CN-550000-C9O02-S0010000.pdf

District Five Professional Services Office, 719 South Woodland Blvd. MS 4-524, Deland, Florida 32720, (386) 943-5526, www.fdot.gov

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT TO

STANDARD PROFESSIONAL SERVICES AGREEMENT

375-030-97

PROCUREMENT

09/17

Amendment Number: 3 Amendment Execution Date:

Original Agreement No.: C-9O02 Original Agreement Execution Date: February 19, 2016

Consultant Name: Pond & Company Corporation

FM Number(s): 436915-1-62-02

Agreement Description: Milling and Resurfacing for SR 5A/ Nova Rd from Brentwood Dr. to Flomich St.

and Milling and Resurfacing for Frontage Rd from 3rd St to SR 5A/ Nova Rd.

(Volusia County)

Purpose of Amendment:

Add Funds, Time Extension, Incorporate attachments to the contract, Add Finacial ID Number, Add Post Design Services

The terms of the original agreement referenced above are hereby amended:

The total maximum limiting amount of $540,896.00 for all services required under the original agreement and all supplements and amendments thereto is herein increased by $10,202.00. The revised total maximum limiting amount for all services is $551,098.00. The services specified in Exhibit “A”, Scope of Services of the original agreement are amended and attached as Exhibit "A".

Section 2.B. of the Standard Professional Services Agreement is revised to extend the time period for completion of basic project services through October 19, 2019.

Financial Project ID Number 436915-1-62-02 is now added to this agreement. The Consultant will provide Post Design Services as described in Exhibit “A”.

Compensation is summarized on Attachment No. 1: Summary of Contract Fees and payment will be in accordance thereto with the attached Exhibit “B”, Method of Compensation.

The following attachments are hereby incorporated into this Amendment:

Attachment No. 1: Summary of Contract Fees Exhibit “A”, Scope of Services, page A-1 through A-4 Exhibit “B”, Method of Compensation, page B-1 through B-3

Except as hereby modified, amended, or changed, all of the terms and conditions of said original agreement and any supplements and amendments thereto will remain in full force and effect.

DocuSign Envelope ID: E981A47B-37F2-4394-B18E-57B2BEE86380

District Five Professional Services Office, 719 South Woodland Blvd. MS 4-524, Deland, Florida 32720, (386) 943-5526, www.fdot.gov

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT TO

STANDARD PROFESSIONAL SERVICES AGREEMENT

375-030-97

PROCUREMENT

09/17

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written.

CONSULTANT STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Pond & Company Corporation Name of Consultant

BY: BY:

Name: Name: Richard B. Morrow, P.E.

Title: Title: Director of Transportation Development

District Five

FOR DEPARTMENT USE ONLY

PROCUREMENT OFFICE REVIEW: LEGAL OFFICE REVIEW:

Procurement Office Legal Office

August 14, 2017 A- 1 FPID(S): 436915-1-62-02

EXHIBIT “A”

SCOPE OF SERVICES

FOR

FINANCIAL PROJECT ID(S). 436915-1-62-02

SR 5A FROM BRENTWOOD DRIVE TO FLOMICH STREET, VOLUSIA COUNTY

DISTRICT FIVE

ORANGE COUNTY

CONTRACT AMENDMENT NO. 3

August 11, 2017

August 14, 2017 A- 2 FPID(S): 436915-1-62-02

SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES

SR 5A from Brentwood Drive to Flomich Street, Volusia County

C-9O02

CONTRACT AMENDMENT NO. 3

This Exhibit forms an integral part of the agreement between the State of Florida Department of Transportation (hereinafter referred to as the DEPARTMENT) and Pond & Company Corporation (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows:

Financial Project ID:

436915-1-62-02

Description:

