205-CPH-Amendment 37 Sanford,
P.O. Box 1778--32772-1778
Telephone~ (407) 330-5601
April 30, 1992
Conklin, Porter and Holmes Engineers, Inc.
P. O. Box 2808
Sanford, Florida 32772-2808
ATTN: Mr. Paul E. Porter, P.E.-President
RE: Amendment No. 37 - Contract IV
Hayfiel~ Development and Irrigation System at Site 10
Dear Paul:
Enclosed herewith, please find one (1) fully executed copy of
Amendment No. 37. Thank you for your .assistance in this matter.
Ver truly yours,
W. A. Simmons
City Manager
WAS/acd
Enclosure
"The Friendly City"
AMEND/VIE~NT NO. 37
TO
AGREEM'ENT FOR
CONSULTING ENGINEERING SERVICES
DURING CONSTRUCTION OF
CONTRACT IV- HAYFIELD DEVELOPMENT AND
IRRIGATION SYSTEM AT SITE 10
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CONKLIN, PORTER & HOLMES ~ ENGINEERS, INC.
This Amevdment No. 37 dated this~ day of/Jf/P/~- , 1992, to an
Agreement previously entered into on the 7th day of December 1983, by and between the
City of Sanford, Florida, hereinafter referred to as the CITY, and Conklin, Porter &
Holmes - Engineers, Inc., hereinafter referred to as the ENGINEER, is mutually agreed
upon and declared an extension of the original Agreement dated December 7, 1983, and
entitled "Agreement for Consulting Engineering Services for Wastewater Treatment and
Effluent Disposal Facilities". It is the intent of this Amendment No. 37 to provide for
engineering services consisting of services during bidding, general administration of
construction, resident project services during construction and other services as herein
specified for CONTRACT IV - HAYFIELD DEVELOPlVIF~NT AND IRRIGATION
SYSTEM. In case of any conflict between this Amendment No. 37 and the original
Agreement of December 7, 1983, this Amendment shall govern for the work described
herein.
WltEREAS, the approved 201 Plan (latest amendment) calls for development
of Site 10 as an effluent reuse and disposal facility, and
Vd~,EAS, the resulting construction projects are being f'manced utilizing
advantageous State Grants and/or Revolving Loan Funds, and
WFIEREAS, the ENGINEER has previously completed preliminary
engineering and planning and f'mal engineering design for CONTRACT I - RECLAIMED
TRANSMISSION MAIN TO SITE 10; CONTRACT lI - CLEARING, GRADING, PONDS
and STORMWATER MANAGEMENT SYSTEM AT SITE 10; and CONTRACT III -
MASTER PUMP STATION AND GROVE IRRIGATION SYSTEM AT SITE 10, and the
CITY has the above three contracts currently under construction,
Wt!EREAS, 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 fulf'dl 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 is
continuing implementation of these projects in an expeditious manner,
W'FrI~,EAS, the ENGINEER has previously completed final engineering
designs, construction plans and Contract Documents for the construction of HAYFIELD
DEV!~LOPMENT AND IRRIGATION SYSTEM and aH permits have been received for
construction. The CITY, indicating its desire to bid and construct Contract IV at this time,
hereby retains the ENGINEER to provide services during bidding, general admlni~tration
of construction, resident project representation during construction, Plan of Operation,
Operation and Maintenance Manual Update, and Start-Up phase services following
construction of CONTRACT IV - HAYFIF~LD DEVELOPMENT AND IRRIGATION
SYSTEM, and
NOW THEREFORE, the CITY and the ENGINEER for the considerations
named hereina~er agree as follows:
SECTION I
SCOPE OF ENG1NEEn?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 D attached
hereto (Plan of Study) and made a part of this Amendment. The scope and extent of the
total services required under this Amendment are not clearly defined. The hours of work
for each pay classification shown on the Plan of Study are based on Contractor's assumed
schedule for prosecuting the work including the number of crews working at any given
time. This Contract is based on the advertising, bidding and notice to proceed schedule as
shown in Exhibit D and on the Contractor completing CONTRACT IV within 345 calendar
2
days from Notice to Proceed. 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.
more resident project representation furnished by the ENGIN!~ER or for a longer time),
the ENGINEER is obligated to bring this situation to the CITY's attention and negotiate
a change in the Target Cost Ceiling. Construction Quality Control Testing is not included
in the maximum fee shown herein, but ff the CITY determines it wants the ENGINEER to
provide it, the ENGINEER will do so under the provisions of Section H, Additional
Services.
