CN-550000-CAC75-W0030000.pdf

District Seven Professional Services Office, 11201 N. McKinley Drive, MS 7-700, Tampa, Florida 33612, (813) 975-6026, www.fdot.gov

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT TO

STANDARD PROFESSIONAL SERVICES AGREEMENT

375-030-97

PROCUREMENT

12/22

Amendment Number: 2 Amendment Execution Date:

Original Agreement No.: CAC75 Original Agreement Execution Date: 3/30/2021

Consultant Name: Element Engineering Group, LLC

FM Number(s): 440063 1 32 01

FAP No.: TBD

Agreement Description: US 301/SR 41/Gall Blvd. from Hillsborough County Line to South of SR 39 Pasco County

Purpose of Amendment: Add Funds, Incorporate attachments to the contract, Add Provision

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

The total maximum limiting amount of $816,018.00 for all services required under the original agreement and all supplements and amendments thereto is herein increased by $49,746.00. The revised total maximum limiting amount for all services is $865,764.00. The services specified in Exhibit “A”, Scope of Services of the original agreement are amended and attached as Exhibit "A".

Financial Project No. Amount

440063 1 62 02 $49,746.00

This contract is funded by multiple appropriates. This Supplemental Amendment will also be a funding authorization. This Amendment will authorize Construction Assistance services per attached Exhibit “A”, Scope of Services. Funds in the amount of $49,746 are for FPN: 440063 1 62 02 Construction Assistance and invoiced for the same FPN as described in Exhibit “B”, Summary of Compensation. The method of payment shall remain as stated in the original Standard Consultant Agreement, Exhibit “B”, except for Post Design-Construction Assistance services which will be paid as limiting amount (LA-4) in accordance with Section 2.2 of the original agreement Method of Compensation.

The following attachments are hereby incorporated into this Amendment:

Exhibit “A”, Scope of Services

Exhibit “B”, Method of Compensation

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: 715888CE-17E4-4ED3-942E-FBF6BEE5D553

March 2, 2023

District Seven Professional Services Office, 11201 N. McKinley Drive, MS 7-700, Tampa, Florida 33612, (813) 975-6026, www.fdot.gov

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT TO

STANDARD PROFESSIONAL SERVICES AGREEMENT

375-030-97

PROCUREMENT

12/22

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

Element Engineering Group, LLC Name of Consultant

BY: BY:

Name: Name: Rebecca L. Schwarz

Title: Title: Procurement Services Manager

FOR DEPARTMENT USE ONLY

PROCUREMENT OFFICE REVIEW: LEGAL OFFICE REVIEW:

Procurement Office Legal Office

President

Derek Gil, PE

February 23, 2023

EXHIBIT "A"

SUPPLEMENTAL AMENDMENT NO. 2

SCOPE OF SERVICES

FINANCIAL PROJECT I.D NO. 440063 1 32 01

POST DESIGN SERVICES

FOR

US 301/SR 41/GALL BLVD. FROM HILLSBOROUGH COUNTY LINE TO S. OF SR 39

PASCO COUNTY

Financial Project ID: 440063 1 62 02

Contract No. CAC75

Federal Project No. TBD

FP ID: 440063 1 62 02

EXHIBIT "A"

SUPPLEMENTAL AMENDMENT NO. 2

SCOPE OF SERVICES

Financial Project ID: 440063 1 32 01

POST DESIGN SERVICES

FOR

US 301/SR 41/GALL BLVD. FROM HILLSBOROUGH COUNTY LINE TO S. OF SR 39

PASCO COUNTY

Financial Project ID: 440063 1 62 02

Federal Project No. TBD

I. BACKGROUND

The CONSULTANT was retained by the DEPARTMENT for the design of resurfacing, restoration, and rehabilitation (RRR) project on US 301/SR 41/Gall Blvd. from Hillsborough County Line to S. of SR 39, including widening to add bike lane keyhole and add sidewalk near Chancey Road and SR 39 in Pasco County, and the preparation of complete construction plans.

