205-CPH-Amendment 33CITY OF SANFORD LETTER OF TP-/~NSMITTAL
P.O. BOX 1788
SANFORD, FLORIDA 32772-1788
DATE JOB
(407) 330-5601
F~ 330-5666 ATTENTION ~
RE: d~/~ ~ ~ ~ [~
ARE SENDING YOU ~3~ttacbed [] Under separate sever via the following items:
a~E Tm~ua=~u as checked helm:
[] For approva/ [] Appmv~ ~ ~tt~ 0 For yo~ u~
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REMARKS:
SIGNED:
M.EMORANDUM
December 21, 1993
To: City Manager ~
From: Utility Director~
Re: Amendment No. 33 - CP&H
Water Reclamation Facility Expansion and
Seasonal Discharge Transmission Facilities
Bill -
Attached is a letter from Paul Porter, CP&H, requesting an
increase of $63,015.64 to Amendment Number 33 of their'
engineering contract. Outlined in the letter are various reasons
and justifications for the fee increase. The additional services
provided were required to complete these large construction
projects and are reasonable.
It is recommended that Amendment Number 33 be increased by
$63,015.64 for a maximum amount of $402,991.71.
PM/dh
Attachment
, e
ITEM /~1~ ·
RECLqVI9 on n er an RS, O rues
C....,.j~ SANFORD, FLORIDA 32772-280~
DCL; ~ 0 Tt'j~J3 TEL407-322-6841 TEL407-831-5717
December 10, 1993 F~#~-33o-o639
Mr. William A. Simmons, P.E. ClT.¥ OF $ANF~
City Manager
City of Sanford
P O Box 1788
Sanford, F1 32772-1788
Re: Water Reclamation Facility Expansion
Status of Contract Billlng
DEP/SRF Project No. CS120586170
CPH Job No. S0602.70
Dear Bill:
Enclosed is our invoice for the referenced project indicating costs iS the job through 11/29/93.
You will note that we have billed only to the Contract maximum.
As ~ndicated in our letter of November 2, 1993, substantial additional services have been
provided on this project. Also contributing to the cost overrun is the fact that the construction
contract has extended well beyond the dates originally contemplated.
We have provided below, our estimate of manhours and expense required to complete the project
(through start-up and one year project performance).
Resident Project Representative Services 26.00 52.00 156.00 26.00
13 weeks x 12/hrs week
Record Drawings 12.00 40.00 213.00 24.00 1,800.00
Substantial &Final Completion 8.00 23.00 30.00 14.00 1,070.00
Start-Up and Performance Certification 35.00 160.00 82.00 16.00 43.00 2,000.00
O&M 8.00 70.00 30.00 40.00 20.00 2,350.00
TO'FAL 77.00 317.{X) 338.00 269.00 127.00 $7,220.00
[:.~e Ca],:tfialton:
Payroll Coht 28,613.15
x 1.95 55,795.64
Exp~'ns,:~: and Sul~constfitant 7,220.00
Total .,\~!ltu~hn~..:~t Requ.:sled $63,015.64 ~
Mr. William A. Simmons, P.E. F~x#~-~o~9
Page 2
December 10, 1993
As you know, we have not been providing full-time RPR services and every effort has been
made to keep hours on the project to a minimum while still providing a quality job for the City.
We have not made a request for a fee adjustment prior to this and feel that the proj.ect could
probably have been completed within the originally budgeted fee had the scope of work not
changed so dramatically (additional work items added). Copies of previous letters discussing
extra services and related matters are attached for your consideration.
If you have questions or comments or which to discuss the contents of this letter and our request
for fee adjustment, please advise. In the event the request meets with City approval, please so
indicate by signing and returning a copy of this letter for our files.
Thank yot~.
Sincerely,
CONKLIN PORTER AND HOLMES-ENGINEERS, INC.
Pan1 E. Porter, P.E.
