205-CPH-Amendment 48 C, -2z:b5
AMENDMENT NO. 48
TO AGREEMENT DATED December 7, 1983
ENGINEERING SERVICES
DURING THE CONSTRUCTION OF THE SANITARY
SEWER REHABILITATION FOR AREAS TRIBUTARY
TO THE FORT MELLON LIFT STATION
&
ENGINEERING EVALUATION OF THE EXISTING
FORT MELLON LIFT STATION
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CONKLIN, PORTER AND HOLMES-ENGINEERS, INC.
This Agreement made on the :~/d~ay of//.2/'-~tZ~ , 1996 between the CITY OF
SANFORD, FLORIDA (hereinafter called the CITY) and CONKLIN, PORTER AND HOLMES-
ENGINEERS, INC. (hereinafter called the ENGINEER), is mutually agreed upon and declared an
authorized Amendment to an Agreement dated December 7, 1983, between the parties, herein
setting forth the scope, terms and conditions of the work herein authorized.
In case of any conflict between this Amendment and the aforementioned Agreement of December
7, 1983, this Amendment shall govern for the work described herein.
WHEREAS, the CITY through its consulting Engineers has completed designs, engineering plans,
specifications, and certain bidding documents, and other services required as precedent to bidding
and construction of the "Sanitary Sewer Rehabilitation for Areas Tributary to the Ft, Mellon Lift
Station" by the CITY, and
WHEREAS, the City of Sanford has requested a proposal for an engineering evaluation of the Ft.
Mellon Lift Station and forcemain to identify and recommend possible upgrades to better
accommodate the increased flows to the pump station resulting from past and continuing growth in
the service area, and
WHEREAS, the City of Sanford has an established relationship and continuing services agreement
with ENGINEER for provision of services on this project on which the ENGINEER previously prepared
an infiltration / inflow study, engineering designs, plans, and specifications, and
WHEREAS, the ENGINEER is intimately familiar with and qualified for this project work and has
personnel and capabilities to perform the designated services,
NOW THEREFORE, the CITY and the ENGINEER for the considerations named hereinafter agree as
follows:
SECTION 1
PURPOSE OF AMENDMENT
1.1.1 This Amendment work is to generally provide for engineering services during the
pre-bidding, bidding, administration of construction, and other services as herein
specified.
I. 1.2 The detailed purpose of this Amendment is to provide pre-bidding, bidding, and
construction administration for the "Sanitary Sewer Rehabilitation for Areas
Tributary to the Fort Mellon Lift Station" and to provide an engineering evaluation of
the existing Fort Mellon Lift Station
1.1.2.1 Additional subconsultant services of surveys, environmental scientist (jurisdictional
and permitting) services, geotechnical services, construction quality control
testing, water quality monitoring, or other specialist services are not included. If
these services are subsequently determined advisable during the course of the work,
they may be considered for authorization as an additional service under Section 3 of
this Amendment or separately provided by the CITY or consultants employed
directly by the CITY.
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SECTION 2
SCOPE OF SERVICES
2.1 General Services of the ENGINEER
2.1.1 The ENGINEER agrees to perform professional services in connection with the
project as hereinafter stated.
2.1.2 The ENGINEER will serve as the CITY's professional engineering representative in
those phases of the project to which this Amendment applies and will meet, consult
with, and provide advice to the CITY during the performance of these services. The
ENGINEER will perform the services for the City Commission under the direction of
the City Manager or his designated representative.
2.1.3 Attached as Exhibit "A", is a Plan of Study which is hereby made a part of this
Amendment showing the scope of work contemplated, the time estimates, and
overall cost estimates for the initial scope of work generally described herein.
2.2 Pre-Bid Phase
2.2.1 Assist the CITY in preparing and submitting the FDEP Application to Construct
Domestic Wastewater Collection / Transmission Systems. The CITY will be
responsible for furnishing the application fee.
2.2.2 Assist the CITY in preparing a bid advertisement for placement in appropriate
publications by the CITY for the initial construction contract. To generate
contractor interest in the project work and in an effort to enhance competition, the
ENGINEER will send copies of the Advertisement to potential bidders and plan rooms
to notify them of the bid letting,
2.3 Bidding Phase
2.3.1 Prepare and distribute up to 30 copies of the Contract Documents and keep records
of the distribution of Documents to bidders and suppliers for the contract.