Services provided under this Agreement will be funded in part through a Construction
Grant admini~ered by the U.S. Environmental Protection Agency (hereinafter called
"EPA"), or the Florida Department of Environmental Regulation (FDER). Thus, certain
EPA Special Contract Conditions are attached hereto as Exhibit A and are made a part of
this Agreement as ff totally repeated herein. In addition, the provisions of CFR Title 41,
Subpart 1-15.2 and CFR Title 41, Subpart 1-7.202, in effect on the date of execution of this
Agreement, are incorporated herein by reference and shah apply to this Agreement with
full force and effect and are as much a part of this Agreement as if they were repeated
totally herein.
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 bidding phase, the ENGINEER will
provide the following services for the construction Contract contemplated at this time.
1.1.1 Perform pre-bid services including making changes and additions as directed
by the CITY to Contract Documents previously completed and submit them
to FDER for review and approval.
1.1.2 Assist the CITY in obtaining a suitable lease and lessee for the haying
operation. Included would be assisting in the search for potential lessees,
explaining the project, and showing them the site. The ENGINEER would
also provide data on acreage, previous studies and work done, and assist in
drafting advertisement for proposals, and drafting, evaluating and
negotiating lease terms.
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1.1.3 Prepare advertisement for bids for placement in appropriate publications by
CITY for CONTRACT IV construction, which is contemplated to be
advertised no later than May 1, 1992, and Notice to Proceed issued no later
than July 15, 1992. To generate contractor interest in the project work and
in an effort to enhance competition, ENGINEER will send copies of the
Advertisement to potential bidden to notify them of the bid letting.
1.1.4 Distribute and keep records of the distribution of Documents to bidden and
suppliers.
1.1.5 Issue addenda to the Documents as required.
1.1.6 Answer questions of bidden and suppliers. No interpretations of the
Documents shall be made other than through issuance of Addenda to the
Documents.
1.1.7 Attend the bid opening at which time bids are opened and subsequent
meeting when contract is to be awarded, as requested by CITY.
1.1.8 Summarize, tabulate, and evaluate the bids, investigate bidders'
qualifications, and assist the CITY in their selection of the construction
contractor.
1.1.9 Assist in the preparation of necessary documentation for evaluation of
Contractor's bidding information and other data required for submission to
the Florida Department of Environmental Regulation to allow award of the
Contract and issuance of Notice to Proceed.
1.1.10 Consult with the CITY and advise them 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.
1.1.11 Prepare for City Attorney review, draft documents consisting of 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 Contractor.
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1.2 Administration of Constraction Phase:
The Construction Phase will commence with the award of the construction
Contract and will terminate upon written approval of f'mal payment by the
ENGINIzIzR on the 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 Contract. The extent and
limitations of the duties, responsibilities and authority of the ENGINEER as
def'med in said General Conditions shah not be modified without the
ENGINRER's written consent.
1.2.2 Conduct a preconstruction conference for CONTRACT IV.
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 Contractor's failure to perform the
construction work in accordance with Contract DocHments; 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 ENGINF~ER to provide preconstruction video taping of job site conditions at
Site 10, ff determined advisable or necessary.
1.2.5 Provide aerial overflight photography and prints at 1" = 400' scale to verify
the status of the work at date certain in connection with the eagle
management plan and other contract provisions of the construction project.
1.2.6 Chock 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 projoct 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.
1.2.7 Issue aH instructions of the CITY to the Contractor; prepare routine Change
Orders as required; he may, as the C1TY's representative, require spocial
inspection or testing Of the work (whether or not fabricated, ingtaHed 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 Contractor and will make docisions on aH clalrn~ of the CITY and the
Contractor relating to the execution and progress of the work and aH other
matters and questions related thereto; but the ENGINI?.KR shah not be Hable
for the results of any such interpretations or decisions rendered by him in
good faith.
1.2.8 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 ENGINRRR shad 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.
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1.2.9 Provide periodic review of the Contractor's Certified payroll records;
periodically interview contractor's employees and verify wages, etc.; verify
posting of applicable Wage Rate schedules; and in general assist in
admlnigtering Wage and Hour Law provisions as required by FDER under
provisions of Davis-Bacon and other applicable requirements.
1.2.10 Conduct an inspection of the construction Contract to determine ff the
project is substantially complete with punchlist of items to be corrected (ff
applicable) and f'mal inspection to determine ff the project has been
completed substantially in accordance with the Contract Documents and the
Contractor has substantially fulf'ffied his obligations thereunder so that the
ENGINEER may approve, in writing, f'mal payment to the Contractor.
