301-CPH-Amendment 14 Amendment No. 14
To Agreement For Continuing Services
During Construction of:
Water Line Extension - Oregon Avenue/Hughy Avenue
From C.R. 46-A to Towne Center Boulevard
Utility Line Extensions - St. Johns Parkway East
Electrical and Piping Improvements at the
French Avenue Water Booster Plant
Between
The City of Sanford, Florida
And
Conkiln, Porter and Holmes-Engineers, Inc.
This Agreement made on the~'~'l~ day of d/.~ly ,1994 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 for the work described herein.
WHEREAS, the ENGINEER has previously prepared a MasterWater Plan (1986) and done
a subsequent water system analysis for the CITY and under Amendment 40 is amending, supplementing,
and updating the Master Water Plan, and
WHEREAS, the existing Master Water Plan calls for the extension of the CITY water
system westward toward Interstate 4, and
WHEREAS, the CITY is entering in Agreements with Seminole Towne Center, other
developments, and Seminole County to provide water service within this westedy area and south of
Sanford, and
WHEREAS, the ENGINEER has performed Engineering Designs and Construction
Documents for watermain extensions from the south and west to the western service areas, a reclaimed
water main and force main extension from the west to Seminole Towne Center, and for providing an
auxiliary power source and piping improvements at the French Avenue Booster Station,
NOW THEREFORE, the CITY and the ENGINEER for the considerations 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 bidding,
administration of construction, and resident project services dudng construction, and other
services as herein specified for designated projects.
1.1.2 The detailed purpose of this Amendment is to provide bidding, Utility Construction
Inspection, and Construction Administration Services on the water main extension along
Hughy Avenue and Oregon Avenue, and utility main extensions from Central Park Drive
to Rinehart Road via Coastline Drive and St. Johns Parkway East. Both of these
extensions are for the purpose of serving the mall and other areas within the Seminole
Towne Center Redevelopment area. This Amendment is also to provide Construction
Administration Services for the improvements at the French Avenue Water Booster Plant.
1.1.2.1 It is anticipated that other professional service work not included in this Amendment will
be subsequently negotiated and authorized. These subsequent authorizations would
cover, but not necessarily be limited to construction inspection, and administration of water
system improvements for service along south Sanford Avenue.
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
hereinafier 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 dudrig the performance of these services. The ENGINEER
will perforro the services for the City Commission under the direction of the City Manager.
2.1.3 The Engineer will obtain from others the following subconsultant services:
A. Construction inspection, submittal review and start-up services as necessary for
the electrical work at the Booster Plant.
2.1.4 Other subconsultant services (soils, surveying, environmental scientist 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) 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.
2.1.5 Attached as Exhibit "A", "B" and "C" are Plans of Study which are 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.
2.1.6 Biddin~l Phase
Prepare draft or review advertisements for bids (separately for the Hughy-Oregon; St.
Johns Parkway East; and French Avenue Water Booster Plant projects) for placement in
appropdate publications by CITY for initial construction contracts. To generate contractor
interest in the project work and in an effort to enhance competition, ENGINEER will send
copies of the Advertisement to potential bidders to notify them of the bid letting(s).
2.1.6.1 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 for each of the
three projects.
2.1.6.2 Answer questions of bidders and suppliers. No interpretations of the Documents will be
made other than through issuance of Addenda to the Documents.
2.1.6.3 Coordinate with CITY on possible changes required and issue addenda to the Documents
as required for the contract.
2.1.6.4 Prepare for and attend the bid opening and follow-up.
2.1.6.5 Summarize, tabulate, and evaluate the bids, investigate bidders' qualifications and assist
the CITY in their selection of the construction contractor for the three projects.
2.1.6.6 Prepare for CITY attorney review, 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 each contractor of each of the three contracts.
2.2 Construction Administration and Ins0ection Services
For each project: Water Line Extensions - Hughy and Oregon Avenues, Utility Extensions
- St. Johns Parkway East, and the French Avenue Water Booster Plant Improvements, the
CITY will provide the ENGINEER with a written authorization to proceed.
2.2.1 Construction Administration Services
The construction period for these activities will commence with the award of construction
contract by the CITY and will terminate upon wr~en approval of final payment by the CITY
for that contract. During the construction pedod, the ENGINEER will:
2.2.1.1 Advise and consult with the CITY concerning the construction activities and will act as the
CITY's representative as provided in the General Conditions of the Contract Document
concerning construction administrative matters as hereinafter described.
2.2.1.2 Attend and represent the CITY at preconstruction, progress and project closeout meetings
with the Contractor and construction quality control testing personnel.
2.2.1.3 Make periodic visits to the work site to observe the prograss 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. 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; his
efforts will be directed toward providing assurance to the CITY that the completed projects
will substantially canform 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
failing to meet the project plans, specifications or other Contract Documents.