2.3.2 Answer questions of bidders and suppliers. No interpretations of the Documents
will be made other than through issuance of Addenda to the Documents.
2.3.3 Coordinate with CITY on possible changes required and issue addenda to the
Documents as required for the contract (estimate two addenda).
2.3.4 Prepare for and attend the bid opening, and follow-up.
2.3.5 Summarize, tabulate, and evaluate the bids, investigate bidders' qualifications and
references, and assist the CITY in their selection of the construction contractor.
2.3,6 Consult with the CITY and render opinions as to the acceptability of subcontractors
and other persons and organizations proposed by the general contractor for those
portions of the work for which subcontractor approval is required by the
Documents,
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2.3.7 Prepare, for review by the CITY attorney, a conformed set of draft Documents
consisting of Construction Proposal and Contract, bonds, insurance certificates,
construction schedules and other portions of the contract in order to assist the CITY
in their determination as to whether to issue a Notice to Proceed to the selected
contractor.
2.4 Construction Administration Services
The construction period for these activities will commence with the award of
construction contract by the City and will terminate upon written approval of final
payment by the CITY for the contract and certification of completion to regulatory
agencies. The time and cost estimate attached to this Plan of Study is based on a
completion time of four months from Notice to Proceed to substantial completion.
During the construction period, the ENGINEER will provide the following services:
2.4.1 Advise and consult with the CITY concerning the construction activities and act as
the CITY's representative as provided in the General Conditions of the Contract
Document concerning construction administrative matters as hereinafter described.
2.4.2 Attend and represent the CITY at preconstruction, progress and project closeout
meetings with the Contractor, surveyors or layout personnel and construction
quality control testing personnel. Review and monitor Contractor's construction
schedule and advise CITY of any anticipated project delays and/or early completion
indicated through such review and through construction progress observation.
2.4.3 Consult with the Contractor and CITY, and review Contractor's proposed sequence
of construction and detailed plan for performing the work.
2.4.4 Make periodic visits to the work site ( approximately 2 visits per week), to observe
the progress and report to the CITY as to the amount of work complete, the overall
quality of executed work, and observed impediments to the successful contract
completion. The ENGINEER will not be required to make exhaustive or continuous
on-site observations as to the quality or quantity of completed work; he will not be
responsible for the construction means, methods, techniques, sequences, or
procedures or the safety precautions incidental thereto; the ENGINEER's efforts will
be directed toward providing assurance to the CITY that the completed project will
substantially conform to the contract, plans, and specifications, but he will not be
responsible for the CONTRACTOR's failure to perform the construction work in
accordance with said documents. Based on such on-site observation as an
experienced and qualified design professional, he will keep the CITY informed as to
the progress of the work, will endeavor to guard the CITY against defects and
discrepancies and will coordinate with the CITY and the Contractor as to
disapproving or rejecting work which fails to meet the project plans, specifications
or other Contract Documents.
2.4.5 Check and approve shop drawings, catalog data, diagrams, illustrations, schedules,
samples, test and inspection results and other data the Contractor is required to
submit, but only as to conformance with the overall design concept of the project
and compliance with the Plans, Specifications, and other Contract Documents as
well as City of Sanford requirements.
2.4.6 Issue all instructions of the CITY to the Contractor and prepare routine Change
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Orders as required. The ENGINEER may, as the CITY's representative, require
special inspection or testing of the work (whether or not fabricated, installed or
completed); the ENGINEER will act as interpreter of the terms and conditions of the
Contract Documents and judge of the performance thereunder by the CITY and the
Contractor and will make decisions on all claims of the CITY and the Contractor
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.
2.4.7 Based on the ENGINEER's 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 amounts
owing to the Contractor and recommend approval in writing of payments to the
Contractor in such amounts; such recommendations to constitute representations
to the City, that are expressions 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). By recommending 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.
