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205-CPH-Amendment 34
Mr. William A. Simmons, P.E. City Manager City of Sanford P O Box 1788 Sanford, Florida 32772-1788 Re: City of Sanford - Site 10 - Contracts I, II and III CPH Job No. S0602.64, S0602.65 and S0602.66 Dear Mr. Simmons: As stated in our memo to you dated December 16, 1992, engineering costs had slightly exceeded the project budget through November 27, 1992, and we indicated that we would be following up with a request for a fee adjustment, which is the purpose of this letter. An earlier letter dated October 1, 1992 informing the City of the eventual budget/fee overrun is attached for review and information. Our approach in considering this request for fee modification is (1) to record the circumstances which resulted in the budget overrun and (2) estimate what it will take from November 27, 1992, to the anticipated completion date of all three construction contracts. (1) Past (and in some cases, continuing) contributing factors to the current budget status are as follows: · Specific, substantiated "extra" services including: Resurvey of the southeast and northwest boundaries of the project to resolve property line disputes; additional field visits, work and preparation and submission of reports to (Florida Game Fresh Water Fish Commission (FGFWFC) in connection with Eagles Nest No. 3; Costs associated with acquiring Osprey nests Depredation Permits from the FGFWFC; Design considerations to aocommedate the model airplane field; and the additional expense associated with providing a four-wheel drive vehicle (initial fee authorization included this cost for a six-month period). · Construction completion dams not being met (described in more detail elsewhere) © · Additional work resulting from unknown field conditions (Contract I) · Additional costs associated with the considerable difficulties experienced with the contractor in the completion of Contract II While the specific additional work efforts listed above are significant, by far the largest factor resulting in our original estimated budget being exceeded is the fact that the work of Contract II has extended substantially beyond the originally planned completion date. In addition, the completion dates of Contracts I and III have also been extended, resulting in increased engineering costs. Contract II - Fountain Contractor Co.. Inc: This contract was to originally have been completed March 26, 1992. This completion date was modified by Change Order to July 28, 1992, and the contractor has yet to complete his work. This project is approximately 285 days (at January 6, 1993) beyond die date originally established in our initial fee estimate. For purposes of this estimate we are anticipating a contract completion date of May 31, 1993. In addition to the duration of the project, there have been considerable difficulties experienced during actual construction. The situation with the job, or rather with the contractor, has required dramatically increased construction administration and project representative services over those initially contemplated. Additionally, in October 1992, it was decided that we and the City should attempt to seek an agreeable change order with Fountain to delete significant amounts of their contract work and get this work assigned to other contractors. Since these efforts were dearly over and above our construction administration and project representation work, we assigned a separate job number for these services to keep them separate. Through December 25, 1992, these costs amount to $10,219.68. The latest action taken in connection with this project of removing the contractor from the project has also understandably had an impact on the engineering costs. Contract I - S&E Contractors. Inc.: Substantial completion was reached on this project November 11, 1992. While we have not experienced contractor difficulties to anywhere near the level of Contract II, the project has nevertheless exceeded the originally anticipated completion date by 90+ days, thus requiring additional construction administration and project representative services. recycled paper For purposes of this estimate, we are anticipating a contract completion date of January 8, 1993. The construction engineering services budget overrun on this project is primarily the result time delays and extensive change orders which resulted from considerable and unknown field conditions. Contract HI - S&E Contractors, Inc: This contract was originally to have been completed November 17, 1992. Substantial completion was then modified to December 18; 1992. At this point in time, substantial completion still has not been reached. For purposes of estimating, we are using a January 31, 1993 completion date. Construction engineering services budget overruns are primarily the restfit of construction delays. (2) Estimate of engineering services to date of completion, Contracts I, II and III Given the status of the three construction contracts at November 27, 1992, we have prepared an estimate of engineering-related services (based on our original Plan of Study) that are still required to complete the job and determine the fee adjustment requested. This request for a fee modification attempts to estimate engineering fees for work known to be remaining; i.e. final inspection, contract close-out, record drawings, Plan of Operation and Operation and Maintenance Manual and start-up services for one year and project performance certification at the end of the one year period. We have converted these services to a plan of study format (attached), for ease in reviewing the information. Summary: At the very inception of this project, our people were advised that the budget initially established was very "tight". We have continued to monitor time spent on the job and several months ago when it was becoming apparent that budget difficulties were ahead, we attempted to achieve a reduction in the time our staff was spending on the project. It has been difficult to do so because of the problems with the Contract II contractor, but we are still trying to cut back where we can and still provide the City with the construction administration/resident project representative services needed to help achieve the successful completion of this important and complex project. With substantial completion having been reached on Contract I and with substantial completion of Contract III estimated for January 31st, hours spent on the overall. project should lessen. However, the continuing delays on the Contract II work has had, and will continue to have, a significant impact on engineering related fees. · * '- Conkiln, Porter and Holmes SANFORD, FLORIDA 32'772-2808 TEL407-322-684~ TEL407-831-5717 FAX #407-330~O639 Our fee modification request is as follows: $ 4,163.86 Engineering related services which were above the authorized maximum fee at November 27, 1992. $10,219.63 