301-CPH-Amendment 12 AMENDMENT NO. 12
TO AGREEMENT FOR CONTINUING SERVICES
DURING CONSTRUCTION OF
LAKE MARY BOULEVARD UTILITY RELOCATION
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CONKLIN, PORTER AND HOLMES-ENGINEERS, INC.
This Agreement made on the.2~F day of ,)~'~z~ , 199~'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 10arties, 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 hereln.
WHEREAS, the EINGINEER 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:
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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 herein specified for the designated improvements.
1.1.2 This Amendment is based on the scope of construction work detailed in the plans for
the "City of Sanford, Lake Mary Boulevard Utility Relocation" project.
1,1.3 Proposed improvements consist of construction of approximately seventy-two hundred
(7,200) linear feet of water main, and approximately six thousand (6,000) linear feet
of sanitary sewer force main which will be constructed by the City's selected contractor
and coordinated with 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 substantial 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 to bid the project and award the
contract. Services provided included assisting the City through the bidding process.
City standard front-end documents were assembled including project technical
specifications. Also provided were Contract Docment reproduction and distribution of
the contract documents (including record keeping of document distribution) to plan
rooms, bidders and others upon request. 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 submitted bids and other required documentation,
tabulation of bids, reviewing bids and checking contractor references and in making a
recommendation to the CITY concerning award of a contract for the project.
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2.3 Construction Administration Services:
ENGINEER will participate in a preconstruction conference with the City-selected
contractor and with the County's roadway contractors. ENGINEER will assist in
processing the contractor supplied information such as performance bonds, insurance
certificates, schedules, subcontractor data, shop drawings and material submissions,
etc., to determine if they are in substantial compliance with the Contract Documents.
ENGINEER will 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 wdtten
reports to the CITY on it's periodic inspection of work in progress and will communicate
with CITY inspectors on job progress and help resolve questions during the construction
progress.
2.4 Construction Inspection Services:
Under this item the ENGINEER will provide limited, periodic inspection during
construction providing assistance to CITY staff who 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 3 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.
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SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY may provide these services separately or
directly with the provider. Such additional services will be paid for by the CITY as
outlined in Section 5.
3.1.2 Resident Project Representative services.
3.1.3 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.
3.1.4 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 services not otherwise provided for
in this Agreement,
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SECTION 4
CITY RESPONSIBILITIES
4.1 The CITY will:
4.1.2 Advise the ENGINEER of his requirements for the project and designate a person to act
as the CITY's representative with respect to the work to be performed under this
Amendment, and such person shall have complete authority to transmit instructions,
receive information, interpret and define the CITY's policies and decisions pertinent to
the work covered by this Amendment.
4.1.3 Obtain and provide data requested that is reasonably available on the project along with
operational and maintenance requirements and easement and right-of-way requirements.
4.1.4 Guarantee access to and make all provisions for the ENGINEER to enter upon public and
private lands as required for the ENGINEER to perform his work under this Amendment.
4.1.5 Make facilities accessible for inspection.
4.1.6 Examine all studies, reports, sketches, schedules, and other documents presented by
the ENGINEER and render decisions pertaining thereto within a reasonable time so as
not to delay the work of the ENGINEER.
4.1.7 Assist in obtaining approval of all governmental authorities having jurisdiction over the
project, and such approvals and consents from such other individuals or bodies as may
be necessary for completion of the Project.
4.1.8 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any
subconsultant services not designated in Section 2, if advised by the ENGINEER and
CITY concurs that they are necessary.
4.1.9 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense, necessary
additional services as stipulated in Section 3 of this Amendment, or other services as
required.
4.1.10 Provide such legal, accounting, financial and insurance counseling services as may be
required for the project, and such auditing services as the CITY may require.
4.1.11 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise
becomes aware of any defect in the Project.
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SECTION 5
PAYMENT
5.1 Payment
Payment for services and expenses of the ENGINEER to be as set forth below:
5.1.1 Principals and Employees of the ENGINEER.
5.1.2 Compensation paid ENGINEER for services described herein and rendered by principals
and employees assigned to the Project will be computed by multiplying Direct Personnel
Expense (defined in paragraph 5.2.3 herein) times a factor of 1.95 plus all reimbursable
expenses. The fee for the engineering services for the Service described in Section 2,
plus out of pocket expenses of 5.2.1 at actual cost thereof shall not exceed
$25,484.87.