1.2.11 The ENGINRER 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.
1.3 Resident Project Services:
1.3.1 The duties, responsibilities and the limitations on the authority of the
Resident Project Representative shall be as set forth in paragraph 1.3.2 and
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 Contract 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 ENGINERR shall provide Resident Project Representation during
constraction of CONTRACT IV - HAYFIF, LI} DEVELOPMENT AND
IRRIGATION SYSTEM. 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 Contractor is working) as construction proceeds;
notification of the Contractor of non-compliance; observation of materials at
their source or on the job site; and provide a record of the Contractor's
activities throughout the construction, including notations on the nature and
cost of any extra work or changes ordered during construction; however, the
ENGINRRR is not responsible for the performance of the construction
Contract by the Contractor. The ENGINEER will furnish one or more part
or full-time Resident Project Representatives for CONTRACT IV -
HAYFIF, LI) DEVRI~)PMENT AND IRRIGATION SYSTEM, in order to
provide more extensive representation at the Project sites during the
construction phase. If it is determined due to construction progress or other
7
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 ENGINF. ER 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, 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 shah not make the ENGINR~ER responsible to f'md or
note aH discrepancies in the work nor for the Contractor's 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 are supplementary to the periodic visits and other services
provided under 1.2 Admlnigteation of Construction Phase.
1.3.4 FUrnishing the CITY a set of reproducible record drawings for the
construction Contract showing those changes made during the construction
process, based on the marked up prints, drawings and other data furnished
by the Contractor 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 Contractor to perform his work.
1.4 Plan of Operation and Operation & Maintenance Manual
Under this phase of the work, the ENGINEER will prepare an Operation and
Maintenance Manual and a Final Plan of Operation for CONTRACT IV -
HAYFIF~Lr} DEV~.I~)PMENT AND IRRIGATION SYSTEM in accordance
with applicable regulations of the Florida Department of Environmental
Regulation, and in accordance with good engineering practice. Other sections
of the O&M Manual have been previously, or will be covered by other
Amendments. The work shown in the attached Plan of Study is for that part
of the overall O&M Manual and Plan of Operation which is covered by this
Amendment. Applicable sections of the existing O&M Manual and Plan of
Operation will be modified or supplemented to cover CONTRACT IV -
HAYFIF. LF} DEVF_/.OPMENT AND IRRIGATION SYSTEM. The schedule
for completion and submission of the Operation and Maintenance Manual
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and the Plan of Operation will be in accordance with applicable FDER
regulations and/or loan conditions.
1.5 Start-Up Services
The start-up phase services will commence with the issuance of the
"Substantial Completion Certificate" to the general contractor and will
terminate one (1) year thereafter. During the start-up phase, the
ENGINRRR will provide:
1.5.1 Operational assistance..i.e., Operational assistance for adjustment and "f'me
tuning" of the new facilities to optimiTe performance, safety and reliability
under actual operating conditions to include the detailing of operational
procedures for consistent, reliable, and efficient performance from the
project.
1.5.2 Pre and post start-up personnel training.
1.5.3 Sampling and laboratory testing program training and instruction.
1.5.4 Maintenance management system....training of the operation and
maintenance staff in the details of the maintenance program.
1.5.5 Assistance in implementing or modifying the Records Management System.
1.5.6 Revise O&M Manual..., based upon actual operating experience obtained
during the start-up period.
1.6 Project 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 project meets the performance and operational
requirements applicable, and the requirements and specifications to which the
project was planned, designed and built, or ff it is not meeting performance
criteria, what actions are proposed to obtain compliance.
1.7 Construction Oualitv Control Testing
Under this phase of the work the ENGINEER will coordinate his own
activities with those of the Construction Quality Control Testing Consultant
and give general coordination and direction to the work of this consultant
who may be separately employed by the CITY. The ENGINEER will attempt
to coordinate the activities of the separate consultant with the Contractor's
9
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 ENGIN~.I~R
employ the Construction Quality Control Testing work as a subconsultant to
his own services, that will be accomplished as an Additional Service under
Section 1I of this Agreement.
SECTION H
ADDITIONAL SERVICES OF THE ENGINk'~R
2.1 General
If authorized in writing by the CITY, the ENGINEFR will furnish or obtain
from others additional services of the following types which will be paid for
by the CITY as indicated in Section IXL
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 one
construction contract. 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 .I .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
10
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, (5) default under the Construction contract due to non
performance, delinquency or insolvency.