Engineering services in connection with attempting an agreeable change order between Fountain and the City deleting significant amount os FCCI's contract work. $ 94,951.48 Estimate of engineering related services for remaining work from Plan of Study, attached. Note: The total effect of the Contract II delay will not be known until the project is finally completed. Also please note that this estimate does not take into consideration any additional costs arising out of legal proceedings involving Fountain Contractor Co. $109,334.97 Total Additional Fee Request As stated earlier, our basic approach in determining this request was to estimate what it would take from an engineering (construction administration and project representation) standpoint to complete the project. It is our feeling that this request and the methOd by which it was determined is fair and justifiable. By way of comparison, the staffing cost for the construction administration and resident project representation services associated with just the time delay of Contract II (285 days), is significan~y more than the amount of fee adjustment we are requesting at this time. This comparative review was made based on the recent average (reduced) hours spent on Contract II and were calculated using an estimated average hou~y rate believed to be on the low side. There have been no previous requests for fee modification on this project, although we have written on several occasions advising the City that a fee increase would be needed before the project is completed. In accordance with the provisions of our "Cost Plus Fixed Fee" Contract, we are therefore at this time, requesting an increase in the total fee for this project from $493,421.04 to $602,756.01. This request does not include an increase in the fixed fee (profit) provision of the contract, and is simply a request to cover costs. ." " ~L~rter and Holmes ENGINEERS, INC. 500 W. FULTON STREET POST OFFICE BOX 2808 SANFORD, FLORIDA 32772-2808 TEL407-322..6841 TEL407*831-5717 We will continue to do what is necessary to obtain satisfactory project results and to see these important projects through to completion. Thank you for your consideration of this request and if we can provide further information, please advise. If the request meets with City approval, please return one executed copy of this letter for our files. Thank you. Sincerely, CONKLIN PORTER AND HOLMES-ENGINEERS, INC. William R. Holmes, P.E. Executive Vice President Executive Vice President WRIt-BCC/js 1203LTR1 .jms ACCEPTED BY: Ci ,ty~. Name and Ti~ Date Estimate of Engineering Services Remaining @ November 27, 1992 Note: Based on Completion dates for the contracts as follows: Contract I January 8. 1993 Contract II May 31. 1993 Contract III January 31. 1993 PLAN OF STUDY · ' · ' Time in Manhours Remaining Construction Administration 3,528.00 and Resident Project Representative (4-wheel Services from 11/28/92 to completion of drive ete) work un all three contracts. 4,750.00 Contract I 2 8 12 6 (elactrieal) Contract II 20 290 290 65 52 Contract III 8 60 60 16 16 3,500.00 (environ.) Expenses 3,500.00 (surveying) Conduct substantial completion inspections and prepare punchlists of items to be corrected Contract I I 8 12 6 Contract II 2 16 32 24 8 Contract HI 2 8 12 6 6 Expenses 100.00 Conduct final inspections to determine that Contracts have be~n completed substantially in accordance with Documents and process final payment requests. All 3 Cuntmcts 6 18 24 6 Expenses 50.00 Close out and final paperwork and file sl~mmaries. All 3 Contracts 3 6 12 12 Furnishing reproducible record drawings for all three contracts indicating changes made during construction based on marked-up prints, drawings and other data furnished by others. 38 Drawings Contract II 6 23 114 24 Drawings Contract I 4 15 72 10 Additional Drawings Contract HI 2 6 30 Expenses 701.00 Plan of Operation and Operation and Maintenance Manual: Revisions of applicable sections of the existing O&M Manual and Plan of Operation and preparation of new sections including Manual and Plan of Operation for the Site 10 Facilities included in these three contracts. Contract I 6 10 5 5 5 Contract II 7 35 20 20 20 Contract III 7 35 10 15 15 Printing, subconsultant expense (300) 1,300.00 su~PI~UI£O~I O0'6LI'gl ~'IZ £g£ El9 Z69 £01 ssn°qu~lAl l~°,L Conkl|n, Porter and Holmes October 1, 1992 Mr. Paul M~re, P.E. U~Ues Dir~tor Ci~ of Saford ' P O ~x: .. Safo~d, m 32772-1?88 Re: Ci~ of Saford - Sire 10 - Con~ct H ~oun~n Conictot Co., Inc.) CPH lob No. S0~2.~ ~ER Proj~t NO. 586110 · .Dear Mr. Moore: · ~-. Ti:~ .leiterjs to advise you that extensive impacts on our original plan of study have signi~c~tly --.:: affected the engineering costs for the referenced project. Our Amendment coveting Contract II .. also includes services related to Contracts I and lII. We have made efforts to economize on · .; services overall, but due to the extended duration of the Connet II contmctor's performance, .and.~iFi~h;~kl positions on many construction manes, plus the need for us to provide extra "-iY ~.-'-~:-ti5"~5~¢ _are hereby informing you in accordance with the provisions of our E/i~in~erixig.C0htmct, that engineering costs will very likely exceed the originally anticipated target cost'ceiling. ~ i'n ]::~:' ~ral majC;;iteraS'haV~ riginal peffo · ' contributed to the overrun of our oestimate to rm the work. · - ~'i:z.'.~;Tlids~ ite~s include: --: ': ?.:-z:~. "': ,L,7% .::_. ~t: .. '._' . , · . -::-:-'~ :" tim extensi0~ tO the Original Contract II coml;letion date (Chang~ Order" .... No. 2), plus further time overruns beyond the Contract extension period. With the extensions, additional field services have been required, as well as additional construction administration services, and other project costs. 2) The Amendment anticipated the City providing a four-wheel drive vehicle early in calendar year 1992. Such a vehicle has not been made available and therefore, it has been necessary for us to continue to pay for such vehicle usage. Total additional costs $4,116, through 0812.8192. .. ' . : 3) ~ -- The 'resurvey of the southeast and northwest boundaries of the project to help resoive property line disputes with adjacent residents. This effort includes the actual survey cost as well as costs incurred by CPH in research, coordination and cOrrespondence with prol~rty owners. Total additionM costs $8,105.05. Conkiln, Porter and Holmes ENG|NEERS~ INC. Page 2 October 1, 1992 4) : Additional field visits, work and preparation and submission of reports to the Florida Game and Fresh Water Fish Commission when Eagles Nest No. 3 became active. Total additional costs $2,916.49. 5) Acquisition of Osprey nests depredation permits from Florida Game and Fresh Water Fish Commission and U,S. Fish and Game. Total additional costs $817.51. 