205-CPH-Amendment 31 AMENDMENT NO. 31
TO
AGREEMENT FOR
CONSULTING ENGINEERING SERVICES
DURING CONSTRUCTION OF
NEIGHBORHOOD RECLAIMED WATER DISTRIBUTION SYSTEMS
KAYWOOD ESTATES, FOUR AREAS OF IDYLLWILDE, UPLAND PARK AND
MAYFAIR VILLAS WITH PROVISIONS TO EXTEND TO THE COUNTRY PLACE AND THE OAKS
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CONKLIN, PORTER & HOLMES ~ ENGINEERS, INC.
to an Agreement previously entered into on the 7th day er 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. 31 to provide for
engineering services consisting of designated services during the construction
phase of the' project as herein specified for the above-listed construction
contract. It is anticipated that the City will provide much of the needed
overall Administration and Inspection of Construction Services with their own
personnel, and that the ENGINEER will provide the services designated herein to
supplement the efforts of the City staff. In case of any conflict between this
Amendment No. 31 and the original Agreement of December 7, 1983, this Amendment
shall govern for the work described herein.
All other Amendments which have been previously executed provided for
other municipal.engineering services and have no applicability to the services
covered by this Amendment.
1
WHEREAS, the ~NGINEER and the CITY have previ ~ly completed
preliminary engineering and plannin~ and final engineering design, plans and
documents for the Neighborhood Reclaimed Water Distribution Systems, and
NOW THEREFORE, THE CITY AND 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 in the
Plan of Study are based on the construction time to complete of 8 months to
substantial completion (See also Section 5.3) and an assumed Contractor's
schedule for prosecuting the work including the number of crews workin~ at any
given time. This forms the basis for the Maximum Fee shown. If the Contractor
prosecutes the work in such manner as to require additional time and cost
(i.e., a longer construction period or by the number of crews working or
extended hours), 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 basic services provided herein,
but if the CITY determines it is needed, the ENGINEER will provide same under
the provisions of Section II, Additional Services.
The specific services shown to be provided for the construction
Contract are shown below.
1.1 Pre-Bid and Biddin~ Phase
The CITY will provide the ENGINEER with a written authorization to
proceed with the work. After written authorization to proceed with the pre-bid
and bidding phase, the ENGINEER will provide the followin~ services for the
Neighborhood Reclaimed Water Distribution System.
1.1.1 Prepare advertisements for bids for placement in appropriate
publications by CITY for the construction contract.
1.1.2 Distribute and keep records of the distribution of Documents to
bidders and suppliers.
1.1.3 Issue addenda to the Documents as required.
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 opening.
1.1.6 Tabulate, summarize and evaluate the bids, investigate bidders'
qualifications, and assist the CITY in their selection of the construction
Contractor.
1.1.7 Prepare draft of Construction Agreement for the CITY's attorney's
review.
1.2 Administration of Construction Phase
The Construction Phase will commence with the award of the
construction Contract and will terminate upon written approval of final payment
by the ENGINEER on the Contract. During the Construction Phase, the ENGINEER
will:
1.2.1 Advise and consult with the CITY representing their interests as
specifically designated herein. it is anticipated that the CITY will furnish
their own employees to serve as General Construction Administrator and Resident
Project Representatives or inspectors.
1.2.2 Participate in a preconstruction conference.
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. 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; 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 Project 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 Contractor, and may disapprove or reject work as failing to conform
to the Contract Documents.
1.2.4 Check and approve shop drawings, brochures, catalog data, and samples
which the Contractor is required to submit, but only for conformance with the
design concept of the project and compliance with the information given in the
Contract Documents.
1.2.5 Prepare routine change orders as required.
1.2.6 Based on his on-site observations as an experienced and qualified
design professional and on his review of the Contractor's applications for
payment, supporting data, and information received from the CITY determine the
amount owing to the Contractor and approve in writing payment to the Contractor
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 Contractor has used the monies paid on account of the Contract
Price, or that title to any of the Contractor's 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,
1.2.7 Participate in an inspection to determine if the Project is
substantially complete with punchlists of items to be corrected (if applicable)
and a final inspection to determine if the Project has been completed
substantially in accordance with the Contract Documents and that the Contractor
has substantially fulliliad his obligations thereunder so that the ENGINEER may
a~prove, in writing, final payment to the Contractor.
1.2.8 The ENGINEER shall not be responsible for the acts or omissions of the
Contractor, any subcontractor, or any of the Contractor's subcontractors,
agents, or employees or any other persons performing any of the work under the
construction contract, or of others.
1.2.9 Review the Contractor-furnished marked up prints, drawings and other
data furnished by the Contractor for sufficiency and provide this information
and the original mylar tracings for the project to the CITY for their use in
preparing Record Drawings for the project.
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.
2.1.2 Revising previously ap~roved 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 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 Contract, (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, and (5)
default under the Construction contract due to 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 he 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.
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 employed by the ENGINEER. The ENGINEER will attempt
to coordinate the activities of the subconsultant with the Contractor's work
schedule, call for tests, review and act on the results of this subconsultant's
work product. 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 $t7,761.00 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.