2.4.8 The ENGINEER will, in conjunction with other CITY representatives conduct punch
list and final inspections of the in-place work to determine if the work is completed
substantially in accordance with the plans, specifications and other contract
documents. These inspections shall form the basis for the ENGINEER's review and
recommendation for payment on the CONTRACTOR's final pay request.
2.4.9 Review Contractor provided record drawings/surveys and other as-built data for
installed facilities and bring any apparent discrepancies between the as-built
conditions and the design conditions to the attention of the CITY. Coordinate with
the Contractor regarding provision of the construction record drawings prior to final
on-site inspections and punch list preparation. Prepare and furnish to the City a
reproducible set of record drawings showing those changes made during the
construction based on the data noted above.
2.4.10 The ENGINEER will prepare statements of completion (qualified if necessary)
certifying completion of the work, and submit statements in accordance with the
Contract Documents, regulatory agencies and CITY requirements.
2.4.11 The ENGINEER shall not be responsible for the acts or omissions of the Contractor
or of any the Contractor's, Sub-Contractors, Agents, Employees, or other persons
performing any of the work under the construction contract, or of others.
2,5 Evaluation of the Fort Mellon Lift Station
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2.5.1 Review the flow estimates from the Infiltration / Inflow Study and historical pump
records for the pump station. Update the information based on the review and
recommendations of the City Utility Department.
2.5.2 Examine the existing force main and lift station system and its capability to
accommodate the revised wastewater flows. Evaluate the downstream gravity
system to accommodate flows from the lift station using elevation and line size data
from the CITY sewer system maps.
2.5.3 Evaluate the condition of the existing pumping equipment, electrical controls,
structural components, piping, valves and appurtenances.
2.5.4 Consider and evaluate possible upgrades to the pump station / transmission system
including upgrading the existing dry-pit pumping facilities, conversion of the dry-pit
pump station to a submersible pump station, and totally replacing the existing
facilities with a new submersible pump station.
2.5.5 Prepare a preliminary report in draft form with text, sketches and cost estimates
summarizing the Study and recommendations, and submit to the CITY for review
and comments.
2.5.6 Make revisions and refinements to the report after the CITY'S review, and furnish
five copies of the final report.
2.5.7 Present summary of the report to the CITY and discuss and answer questions.
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SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY may provide these services separately or
directly with the provider. Such additional services will be paid for by the CITY as
outlined in Section 5.
3.1.1 Additional services due to significant changes in the scope of the project or its
design including, but not limited to, changes in size, complexity, character of
construction or due to time delays in initiating or completion of the work as
described herein.
3.1.2 Additional services as previously outlined in paragraph 1.1.2,1 contained herein.
3.1.3 Provide through subconsultants, surveys, soils, environmental scientist (jurisdictional
and permitting) services, construction quality control testing, or other specialist
services including real estate/right-of-way agents, project/construction management,
financial/budgetary.consultant, and bookkeeping/accounting services. If these
services are subsequently determined advisable during the course of the work, they
may be considered for authorization as an additional service under this Section or
separately provided by the CITY.
3, 1.4 Except as otherwise provided herein, services or additional costs associated with
revising previously accepted studies, reports, or other documents prepared by the
ENGINEER when such revisions are due to causes beyond the ENGINEER's control.
3.1.5 Additional services resulting from public protests, administrative hearings, or similar
matters.
3.1.6 Preparing to serve and/or serving as an Expert Witness for the CITY in any litigation,
public hearing, condemnation proceeding, right-of-way or easement acquisition or
negotiation, or other legal / administrative proceeding.
3.1.7 Furnishing additional sets of prints of drawings and other Documents beyond those
designated in Section 2.
3.1.9 Additional construction administration services beyond those outlined in Section
2.4, including the estimates shown in the Plan of Study caused by a longer
construction period than specified, or other construction or field conditions not
anticipated and beyond the ENGINEER's control.
3.1.10 Additional services in connection with the project including services normally
furnished by the CITY as described in Section 4 herein and services not otherwise
provided for in this Agreement.
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SECTION 4
CITY RESPONSIBILITIES
4.1 The CITY will:
4.1.2 Advise the ENGINEER of his requirements for the project and designate a person to
act as the CITY's representative with respect to the work to be performed under
this Amendment, and such person shall have complete authority to transmit
instructions, receive information, interpret and define the CITY's policies and
decisions pertinent to the work covered by this Amendment.