2.1.7 Additional services resulting from manufacturers, public, or Contractor
protests, adminigtrative hearings, or similar matters.
2.1.8 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 VH.
2.1.9 Preparing to serve and serving as an expert witness for the CITY in any
litigation or other proceeding involving the Project.
2.1.10 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.
2.1.11 Additional engineering services required because the project does not meet
it's performance criteria.
2.1.12 Legal or boundary surveys and legal descriptions, sketches and rights-of-way
maps needed by the CITY for the acquisition of land, easements, or
rights-of-way or needed for establishment of existing land boundaries,
easements, or rights-of-way for construction or other purposes.
2.1.13 Construction Quality Control Testing. If separately authorized by the CITY,
the ENGINFJ~!~ will provide Construction Quality Control Testing through
a subconsultant who will be employed by the ENGINEER. The detailed
scope of services needed will be determined at the time and negotiated and
authorized.. The Construction Quality Control Testing Subconsultant to be
utilized shall be a fully qualified firm, subject to approval of the CITY.
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SECTION 11I
METHOD OF PAYMENT TO THE ENGINEER
3.1 Compensation
3.1.1 Because the scope and extent of work to be performed under this Amendment
is not clearly deemed, the cost plus fixed fee type of contract has been chosen.
As consideration for providing professional engineering services as set forth
in Article I of this Agreement, the CITY shall reimburse the ENGINF-I~R all
allowable, altocable costs that are incurred in the performance of this
contract up to the Target Cost Ceiling of $152,259.31 (exclusive of Fixed Fee)
which will not be exceeded without formally amending this Agreement prior
to the incurrence of additional costs. The CITY will also pay the
IilqGINF. FR a Fixed Fee of $22,838.90, which may not change except in the
case of an Amendment to this Agreement as a result of changes in the scope
of work. Fixed fee or profit is def'med as the net proceeds obtained by
deducting all allowable costs (direct and indirect) from the price of the
contract which include the Target Cost Ce'ding and the Fixed Fee.
3.1.2 The ENGINF~ER's allowable and alloeable cost shall consist solely of the
mount of the ENGINEER's direct labor dollars expertdeal in completing the
scope of work, plus an mount for indirect cost, overhead and fringe benefits
expressed as a percentage for ease of bffiing, plus the actual cost to the
ENGINF~ER for other direct expenses allocable directly to the Project and not
included in indirect cost.
3.1.3 The ENGINI*-!~'s direct labor dollars are deemed as the amount of the
actual salaries and/or wages of the ENGINEER's employees working on the
project.
3.1.4 Pending the establishment of f'mal overhead rates for any period, the
ENGINF. BI shall be reimbursed for allowable and altocable indirect costs not
claimed elsewhere, at the provisional rate of 148.00 percent of direct labor
dollars, which may, at the request of either party, be revised for billing
purposes by mutual consent.
3.1.5 Other direct expenses are defined as the actual costs incurred on and directly
for the project (other than the direct labor and indirect costs as hereinbefore
clef'meal). Such direct expenses shall be reimbursed on the basis of actual
purchase price for items obtained from commercial sources and on the basis
of actual cost exclusive of any mark-up or profit for items provided by the
ENGINEER or any division, subsidiary, affiliate or organization of the
ENGINEER under the ENGINEER's "common control" as defined by the 41
12
CFR 1~15.2 cost principles. Other direct expenses shah include, but not be
limited to, necessary transportation and travel costs, laboratory testing,
reproduction blueprinting costs, subcontracted surveying, electrical, and
other similar allowable direct project expenses.
3.1.6 It is anticipated that the allowable, aHocable and eligible costs to the CITY
for the services to be provided by the ENGINF. F~R, exclusive of fixed fee,
shah not exceed the Target Cost Ce'fiing as set forth in paragraph 3.1.1
above, and the ENGINEi~R agrees to commit his best efforts to perform the
specified services and aH obligations under this Agreement within such Target
Cost Ceiling,
3.1.7 If, at any time, the ENGINEER has reason to believe that the costs which he
expects to incur in the performance of this Agreement in the next succeeding
90 days, when added to all costs previously incurred, will exceed the target
cost ceiling then set forth for the service, the ENGINEER shah immediately
notify the CITY in writing to that effect; giving the revised estimate of such
target cost ceiling for the performance of this Contract and requesting an
Amendment to the Agreement. The CITY shah not be obligated to reimburse
the ENGINFJq~R for costs incurred in excess of the estimated cost set forth in
paragraph 3.1.1 and the ENGINEER shah not be obligated to continue
performance under the Contract or otherwise to incur costs in excess of the
Target Cost Ceiling set forth unless and until the CITY shah have notified
the ENGINI~.ER in writing that such Target Cost Ceiling has been increased
and shah have specified in such a notice a revised Target Cost Ceiling, which
shah thereupon constitute the esthnated cost of performance of this Contract.