6) De. sip considerations to accommodate the model airplane field. Total additional costs While engineering costs project-wide (all three contracts) through AUgust 28, 1992, have not ex~od the total authorize~l fee for the Contract I, II and 11I. work, it is likely that they will before the total work is completed. The major contributing factor to the eventual overrun is Item " 1 ~,e~: We are not able to set the amount of overage for this item because, as you know, the COn'tract II contractor has yet to complete the project. At this particular point in time, we are .... - siiiplyi.h_0~fying th~ City. in accordance with the provisions of our Engineering Contract, that L'eii'giii~elrfi-iifC0Sts will ~Xceed!th~0figinal/y anticipated target cost ceiling. .. : ~: tf ~6~ bav~ comments or qpestions, please ad~..' . CONKLIN PORTER AND HOLMES-ENGINEERS, INC. Paul E. Porter, P.E. President PEP/is cc: · W'filiam R. Holmes, P.E. Ralph E. Ouimette, Zlr. 0925LTRI .jms AMENDMENT NO. 34A TO AGREEMENT FOR CONSULTING ENGINEERING SERVICES DURING CONSTRUCTION OF CONTRACT I - RECLAIMED TRANSMISSION MAIN TO SITE 10 CONTRACT II - CLEARING, GRADING, PONDS, AND STORMWATERMANAGEMENT SYSTEM AT SITE 10 CONTRACT III- MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10 BETWEEN THE CITY OF SANFORD, FLORIDA AND CONKLIN, PORTER & HOLMES-ENGINEERS, INC. 1991, to an Agreement previously entered into on the 7th day of December 1983, by and between the City of Sanford, Florida, hereinafter referred to as the CITY, and Conklin, Porter & Holmes- Engineers, Inc., hereinafter referred to as the ENGINEER, is mutually agreed upon and declared an extension of the original Agreement dated December 7, 1983, and entitled "Agreement for Consulting Engineering Services for Wastewater Treatment and Effluent Disposal Facilities". It is the intent of this Amendment No. 34 to modify Section III "Method of Payment to the Engineer" to a "Cost Plus Fixed Fee" method of compensation in order to be eligible for Grant funding. It is also the intent of this Amendment to incorporate and make part of the Basic Agreement the required EPA Special Contract Conditions, In case of any conflict between this Amendment 34A and the original Agreement of December 7, 1983 and Amendments thereto, this Amendment shall govern as it relates to Section III and the EPA Special Contract Conditions. NOW THEREFORE, the CITY and the ENGINEER for the considerations named hereinafter agree to modifications as follows: SECTION III METHOD OF PAYMENT TO THE ENGINEER 3.1 Compensation 3.1.1 As consideration for providing professional engineering services as set forth in Article I of A~endment 34 to the Basic Agreement, dated July 22, 1991, the OWNER shall reimburse the ENGINEER all allowable, allocable costs that are incurred in the performance of this contract up to the Target Cost Ceiling of $429,061.77 (exclusive of Fixed Fee) which will not be exceeded without formally amending this Agreement prior to the incurfence of additional costs. The OWNER will also pay the ENGINEER a Fixed Fee of $64,359.27 which may not change except in the case of an Amendment to this Agreement as a result of changes in the scope of work. Fixed fee or profit is defined as the net proceeds obtained by deducting all allowable costs (direct and indirect) from the price of the contract which include the Target Cost Ceiling and the Fixed Fee. 3.1.2 The ENGINEER's allowable and allocable cost shall consist solely of the amount of the ENGINEER's direct labor dollars expended in completing the scope of work, plus an amount for indirect cost, overhead and fringe benefits expressed as a percentage for ease of billing, plus the actual cost to the ENGINEER for other direct expenses allocable directly to the Project and not included in indirect cost. 3.1.3 The ENGINEER's direct labor dollars are defined as the amount of the actual salaries and/or wages of the ENGINEER'S employees working on the project. 3.1.4 Pending the establishment of final overhead rates for any period, the ENGINEER shall be reimbursed for allowable and allocable indirect costs not claimed elsewhere, at the provisional rate of 143.79 percent of direct labor dollars, which may, at the request of either party, be revised for billing purposes by mutual consent. 3.1.5 Other direct expenses are defined as the actual costs incurred on and directly for the project (other than the direct labor and indirect costs as hereinbefore defined). Such direct expenses shall be reimbursed on the basis of actual purchase price for items obtained from commercial sources and on the basis of actual cost exclusive of any mark-up or profit for items provided by the ENGINEER or any division, subsidiary, affiliate or organization of the ENGINEER under the ENGINEER's "common control" as defined by the 41 CFR 1-15.2 cost principles. Other direct expenses shall include, but not be limited to, necessary transportation and travel costs, laboratory testing, reproduction blueprinting costs, subcontracted surveying, electrical, and other similar allowable direct project expenses. 3.1.6 It is anticipated that the allowable, allocable and eligible costs to the OWNER for the services to be provided by the ENGINEER, exclusive of fixed fee, shall not exceed the Target Cost Ceiling as set forth in paragraph (a) above, and the ENGINEER agrees to commit his best efforts to perform the specified services and all obligations under this agreement within such Target Cost Ceiling. 3.1.7 If, at any time, the ENGINEER has reason to believe that the costs which he expects to incur in the performance of this agreement in the next succeeding 90 days, when added to all costs previously incurred, will exceed the target cost ceiling then set forth for the services, the ENGINEER shall immediately notify the OWNER in writing to that effect; giving the revised estimate of such target cost ceiling for the performance of this contract and requesting an amendment to the Agreement. The OWNER shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the estimated cost set forth in paragraph (a) and the ENGINEER shall not be obligated to continue performance under the contract or otherwise to incur costs in excess of the Target Cost Ceiling set forth unless and until the OWNER shall have notified the ENGINEER in writing that such Target Cost Ceiling has been increased and shall have specified in such a notice a revised Target Cost Ceiling, which shall thereupon constitute the estimated cost of performance of this contract. In the absence of the specified notice, the OWNER shall not be obligated to reimburse the ENGINEER for any costs in excess of the estimated Cost Ceiling, whether those excess costs were incurred during the course of the contract or as a result of termination. 