4.1.3 Obtain and provide data requested that is reasonably available on the project along
with operational and maintenance requirements and easement and right-of-way
requirements.
4.1.4 Guarantee access to and make all provisions for the ENGINEER to enter upon public
and private lands as required for the ENGINEER to perform his work under this
Amendment.
4.1.5 Make facilities accessible for inspection.
4.1.6 Examine all studies, reports, sketches, schedules, and other documents presented
by the ENGINEER and render decisions pertaining thereto within a reasonable time
so as not to delay the work of the ENGINEER.
4.1.7 Assist in obtaining 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.
4.1.8 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any
subconsultant services not designated in Section 2, if advised by the ENGINEER and
CITY concurs that they are necessary.
4.1.9 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense,
necessary additional services as stipulated in Section 3 of this Amendment, or other
services as required.
4.1.10 Provide such legal, accounting, financial and insurance counseling services as may
be required for the project, and such auditing services as the CITY may require.
4. I. 11 Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any defect in the Project.
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SECTION 5
PAYMENT
5.1 Payment
Payment for services and expenses of the ENGINEER to be as set forth below:
5.1.1 Principals and Employees of the ENGINEER.
5.1.2 Compensation paid ENGINEER for services described herein and rendered by
principals and employees assigned to the Project will be computed by multiplying
Direct Personnel Expense (defined in paragraph 5.2.3 herein) times a factor of 1.95
plus all reimbursable expenses. The fee for the engineering services for the Service
described in Section 2, plus out of pocket expenses as described in 5.2.1 below at
actual cost thereof shall not exceed $31,244.39
5.2 Reimbursed Expenses
5.2.1 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 and employees, when traveling in connection with the
project, toll telephone calls, telegrams, prints, photocopies, and similar project-
related items. Monies collected from plan holders in the form of "non-refundable bid
deposits" for Contract Document purchase, will be deposited in Engineer's account
and at the conclusion of the bidding process, a check for total bid deposits received
will be issued to the CITY.
5.2.2 The CITY will make prompt monthly payments in response to ENGINEER's monthly
statements without retention for all categories of services rendered under this
Agreement and for reimbursable expenses incurred.
5.2.3 Direct Personnel Expense used as a basis for payment 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
contributions, worker's compensation, health and retirement benefits, bonuses, sick
leave, vacation and holiday pay applicable thereto. For purposes of this
Amendment, Direct Personnel Expense shall be considered an amount equal to 1.48
times applicable salaries and wages.
5.2.4 Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding will be computed at a rate of $600.00 per day or
any portion thereof (but compensation for time spent in preparing to appear in any
such litigation, hearing or proceeding will be computed in accordance with the
payment method as set forth in Paragraphs 5.1.2 and 5.2.1 herein).
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5.2.5 If this Agreement is terminated during prosecution of the services prior to
completion of the services of Section 2, payments to be made in accordance with
Paragraph 5.1.2 and 5.2.1 on account of that and all prior work under this
Amendment shall be due and payable, and shall constitute total payment for
services rendered. In addition, upon termination, the ENGINEER shall be paid for
any additional services authorized and rendered under Section 3.
5.2.6 Services provided by outside subconsultants will be billed at the direct cost to the
ENGINEER without increase,
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SECTION 6
GENERAL CONDITIONS
6.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment
or over any construction Contractor's method of determining prices, any opinion of
probable construction cost which may be provided in the services of this
Amendment are 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
construction cost will not vary from opinions of probable cost prepared by him,
Similar limitations apply to construction schedules reviewed or prepared by the
ENGINEER.
6.2 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
partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Amendment. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agency 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.
6.3 The ENGINEER agrees to initiate work promptly upon receipt of authorization to
proceed and to prosecute the work in an expeditious and timely manner until the
Project is completed based on timely performance by the construction Contractor,
regulatory agencies, land acquisition specialist, property owners, City Attorney, and
others involved.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the
day and year first above written.
CITY:
City of Sanford, Florida
ENGINEER:
Conkiln, Porter & Holmes - Engineers, Inc.