In the absence of the specified notice, the CITY shah not be obligated to
reimburse the ENGIN'I~.KR for any costs in excess of the estimated Cost
Ceiling, whether those excess costs were incurred during the course of the
Contract or as a result of termination.
3.1.8 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.
3.1.9 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.
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SECTION IV
PERSONNEL AND FACILITIES
4.1.1 The ENGINEER represents that he has, or will secure at his own expense,
aH personnel required in performing the services under this Contract, except
as provided elsewhere herein. AH personnel engaged in the work shah be
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 o~er
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 ENGINF. ER each binds hlm~elf 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 aH 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 shah be construed as creating any personal Hability 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 Ire-Bidding and Bidding Phase
of the Project immediately upon receipt of the written notice to proceed. The
Construction Phase shah end at the end of the construction period specified
in the Documents. This Agreement is based on the schedule shown in Exhibit
14
D for advertising, bidding, and issuance of notice to proceed, and on a
construction period of 345 calendar days from Notice to Proceed. Should this
schedule not be maintained, additional engineering fees (if required) will be
negotiated in accordance with Section Ill of this Agreement.
The period of performance of ENGINEER's contract shall remain in force
and from the date of execution of Amendment No. 37 until a one-year period
has elapsed from the date of completion of the construction associated with
CONTRACTS IV, but no later than June 30, 1994.
SECTION VI
INSURANCE
6.1.1 The ENGINF~i~R 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 ENGINF. I~R 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 ~rne to the CITY. The ENGINEER shall
also require aH 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 VH
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 ENGINF~I~R to perform his
work under this Agreement.
7.1.2 Pay for all application, review, permit, right-of-way use, and other similar
fees.
7.1.3 Advertise for proposals from bidders, open the proposals at the appointed
time and place, and pay for all costs incident thereto.
7.1.4 Provide such legal, accounting and insurance counseling services as may be
required for the Project, and such auditing services as the CITY may require
to ascertain how or for what purpose the contractor has used the monies paid
to him under the construction Contracts.
15
7.1.5 Designate in writing a person to act as C1TY'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 def'me 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 Furnish a 4-wheel drive vehicle for use by Resident Project Representative
for on-site observations of work in progress.
7.1.8 Give prompt written notice to the ENGINF~FR 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, est'nnates,
specifications, drawings, proposals and other documents presented by the
ENGIN~ER 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 H of this
Agreement, or other services as required.
16
SECTION VIII
IN WITNESS ValEREOF, the parties hereto have caused this Agreement to
be executed as of the day and year hereinabove set forth.
CITY:
CITY OF SANFORD, FLORH)A
By:
ATT:F~T
&
SEA.L/d~
Z~ J~ By authority of the City Commission of
the City of Sanford, Florida granted
for the CITY on the date
of: ~/~ ~/~ ~
I~TGIN!~ER:
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
ATTEST
&
SEAL
~/~' ~~ Date:
CONTIV.JMS
17
EXHIBIT A
EPA SPECIAL CONTRACT PROVISIONS
1. Patents Data and Copyrights Clause
1.1 The ENGINEER shah conform to and abide by aH EPA regulations pertaining to
reporting and patent rights involving research, developmental, experimental or
demonstration work with respect to any discovery or invention which arises or is
developed in the conduct of work under this Agreement. The ENGINEER shah also
comply with EPA requirements and regulations perlhalnlng tO copyrights and rights
in data contained in 40 CFR Part 30.
2. Violating Facilities Clause
2.1 The ENGINEER shah comply with aH applicable standards, orders or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of
the Clean Water Act (33 U.S.C. 1368), Executive Order 11728, and EPA regulations
(40 CFR Part 15) which prohibits the use of facilities on the EPA List of Violating
Facilities.
3. Energy Efficiency Clause
3.1 The ENGINEER shah comply with mandatory standards and policies on energy
efficiency contained in the State of Florida's energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Public Law 94-163) for
any work performed under this Agreement.