3 The following EPA Special Contract Conditions are incorporated and made a part of the basic Agreement as if totally repeated therein: 1. Patents Data and Copyrights Clause 1.1 The ENGINEER shall conform to and abide by all EPA regulations pertaining to reporting and patent rights involving research, developmental, experimental or demonstration work with respect to any discovery or invention which arises or is developed in the conduct of work under this Agreement. The ENGINEER shall also comply with EPA requirements and regulations pertaining to copyrights and rights in data contained in 40 CFR Part 30. 2. Violating Facilities Clause 2.1 The ENGINEER shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11728, and EPA regulations (40 CFR Part 15) which prohibits the use of facilities on the EPA List of Violating Facilities. 3. Energy Efficiency Clause 3.1 The ENGINEER shall comply with mandatory standards and policies on energy efficiency contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) for any work performed under this Agreement. 4. Model Subagreement Clause 4.1 The following applicable clauses from 40 CFR, Part 33, Subpart F, paragraph 33.1030 of the Federal Register, Volume 48, No. 60, Monday, March 28, 1983 are incorporated into this Contract's Special Conditions. Where the word "recipient" appears, insert the words "Owner"; where the word "contractor" appears, insert the word "ENGINEER". All other elements of this Agreement andAmendments shall remain in full force and effect. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year hereinabove set forth. CITY: CITY OF SANFORD, FLORIDA William A. Si~ons, P.E., City Manager ATTEST- SEAL By authority of the City Commission of the City of Sanford, Florida Granted for the CITY on the date of: ENGINEER: CONKLIN, PORTER & HOLMES-ENGINEERS, Paul E. Porter, P.~.,~esident ATtEsT AMEND3 4A 5 Conklli, Po~er and Homes Site 10 - Contracts I, II and III ~N~RD.F~ORIOA3Z'Ta-~ Manhour Estimate: Classification Est. Hours Hourly Rate Total Principal 562 23.79 13,369.98 Engineer 1769 16.64 29,436.16 Technician 5851 15.41 90,163.91 Draftsman 374 10.93 4,087.82 Secretary 1289 10.15 13,083.35 Total Salary Cost ..................... $150,141.22 Fringe Benefits (47.00%) .............. 70,566.37 General & Administrative (96.785%) ..... 145,314.18 Outside Consultants ................... 28,825.00 Out of Pocket Expenses ................ 34,215.00 Total "Cost" .......................... $429,061.77 Fixed Fee (15.00%) .................... 64,359.27 TOTAL ................................. $493,421.04 ~OU-20-1891 1-~: -~9 ~OM ~ER TALLA~ASSEE City of San~ord, Vlop'~da Conklin, Porter and Holmes-Enqinee~s, Inc, ~ovember 20,, 1991 P~O, Drawer 2808 Sanford, ~L 32772-2808 Professional Engineering Services Construction Phase Contracts I, II &III Site 10 Principal "' ~ ~ 7q ~s 13,36~.98 .=.~~~ ~ng~n~ _ I I 16.64 ~ 29,436.16 Technician ~ ~851 15.41 Draftsman ~ 374 10~93 q~rr~ta~y ~12gq 10 l~ I l~,Og~ 3R . ')~¢~ ~mo~ ~D~, ~l~ 150,141.22 Gen. & Administrative Ovephead i~u~14~ ~ tea9e, Ken~al OT 4-~t~e~ ~lv~ ~s ~s 34,215.00 ~eh~cTe, ~en~al OT ~ortab~e ~a~ios, I Uthe~ MlSC, ~u!pmenE; ~eproauc~lon; ~ VideQtaping of Site lO Condit!ons; Etc.. Surveyor ~ $13,~5; Electr~'ca~ $2,3Q~; Eagle ~p~ci~li~t ~%516~g: Envi'~onmental S~ient~st " ~. ~o~ ~s~t~ ~ 42~. 061 L 77 '-.-.or,~ ~xed Fee 15.00% $ CFR Title 41. Subpart 1-15.2 and Subpart 1-7.202 ........... T~L$ pm~,~M i~ ,v~mit~ ~ ,~ ~.connecUoa ~ ~ ~, ~m ~ ~} L~nd AeDI i ca ti on rac i 1 i t~ es ~ q i ~ ~ 1 n, _ C o n t r a c t s I, ~ I a n d T T T , ~is ~, ~ ~ ~ t~ ~ of m~ Pau~ 'E', Por~e~, p,E=, Pres~'den~ AMENDMENT NO. 34 TO AGREEMENT FOR CONSULTING ENGINEERING SERVICES DURING CONSTRUCTION OF CONTRACT I - RECLAIMED TRANSMISSION MAIN TO SITE 10 CONTRACT II - CLEARING, GRADING, PONDS, AND STORMWATER MANAGEMENT SYSTEM AT SITE 10 CONTRACT III - MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10 BETWEEN THE CITY OF SANFORD, FLORIDA AND CONKLIN, PORTER & HOLMES - ENGINEERS, INC. , This Amendment No. 34 dated this J54--~ day of 1991, to an Agreement previously entered into ~e7th day of December 1983, by and between the City of Sanford, Florida, hereinafter referred to as the CITY, and Conklin, Porter & Holmes - Engineers, Inc., hereinafter referred to as the ENGINEER, is mutually agreed upon and declare~ an extension of the original Agreement dated December 7, 1983, and entitled "Agreement for Consulting Engineering Services for Wastewater Treatment and Effluent Disposal Facilities". It is the intent of this Amendment No. 34 to provide for engineering services consisting of services during bidding, general administration of construction, resident project services during construction and other services as herein specified for CONTRACT I - RECLAIMED TRANSMISSION MAIN TO SITE 10; CONTRACT II -CLEARING, GRADING, PONDS and STORMWATER MANAGEMENT SYSTEM AT SITE 10; and CONTRACT III -MASTER PUMP STATIONAND GROVE IRRIGATION SYSTEM AT SITE 10. In case of any conflict between this Amendment No. 34 and the original Agreement of December 7, 1983, this Amendment shall govern for the work described herein. 1 WHEREAS, the CITY has previously completed preliminary engineering and planning and final engineering design for CONTRACT I - RECLAIMED TRANSMISSIONMAIN TO SITE 10; CONTRACT II - CLEARING, GRADING, PONDS and STORMWATER MANAGEMENT SYSTEM AT SITE 10; and CONTRACT III- MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10, and WHEREAS, the approved 201 Plan (latest amendment) calls for development of site 10 as an effluent reuse and disposal facility, and WHEREAS, the CITY and FDER have completed a WQBEL Study allowing a seasonal discharge of highly treated effluent to the St. Johns River downstream of Lake Monroe, and WHEREAS, the projects are anticipated as being financed utilizing advantageous State Grants and/or Revolving Loan Funds, and WHEREAS, on March 12, 1991, the CITY and FDER entered into Consent Order OGC91-0302 calling for a timetable in implementing these and other improvements, and in order to fulfill the requirements of P.L. 92-500 and/or Chapter 17-50 of the Florida Administrative Code and to meet the provisions of the Consent Order, the CITY hereby retains the ENGINEER to provide services during bidding, general administration of construction, resident project representation during construction, Plan of Operation, Operation and Maintenance Manual Update, and Start-Up phase services following construction of CONTRACT I - RECLAIMED TRANSMISSION MAIN TO SITE 10; CONTRACT II - CLEARING, GRADING, PONDS and STORMWATERMANAGEMENT SYSTEM AT SITE 10; and CONTRACT III - MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10, and NOW THEREFORE, the CITY and the ENGINEER for the considerations named hereinafter agree as follows: SECTION I SCOPE OF ENGINEER's WORK Except as may otherwise be specifically limited in this Agreement, the services to be rendered by the ENGINEER shall include all services required to complete the task to the extent of the scope of work as defined and set out in this Agreement and Exhibit A attached hereto (Plan of Study) and made a part of this Amendment. The hours of work for each pay classification shown on the Plan of Study are