David A. Gierach, P.E., Vice President
Date: November 22, 1996
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· · ' ~ EXHIBIT A
PLAN OF STUDY - BIDDING AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE SANITARY SEWER
REHABILITATION & ENGINEERING EVALUATION OF THE FORT
MELLON LIFT STATION
ITEM... . ' DESCRIPTION". ' P E T I I) S ES'rlMATEI)
· '" ' :"i' .': : EXPENSES
A. Pre-Bid Services:
1. Assist the City in the preparation and 4 2 10.00
submittal of the FDEP permit
applicaton package.
2. Assist the City in preparing a bid 1 2 10.00
advertisement. Fortyard copies of the
advertisement to potential bidders and
plan rooms.
B. Bidding Services:
1. Prepare and distribute Contract 1 8 750.00
Documents.
2. Answer questions of bidders and 1 6 4 4 10.00
suppliers.
3. Coordinate with the City on possible 1 4 4 2 4 30.00
changes required and issue addenda to
the Documents as required.
4. Prepare for and attend the bid opening, i 4 2 10.00
and follow-up.
5. Summarize, tabulate, and evaluate the 1 4 2 12 15.00
bids, investigate bidders' qualifications
and references, and assist the City in
their selection of the construction
contractor.
6. Consult with the City and render i 2 1
opinions as to the acceptability of
subcontractors.
7. Prepare, for review by the City 1 2 2 25.00
attorney, a conformed set of draft
Documents.
C. Construction Administration:
ITEM DESCRIPTION P E · T D S ESTBIATED
: EXPENSES
1. Attend and represent the City at 2 6 14 7 25.00
preconstruction, progress and project
close-out meetings.
2. Make periodic visits to the work site 1 20 70 15 50.00
(approx. 2 visits per week) to observe
the progress and report to the City on
the status of construction.
3. Check and approve shop drawings, 1 4 16 4
catalogue data, diagrams, schedules,
test and inspection results and other
data the Contractor is required to
submit.
4. Issue all instructions of the City to the 1 4 4 6 2
Contractor and prepare routine Change
Orders as required (assume 2 change
orders).
5. Determine the mounts owing to the 2 4 8 4 20.00
Contractor and recommend approval in
writing of payments to the Contractor
in such amounts (assume 4 pay
requests).
6. Conduct punchlist and final inspections 2 6 10 2 20.00
in conjunction with City Staff.
7. Review Contractor provided record 2 4 1 10.00
drawings/surveys and other as-built
data.
8. Prepare and furnish to the City a 1 2 8 16 2 50.00
reproducible set of record drawings.
9. Prepare statements of completion 1 2 2 2
certifying completion of the work, and
submit statements in accordance with
the Contract Documents, regulatory
agencies and City requirements.
C. Engineering Evaluation of the ]Ft.
Mellon Lift Station/Preliminary
Design
1. Review flow estimates and historical 1 8 12 2
pump records. Coordinate with City
Staff in determining design flows for
the pump station.
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EXPENSES
2. Evaluate the ability of the downstream S 24 1 25.00
forcemain and gravity system to
accommodate flows from the lift
station, as well as local contributions to
the collection system.
3. Evaluate the existing pumping 8 24 2 1,000.00
equipment, standby power, electrical (Electrical
controls, storage capacity, cycle times, Subconsltant)
etc. in terms of current engineering
standards.
4. Evaulate Lift Station Condition 8 8
5 Determine possible upgrades to the
pump station / transmission system, the
expected level of service, and estimated
costs for the following options:
a) Upgrading the existing dry-pit pumping 4 8 16 8 25.00
facilities.
b) Convening the existing facilities to a 4 8 16 8 25.00
submersible pump station.
c) Totally replacing the existing facilities 2 6 8 8
with a new submersible pump station.
4. Prepare a draft report summarizing the i 16 16 6 50.00
findings of the engineering evaluation
and opinion of probable cost for
upgrades to the pump station.
5. Incorporate revisions and provide 5 2 2 1
copies of the report to the City.
6. Meet with City Staff to discuss the 4 4 2 2 50.00
findings of the evaluation.
TOTAL 30 153 260 66 90 $2,210.00