President
PEP/jms
Enclosures
1210LTR3.jms .
PEP/jms
APPROVED:
William A. Simmonnnn~,P.E.
City Manager
Date:
Conkr''~ Porter and Holmes
GO~ POST OFFICE BOX 2808
SANFORD, FLORIDA 32772-2008
TEL 407,~22-5~41 TEL
~ovembe~ 2, 1993
Mr. William A. Simmons, P.E.
City Manager
City of Sanford
P O Box 1788
Sanford, Florida 32772-1778
Re: Amendment 33 - Services During Construction
Seasonal Discharge Transmission Facilities and Water Reclamation Facility Expansion
CPH Job No. S0602.67 and S0602.70
Dear Mr. Simmons:
While provisions of Amendment 33 do not specifically require that the Engineer notify the City
if the fee for its services will be exceeded, we are nonetheless notifying the City that in all
probability, this will be the case.
Enclosed for the City's information are copies of two previous letters identifying extra or
additional services that had been provided which were outside of the original scope of services.
Items identified at that time and work items that have since been provided include:
Water Reclamation Facility Expansion:
Re-bidding of the Water Reclamation Facility Expansion project
Evaluation of high BOD<s~ - including a substantial time extension of the construction
contract
. - Redesign of the aemtion &luipment
Continued Operational Evaluation at the Plant
Pond cleaning as described in Change Order No. 5 to include specification preparation,
coordination with FDEP and construction administration
Assisting the City in preparing a Change Order for the installation of Owner-furnished
lab equipment '
Additional work associated with inspection, Change Order preparation and construction
administration for the rehabilitation of the existing aeration tank
Revised piping configuration and flow meter location as requested by the City at the
Mayfair Golf Course
Extended construction period from beyond original completion date (June 1, 1993)
ConiC, P~rter and Holmes
POST OFFICE BOX 2808
.,~,NFORD, FLORIDA 32772-2808
TEL 407.822-~841 TEL 407.831.5717
Page 2
November 2, 1993
Seasonal Discharge Transmission Facilities:
Substantial extension of the construction period
Postponement of final operational testing resulting from delays in performing EPA's
required effluent compliance testing
Additional services required (subconsultant included) as a result of having to comply with
Identification of vegetation
Additional work in connection with butterfly valve problems
Total engineering costs through October 22, 1993 (as reflected on the enclosed invoice) amount
to $331,638.02, which is approximately $8,300 shy of our total authorized fee. As we would
have likely finished the job within the originally authorized fee had it not been for the extra or
additional services itemized above, we will be requesting a fee increase. We are currently
reviewing our estimate of costs associated with the extra or additional services as well as our
estimate of engineering costs to complete the project and will be making a specific request in
the next few weeks.
If you have comments or questions or wish to discuss the matter further, please advise.
Sincerely,
CONKLIN PORTER AND HOLMES-ENGINEERS, INC.
Paul E. Porter, P.E.
President
PEP/jms
Enclosures
1102LTP,2.jms
~'~ ConF4~a~ Porter and Holmes
T C
November 24, 1992 ~N~ORD. FLORIDA3~.28~
Mr. William A. Simmons, P.E.
City Manager
City of Sanford
P O Box 1778
Sanford, Florida 32772-1778
Re: Water Reclamation Facility Expansion - Amendment 33
Seasonal Discharge Transmission Facilities
FDER/SRF Project CSt20586170
CPH Job No. S0602.67 and S0602.70
Dear Mr. Simmons:
The purpose of this letter is to bring to the City's attention, extenuating circumstances affecting
both of the referenced projects.
Water Reclamation Facility Expansion -
In February of 1992, we wrote the City (copy of letter attached), in connection with
additional engineering costs incurred as a result of rebidding the Water Reclamation
Faci~ty Expinsion project.
