Consent Item A
COMMISSION AGENDA
ITEM A
REGULAR
CONSENT X
INFORMATIONAL
February 9. 1998
Meeting
MGR ~ /DEPT J/~
Au'thorization
REQUEST: Public Works Department Requesting Authorization to Execute Amendment 56
for Consulting Engineering Services with Conklin, Porter & Holmes Engineers,
Inc.
PURPOSE: The purpose of this Board item is to request authorization for the execution of
Amendment 56 for Paving and Drainage Design for the Hayes Road Turn Lane at
S.R 434 with Conklin, Porter & Holmes Engineers, Inc. at a cost of$9,975.00.
CONSIDERA nONS:
This amendment is needed to provide consulting engineering services for the paving
and drainage design for the expansion of the turning lane on Hayes Road. This project is
included in the capital improvement projects of the updated Traffic Circulation Element of
the Comprehensive Plan which was approved December 8, 1997 for transmittal to DCA. The
City does not have the stafffor surveying and design projects and this service has been
historically contracted out.
The scope of work includes surveying, design, permitting and bidding services. The
current configuration at Hayes Road does not provide sufficient stacking for left turn .
movements onto S.R 434. This backup has created a situation where right turning vehicles
drive on the grass to get around left turning vehicles. Curbing will be added to discourage
any vehicle from leaving the right of way.
February 9, 1998
Consent Agenda Item A
Page 2..
FUNDING:
The cost for Amendment 56 is $9,975.00. The source offunds would be the
consulting engineering line code (140-53180) of the Transportation Impact Fee Fund. We
budgeted $15,000 for the design of this project. Funds would be expended in 120 days.
RECOMMENDATION:
It is recommended that authorization be given for the execution of Amendment 56 for Paving
and Drainage Design ofthe Hayes Road turn lane with Conklin, Porter & Holmes Engineers, Inc. at
a cost of $9,975.00 payable from the Transportation Impact Fee Fund consulting engineering line
code (53180).
IMPLEMENTATION SCHEDULE:
The scope of services will be completed within 120 days of approval.
A TIACHMENTS:
1. Amendment 56
COMMISSION ACTION:
ti.L .Lti"ru'lJ:.l~.L .L
AMENDMENT 56 TO AGREEMENT
DATED
NOVEMBER 27,1984
CONSULTING ENGINEERING SERVICES
FOR
PA VING AND DRAINAGE DESIGN
HA YES ROAD TURN LANES AT SR 434
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
This Amendment dated , 1998, 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, tenns 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 Engineering Services, more
specifically itemized herein, in the preparation of Plans and Specifications for
increasing the length of the left-hand turn lane on Hayes Road at SR 434.
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 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 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 and specifications for roadway improvements as listed below. For
purposes of this proposal, we have assumed that the improvements will not require
an SJRWMD permit. We believe that the project is exempt. This is based on the
small size of the project (less than 4000 SF additional impervious area) and that it
is a municipal public works improvement in an existing right-of-way.
Hayes Road is a 66-foot right-of-way. The turn lane project consists of
approximately 350 lineal feet. The design will be in accordance with FDOT
"Roadway and Traffic Design Standards" and the queue length required will be
based on 2010 traffic projections from the Traffic Study.
3.2 ENGINEERlNGSERVICES - DATA COLLECTION, ANALYSIS
AND DESIGN
3.2.1 Survey services will be provided by a licensed surveyor. The surveyor will
perform the survey for a full right-of-way approximately 350 lineal feet south from
the intersection of Hayes Road and SR 434. ENGINEER will coordinate the work
of:the surveyor with the design.
The survey will include:
a) Approximate location of Right-of-way of Hayes (No title or boundary
work); South Right-of-way of SR 434 based on FDOT ROW information.
b) Location of all visible improvements (including trees)
c) Coordination with utilities and horizontal location of all utilities. Vertical
location of storm and sanitary utilities.
d) Cross sections at 100' intervals
f) Inverts of crossing or adjacent sanitary and storm structures
3.2.2 Prepare a Specification using the short form documents for review by OWNER.
3.2.3 Prepare final engineering plans at 1" = 30' scale with single plan and profile
sheets. It is anticipated that one (1) sheet will be required. Plans will also include
a cover sheet, General Notes/Details sheet and a striping plan/cross section sheet.