based on Contractors' assumed schedule for prosecuting the work including the number of crews working at any given time. This Contract is based on the Contractors completing CONTRACT II within 270 calendar 2 days CONTRACT I within 270 calendar days and CONTRACT III within 360 calendar days from Notice to Proceed. This forms the basis for the maximum fee shown. CONTRACT II will be bid first and construction initiated in order to prepare the site and CONTRACT I and CONTRACT III will be advertised and bid concurrently shortly thereafter. If the Contractors prosecute the work in such manner as to require additional time and cost (i.e. more resident project representation furnished by the ENGINEER or for a longer time), the ENGINEER is obligated to bring this situation to the CITY's attention and negotiate a change in the maximum fee shown. Construction Quality Control Testing is not included in the maximum fee shown herein, but if the CITY determines it wants the ENGINEER to provide it, the ENGINEER will do so under the provisions of ~ection II, Additional Services. The specific services shown to be provided for the three construction Contracts are shown below. 1.1 Pre-Bid and Biddin~ Phase: The CITY will provide the ENGINEER with a written authorization to proceed for each Contract. After written authorization to proceed with the bidding phase, the ENGINEER will provide the following services for each of the three (3) construction Contracts contemplated at this time. 1.1.1 Prepare advertisements for bids for placement in appropriate publications by CITY for three construction Contracts. CONTRACT II is to be advertised and bids received first, and CONTRACT I and CONTRACT III are to be advertised and bid at t~e same time at a slightly later date. To generate contractor interest in the project work and in an effort to enhance competition, ENGINEER will send copies of the Advertisements to potential bidders to notify them of the bid lettings. 1.1.2 Distribute and keep records of the distribution of Documents to bidders and suppliers for three Contracts. 1.1.3 Issue addenda to the Documents as required for three Contracts. 1.1.4 Answer questions of bidders and suppliers. No interpretations of the Documents shall be made other than through issuance of Addenda to the Documents. 1.1.5 Attend the bid openings. CONTRACT II first then CONTRACT I and CONTRACT III, to be held on the same day, approximately one half hour apart. 3 1.1.6 Summarize, tabulate, and evaluate the bids, investigate bidders' qualifications, and assist the CITY in their selection of the construction contractors. 1.1.7 Assist in the preparation of necessary documentation for evaluation of Contractors' bidding information and other data required for submission to the Florida Department of Environmental Regulation to allow award of the three Contracts and issuance of Notice to Proceed on each Contract. 1.1.8 Consult with the CITY and advise them as to the acceptability of subcontractors and other persons and organizations proposed by the general Contractors for those portions of the work for which subcontractor approval is required by the Documents. 1.1.9 Prepare for City Attorney review, draft documents consisting of Contracts, bonds, insurance certificates, construction schedules and other portions of the Contracts in order to assist the CITY in their determination as to whether to issue a Notice to Proceed to the Contractors on the three Contracts. 1.2 Administration of Construction Phase: The Construction Phase will commence with the award of the construction Contracts and will terminate upon written approval of final payment by the ENGINEER on each Contract. During the Construction Phase, the ENGINEER will: 1 1.2.1 Advise and consult with the CITY and act as his representative as provided in the General Conditions of the Construction Contracts. The extent and limitations of the duties, responsibilities and authority of the ENGINEER as defined in said General Conditions shall not be modified without the ENGINEER'S written consent. 1.2.2 Conduct a preconstruction conference for OONTRACT II and seprate, sequential, preconstruction conferences for CONTRACTS I and CONTRACT III. 1.2.3 Make periodic visits to the site to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding on time and in accordance with the Contract Documents and submit monthly reports of same to the CITY. ENGINEER will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work 4 under this item (See 1.3); he will not be responsible for the construction means, methods, techniques, sequences, or procedures for the safety precautions incidental thereto; his efforts will be directed toward providing additional assurance for the CITY that the completed Projects will substantially conform to the requirements of the Contract Documents, but he will not be responsible for the Contractors' failure to perform the construction work in accordance with Contract Documents; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional, he will keep the CITY informed on the progress of the work, will endeavor to guard the CITY against defects and deficiencies in the work of the Contractors, and may disapprove or reject work as failing to conform to the Contract Documents. 1.2.4 ENGINEER to provide preconstruction video taping of job site conditions at Site 10, if determined advisable or necessary. Preconstruotion video taping along the route of the reclaimed transmission main to Site 10 to be provided by the CITY. 1.2.5 Check and approve shop drawings, brochures, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections and other data which the Contractors are required to submit, but only for conformance with the design concept of the projects and compliance with the information given in the Contract Documents; assemble maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection required by the Contract Documents. 1.2.6 Issue all instructions of the CITY to the Contractors; prepare routine Change Orders as required; he may, as the CITY's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed); he will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the CITY and the Contractors and will make decisions on all claims of the CITY and the Contractors relating to the execution and progress of the work and all other matters and questions related thereto; but the ENGINEER shall not be liable for the results of any such interpretations or decisions rendered by him in good faith. 5 1.2.7 Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractors' applications for payment, supporting data, and information received from the CITY, determine the amount owing to the Contractors and approve in writing payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the CITY, that is an expression of the ENGINEER'S opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval), but by approving an application for payment, the ENGINEER shall not be deemed to have represented that he has made any examination to determine how and for what purposes the Contractors have used the monies paid on account of the Contract Price, or that title to any of the Contractors' work, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests or encumbrances. Such representations shall at no time be considered as a legal obligation of the ENGINEER. 