2.2.1.4 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.
2.2.1.5 Issue all instructions of the CITY to the Contractors; prepare routine Change Orders as
required; he may, as the CITY's representative, require special inspection or testing of
the work (whether or not fabricated, installed or completed); he will act as interpreter of
the terms and conditions of the Contract Documents and judge of the performance
thereunder by the CITY and the Contractors and will make decisions on all claims of the
CITY and the Contractors relating to the execution and progress of the work and all other
matters and questions related thereto; but the ENGINEER shall not be liable for the
results of any such interpretations or decisions rendered by him in good faith.
2.2.1.6 Based on his on-site observations as an experienced and qualified design professional
and on his review of the Contractor's applications for payment, supporting data, and
information received from the CITY, determine the amount owing to the Contractors and
recommend approval in wdting payment to the Contractors in such amounts; such
recommendations 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 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 Contractors have
used the monies paid on account of the Contract Pdce, or that title to any of the
Contractors' work, materials, or equipment has passed to the CITY free and clear of any
liens, claims, security interests or encumbrances. Such representations shall at no time
be considered as a legal obligation of the ENGINEER,
2.2.1.7 The ENGINEER will, in conjunction with other CITY representatives conduct punchlist 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.
2.2.1.8 The ENGINEER shall not be responsible for the acts or omissions of the Contractors or
of any the Contractors, Sub-Contractors, Agents, Employees, or other persons performing
any of the work under the construction contracts, or of others.
2.2.2 Construction Inspection Services
The construction period for these activities will commence with the award of the
construction contract by the CITY and will terminate upon written approval of final payment
by the CITY for that contract. During this construction pedod, the ENGINEER will:
2.2.2.1 Provide Resident Project Services including on-site observation and inspection of installed
work and work in progress. Verify Contractor compliance with plans, specifications,
change orders and field directives. Inspect work during execution to observe construction
methods and techniques. Inspect delivered materials on-site or at their source (not
including materials testing to be provided by others) as to compliance with the Contract
Documents. For purposes of this contract, Resident Project Services shall consist of
unscheduled and scheduled site visits totalling approximately 6.0 hours per week for the
Hughy/Oregon project; 8.0 hours per week for the St. Johns Parkway East project; and
5.0 hours per week for the French Avenue Booster Plant project. These site visits will be
on a continuing basis for construction inspection (in addition to construction administration
services separately enumerated in 2.2.1 and following paragraphs). Neither full-time
observation at any work site nor observation of all work sites while Contractor is working
is anticipated as necessary. Actual time spent inspecting shall be dependent on observed
on-site conditions and events but it is estimated to be approximately between 19% and
23% time for one project representative, for each project, as noted above. If it is
determined that, due to construction progress (or lack thereof) or other related matters
that additional time and cost or other changes than enumerated in this scope of services
or in the attached Plan of Study are required to adequately address the construction
inspection or administration items; the ENGINEER is obligated to bring this situation to the
CITY's attention and to furnish services as may be agreed upon and to negotiate a
change in the authorized fee.
2.2.2.2 Through on-site observations of the work in progress and field checks of installed work,
materials and equipment, the ENGINEER will endeavor to provide further protection for
the CiTY against defects and deficiencies in the work, but this inspection and observation
work shall not make the ENGINEER responsible to find or note all discrepancies in the
work nor for the Contractor's failure to perform the construction work in accordance with
the plans, specifications or other contract documents. Note that the construction
inspection observation and inspections are to be supplementary to those provided under
the Construction Administration Services described in paragraph 2.2.1.
2.2.2.3 For the French Avenue Water Booster Plant work, the ENGINEER will coordinate with the
electrical sub-consultant the electrical construction inspection, electrical submittals, and
start-up services of the electrical equipment.
2.2.2.4 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 ENGINEER is not responsible for the performance of the
construction contracts by the Contractor.
2.2.2.5 The ENGINEER shall coordinate his inspection services with the CITY'S soils and
materials testing firm representatives and with other CITY personnel that may from time
to time provide inspection of the work. The ENGINEER shall attend project progress
meetings, representing the CITY at such meetings and address items of CITY concern to
the other parties involved in the overall project.
2.2.2.6 Soils and materials test results furnished by the CITY'S testing firm shall be reviewed by
the ENGINEER to help determine if installed fill and other materials or substitutions meet
the project requirements. The ENGINEER shall maintain a file of provided copies of test
results and during the construction process and pdor to approval of the Contractor's final
pay request, review the plans and test results to determine whether all required testing
is on hand and that all tests reported acceptable matedais, compaction, etc.
2.2.2.7 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 pdor to final on-site inspections and punchlist
preparation. Prepare and furnish to the CITY a reproducible set of record drawings for
each of the three projects showing those changes made dudng the construction based on
the data noted above.
SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1 If authodzed 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 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 dudng the course of the work, they may be
considered for authorization as an additional service under this Section or separately
provided by the CITY.
3.1.3 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.
3.1.4 Additional services resulting from public protests. administrative hearings, or similar
matters.
3.1,5 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.
3.1.6 Furnishing additional sets of pdnts of drawings and other Documents beyond those
designated in Section 2.
3.1,7 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.
3.1.8 Additional services in connection with the project including services normally furnished by
the CITY as described in Section 4 herein and services not otheRvise 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 coverod 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
pdvate 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 govemmental 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.
4.1.1 1 Give prompt written notice to the ENGINEER whenever the CITY observes or otheRvise
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 heroin 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 $47,639.69. The total cost consists of $10,034.00 for the Water Line Extensions -
Hughy and Oregon Avenues; $17,938.61 for Utility Line Extensions - St. Johns Parkway
East; and $19,667.08 for the French Avenue Water Booster Plant Improvements.
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, pdnts, 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 salades and wages
paid to principals and employees of all classifications engaged directly on the Project, plus
the cost of fdnge benefits including but not limited to, social security contributions,
worker's compensation, health and retirement beneffis, 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, headng 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 constraction Contractor's method of determining pdces, 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 dghts 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 developer and his Engineers, construction
Contractors and others involved.
IN WITNESS WHEREOF, the pa~ies hereto have made and executed this Amendment the day
and year first above written.
CITY:
ATTEST & SEAL i o an , od a
/tk/ Conklin, Porter & Holmes - Engineers, Inc.
A &S L
Date: ~/~, /~'~/
EXHIBIT A
PLAN OF STUDY
BID PHASE, CONSTRUCTION ADMINISTRATION, AND INSPECTION
WATER LINE EXTENSION - HUGHY AND OREGON AVENUES
TIME IN MANHOURS
DESCRIPTION OF TASK P E T/| D S EXPENSES
2.1.6 Bid Phase Services
2.1.6.1 Prepare bid advertisement;
thru 2.1.6.4 prepare and distribute
contract documents to
bidders; answer
bidder/supplier questions;
attend bid opening. 1.5 10.0 2.0 12.0 $ 750.00
2.1.6.5 Evaluate bids; investigate
bidders' qualifications, assist
City in selection of
Contractor. 1,5 5.0 6.0 3.0 1.0
2.1.6.6 Obtain bonds, insurance
certificates from Contractor;
prepared conformed
documents; assist City in
determination as to
issuance of Notice to
Proceed. 1.5 2.0 4.0 3.0
2.2 and Construction
2.3 Administration and
Inspection
Inspection (Assumed
Duration of 13 weeks) 4.0 78.0 $400.00
Administration (Assumed
Duration of 13 weeks) 4.0 8.0 26 12.0 $ 75.00
Preparation of Record
Drawings 0,5 2.0 8.0 $ 25.00
TOTAL 13.0 25.0 118.0 11.0 28.0 $1,250.00
Salary Cost = $ 3,043.66 Bid Phase Services Construction Admin.
x 1.48 x 1.95 = $ 8,784.00 &Inspection
Out-of-Pocket
Expenses = $1,250.00 $3,046.19 $6,987.81
Total Estimated Fee $10,034,00
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EXHIBIT C
PLAN OF STUDY
BID PHASE, CONSTRUCTION ADMINISTRATION, AND INSPECTION
UTILITY LINE EXTENSIONS - ST. JOHNS PARKSNAY EAST
TIME IN MANHOURS
DESCRIPTION OF TASK P E T/I D S EXPENSES
2.1.6 Bid Phase Services
2.1.6.1 Prepare bid advertisement;
thru 2.1.6.4 prepare and distribute
contract documents to
bidders; answer
bidder/supplier questions;
attend bid opening. 2.0 12.0 2.0 12.0 $ 750.00
2.1.6.5 Evaluate bids; investigate
bidders' qualifications, assist
City in selection of
Contractor. 2.0 6.0 6.0 4.0 1.0
2.1,6.6 Obtain bonds, insurance
certificates from Contractor;
prepared conformed
documents; assist City in
determination as to
issuance of Notice to
Proceed. 2,0 4.0 4.0 3,0
2.2 and Construction
2.3 Administration and
Inspection
Inspection (Assumed
Duration of 21 weeks) 168.0 $650.00
Administration (Assumed
Duration of 21 weeks) 21.0 12.0 63 21.0 $125.00
Preparation of Record
Drawings 1.0 2.0 8.0 $ 25.00
TOTAL 28.0 34.0 245.0 12.0 37.0 $1,550.00
Salary Cost = $ 5,678.66 Bid Phase Services Construction Admin.
x 1.48 x 1.95 = $16,388.61 &Inspection
Out-of-Pocket
Expenses = $1,550.00 $3,448.00 $14,490.61
Total Estimated Fee $17,938.61