3.2.4 Perform field checks of completed Plans and Specifications with the OWNER's
representative.
3.2.5 Coordinate design with the needs and requirements of the corner property Owner.
Adjust sidewalks, curbing and drainage as required to implement the design within
the project area. No realignment of the roadway is required.
3.2.6 Prepare estimates of probable construction cost based upon final plans and Contract
Documents.
3.2.7 Prepare 50 % plans and specifications for review and conunent by the City staff.
3.2.8 Prepare final plans and specifications for review and approval by the City staff.
3.3 PERMITS
No permits are anticipated for this project.
3.4
BIDDING SERVICES
The ENGINEER will provide these services after a separate Notice to Proceed
from the OWNER.
3.4.1 Prepare advertisement for bid for placement in appropriate publications by the
OWNER.
3.4.2 Distribute and keep records of the distribution of documents to bidders and
suppliers.
3.4.3 Issue addenda to the documents as required.
3.4.4 Answer questions of bidders and suppliers. No interpretations of the documents
shall be made, other than through issuance of addenda to the documents.
3.4.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and
Contracts awarded.
3.4.6 Evaluate the bids and assist the OWNER in the selection of tbe construction
contractor.
3.4.7 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.
3.4.8 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.
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.
. SECTION 4
SUPPLEMENTARY SERVICES OF THE ENGINEER
4.2. 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.
4.2.2 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 I 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,
popu'lation and projections, land use and planning information.
5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them
acces.sible 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 approvals and consents from other individuals or bodies as may be necessary
5.1.7
5.1.8
5.1.9
5.1.10
6.1
for completion of the Project.
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.
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.
Provide such legal, accounting, and insurance counseling services as may be
required for the project, and such auditing services as the OWNER may require.
Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
SECTION 6
PAYMENT
PA YMENT
Payments for services and expenses of the ENGINEER to be as set forth below:
6.1.1 Compensation paid ENGINEER for services described herein and rendered by
principals and employees assigned to the Project will be computed by multiplying
Direct Personnel Expense (defined in Paragraph 6.2.4 herein) times a factor of 2.0
plus all reimbursable expenses. The fee for the engineering design and permitting
scope of services described in Section 3 shall be a lump sum fee of $6,775.00. In
addition, there are outside consultant fees for Surveying services in the amount of
$1,700.00. The total design project amounts to a Lump Sum fee of $8,475.00, not
including bidding services. The fee for the bidding services described herein shall
be $1,500.00 and can be authorized separately by the OWNER. The total proposed
fee for the complete scope of services contained in this proposal is $9975.00.
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.
I.. .
6.2.3 Direct Pers01U1el 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 tenninated 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 shaJI 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, or
equipment, or over any construction contractor's method of detennining 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 frpm 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 the 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:
A TrEST
$/ :; ./ ~
ENGINEER:
Conklin, Porter & Holmes - Engineers, Inc.
By:
, S' II iJ
1 "j/. /, (/.; r-
~
Date:
AMEND56.WPD/tmz
ATTACHME;NT A
Survey Proposal
i' I, .' .~
Tinklepaugh
SURVEYING SERVICES INC.
January 6, 1998
Conklin, Porter & Holmes Engineers, Inc.
1117 E. Robinson Street
Orlando, Florida 32801
Attention: Terry Zaudtke
RE: Hayes Road I S.R.# 434 Intersection Survey
Proposal # 98 - 00
Dear Terry,
As requested we have reviewed the scope of services to survey this intersection. The
survey will include the South ~ right of way for State Road # 434 extending 160 feet East
and West from its intersection with Hayes Road, together with full right of way of Hayes
Road for 350 feet.
