301-CPH-Amendment 13 AMENDMENT NO. 13
TO AGREEMENT FOR CONTINUING SERVICES
DURING CONSTRUCTION OF
I-4 and S.R.46 ROADWAY IMPROVEMENTS
AS SHOWN IN THE AMENDED REDEVELOPMENT PLAN FOR
SEMINOLE TOWNE CENTER
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CONKLIN, PORTER AND HOLMES-ENGINEERS, INC.
This Agreement made on theTq-~day of JLd , 1994 between the CITY OF SANFORD, FLORIDA
(hereinaf~er called the CITY) and CONK~'ILER 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 heroin 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 CITY has previously entered into a Development Order with Sanford Interstate
Properties, a Florida Joint Venture (the DEVELOPER) for the development of Seminole Properties
Development of Regional Impact, and
WHEREAS, the CITY has implemented a Tax Increment Financing (TIF) Redevelopment District and
the CITY Commission sits as the Community Redevelopmerit Agency (CRA) and is in the process of
issuing bonds to construct the project as described in the Amended Redevelopment Plan for the
Seminole Towne Center Community Redevelopmerit Area dated June 1993, and
WHEREAS, the DEVELOPER through his consuiting Engineers is completing designs, engineering plans,
specifications, and certain bidding documents, permitting, and other services required as precedent to
bidding and construction of said facilities by the CRA, and
WHEREAS, the City of Sanford has an established relationship and continuing services agreement with
ENGINEER for provision of services and wishes to have separate or independent consultants representing
the CITY (CRA) during the construction of the project(s), and
WHEREAS, the ENGINEER is FDOT-quali~ed for FDOT project work including roadway construction
engineering inspection and utility and drainage construction and has personnel and capabilities to perform
the designated services,
NOW THEREFORE, the CITY and the ENGINEER for the considerations named hereinafter agree as
follows:
SECTION 1
PURPOSE OF AMENDMENT
1.1 General
1.1.1 This Amendment work is to generally provide for engineering services during the pra-
bidding, bidding, administration of construction, and resident project services during
construction, and other services as herein specified for designated projects.
1.1.2 The detailed purpose of this Amendment is to provide pre-bidding, bidding, Roadway
Construction Inspection, and Construction Administration Services on the S.R. 46 and I-4
improvements within the Seminole Towne Center Redevelopment Area including
designated appurtenant utilities and stormwater management facilities. The construction
work to be reviewed on behalf of the CRA by the Engineer prior to bidding as well as
construction work to be administered and inspected under this contract includes:
1.1.2.1 I-4/S.R.46 interchange ramp and signalization improvements, which includes eastbound
off-ramp improvements, westbound on-ramp and off-ramp improvements, plus auxiliary
lanes (eastbound and westbound) at the interchange, The construction work also includes
S.R.46 improvements from the I-4 interchange to CR 15. The ENGINEER will review prior
to bidding and subsequently administer and inspect during construction the above
proposed improvements as shown in construction drawings provided by the DEVELOPER
(titled, "Construction Plans for I-4/S.R.46 Roadway Improvements"), dated March 30,
1994.
1.1.2.2 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 sanitary sewer improvements, and construction
inspection, and administration of water system improvements for service to the Seminole
Towne Center Redevelopment Area.
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
hereinaf~er stated.
2,1.2 The ENGINEER will serve as the CITY's (CRA'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 (CRA) during the performance of these services.
The ENGINEER will perform the services for the City Commission under the direction of
the City Manager.
2.1.3 Subconsultant services of 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 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 (CRA).
2.1.4 Attached as Exhibit "A", is a Plan of Study which is hereby made a part of this
Amendment showing the scope of work contemplated, the time estimates, and overall cost
estimates for the initial scope of work generally descdbed herein.
2.1.5 Pre-Bid Phase
The CITY (CRA) will provide the ENGINEER with a written authorization to proceed.
2.1.5.1 Gather data from CITY (CRA) relating to the proposed construction.
2.1.5.2 Study and familiarize himself with all gathered data including permits, plans, and
specifications.