II. OBJECTIVES

The general objective of this Supplemental Amendment is to provide additional service for the CONSULTANT to provide Post Design Services.

III. SERVICES

Under this Supplemental Amendment, the CONSULTANT shall provide post-design construction assistance services which may include, but are not limited to, Plans Updates, Engineering Assistance, Expert Witness Testimony, Review of Shop Drawings and Meeting Attendance. These services are intended to deal with changed conditions or services not covered by previous contract provisions and are not intended for CONSULTANT errors and/or omissions.

A. Plans Update

The CONSULTANT shall be the custodian of the project CADD files and shall be responsible for their upkeep during the construction period.

At the conclusion of the construction, the CONSULTANT, if requested by the DEPARTMENT, shall revise the CADD files to reflect as-built conditions based on marked up prints, drawings, and other data furnished to the CONSULTANT. At the conclusion of construction or at the DEPARTMENT's request, the CONSULTANT shall return all CADD files to the DEPARTMENT for its use and file.

If requested by the DEPARTMENT, additional hours will need to be negotiated. 1 plan update is included in this scope.

B. Engineering Assistance

The CONSULTANT shall provide to the DEPARTMENT qualified representation during the construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared in the work.

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 that take into account the changed conditions.

On-site appearance of the CONSULTANT shall be made during construction at the written 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.

C. Expert Witness Testimony

The CONSULTANT shall serve as an expert witness in legal proceedings such as construction claims, if required by the DEPARTMENT.

If requested by the DEPARTMENT, additional hours will need to be negotiated.

D. Review of Shop Drawings

The CONSULTANT shall be responsible for the review of construction shop drawings. Shop drawing reviews shall be performed in accordance with the Shop Drawing Review Procedure. See Chapter 152, Florida Department of Transportation Design Manual (FDM).

E. Meeting Attendance

At the DEPARTMENT’s request, the CONSULTANT shall attend any pre-construction conferences, mandatory pre-bid meetings, design-to-construction hand-off meetings or other similar meetings.

IV. GOVERNING PROVISIONS FOR WORK

The work under this Supplemental Agreement No. 2 assignment shall be conducted in accordance with the Base Consultant Agreement and any subsequent Amendments.

V. DEPARTMENT RESPONSIBILITIES

The DEPARTMENT’s responsibilities will be as shown in the Base Consultant Agreement, and any subsequent Amendments, except as modified herein.

VI. SUMMARY OF COMPENSATION

For a summary of all compensation for this Supplemental Amendment No. 2, please refer to the attached Attachment ‘B’, which is incorporated herein by reference. Compensation will be based on an Upset Limit amount for this Supplemental Agreement No. 2.

VII. BEGINNING AND LENGTH OF SERVICES

Services are authorized to commence for this Supplemental Agreement No. 2 upon the execution date of the Base Consultant Agreement. All services under this Supplemental Agreement No. 2 shall be completed by 9/13/2024.

G:\Professional Services\CONTRACT.398\440xxxx\44006313.201 CAC75 (21722)\AMENDMENTS\2 SA ExB.doc

EXHIBIT “B”

SUMMARY OF COMPENSATION

FPN: 440063 1 32 01

Supplemental Amendment No. 2

I. Summary of Fees

For the satisfactory completion of services detailed in Exhibit “A”, the Consultant shall receive additional compensation of $49,746.00. A summary of fees is below:

Basic Services

Operating Margin

Geotech Services

SUE

Services

Optional Services

Const.

Assist. Total

Original 03/30/2021

$684,157

-0-

$52,930

$737,087

Suppl Amend #1 11/21/2022

$36,882

$42,049

$78,931 Supp Amend #2 Present

FPN: 440063 1 62 02

$49,746

$49,746

Total $721,039 -0- -0- $94,979 -0- $49,746 $865,764

II. Method of Payment

The method of payment shall remain as stated in the original Standard Consultant Agreement, Exhibit “B”.

Except as hereby modified, amended, or changed, all of the terms and conditions of said Agreement and any Supplements and Amendments thereto shall remain in full force and effect.