SR 5A from Brentwood Drive to Flomich Street, Volusia County

TABLE OF CONTENTS

SECTION I. PURPOSE A-3

SECTION II. PROJECT OBJECTIVES A-3

ADDITIONAL SERVICES A-3

1. Construction Assistance A-3

2. Review of Shop Drawings A-3

3. Meetings A-4

SECTION III. CONSULTANT RESPONSIBILITIES A-4

SECTION IV. DEPARTMENT RESPONSIBILITIES A-4

August 14, 2017 A- 3 FPID(S): 436915-1-62-02

SCOPE OF SERVICES

SECTION I – PURPOSE

The purpose of this Supplemental Amendment is to provide authorization for Post Design Services for the Milling & Resurfacing of SR 5A (Nova Road) from Brentwood Drive (MP 0.000) to Flomich Street (MP 11.696), Volusia County

SECTION II – PROJECT OBJECTIVES

ADDITIONAL SERVICES - POST DESIGN SERVICES

1. Construction Assistance

With this supplemental agreement the Consultant shall provide the Department qualified representation during the construction phase to address questions concerning the intent and interpretation of the construction contract plans and documents. Should changed conditions be encountered in the field, and when requested by the Department, the Consultant shall respond in a timely manner with suitable engineering solutions, which take into account the changed conditions.

On-site appearance of the Consultant shall be made during construction at the request of the Department or its designated representative.

From time to time during construction, the Consultant may be requested by the Department or its designated representative to review contractor proposed field changes or to respond with a recommended solution to remedy particular field situations not covered by the plans and specifications.

2. Review of Shop Drawings

The Consultant shall review any required shop drawings within a timely manner and indicate acceptance or whether resubmission is required.

August 14, 2017 A- 4 FPID(S): 436915-1-62-02

3. Meetings

The consultant will provide representation at progress meetings for the duration of the project and on-site field review meetings as requested by the Department’s Representative.

SECTION III - CONSULTANT RESPONSIBILITIES

All services and requirements as outlined in the Original Agreement, including any Supplemental Amendments to date, shall remain in full force and effect.

SECTION IV - DEPARTMENT RESPONSIBILITIES

The Department's responsibilities shall remain the same as in the Original Agreement, including any Supplemental Amendments to date.

B-1

EXHIBIT “B”

METHOD OF COMPENSATION

C-9O02 A#3 Financial Project ID No(s). 436915-1-62-02

Milling and Resurfacing for SR 5A/ Nova Rd from Brentwood Dr. to Flomich St. and Milling and Resurfacing for Frontage Rd from 3rd St to SR 5A/ Nova Rd. (Volusia County)

POST DESIGN SERVICES

1.0 PURPOSE

This exhibit defines the limit and method of compensation to be made to the Consultant for the services described in the Scope of Services of this Amendment Number 3 and the method by which payments will be made.

2.0 COMPENSATION

For satisfactory completion of the services described in the Scope of Services of this Amendment, the Department will pay the Consultant a Maximum Limiting Amount of $10,202.00. This will make a Maximum Limiting Amount of $551,098.00 for all services, required and optional, under the original agreement as supplemented.

2.1 Summary of Compensation

Compensation is summarized on Attachment 1: Summary of Contract Fees and payment will be in accordance with the Method of Compensation, Exhibit “B” as amended with this Amendment No.

3.

2.2 Details of Compensation

LUMP SUM AMOUNTS

Fixed Fee (when direct salaries are a limiting amount; LS-12):

The Consultant will receive progress payments based on the percentage provided for operating margin in Table 4 of Section 3.0. Payments will be the tabulated percentage applied to approved direct labor (unburdened). Any balance remaining upon completion and approval of project services will be due at that time.

LIMITING AMOUNTS

For the following elements which are established as limiting amounts, the Department will compensate the Consultant for all reasonable, allocable and allowable costs incurred in the categories defined below. The reasonableness, allocability and allowability of reimbursements sought under this Agreement are expressly made subject to the terms of this Agreement; Federal Acquisition Regulations; Office of Management and Budget Circulars A-21, A-87, A-102, and A-110; and any pertinent Federal and State law.

Salary Related Costs when Fixed Fee is Lump Sum (LA-3):

Subject to the established limiting amount, the Consultant will receive progress payments

B-2 for direct salaries and wages for time/work effort expended by personnel in the performance of authorized work during the billing period, at the contract rates established in Table 5 of Section 3.0.

