301-CPH-Amendment 18 DURING CONSTRUCTION OF
SANFORD AVENUE UTILITY RELOCATION
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CONKLIN, PORTER AND HOLMES-ENGINEERS, INC.
This Agreement made on the c2Z~day of/t~-~IY' , 1995 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 17, 1987, 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
17, 1987, this Amendment shall govern the work described herein.
WHEREAS, the ENGINEER has previously provided final design services for this project under a
letter agreement authorization dated June 11, 1993, and
WHEREAS, the CITY is pursuing construction of the designed improvements.
NOW THEREFORE, the CITY and the ENGINEER for the consideration named herein agree as
follows:
SECTION 1
PURPOSE OF AMENDMENT
1.1 General
1.1.1. This Amendment work is to generally provide for engineering services during the pre-bidding,
bidding, administration of construction, and limited, periodic inspection of construction, and
other services as hereln specified for the designated improvements.
1.1,2 This Amendment is based on the scope of construction work detailed in ti~e plans for the "City
of Sanford, Sanford Avenue Utility Relocation" project.
1.1.3 Proposed improvements consist of construction of approximately seventy-nine hundred (7,900)
linear feet of water main, and approximately twenty six hundred (2,600) linear feet of sanitary
sewer force main which will be constructed by the County's selected contractor for Seminole
County's roadway project. The construction contract time totals three hundred sixty (360}
calendar days from the date of Notice to Proceed to final project completion with substantlal
completion to be accomplished in three hundred thirty (330) days.
SECTION 2
SCOPE OF CONSTRUCTION RELATED 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.
2.2 Bidding Services:
Services for this task have been provided at the CITY's request prior to execution of this
Amendment to assist the CITY in moving quickly and coordinate with Seminole County to
define the limits of the CITY's project encroaching into contaminated areas and assist the CITY
and County to establish a formula to estimate the CITY's financial responsibility for clean up.
Also provided were Contract Documents / Construction Plans reproduction and distribution to
Seminole County for bidding purposes, ENGINEER also responded to questions from bidders
regarding the contract documents during the bidding period and assisted the CITY in preparing
addenda to the contract documents prior to bidding. Assistance was provided to the CITY in
the review of submit-ted bids and other required documentation, tabulation of bids, and
reviewing bids.
2,3 Construction Administration Services:
ENGINEER will participate in a preconstruction conference with the County-selected contractor.
ENGINEER will assist the CITY to interpret the Documents and assist the CITY in preparing
change and/or field orders, and will make periodic visits to the site. The CITY is to process
contractor's requests for payment. Because of the unknown extent of change orders, work by
ENGINEER on project change orders will be billed as an "Additional Service" (for the personnel
directly involved in the Change Order processing) under the billing provisions described
elsewhere in this Amendment. ENGINEER will also provide written reports to the CITY on it's
periodic inspection of work in progress and will communicate with CITY inspectors on job
progress and hell5 resolve questions during the construction progress.
2.4 Construction Inspection Services:
Under this item the ENGINEER will provide limited, periodic inspection during construction to
assure that construction will be in general compliance with approved design plans to be able
to certify the improvements to the applicable agencies. It is understood that CITY staff along
with the consultant hired by the County will provide the bulk of the inspection services. CITY
inspector is to provide ENGINEER with inspection reports for his review and will regularly
communicate with ENGINEER. ENGINEER will monitor the inspection process and review the
reports and when appropriate, assist CITY staff so that construction completion can be certified
to appropriate regulatory agencies.
2.4.1 For purposes of this Amendment and calculation of the ENGINEER's fee, we have included as
ENGINEER's involvement in the construction inspection process, no more than 1.5 hours/week
for a 52 week construction period. ENGINEER's inspector would work under the direct
supervision of a firm's Professional Engineer and would report directly to him inspection findings
to determine if construction is in substantial conformance with the Contract Documents and
for certification purposes.
2.5 Contract Close Out and As-Built Certification:
Under this item the ENGINEER proposes to assist the CITY in preparation of the Close Out
Documents of the Contract, to attend a close-out inspection of the project, and to review as-
built plans provided to us by the contractor and verify their substantial compliance with the
design drawings. If acceptable, the ENGINEER will prepare certification documents for approval
by regulatory agencies in clearing the system for use.
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.
3.1.2 Resident Project Representative services.
3.1.3 Additional services due to significant changes in the scope of the project or its d~sign 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.
3.1.4 Provide through subconsultants, surveys, soils, electrical, 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 or.
3.1.5 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.
3.1.6 Additional services resulting from public protests, administrative hearings, or similar matters.
3.1.7 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.
3.1.8 Furnishing additional sets of prints of drawings and other Documents beyond those designated
in the Contract Documents.
3.1,9 Additional engineering services required by revisions to regulations (after the date of this
Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns
River Water Management District, Corps of Engineers, Seminole County, FDOT, or other
regulatory agency requirements.