4. Model Subagreement Clause
4.1 The following applicable clauses from 40 CFR, Part 33, Subpart F, paragraph
33.1030 of the Federal Register, Volume 48, No. 60, Monday, March 28, 1983 are
incorporated into this Contract's Special Conditions. Where the word "recipient"
appears, insert the words "Owner"; where the word "contractor" appears, insert the
word "ENGINEER".
AH other elements of this Agreement and Amendments shah remain in full force and effect.
18
EXHIBIT A-1
EPA FORM NO. 5700-41
(To be signed when Contract is executed)
19
iCOST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS I Form Appro".'ed
(See accompanying instructions before completing ~hls form) GArB A'o. 158-R(,ZJ4
PART J-GENERAL
GRANTEE 2, GRANT NUMBER
C~ty of Sanfo~d, Florida 586110
NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL
Conkiln, Porte~ and Holmes-Engineers, Inc. Ap~] 14, 1992
Conkiln, Po~te~ and Holmes-Engineers, Inc. P~ofess~ona] Engineering Services
P.0. D~aweF 1808 S~te 10 - Contract IV
Sanfo~d, FL 32772-2808 Hayfield Development and
I~H 9at~on System
PART II-COST SUMMARY
ESTI- MOURLY J ESTIMATED TOTALS
,: i ca ti s~ ~c: .' ..................
~ ............................ .................~ .........~ ...............
J
.......... = ' '=""'~"*'~: ;~"'=""L ~;: "'= "~'~ ....."';"' ....'~ ':"
.., .... , ~ ::'.':~/.~.:' '~ , . .
.... =; :~e ~'.~;" i:'F"=]~""~T'~'~rT=,"'~:'='~:'=',"r - ;;" "=n. -'r,P.-~Z.Z,~S'::
I ...............................................
"- .....................;:'Z' ..' .~ ~. ~: ;.':-,~.. ; ' ' [ .......j~ ............
...................... t ....... ~, ' · ~ ' ' ' "". '
IO. TOTALESTt~TEDCOS~ ....... S152,Zbg.31
~.P~O~T Fixed Fee- 15% s 22,838.90
175,098.21
PART IIi -PRICE SUMMARY
PART IV-CERTIFICATIONS
CONTRACTOR
14e. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHST
145 ,THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRiNCIPL~=5
CFR 41, Subpart Z-15.2 and Subpart 1-7.202
This prop0Sa! is subm2tfed for use
ContraCt IV . TMs is to certify to the best'of my knowleaSe
and belief that the cost and pricing data summarized herein are complete, cUrrent~ and accurate as of
(2),Ap~ ~ ~ ~ ~ qq? ' and ~hat a financial manaSement capability exists to fully ~d accu-
ratelyaccount ~orthe fina~ci~ traasa~tlons under tM~ project. I funher ce~ify tba~ I understand that the
subaSreement p~ce may be subject to downward rene~otlatlon and/or recoupme~t where the above cost and
pricinS data have been determined, as a result of audit, no~ bee mple~, current and accurate as
I certify that I have reviewed the cost/price summa~ set for~ herein ~d the proposed costs/price appear
acceptable for sub~Sreement award, ' · . ·
4/29/92
City ~anager
DATE OF EXECUTION 51GNATURE OF R~V~EWER
EPA Form 5700'41 C~'76) PAGE
EXHIBIT B
MEMORANDUM OF NEGOTIATION
Date: April 20, 1992
RE: Memorand-m of Negotiation
Engineering Services for City of Sanford, Florida
Amendment 37 - CONTRACT IV - HAYFI]ELD DEVELOPMENT AND
IRRIGATION SYSTEM
Date of
Meeting: April 17, 1992
Place: City Hall, Sanford, Florida
Attendees: CITY William A. Simmons, City Manager
ENG]IWI~!~R Paul E. Porter, P. E.
ALL ASPECTS OF THE AMENDMENT AS DRAFTED BY CPH
WERE FOUND ACCEPTABLE.
2O
EXHIBIT C
A Listing of the Duties, Responsibilities and Limitations
of Authority of the Resident Project Representative
21
A I.IRTING OF THE DUTIES, I~'-qPONSIBHJTIFS AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT RI~-PRESENTATIVE
ENGINEER or OWNER shah furnish a Resident Project Representative (RPR),
assistants and other field staff to assist ENGINEER in observing performance of the work
of CONTRACTOR. Resident Project Representative and assistants may be employees of
the ENGINEER or they may be employees of the OWNER, depending on assignment based
on availability, timing and scheduling.