Administrative overhead and fringe benefit costs will be applied to approved salary and wage costs (exclusive of premium overtime) at the combined overhead rates provided in Table 5 of Section 3.0.

The Consultant will receive compensation for allowable Facilities Capital Cost of Money (FCCM) in association with salaries. FCCM will be calculated as a percentage of chargeable direct salaries and wages, at the rate provided in Table 5 of Section 3.0.

The Consultant will be compensated for direct expenses in association with salaries.

Direct Expenses will be calculated as a percentage of chargeable direct salaries and wages, exclusive of premium overtime, at the rates provided in Table 5 of Section 3.0.

3.0 COMPENSATION RATES

The following tables are provided for definition of contractual rates. Table numbers not listed are not included in this document.

Table 4 - Salary Multipliers Table 5A - Salary Multipliers for Salary Rates Table 5B - Unloaded Hourly Rates

METHOD OF COMPENSATION TABLES

Table 4 - Salary Multipliers

Consultant Operating Margin %

Pond & Company Corporation

DRMP, Inc.

Table 5A - MULTIPLIERS FOR SALARY RATES

A. Multipliers for Rates These rates are fixed and not subject to audit adjustment during the term of this agreement.

Consultant Home Overhead % FCCM% Home Direct Expense % Pond & Company Corporation

DRMP, Inc.

B-3

Table 5B - UNLOADED HOURLY RATES B. Contract Rates

Consultant Job Class/Name Hourly Rates

Pond & Company Corporation

Project Manager $65.72 Chief Engineer $86.00 Senior Engineer $53.60 Project Engineer $46.64

DRMP, Inc.

Senior Engineer $56.90 Project Engineer $41.62 Engineer $32.46 Engineering Intern $25.96 Secretary/ Clerical $24.22

Original Agreement through

Amendment No. 2

Revised Contract Totals

Financial Project ID

No.

Financial Project ID

No.

Financial Project ID

No.

436915-1-32-01 436915-1-32-01 436915-1-62-02

LUMP SUM AMOUNTS:

BASIC SERVICES (LS 2)

Pond & Company Corporation $370,985 $0 $0 $370,985

Brindley Pieters and Associates, Inc. $14,616 $0 $0 $14,616

DRMP, Inc. $36,165 $0 $0 $36,165

SUBTOTAL LUMP SUM $421,766 $0 $0 $421,766

Authorized- Design & R/W Survey (field & office support) (LA-4)

DRMP, Inc. $111,000 $0 $0 $111,000

DRMP, Inc. $8,130 $0 $0 $8,130

SUBTOTAL LIMITING AMOUNT $119,130 $0 $0 $119,130

Fixed Fee (LS-12)

Pond & Company Corporation $0 $0 $497 $497

DRMP, Inc. $0 $0 $481 $481

Salary Related Cost (LA-3)

$0 $0 $4,711 $4,711

$0 $0 $4,513 $4,513

TOTAL POST DESIGN SERVICES $0 $0 $10,202 $10,202

$540,896 $0 $10,202 $551,098

* includes Salary Related Costs, Fixed Fee, FCCM, Overhead, and Direct Expense %

TOTAL MAXIMUM LIMITING AMOUNT

The above define elements of this Agreement do not involve the purchase of Tangible Personal Property, as defined in Section 273.02 Florida Statutes.

This Amendment No. 3

Pond & Company Corporation

DRMP, Inc.

Attachment No. 1: Summary of Contract Fees

Milling and Resurfacing for SR 5A/ Nova Rd from Brentwood Dr. to Flomich St. and Milling and Resurfacing for Frontage Rd from 3rd St to SR 5A/ Nova

Rd. (Volusia County)

Financial Project ID No.

POST DESIGN SERVICES:

LIMITING AMOUNTS:

Supplemental- Design & R/W Survey (field & survey) (LA-4)

C-9O02, Amendment #3