1.2.8 Provide periodic review of the Contractors' Certified payroll records; periodically interview contractors' employees and verify wages, etc.; verify posting of applicable Wage Rate schedules; and in general assist in administering Wage and Hour Law provisions as required by FDER under provisions of Davis-Bacon and other applicable requirements. 1.2.9 Conduct an inspection of each Contract to determine if the projects are substantially complete with punchlists of items to be corrected (if applicable) and final inspections to determine if the projects have been completed substantially in accordance with the Contract Documents and the Contractors have substantially fulfilled their obligations thereunder so that the ENGINEER may approve, in writing, final payment to the Contractors. 1.2.10 The ENGINEER shall not be responsible for the acts or omissions of the Contractors, any subcontractor, or any of the Contractors' subcontractors, agents, or employees or any other persons performing any of the work under the construction contracts, or of others. 6 1.3 Resident Pro~ect Services: 1.3.1 The duties and responsibilities and the limitations on the authority of the Resident Project Representatives shall be as set forth in paragraph 1.3.3 of this Agreement and duties, responsibilities, and limitations of authority of the Resident Project Representative as included in the Contract Documents for the Construction Contracts and attached hereto as Exhibit B. The provisions of Exhibit B are as much a part of this Agreement as if totally repeated herein. 1.3.2 The ENGINEER shall provide Resident Project Representation during construction of CONTRACT I - RECLAIMED TRANSMISSION MAIN TO SITE 10; CONTRACT II - CLEARINGt GRADING, PONDS and STORMWATER MANAGEMENT SYSTEM AT SITE 10; and CONTRACT III- MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10. This Resident PrOject Representation ("RPR") service includes provision of observation of work for compliance with Plans and Specifications on more or less a continuing basis (but not full time nor at all work sites while Contractors are working) as construction proceeds; notification of the Contractors of non-compliance; observation of materials at their source or on the job site; and provide a record of the Contractors'activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the ENGINEER is not responsible for the performance of the construction Contracts by the Contractors. One or more part- or full-time Resident Project Representatives will be provided for CONTRACT I - RECLAIMED TRANSMISSION MAIN TO SITE 10; CONTRACT II - CLEARING, GRADING, PONDS~and STORMWATER MANAGEMENT SYSTEM AT SITE 10; and CONTRACT III- MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10, in order to provide more extensive representation at the Project sites during the construction phase. If it is determined due to construction progress or other related matters that additional time and cost or other changes than contemplated in the Plan of Study are required to complete the project construction services work, the ENGINEER is obligated to bring this situation to the CITY's attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee for Resident Project and related services. 1.3.3 Through the additional on-site observations of the work in progress and field checks of material and equipment by the Resident Project Representatives, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work, but the 7 furnishing of such Resident Project Representation shall not make the ENGINEER responsible to find or note all discrepancies in the work nor for the Contractors' failure to perform the construction work in accordance with the Contract Documents. These additional on-site observations and other services of the Resident Project Representatives and City Inspector are supplementary to the periodic visits and other services provided under 1.2 Administration of Construction Phase. 1.3.4 Furnishing the CITY a set of reproducible record drawings for each construction Contract showing those changes made during the construction process, based on the marked up prints, drawings and other data furnished by the Contractors to the ENGINEER and which the ENGINEER considers significant. 1.3.5 Preparing routine Change Orders requested by the CITY. 1.3.6 Furnishing 5 additional copies of reports and additional prints of drawings and specifications required by the Contractors to perform their work. 1.4 Plan of Operation and Operation & Maintenance Manual Under this phase of the work, the ENGINEER will prepare an Operation and Maintenance Manual and a Final Plan of Operation for CONTRACT I - RECLAIMED TRANSMISSIONMAIN TO SITE 10; CONTRACT II - CLEARING, GRADING, PONDS and STORMWATERMANAGEMENT SYSTEM AT SITE 10; and CONTRACT III -MASTER PUMP STATIONAND GROVE IRRIGATION SYSTEM AT SITE 10 in accordance with applicable regulations of the Florida Department of Environmental Regulation, and in accordance with good ]engineering practice. Other sections of the O&M Manual have been previously, or will be covered by other Amendments. The work shown in the attached Plan of Study is for that part of the overall O&M Manual and Plan of Operation which is covered by this Amendment. Applicable sections of the existing O&M Manual and Plan of Operation will be modified or supplemented to cover CONTRACT I - RECLAIMED TRANSMISSION MAIN TO SITE 10; CONTRACT II CLEARING, GRADING, PONDS and STORMWATERMANAGEMENT SYSTEM AT SITE 10; and CONTRACT III- MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10. The schedule for completion and submission of the Operation and Maintenance Manual and the Plan of Operation will be in accordance with applicable FDER regulations and/or loan conditions. 8 1.5 Assistance in Obtaininq Citrus Leasee Under this provision, the ENGINEER will assist the CITY in outlining services and responsibilities of potential lessee; help the CITY search for potential interested lessees; help the CITY draw up an advertisement for proposals; and review proposals received. The ENGINEER will also assist the CITY in negotiating with proposers; and assist in the drafting of an Agreement and in negotiating terms. 1.6 Start-Up Services The start-up phase services will commence with the issuance of the "Substantial Completion Certificates" to the general contractors and will terminate one (1) year thereafter. During the start-up phases, the ENGINEER will provide: 1.6.1 Operational assistance..i.e., Operational assistance for adjustment and "fine tuning" of the new facilities to optimize performance, safety and reliability under actual operating conditions to include the detailing of operational procedures for consistent, reliable, and efficient performance from each facility at all times. 