3.1.10 Additional services in connection with the project including services normally furnished by the
CITY as described in Section 4 herein and s~rvices not otherwise provided for in this
Agreement.
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 CtTY concurs that they
are necessary.
4.1.9 Furnish, or direct the ENGINEER in writing to provide 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.
4.1.11 Give prompt wri~en notice to the ENGINEER whenever the CITY observes or otherwise
becomes aware of any defect in the Project.
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 of 5.2.1 at actual cost thereof shall not exceed $17,111.83.
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 travelling in connection with the project, toll telephone calls, telegrams,
prints, photocopies, and similar project-related items.,
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 sataries 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).
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 without increase.
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 judgement 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 llability 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 contractor 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.
A ST & SEAL
Sanpos.lmg
SANFORD AVENUE UTILITY RELOCATION
CONSTRUCTION SERVICES
ITEM DESCRIPTION P { E T D S EXPENSES
.,DD,NG' .....
Assist the City to coordinate with Seminole County to define the limits that the CITY's
project encroaches the contaminated areas and work out an agreement with Seminole
County. Also, assist the City with coordination with bidders during the bid period,
including reproduction of specifications and plans for distribution to Seminole County, -
issuance of addenda, receipt of bids including attendance at the bid opening, evaluation Services provided to date 93,479.42 )
of the bids, preparation of bid review package and tabulation, a recommendation to the
City as to award of bid.
" ........... ~ PIll (:ON',;'I'IltJCI ION CONI'I.III NCE (j 4 2 9100.00
Assist the City with a proconstruction conferences with the County's Contractors, the
affected utility companies and others that the City might wish to attend. Specific items
to be addressed in the preconstruction conference include:
Identification and duties of the project engineer and manager
Identification and duties of project inspectors, Contractor's
Superintendent and Foreman, Owner and Utility representatives
Discussion of plans, specifications and project scope
Project overall schedule and individual segment schedule
Project overall coordination and sequencing with County's roadway
project )
Subcontractors and responsibility for subcontracted work
Inspection, testing and certification of completed work
Permitting status and permit conditions
Addressing Contractor questions
Property access during construction
Contractor pay requests and their processing ..
Change orders and their processing
Other items as the City, Engineer, Utility, and Contractor may wish to discuss
Page Total .00 6.00 4.00 .00 2.0 9100.00
SANFORD AVENUE UTILITY RELOCATION
CONSTRUCTION SERVICES
~ . I~,M, DESCRIPTION P E T D S EXPENSES
2 coNs'rriu<:'r oN
COnt' ,
Review Contractor submitted shop drawings and material submittals including insurance 4 8 2
certificates, schedules, performance bonds, etc.
(Contractor pay request will be processed through the City, however, CPH will be
available for any requested assistance, coordination and discussions with City Inspector.)
Coordinate on a periodic basis with the Contractor as to project schedule in relation with 2 4 8 2 $100.00
overall County's roadway work, amount and location of completed work and proposed
location and schedule for remaining work. Make periodic site visits. Coordinate with City
and contractors to update overall project schedules and advise City as to anticipated
scheduling concerns.
I fASK 3 CONSrI~IICrff)N ~NSPI:C'rK)N
Periodically inspect work in progress, supplementing the City Inspector, to determine 4 30 78 12 S400.00
general compliance with the Contract Documents and reasonable construction practice.
Note that the above is intended to be periodic inspection as the work progresses, with
total on-site inspector time not exceeding 1.5 hours per week over a 360 calendar day
construction (52 week) period.
It is intended that this inspection be on a regular and as needed supplementary basis
depending on the number of Contractor crews working simultaneously on the job,
unforeseen site problems, etc. required misc. office coordination, meeting & etc.
Page Total 6 38 90 O0 16 $500.00
,,
SANFORD AVENUE UTILITY RELOCATION
CONSTRUCTION SERVICES
J ITEM DESCRIPTION P E T D S EXPENSES
Prepare FDEP certification forms. 4 6 4 ~150.00
Upon project completion, assist Contractor to prepare closeout documentation, conduct
substantial completion and final inspections, prepare punch lists for required work, 1 8 15 10 4 ~200. ~)
assemble closeout package including review of Contractor provided "as-builts", and
results of final job site inspection.
Page Total 1 12 21 10 8 ~350.00
Special Note:
Additional services anticipated as being required but no included in the scope and fee itemized
above are to be provided upon City request and billed according to the provisions in Amendment 12,
Section 5, These billings are to be additional to the overall total shown hereon. These additional services include:
Prepare project change orders for City, Engineer, or Contractor initiated changes. Coordinate
with the contractor, and City regarding changes to the plans or specifications to accommodate
unanticipated existing field conditions. Design minor changes to the proposed system to
accommodate changed conditions and coordinate and negotiate with the Contractor and City as to
the need for project change orders for the work. )
Additional inspection or other additional work as required and requested by the City beyond
the levels or scope enumerated in the above Plan of Study.
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