The Resident Project Representative, his assistants or other field staff, are not
planned nor budgeted to be present full time at aH work sites at aH times while
CONTRACTOR is working. Therefore there will be CONTRACTOR work which will not
be observed. However, through more extensive periodic visits and on-site observations of
the work in progress than provided through the Administration of Construction Work and
by field check of materials and equipment by the RPR and assistants, ENGINEER shah
endeavor to provide further protection for OWNER against defects and deficiencies in the
work of CO~CTOR; but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods, techniques,
sequences or procedures or for safety precautions or program% or responsibility for
CONTRACTOR's failure to perform the Work in accordance with the Contract
Documents.
The duties and responsibilities of the RPR are limited to those of ENGINEER in
ENGINEER's agreement with the OWNER and in the construction Contract Documents,
and are further limited and described as follows:
A. General
RPR is ENGINEER's representative at the site, will act as directed by and under
the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions.
RPR's dealings in matters pertaining to the on-site work shah in general be with
ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings
with subcontractors shall only be through or with the full knowledge and approval of
CONTRACTOR. RPR shah generally communicate with OWNER with the knowledge of
and under the direction of ENGINEER.
B. Duties and Responsibilities of RPR
1. SCHEDULES: Review the progress schedule, schedule of Shop Drawing submittals and
schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning
acceptability.
22
2. CONFERENCES AND MEETINGS: Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress meetings, job conferences and other project-related
meetings, and prepare and circulate copies of minutes thereof.
3. LIAISON:
· a. Serve as ENGINEER's Haison with CONTRACTOR, working principally
though CONTRACTOR's superintendent and assist in understanding the intent of the
Contract Documents; and assist ENGINEER in serving as OWNER's liaison with
CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations.
b. Assist in obtaining from OWNER additional details or information, when
required for proper execution of the Work.
4. SHOW DRAWINGS AND SAMPLES:
a. Record date of receipt of Shop Drawings and ~mples.
b. Receive samples which are furnished at the site by CONIIL~CTOR, and
notify ENGINEER of availability of samples for e:camlnation.
c. Advise ENGINEER and CONTRACTOR of the commencement of any
Work requiting a Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
5. REVIEW OF WORK, REJECTION OF DEFECTIVE WORK, INSPECTIONS
AND TESTS:
a. Conduct on-site observations of the Work in progress to assist ENGINEER
in determining ff the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to ENGINEER whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has
been damaged, or does not meet the requirements of any inspection, test or approval
required to be made; and advise ENGINEER of Work that RPR believes should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
c. Verify that tests, equipment and systems startups and operating and
maintenance training are conducted in the presence of appropriate personnel, and that
CONTRACTOR maintains adequate records thereof; and observe, record and report to
ENGINEER appropriate details relative to the test procedures and startups.
23
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report to
ENGINEER.
6. INTERPRETATION OF CONTRACT DOCUMENTS: Report to ENGINEER when
clarifications and interpretations of the Contract Documents are needed and transmit to
CONTRACTOR clarifications and interpretations as issued by the ENGINEER.
7. RECORDS:
a. Maintain at the job site or other suitable location orderly t'des for
correspondence, reports of job conferences, Shop Drawings and samples, reproductions of
original Contract Documents including aH Addenda, Change Orders, Field Orders,
additional Drawings issued subsequent to the execution of the Contract, ENGINEER's
clarifications and interpretations of the Contract Documents, progress reports, and other
Project related documents.
b. Prepare or obtain a diary or log book or marked up plans or sketches,
photographs or videos, recording CONTRACTOR hours on the job site, weather
conditions, data relative to questions of Change Orders or changed field conditions, changes
in the Construction from the Contract Documents, list of job site visitors, daily activities,
decisions, observations in general and specific observations in more detail as in the case
of observing test procedures; and maintain records and send appropriate copies to
ENGINEER.
c. Record names, addresses, and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
8. REPORTS:
a. Furnish ENGINEER periodic reports as required of progress of the Work
and of CONTRACTOR's compliance with the progress schedule and schedule of Shop
Drawing and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests, inspections
or start of important phases of the Work.
c. Draft proposed Change Orders, obtaining backup material from
CONTRACTOR and recommend to ENGINEER Change Orders, and Field Orders.
d. Report immediately to ENGINEER and OWNER upon the occurrence of
any accident.