Since our original letter, other additional work has been (and is continuing to be)
performed. This additional work includes time and costs associated'with the evaluation
of the high BOD{5), redosign of the aeration equipment and continued operational
eval~tion at the plant. -Included in the BOD{s> work is a change order authorizing a
substantial time extension of 120 days, which will have an impact on the resident project
representative inspection and administrative services.
While we are within our fee estimate on this portion of the project work at this time, we
wanted to conJ:inue to keep the City ~-ppfised of the job/budget status of the project. It
wilt be very difficult to complete the project, including the additional 120 day extension,
within the original estimated fee. We have completed an analysis of the budget and work
remaining to be completed and are attaching that for your review and information.
"' -'* ~'~1 ConkJz,~ Porter and Holmes
ENGINEERS~ INC.
Seasonal Dischar..qoe Transmission Facilities -
This Contract was to have been complete in June of 1992. While we are very close to
finaling out the project, some final close-out items still remain to be completed by the
contractor including completion of minor deficiency list items. We have been unable to
complete final operational testing because the City is not yet ready to perform EPA's
required effluent compliance testing. Paul Moore has requested that the EPA sampling
and testing requirements be changed to match those of FDER.
Through October 30, 1992, we have exceeded our estimated fee for this project work by
$5,016.83.
We are continually monitoring the progress of both projects together with the associated
additional services. We are not requesting a fee adjustment at this time, but attempting to keep
the City informed of the job circumstances. It is likely that a fee increase will be needed before
the job is complete.
If you have comments or questions, please advise.
Sincerely,
CONKiLN' PORTER AND HOLMES-ENGIINrEERS, INC.
Paul E. Porter, P.E.
President
PEP/is
0928LTR2.jms
Enclosures
AMENDMENT NO. 33
TO
AGREEMENT FOR
CONSULTING ENGINEERING SERVICES
DURING CONSTRUCTION OF
WATER RECLAMATION FACILITY EXPANSION'
SEASONAL DISCHARGE TRANSMISSION FACILITIES
BETWEEN
THE CITY OF SANFOE, FLORIDA
AND
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
This Amendment No. 33 dated this /d~ day of
, 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". On the Water
Reclamation Facility Expansion Contract and the modifications to the
D~chlotination Facilities and Post Aeration Structure components of the
Seasonal Discharge Transmission Facilities Contract, it is anticipated
that the ENGINEER will provide a complete service including
Administration of Construction and Resident Project Representation with
his own personnel. On the pipeline portion of the Seasonal Discharge
Transmission Contract, it is anticipated that the CITY will provide an
inspector from their own personnel. CITY inspector(s) on the pipeline
portion of the Seasonal Discharge Facility Contract will work under the
general direction of the ENGINEER and his Resident Project
Representative. In case of any conflict between this Amendment No. 33
and the original Agreement of December 7, 1983, this Amendment shall
govern for the work described herein.
whEREAS, the CITY and the ENGINEER have previously completed
preliminary engineering and planning and final engineering design for
Water Reclamation Faoility Expansion and Seasonal Discharge Transmission
Facilities, and
WHEREAS, the approved 201 Plan (latest amendment) calls for
expansion of the CITY's Water Reclamation Facility to 7.3 MGD at this
time, 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
W~EREAS, the projects are anticipated as being financed
utilizing advantageous State 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, partial resident project representation during
construction, Plan of Operation, Operation and Maintenance Manual
Update, and Start-Upphase services following construction of the Water
Reclamation Facility EXpansion and Seasonal Discharge Transmission
Facilities Contracts, 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
the Contractors completing the Water Reclamation Facilities
EXpansion Contract in 360 days and the Seasonal Discharge
Transmission Facilities Contract within 180 days from Notice
to Proceed. This Agreement is also based on there being no
more than 60 days elapsed after issuance of Notices to
Proceed on the Seasonal Discharge Transmission Facilities
Contract before issuance of Notice to Proceed on the Water
Reclamation Facilities EXpansion Contract. See the
Construction Schedule attached as Exhibit "B". This forms
the basis for the maximum fee shown. If the Contractors
prosecute the work in such manner as to require additional
time and cost (i.e. more administration of construction
and/or resident project representation furnished by the
ENGINEER or for a longer time), or the CITY furnishes fewer
inspectors or for a shorter time than assumed, the ENGINEER
is obligated to bring this situation to the CITY's attention
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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 Section II, Additional Services.