Scope of Service
1) Approximate rights of way
2) Culture
3) Utilities
4) X-Sections at 100 foot intervals
Based on our review we propose to prepare this survey for a FEE of $1,700.00.
Revisions, additional certifications, title reviews, etc. will be provided at an additional fee.
The terms of this agreement shall be valid for client acceptance for thirty (30) days.
Invoices are due and payable at time of receipt; in the case of delinquent accounts (90
days or over) the client agrees to pay, in addition to the full face amount of the invoice, all
reasonable collection, and/or attorney's fees required in the process of collection.
Four sets of the survey, signed and sealed, will be provided at job completion. Additional
prints, pick-ups or delivery, and other identifiable direct out of pocket expenses will be
invoiced at a multiplier of 1.25.
1104 E. ROBINSON STREET · ORLANDO, FLORIDA 32801
TELEPHONE (407) 422-0957
FAX (407) 648-1036
OUR NEW FAX # 407-422-69']5
Ii'~ .:-~
C.P.H.
Attn: T. Zaudtke
1/06/98
page-2-
98-00
We sincerely appreciate your choosing Tinklepaugh Surveying Services, Inc. for a
proposal and look forward to working with you on this project.
Sincerely,
TINKLEPAUGH SURVEYING SERVICES, INC.
G~~1nse
~rt:liCi1
. .
If this proposal is satisfactory, please have the financially responsible party execute and
. return one copy to this office as our authorization to proceed.
ACCEPTANCE OF CONTRACT BY:
Name
Title
Date
GFL:ss
AMENDMENT 56 TO AGREEMENT
DATED
NOVEMBER 27, 1984
CONSULTING ENGINEERING SERVICES
FOR
PAVING AND DRAINAGE DESIGN
HAVES ROAD TURN LANES AT SR 434
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CONKLIN, PORTER & HOLMES -ENGINEERS, INC.
This Amendment dated , 1998, 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 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 Engineering Services, more
specifically itemized herein, in the preparation of Plans and Specifications for
increasing the length of the left-hand turn lane on Hayes Road at SR 434.
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 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 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 and specifications for roadway improvements as listed below. For
purposes of this proposal, we have assumed that the improvements will not require
an SJRWMD permit. We believe that the project is exempt. This is based on the
small size of the project (less than 4000 SF additional impervious area) and that it
is a municipal public works improvement in an existing right-of-way.
Hayes Road is a 66-foot right-of-way. The turn lane project consists of
approximately 350 lineal feet. The design will be in accordance with FDOT
"Roadway and Traffic Design Standards" and the queue length required will be
based on 2010 traffic projections from the Traffic Study.
3.2 ENGINEERING SERVICES -DATA COLLECTION, ANALYSIS
AND DESIGN
3.2.1 Survey services will be provided by a licensed surveyor. The surveyor will
perform the survey for a full right-of-way approximately 3501ineal feet south from
the intersection of Hayes Road and SR 434. ENGINEER will coordinate the work
of the surveyor with the design.
The survey will include:
a) Approximate location of Right-of-way of Hayes (No title or boundary
work); South Right-of--way of SR 434 based on FDOT ROW information.
b) Location of all visible improvements (including trees)
c) Coordination with utilities and horizontal location of all utilities. Vertical
location of storm and sanitary utilities.
d) Cross sections at 100' intervals
fl Inverts of crossing or adjacent sanitary and storm structures
3.2.2 Prepare a Specification using the short form documents for review by OWNER.
3.2.3 Prepare final engineering plans at 1 " = 30' scale with single plan and profile
sheets. It is anticipated that one (1) sheet will be required. Plans will also include
a cover sheet, General Notes/Details sheet and a striping plan/cross section sheet.
3.2.4 Perform field checks of completed Plans and Specifications with the OWNER's
representative.
3.2.5 Coordinate design with the needs and requirements of the corner property owner.
Adjust sidewalks, curbing and drainage as required to implement the design within
the project area. No realignment of the roadway is required.
3.2.6 Prepare estimates of probable construction cost based upon final plans and Contract
Documents .