2.1.5.3 Perform general constructibility review of the project as designed and specified by others;
and consult with the CRA as to the results of the review,
2.1.5,4 Prepare an estimate as to the quantities necessary to construct the project.
2.1.5.5 Review permits and approvals in hand for completeness. Review and assist in
implementing and planning for conditions required by permits/approvals.
2.1.5,6 Prepare Contract Documents including drafting of the Bid Documents and utilizing
specifications and Contract Drawings prepared by the DEVELOPER.
2.1.6 Biddin~l Phase
Prepare draft or review advertisements for bids for placement in appropriate publications
by CITY (CRA) for initial construction contract. 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 suppliem for the contract.
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 (CRA) and with developer and his engineer on possible changes
required and issue addenda to the Documents as required for the contract.
2.1.6.4 Prepare for and aftend the Pre-Bid meeting, bid opening, and follow-up.
2.1.6.5 Summarize, tabulate, and evaluate the bids, investigate bidders' qualifications and assist
the CITY (CRA) in their selection of the construction contractor.
2.1.6.6 Consult with the CiTY (CRA) 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.
2,1.6.7 Prepare for CITY (CRA) 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 (CRA) in their
determination as to whether to issue a Notice to Proceed to the contractor on the contract.
2.2 Construction Administration and Inspection Services - CRA Contracted I-4/S.R.46
Improvements
The City (CRA) 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 (CRA) and will terminate upon wdtten approval of final payment by
the CRA for that contract. Dudng the construction period, the ENGINEER will:
2.2.1.1 Advise and consuit with the City (CRA) concerning the construction activities and will act
as the CRA'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 CRA at preconstruction, progress and project closeout meetings
with the Contractor and construction quality control testing personnel.
2.2.1.3 Make pedodic visits to the work site to observe the progress and report to the CRA 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 CRA that the completed projects
will substantially conform to the contract, plans, and specifications, but he will not be
responsible for the CONTRACTOR's failure to perform the construction work in
accordance with said documents; based on such on-site observation as an experienced
and qualified design professional, he will keep the CRA informed as to the progress of the
work, will endeavor to guard the CRA against defects and discrepancies and will
coordinate with the CRA 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 conformanco 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 (CRA) to the Contractors; prepare routine Change Orders
as required; he may, as the CRA'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
therounder by the City (CRA) and the Contractors and will make decisions on all claims
of the City (C _RA) 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 (CRA), determine the amount owing to the Contractors
and recommend approval in writing 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 (CRA) 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 and CRA 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-Contractom, 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 pedod for these activities will commence with the award of the
construction contract by the CRA (City) and will terminate upon written approval of final
payment by the CRA for that contract, Dudng this construction period, the ENGINEER
will:
2.2.2.1 Provide Resident Project Services including on-site observation and inspection of installed
work and work in progross. Vedfy Contractor compliance with plans, specifications,
change orders and field directives. Inspect work dudrig execution to observe construction
methods and techniques. Inspect delivered matedais on-site or at their source (not
including matedais 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 15 hours per week 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 1/3 time for one
project representative 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 bdng this situation to the CRA'S (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 CRA (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 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 dudng
construction; however, the ENGINEER is not responsible for the performance of the
construction contracts by the Contractor.
2.2.2.4 The ENGINEER shall coordinate his inspection services with the DEVELOPER's
representatives, specifically with the CRA's soils and materials testing firm representatives
and with other City (CRA) personnel that may from time to time provide inspection of the
work. The ENGINEER shall attend project progress meetings, representing the CRA at
such meetings and address items of CRA (City) concern to the other parties involved in
the overall project. ENGINEER shall also be available to attend joint project meetings with
the DEVELOPER on behalf of the CRA.
2.2.2.5 Soils and materials test results furnished by the CRA's (City) 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 prior 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 materials, compaction, etc.
2.2.2.6 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 CRA (City). Coordinate with the Contractor
regarding provision of the construction record drawings prior to final on-site inspections
and punchlist preparation. Prepare and furnish to the City a reproducible set of record
drawings showing those changes made during the construction based on the data noted
above.
SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1 If authorized by the CITY (CRA), the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY (CRA) may provide these services separately
or directly with the previder. Such additional services will be paid for by the CITY (CRA)
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, 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 CRA.
3.1.3 Except as 0theRvise 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 (CRA) 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 regulator,j agency requirements.
3.1.8 Additional services in connection with the project including services normally furnished by
the CITY (CRA) as described in Section 4 herein and services not otheRvise provided for
in this Agreement.
3.1.9 Provide CEI services on behalf of the CRA dudng construction, if required by the FDOT,
for the FDOT-jurisdictional proposed improvements.
SECTION 4
CITY (CRA) 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 (CRA'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 (CRA'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
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 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 (CRA's) expense, any
subconsultant services not designated in Section 2, if advised by the ENGINEER and
CITY (CRA) concurs that they are necessary.
4.1.9 Furnish, or direct the ENGINEER in writing to provide at the CITY's (CRA'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 (CRA) may require.
4.1.11 Give prompt written notice to the ENGINEER whenever the CITY (CRA) observes or
otherwise becomes aware of any defect in the Project.
SECTION 5
PAYMENT
6.1 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 sentices described herein and rendered by principals
and employees assigned to the Project will be computed by multiplying Direct Personnel
Expense (defined in paragraph 5.2.3 herein) times a factor of 1.95 plus all reimbursable
expenses. The fee for the engineering services for the Service described in Section 2,
plus out of pocket expenses as described in 5.2.1 below at actual cost thereof shall not
exceed $57,765.36 which includes $12,927.00 for plan review bidding services and
$44,838.36 for construction administration and inspection services.
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 Engineers 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 (CRA) 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 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 salades 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 pdor 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 pdor 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 subcensuitants 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 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 (CRA) 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 (CRA) 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 parties hereto have made and executed this Amendment the day
and year first above wdtten.
CITY:
City of Sanford, Flodda
ATTEST &SEAL . ~
ENGINEER:
Conklin, Porter & Holmes - Engineers, Inc.
ate: l
~,~
EXHIBIT A
PLAN OF STUDY
PRE-BID, BID PHASE, CONSTRUCTION ADMINISTRATION, AND INSPECTION
I-4/S.R.46 IMPROVEMENTS
AS SHOWN ON THE AMENDED REDEVELOPMENT PLAN
FOR SEMINOLE TOWNE CENTER
TIME IN MANHOURS
DESCRIPTION OF TASK P E T/I D S EXPENSES
2.1.5 and Pre-Bid and Bid Phase
2.1.6 Services
2.1.5,3 Perform Constructibility 4.5 70.0 30,0 3.0
Review of the Construction
Plans and Specifications
Consult with City/CRA as to 4.0 4,0 1.0 1.0
the results of the
Constructibility Review
2.1.5.4 Preparation of Quantities for 2.0 8,0 47.0 1.0
Construction
2.1,5.5 Review Permits and 1.0 1.0
Approvals
2.1,5.6 Prepare Contract 2.0 20.0 2.0 3.0 3.0 $30.00
Documents
2.1.6.1 Distdbute up to 30 copies of 2.0 $1,750.00
Contract Documents
2.1.6.2 thru Bid Phase Coordination 3.0 15.0 1.0 4.0 3.0
2.1.6.7
2.2 and Construction
2.3 Administration and
Inspection
Inspection (Assumed
Duration of 40 weeks) 600 $1,600.00
Administration (Assumed
Duration of 40 weeks) 40.0 20.0 200 40.0 $175.00
Preparation of Record 40 $40.00
Drawings
TOTAL 64,5 132.0 842 94 53.0 $3,595.00
Salary Cost = $18,770.05 Plan Rev. &Bidding Construction Admin.
x 1.48 x 1.95 = 54,170.36 &Inspection
Out-of-Pocket
Expenses = 3,595.00 $12,927.00 $44,838.36
Total Estimated Fee $57,765.36