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 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
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
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
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
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
and shall commence work on the Construction Phase on the date of the Notice to
Proceed to the general construction Contractor. 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 8 months from Notice to Proceed
through substantial completion, plus one month for the Contractor to complete
all work. Should the construction extend beyond these times, additional
engineering fees (if required) will be negotiated in accordance with the
provisions of Section III of this Agreement.
7
The period of performance and maximum fee for this contract work
shall remain in force from the date of execution of Amendment No 31 until a
one-year period has elapsed.
SECTION VI - INSURANCE
The ENGINEER shall secure and maintain such insurance as will protect
him from claims under the ~orkmen'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 reguire 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 With his own personnel, perform Pre-bid, Bidding Phase and Resident
Project Representative Services reguired, except those designated in this
Agreement to be performed by the ENGINEER. The services to be provided by the
CITY include but are not limited to, handling the award with the City
Commission; determining the acceptability of subcontractors; reviewing
contracts, bonds, insurance certificates, and construction schedules; issuing
Notice to Proceed; serving as Construction Administrator; providing general
direction and supervision of Inspectors, Resident Project Representatives, the
Contractor, and the ENGINEER; arrange for and conduct a pre-construction
conference; issue all instructions to the Contractor and other pertinent
parties; interpret the Contract Documents, and judge the Contractor's
performance under the Documents; act on all claims of the Contractor; be the
main communicator and coordinator with the Contractor~ provide inspection and
Resident Project Representative services; witness tests; field check pay
estimates as to work completed and materials stored; participate in Substantial
Completion and final inspection and punchlists; prepare As-built Record
Drawings; obtain and assemble maintenance information, submittals, guarantees,
releases of lien and paperwork; provide copies of all tests and As-built
Drawings to the ENGINEER for certification of project completion to the
regulatory agencies.
7.1.2. Provide access to and to make all provisions for the ENGINEER to enter
upon public and private lands as reguired for the ENGINEER to perform his work
under this Agreement.
7.1.3. Advertise for proposals from bidders, open the proposals at the
a~pointed 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 Contract.
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.
7.1.7 Give prompt written notice to the ENGINEER whenever the CITY observes
or otherwise becomes aware of any defect in the Project.
7.1.8 Obtain approval of all governmental authorities having 3urisdiction
over the Project and such approvals and consents from such other individuals or
bodies as may be necessary for completion of the Project.
7.1.9 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.
7.1.10 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.
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
By:~--
/-
ATTEST
&
SEAL
-j_~/xZ~ By authority of the City Commission of the City of
~for , ori a ra~for the CITY on the date
ENGINEER:
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
ATTEST &
AMEND 31
10
Exhibit A
PLAN OF STUDY
11
NEIGHBORHOOD RECLAIMED WATER DISTRIBUTION SYSTEMS
KAYWOOD ESTATES, FOUR AREAS OF IDYLLWILDE, UPLAND PARK AND
MAYFAIR VILLAS WITH PROVISIONS TO EXTEND TO THE COUNTRY PLACE AND THE OAKS
Item of Work Time in Manhours Estimated Expense Cost
P E T D S
BIDDING AND CONTRACTOR SELECTION:
1) Prepare advertisement for bids 1 1 2
and furnish to City.
2) Distribute and keep records of 1 4 $1,710.00 (30 Sets of Plans
distribution of Documents to bidders and and Booklets
suppliers.
3) Issue addenda to the Documents as 6 12 8 3 $50.00
required.
4) Respond to questions of bidders and 4 8 - 2 $20.00
suppliers. (No interpretations of the
documents shall be made other than through
issuance of Addenda to the Documents).
5) Attendance at bid opening. 3 -
6) Prepare bid summary, investigate 1 2 6 6
bidders' qualifications and assist
Owner in selecting Contractor.
Item of Work Time in Manhours Estimated Expense Cost
P E T D S
ADMINISTRATION OF CONSTRUCTION:
7) Attend Preconstruction 3 4 2
Conference.
8) Periodic site visits (3 times every 6 35 131 18 ~50.00
two weeks) to observe progress and
quality of executed work to
determine in general that the work is
proceeding on time and in accordance with
Contract Documents.
T = 2.5hrs x3/wk x 35wks: 131
2
E = 1.Ohrs xl/wk x 35wks = 35
S = 0.5hr. xl/wk x 35wks: 18
9) Review shop drawings, brochures,
catalog cuts, test results for
conformance with design concept and
compliance with information provided in
the Contract Documents.
12 Submittals Estimated ........... 2 6 15 5
lO) Prepare routine Change Orders. 2 6 18 12 12 I20.00
Estimate 6 Change Orders.
Item of Work Time in Manhours Estimated Expense Cost
P E T D S
ll) Review Contractor applications for 2 6 24 - 8 $20.00
payment and supporting data; determine
amount owing to Contractor and approve
in writin pa ent to the Contractor.
(8 estimates ~oo substantial completion.)
12) Conduct substantial completion 1 3 6 2
inspection and prepare punchlists of
items to be corrected.
13) Conduct final inspection for - 2 4 1 $5.00
determination that Contract has
been completed substantially in
accordance with Contract Documents
and process 1 final payment request.
14) Review Contractor's Marked-up As- - 2 6 1
t
bull s and furnish them and original
mylars to the Owner for his use in
changing original mylars to Record Draw-
!rigs.
15) Certification to FDER. - 1 2 1
TOTALS 14 80 238 20 6Z )l,815.00