1.6.2 Pre and post start-up personnel training..i.e., preparation of curricular and training materials and on- site training given operation and maintenance personnel on the operation and control of the specific use of the facilities as well as specialized training required for the operation and maintenance of the Site 10 facilities. 1.6.3 Laboratory procedures.l.i.e., on-site training and instruction to assure that the sampling and laboratory testing program needed for satisfactory control and regulatory monitoring and reporting are fully understood. 1.6.4 Maintenance management system..i.e., start-up services to assure effective implementation of the maintenance management system outlined in the facility's O&M Manual. Included is training of the operation and maintenance staff in the details of the maintenance program. 1.6.5 Records management systems..i.e., services to provide the training needed to implement or modify records management systems as outlined in the O&M Manual. 1.6.6 Revise O&M Manual..., based upon actual operating experience obtained during the start-up period. 9 1.7 Proiect Performance Certification Under this phase of the work the ENGINEER will certify in writing to the CITY and FDER, one year after project completion, that based upon the data available, the projects meet the performance and operational requirements applicable to the three projects and the requirements and specifications to which the projects were planned, designed and built to meet or if they are not meeting performance criteria what actions are proposed to obtain compliance. 1.8 Construction Oualitv Control Testinq Under this phase of the work the ENGINEER will coordinate his own activities with those of the Construction Quality control Testing Consultant and give general coordination and direction to the work of this consultant who may be separately employed by the CITY. The ENGINEER will attempt to coordinate the activities of the separate consultant with the Contractors' work schedule, call for tests, review and act on the results of this special consultant's work product. If the CITY chooses to have the ENGINEER employ the Construction Quality Control Testing work as a subconsultant to his own services, that will be accomplished as an Additional Service under Section II of this Agreement. SECTION II ADDITIONAL SERVICES OF THE ENGINEER 2.1 General If authorized in writing by the CITY, the ENGINEER will furnish or obtain from others additional services of the following types which will be paid for by the CITY as indicated in Section III. 2.1.1 Additional services due to significant changes in general scope of the Project or its design including, but not limited to, changes in size, complexity, or character of construction. The basic scope of this Agreement includes three construction Contracts. Changes in the number of contracts to be administered is a change in scope. 2.1.2 Revising previously approved studies, reports, design documents, drawings or specifications. 10 2.1.3 Preparing documents for alternate bids required by the CITY for work which is not executed or not contemplated in the Scope of Work described herein. 2.1.4 Investigations involving detailed consideration of operations, maintenance and overhead expenses; and the preparation of rate schedules, earnings, and expense statement, feasibility studies, appraisals and valuations; detailed quantity surveys of material and labor; and material audits or inventories required for certification of force account construction performed by the CITY. 2.1.5 Making an inspection of the Project prior to expiration of the guarantee period and reporting observed discrepancies under guarantees provided by the construction Contract. . 2.1.6 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or neglected work of the Contractor, (3) prolongation of the construction Contract time beyond the construction time specified in the construction Contracts, (4) acceleration of the work schedule involving services beyond normal working hours or changes in the Contractor's scheduling of the work including the number of crews working at any given time or other change in construction work prosecution that causes the hours of work for the various pay classifications of the.ENGINEER to increase beyond those shown in the Plan of Study, (5) default under the construction contracts due to non performance, delinquency or insolvency. 2.1.6 Additional services resulting from manufacturers, public, or Contractor protests, administrative hearings, or similar matters. 2.1.7 Additional services in connection with the project including services to be furnished by the CITY and services not otherwise provided for in this Agreement, including those services of Section VII. 2.1.8 Preparing to serve and serving as an expert witness for the CITY in any litigation or other proceeding involving the Project. ll 2.1.9 Additional engineering services required by revisions subsequent to the date of this Agreement to the applicable regulations, or new regulations (after date of this Agreement) of the Environmental Protection Agency or Florida Department of Environmental Regulation or other regulatory agency requirements not previously specified. 2.1.10 Additional engineering services required because the project does not meet it's performance criteria. 2.1.11 Costs in connection with the leasing of a 4-wheel drive vehicle beyond those included in the Plan of Study which were estimated based upon a six-month leasing period. 2.1.12 Legal or boundary surveys and legal descriptions, sketches and rights-of-way maps needed by the CITY for the acquisition of land, easements, or rights-of-way or needed for establishment of existing land boundaries, easements, or rights-of-way for construction or other purposes. 2.1.13 Construction Quality Control Testing. If separately authorized by the CITY, the ENGINEER will provide Construction Quality Control Testing through a subconsultant who will be employed by the ENGINEER. The detailed scope of services needed will be determined at the time and negotiated and authorized. The Construction Quality control Testing Subconsultant to be utilized shall be a fully qualified firm, subject to approval of the CITY. SECTION III METHOD OF PAYMENT TO THE ENGINEER 3.1 Compensation 3.1.1 Principals and Employees of the ENGINEER. Compensation paid ENGINEER for services described in Section I and rendered by principals and employees assigned to the project will be computed by multiplying Direct Personnel Expense times a factor of 1.95, plus all reimbursable expenses, for a maximum fee of $493,500.00, for the scope of basic services described in Section I, and as shown in more detail on the Plan of Study attached hereto. Direct personnel expense 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, workers compensation, health and retirement benefits, sick leave, vacation, and holiday pay applicable thereto. 