24
9. PAYMENT REQUESTS: Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to ENGINEER, noting particularly the relationship of the payment
requests to the schedule of values, work completed, and materials and equipment delivered
at the site but not incorporated in the Work.
10. CERTIFICATES, MAINTF, NANCE AND OPERATION MANUALS: During the
course of the Work, verify that certificates, maintenance and operation manuals and other
data required to be assembled and furnished by CONTRACTOR are applicable to the items
actually installed and in accordance with the Contract Documents, and have this material
delivered to ENGINEER for review and forwarding to OWNER prior to f'mal payment for
the Work.
11. COMPLETION:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items requiring completion or correction.
b. Conduct f'mal inspection in the company of ENGINEER, OWNER and
CONTRACTOR and prepare a ~mal list of items to be completed or corrected.
c. Observe that all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
C. ljmitations of Authority
Resident Project Representative:
1 Shall not authorize any deviation from the Contract Documents or substitution
of materials or equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement
or the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of the
means, methods, techniques, sequences or procedures of construction unless such advice
or directions are specifically required by the Contract Documents.
5. Shah not advise on, issue directions regarding or assume control over safety precautions
and programs in connection with the Work.
25
6. Shah not accept Shop Drawings or ~mple submittals from anyone other than
CONTRACTOR.
7. Shah not authorize OWNER to occupy the Project in whole or in part.
8. Shah not participate in specialized field or laboratory tests or inspections conducted by
others except as specifically authorized by ENGINEER.
CONSTRUCTION SCHEDULE
CONTRACT I
Bid
Award
NTP
Construction
Bid
Award
NTP
Construction
CONTRACT III
Bid
Award
NTP
Construction
CONTRACT IV
Bid
Award
NTP
Note: Bermud~ sprigs are not readily 10/01]92 - 05/15/93 - A~'~'0'X'i~ate Eagle
avail. until May 15 or June, earliest Nesting Season (reduced availability of
Site for work)
RECEIVED rter and Holmes
ENGINEERS~ INC.
C ~ · 500 W, FULTON STREET
~ POST OFFICE BOX 2808
SANFORD, FLORIDA 32772;2808
APR
FAX #407-330-0639
April 14, ]992.cr~
~/TO: Mr. William A. Simmons, City Manager
Mr. Paul Moore, Director of Utilities
FROM: Paul E. Porter
RE: Contract IV - Site 10
Draft of Agreement for Engineering Services
We have just completed a draft of the agreement referenced above and are providing a copy for
each of you to review. The agreement contains provisions that follow FDER guidelines for
grant eligibility such as the basis of payment for services, the 5700-41 form, memorandum of
negotiation, etc. Once the agreement is finalized and executed, we need to furnish a copy of
it to FDER for review and consideration for eligibility under the grant.
We would request that both of you review the draft and let us know of any changes or
suggestions you may have. Once your review is complete and any changes made, we need to
meet and go through formal negotiations in accordance with the grant procedures.
In the event the agreement as drafted is satisfactory, we have executed the copies that are being
provided at this time. Please keep in mind that it is just a draft and we will be happy to discuss
any changes you may wish to make.
Thank you.
Enclosure
Z-/-27-
AGE DA I'~'~
N
NO.
RECEIVED O ~ L~ ENGINEERS, .INC.
,APR 14 1992 -~.,..o,-~.~. ~.,~,~.,
April 14, 1992 FS~HF ~#~o~
~1~ Oe~
MEMO~~
L/~TO: Mr. William A. Simmons, City Manager
Mr. Paul Moore, Director of Utilities
FROM: Paul E. Porter
RE: ContraCt IV - Site 10
Draft of Agreement for Engineering Services
We have just completed a draft of the agreement referenced above and are providing a copy for
each of you to review. The agreement contains provisions that follow FDER guidelines for
grant eligibility such as the basis of payment for services, the 5700-41 form, memorandum of
negotiation, etc. Once the agreement is fmalized and executed, we need to furnish a copy of
it to FDER for review and consideration for eligibility under the grant.
We would request that both of you review the draft and let us know of any changes or
suggestions you may have. Once your review is complete and any changes made, we need to
meet and go through formal negotiations in aeeordance with the grant procedures.
In the event the agreement as drafted is satisfactory, we have executed the copies that are being
provided at this time. Please keep in mind that it is just a draft and we will be happy to discuss
any changes you may wish to make.
Thank you.
Enclosure
z-/-27-
~GENDA I:'f~k~ "
NO./{~
reck'oleo[ paper