The specific services shown to be provided for the two
construction Contracts are shown below.
1.1 Pre-Bid and Bidding 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
two (2) Construction Contracts contemplated at this time,
which are Water Reclamation Facilit~ Expansion, and Seasonal
Discharge Transmission Facilities.
1.1.1 Prepare advertisements for bids for placement in appropriate
publications by CITY for both construction contracts. 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 letrings.
1.1.2 Distribute and keep records of the distribution of Documents
to bidders and suppliers for both Contracts.
1.1.3 Issue addenda to the Documents as required for both
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 for the two Contracts.
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 two 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
-3-
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 both
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:
1.2.1 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 preconstruction conferences to be held for both
Contracts.
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 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 in order to establish and record pre construction
site conditions at the Treatment Plant and Dechlorination
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Facilities and Post Aeration Structure components of the
Seasonal Discharge Transmission Facility Contract, if
determined advisable or necessary.
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.
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
-5-
obligation of the ENGINEER.
1.2.8 Provide periodic review of the Contractorst Certified
payroll records; periodically interview contractorst
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.
1.3 Resident Project Services:
1.3.1 The duties and responsibilities and the limitations on the
authority of the Resident Project Representative 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 C. The provisions of Exhibit C 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 the Water Reclamation Facility
Expansion and on the dechlorination facilities and post
aeration structure components of the Seasonal Discharge
Facilities contract. 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 by the ENGINEER for
the Water Reclamation Facility Expansion Contract and on the
dechlorination facilities and post aeration structure
components of the Seasonal Discharge Facilities Contract, in
order to provide more extensive representation at the
Project sites during the construction phase. The CITY will
furnish one qualified CITY employee to work under the
ENGINEER'S direction as an inspector on the pipeline portion
of the Seasonal Discharge Facilities Contract. 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 Representative, and through the inspections
of the CITY inspector on the pipeline portion of the
Seasonal Discharge Facilities, the ENGINEER will endeavor to
provide further protection for the CITY against defects and
deficiencies in the work, but the 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 Representative 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.
-7-
1.4 Plan of Operation and Operation & Maintenance Manual
Under this phase of the work, the ENGINEER will:
1.4.1 Prepare an Operation and Maintenance Manual and a Final Plan
of Operation for the Water Reclamation Facility Expansion
Contract and the Seasonal Discharge Transmission Facilities
Contract in accordance with applicable regulations of the
Florida Department of Environmental Regulation, and in
accordance with good engineering practice. 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 coveredby
this Amendment. Other sections of the O&M Manual have been
previously or will be covered by other Amendments.
Applicable sections of the existing O&M Manual and Plan of
Operation will be modified or supplemented to cover the
Water Reclamation Facility Expansion and new sections will
be prepared for the Seasonal Discharge Facilities project.
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 loan
conditions.
1.5 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:
1.5.1 Operational assistance..i.e., Operational assistance for
adjustment and "fine tuning" of the new Water Reclamation
Facility and related equipment functions of the Seasonal
Discharge 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 process
component or facility at all times.
1.5.2 Pre and post start-up personnel training..i.e., preparation
of curricular and training materials and on-site training
given plant operation and maintenance personnel on the
operation and control of the specific treatment processes of
the facilities as well as specialized training required for
the operation and maintenance of the Water Reclamation
Facility and Seasonal Discharge Facilities.