12 3.1.2 Reimbursable Expenses. 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, employees, and consultants when traveling in connection with the project, subconsultants' fees, toll telephone calls, telegrams, postage, reprographics, and similar project-related items. 3.1.2.1 The rate of reimbursement for out-of-pocket expenses such as prints and long distance telephone calls will be paid for at actual cost thereof, without increase. 3.1.2.2 Payment for services rendered in connection with the Additional Services of Section II will be individually negotiated for each item requested, and will be subsequently designated in the. authorization to proceed or the appropriate amendment to this engineering agreement. 3.1.2.3 Monies collected from plan holders in the form of "non- refundable bid deposits" for Contract Document purchase, will be credited to the CITY on a subsequent, monthly engineering invoice. 3.1.2.4 The CITY will make prompt monthly payments in response to ENGINEER's monthly statements for all categories of services rendered under this Agreement and for reimbursable expenses incurred. SECTION IV PERSONNEL ANDIFACILITIES 4.1.1 The ENGINEER represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract, except as provided elsewhere herein. All personnel engaged in the work shall be fully qualified. SECTION V GENERAL CONDITIONS 5.1 Opinions of Cost 5.1.1 Since the EMGI~EER has no control over the cost of labor, materials, or equipment, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable construction 13 cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the Project construction cost will not vary from the opinions of probable cost prepared by him. 5.2 successors and Assigns 5.2.1 The CITY and the ENGINEER each binds himself and his partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the CITY nor the ENGINEER shall assign.,.-sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent 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 CITY and the ENGINEER. 5.3 Prosecution of the Work 5.3.1 The ENGINEER shall commence work on the Bidding Phase of the Project immediately upon receipt of the written notice to proceed. The Construction Phase shall end at the end of the construction period specified in the Documents. This Agreement is based on a construction period of 270 calendar days from Notice to Proceed on CONTRACT II. It is also based on CONTRACT I and CONTRACT III being concurrently ~dvertised on or about June 16, 1991, and being awarded and completed within 270 calendar days and 360 calendar days respectively, from Notice to Proceed. Should the construction extend beyond this time, additional engineering fees (if required) will be negotiated in accordance with Section 3.1.2.2 of this Agreement. The period of performance of ENGINEER'S contract shall remain in force and from the date of execution of Amendment No. 33 until a one-year period has elapsed from the date of completion of the construction associated with CONTRACTS I, II and III, but no later than October 1, 1993. 14 SECTION VI INSURANCE 6.1.1 The ENGINEER shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this Agreement. The ENGINEER also agrees to carry Professional Liability Insurance in an amount mutually acceptable in writing to both parties, but not more than $1,000,000 and to provide a certificate regarding the same to the CITY. The ENGINEER shall also require all of his professional consultants to carry Professional Liability Insurance in an amount no less than $250,000 unless otherwise approved by the CITY in writing. ...~ SECTION VII CITY'S RESPONSIBILITIES 7.1.1 Provide access to and to make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Agreement. 7.1.2 Pay for all application, review, permit, right-of-way use, and other similar fees. 7.1.3 Advertise for proposals from bidders, open the proposals at the appointed time and place, and pay for all costs incident thereto. 7.1.4 Provide such legal, accounting and insurance counseling services as may be required for the Project, and such auditing services as the CITY may require to ascertain how or for what purpose the contractor has used the monies paid to him under the construction Contracts. 7.1.5 Designate in writing a person to act as CITY'S representative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this Agreement. 7.1.6 Provide all land easements and rights-of-way, leases and other Agreements, needed for construction of the project in a timely manner. 15 7.1.7 Provide a detailed, narrated video along the route of the reclaimed transmission main to Site 10 in order to establish and record preconstruction site conditions. In addition, aerial overflight photography and prints at 1" = 400' scale will be taken to verify that the status of clearing and work at date certain in connection with the clearing and eagle management plan contract provisions of the construction project. 7.1.8 Give prompt written notice to the E~GINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. 7.1.9 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 ofthe Project. 7.1.10 Examine all studies, reports, sketches, addenda, change orders, estimates, specifications, drawings, proposals and other documents presented by the ENGIMEER and shall render decisions pertaining thereto within a reasonable time so as not to delay the work of the EMGINEER or the Contractor. 7.1.11 Furnish, or direct the ENGINEER in writing to provide, at the CITY's expense, necessary additional services as stipulated in Section II of this Agreement, or other services as required. 16 SECTION VIII IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year hereinabove set forth. CITY: CITY OF SANFORD, FLORIDA ikTTEST ~ By authority of the City Commission of the City of Sanford, Florida granted for the CITY on the date of: ?' ~- ~# ENGINEER: CONKLIN, PORTER & HOLMES - ENGINEERS, INC. ~~"'b By: ATTEST ~ ~ ~~ & SEAL ' ate= AMEND 34 S0602.34 17 Exhibit A PLAN OF STUDY 18 ~ 0 GO0 000 000 O0 · 0 000 000 000 O0 ~ 0000 0 0 0 0 · 0000 0 0 0 0 · 0000 0 O0 0 ~ 0 O0 0 0 0 0 O0 · 0 O0 0 0 0 0 O0 0 I/I O0 0 0 0 ~1 O0 0 0 0 CONSTRUCTION SCHEDULE CONTRACT I Bid Award NTP Commence CONTRACT II ~ Bid Award NTP Commence CONTRACT III Bid Award NTP Commence Apt May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Juu Jul Aug Sep Oct ~ '92 32 EXHIBIT B A Listing of the Duties, Responsibilities and Limitations Of Authority Of the Resident Project Representative 33 11. COMPLETION: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list Of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations Of Authority Resident Project Representative: 1 Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawings=or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 37