3.2.7 Prepare 50% plans and specifications for review and comment by the City staff.
3.2.8 Prepare final plans and specifications for review and approval by the City staff.
3.3 PERMITS
No permits are anticipated for this project.
3.4 BIDDING SERVICES
The ENGINEER will provide these services after a separate Notice to Proceed
from the OWNER.
3.4.1 Prepare advertisement for bid for placement in appropriate publications by the
OWNER.
3.4.2 Distribute and keep records of the distribution of documents to bidders and
suppliers.
3.4.3 Issue addenda to the documents as required.
3.4.4 Answer questions of bidders and suppliers. No interpretations of the documents
shall be made, other than through issuance of addenda to the documents.
3.4.5 Attend the bid opening and OWNER's meetings at which bids are to be opened and
contracts awarded.
3.4.6 Evaluate the bids and assist the OWNER in the selection of the construction
contractor.
3.4.7 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.
3.4.8 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.
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 approvals and consents from 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 Compensation paid ENGINEER for services described herein and rendered by
principals and employees assigned to the Project will be computed by multiplying
Direct Personnel Expense (defined in Paragraph 6.2.4 herein) times a factor of 2.0
plus all reimbursable expenses. The fee for the engineering design and permitting
scope of services described in Section 3 shall be a lump sum fee of $6,775.00. In
addition, there are outside consultant fees for Surveying services in the amount of
$1,700.00. The total design project amounts to a Lump Sum fee of $8,475.00, not
including bidding services. The fee for the bidding services described herein shall
be $1,500.00 and can be authorized separately by the OWNER. The total proposed
fee for the complete scope of services contained in this proposal is $9975.00.
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.
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 the 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: 02'"/ ~"~ ~
ENGINEER:
Conklin, Porter & Holmes -Engineers, Inc.
ATTEST
,~
~ r
By: .c ~ Sr- v
Date: ~~~G' / J~
AMEND56.WPD/tmz
ATTACHMENT A
Survey Proposal
Tinklepaugh
SURVEYING SERVICES INC.
January 6, 1998
Conklin, Porter & Holmes Engineers, Inc.
1117 E. Robinson Street
Orlando, Florida 32801
Attention: Terry Zaudtke
RE: Hayes Road / S.R.# 434 Intersection Survey
Proposal # 98 - 00
Dear Terry,
As requested we have reviewed the scope of services to survey this intersection. The
survey will include the South'/~ right of way for State Road # 434 extending 160 feet East
and West from its intersection with Hayes Road, together with full right of way of Hayes
Road for 350 feet.
Scope of Service
1) Approximate rights of way
2) Culture
3) Utilities
4) X-Sections at 100 foot intervals
Based on our review we propose to prepare this survey for a FEE of $1,700.00.
Revisions, additional certifications, title reviews, etc. will be provided at an additional fee.
The terms of this agreement shall be valid for client acceptance for thirty (30) days.
Invoices are due and payable at time of receipt; in the case of delinquent accounts (90
days or over) the client agrees to pay, in addition to the full face amount of the invoice, all
reasonable collection, and/or attorney's fees required in the process of collection.
Four sets of the survey, signed and sealed, will be provided at job completion. Additional
prints, pick-ups or delivery, and other identifiable direct out of pocket expenses will be
invoiced at a multiplier of 1.25.
1104 E. ROBINSON STREET ORLANDO, FLORIDA 32801
TELEPHONE (407) 422-0957
FAX (407) 648-1036
OUR NEW FAX # 407-X22-6915
C.P.H.
Attn: T. Zaudtke
1 /06/98
page-2-
98-00
We sincerely appreciate your choosing Tinklepaugh Surveying Services, Inc. for a
proposal and look forward to working with you on this project.
Sincerely,
TINKLEPAUGH SURVEYING SERVICES, INC.
raid .Liven 'se
Pr nt
If this proposal is satisfactory, please have the financially responsible party execute and
return one copy to this office as our authorization to proceed.
ACCEPTANCE OF CONTRACT BY:
Name
Title
Date
GFL:ss