1.5.3 Laboratory procedures..i.e., on-site training and
instruction to assure that the sampling and laboratory
testing program needed for satisfactory process control and
regulatory monitoring and reporting are fully understood.
-8-
1.5.4 Maintenance management system..i.e., start-up services to
assure effective implementation of the maintenance
management system outlined in the facility's 0&M Manual.
Included is training of the operation and maintenance staff
in the details of the maintenance program.
1.5.5 Records management systems..i.e., services to provide the
training needed to implement or modify records management
systems as outlined in the 0&M Manual.
1.5.6 Revise O&M Manual..., based upon actual operating experience
obtained during the start-up period.
1.6 Pro~ect 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 two 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.
1.7 Construction Oualitv Control Testin~
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 employedby 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.
-9-
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
two 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.
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 or this Agreement, (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) or the CITY furnishes fewer inspectors or for
a shorter time than assumed, and (6) 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.
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2.1.8 Preparing to serve and serving as an expert witness for the
CITY in any litigation or other proceeding involving the
Project.
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 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.
2.1.12 Construction Quality Control Testing. If separately
authorized by the CITY, the ENGINEER will provide
Construction Quality Control Testing through a subconsultant
who will be employedby 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 $339,976.07 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.
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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 AND FACILITIES
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 ENGINEER 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 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 within seven (7) calendar days after 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 360 days from Notice to Proceed through completion on the
Water Reclamation Facility Contract and 180 days on the
Seasonal Discharge Transmission Facilities Contract. This
Agreement is also based on there being no more than 60 days
elapse after issuance of Notice to Proceed on the Seasonal
Discharge Transmission Facilities Contract before issuance
of Notice to Proceed on the Water Reclamation Facilities
Expansion Contract. 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 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 the Water
Reclamation Facility Expansion Contract and the Seasonal
Discharge Transmission Facilities Contract, but not later
than October 1, 1993.
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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 Provide lands, rights-of-way and easements needed and 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.
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7.1.7 Provide a detailed, narrated video of job site conditions
along the route of the Seasonal Discharge Facility pipeline
in order to establish and record pre construction site
conditions.
7.1.8 Give prompt written notice to the ENGINEER 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 of the Project.
7.1.10 Examine all studies, reports, sketches, addenda, change
orders, estimates, specifications, drawings, proposals and
other documents presented by the ENGINEER and shall render
decisions pertaining thereto within a reasonable time so as
not to delay the work of the ENGINEER 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.
7.1.12 Provide Inspector(s) as specified and described herein and
pay all salaries and other costs related thereto.
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SECTION VIII
IN WITNESS W~EREOF, the parties hereto have caused this
Agreement to be executed as of the day and year hereinabove
set forth.
CITY:
CITY OF SANFORD, FLORIDA
SEAL~
By authority of the City Commission of the
City of
Sanford, Florida granted for the CITY on
the date
ENGINEER:
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
ATTEST
&
Date:
AMEND 33
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Exhibit A
PLAN OF STUDY
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~ 0 O0 O0 O0 000 000
~ 0 O0 O0 O0 000 000
0 ~0 O0 O0 000 000
000 O0 O0 000
0 000 O0 000
EXHIBIT C
A Listing of the Duties, Responsibilities and Limitations
of Authority of the Resident Project Representative
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Conkli Porter and Holmes
CONSTRUCTION SCHEDULE
WATER R~CLAMATION FACILITIES EXP/~NSION=
Bid
Award
NTP ~O~
Commence . ~
--.. ' ............................................................................................, /e
jun Jul Aug Sep Oct Nov Dec laSZFeb Mar Apr May Jun Jul Aug Sep Oct Nov Dec./'.//J
SEASONAL DISCHARGE TRANSMISSION FACILITY=
Bid
Award
NTP
Commence ....
start up*
Jun Jul Aug Sep Oct Nov Dec fan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec..
t _ Includes Star~-Up, o$a4 Manual Preparation, and Project Performance Certification