5.2 Reimbursed Expenses
5.2.1 Expenses for items not specifically valued herein are to be reimbursed to the ENGINEER
at the actual cost thereof. Said expenses shall include transportation and subsistence
of principals and employees, when traveling in connection with the project, toll
telephone calls, telegrams, prints, photocopies, and similar project-related items.
Moneys collected from plan holders in the form of "non-refundable bid deposits" for
Contract Document purchase, have been deducted from reproduction costs and have
been taken into consideration in the calculation of the ENGINEER's fee. Please refer to
the itemization in the Plan of Study attached.
5.2.2 The CITY will make prompt monthly payments in response to ENGINEER's monthly
statements without retention for all categories of services rendered under this
Agreement and for reimbursable expenses incurred.
5.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries and
wages paid to principals and employees of all classifications engaged directly on the
Project, plus the cost of fringe benefits including but not limited to, social security
contributions, worker's compensation, health and retirement benefits, bonuses, sick
leave, vacation and holiday pay applicable thereto. For purposes of this Amendment,
Direct Personnel Expense shall be considered an amount equal to 1.48 times applicable
salaries and wages.
5.2.4 Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding will be computed at a rate of $600.00 per day or any
portion thereof (but compensation for time spent in preparing to appear in any such
litigation, hearing or proceeding will be computed in accordance with the payment
method as set forth in Paragraphs 5.1.2 and 5.2.1 herein).
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5.2.5 If this Agreement is terminated during prosecution of the services prior to completion
of the services of Section 2, payments to be made in accordance with Paragraph 5.1.2
and 5.2.1 on account of that and all prior work under this Amendment shall be due and
payable, and shall constitute total payment for services rendered. In addition, upon
termination, the ENGINEER shall be paid for any additional services authorized and
rendered under Section 3.
5.2.6 Services provided by outside subconsultants will be billed at the direct cost 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
judgment as a design professional familiar with the construction industry, but the
ENGINEER cannot and does not guarantee that bids or the construction cost will not
vary from opinions of probable cost prepared by him. Similar limitations apply to
construction schedules reviewed or prepared by the ENGINEER.
6.2 The CITY and the ENGINEER each binds himself and his partners, successors,
executors, administrators and assigns to the other party of this Agreement and to
partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Amendment. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agency of any public body
which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the CITY and the ENGINEER.
6.3 The ENGINEER agrees to initiate work promptly upon receipt of authorization to proceed
and to prosecute the work in an expeditious and timely manner until the Project is
completed based on timely performance by the contractor and others involved.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year
first above written.
City of Sanford, Florida
ENGINEER:
Conklin, Porter & Holmes - Engineers, Inc.
ES.T & EAL ~
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LAKE MARY BOULEVARD UTILITY RELOCATION
CONSTRUCTION SERVICES
ITEM DESCRIPTION P E T D S EXPENSES
A!~!~.,~t fit(; Ca;y wslh (:oold'nahor) wllh I)idd(!rf~ d..rmg the .*)ld i)eriod..r~:hi(:m!l r(q)rodu~:l:on o[ 2.2b 34.0 53.75 9.75 21.25 9854.18
exchanges, etc., issuance of addenda, receipt of bids including attendance at the bid opening, Services provided to date 95,923.54 -9750.00
evaluation of the bids, review of references provided by the three lowest bidders arithmetical 9104. 18
review of the three lowest bids, preparation of bid review package and tabulation, an
recommendation to the City as to award of bid.
TASK 2 CONSTRUCTION ADMINISTRATION "::':'::::"::' :::::::::::::::::::
PRF. CONSTRUGTION CONFERi-NCE 6 6 2 9100.00
Assist the City with a preconstruction conferences with the City's Contractor and 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 2.25 40.00 59.75 9.75 23.25 9204.18
* Credit for Bid Deposits
LAKE MARY BOULEVARD UTILITY RELOCATION
CONSTRUCTION SERVICES
'ITEM DESCRIPTION P E T D S EXPENSES
TASK 2 CONSTR',JCTION ADMINI,~FRATION
schedules, performance bonds, etc.
(Contractor pay request will be processed though 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 overall County's 2 10 18 3 ~100.00
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.
TASK 3 CONSTRUCTION INSPECTION :'::'::':::' """':"':""
with the Contract Documents and reasonable construction practice. Note that the above is intended to be
periodic inspection as the work progresses, with total oneire inspector time not exceeding 3 hours per week
over a 860 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 10 49 182 0 35 ~600.00
LAKE MARY BOULEVARD UTILITY RELOCATION
CONSTRUCTION SERVICES
ITEM DESCRIPTION P E T D S EXPENSES
TASK · C)OSE OtJ r AND CERTI.r)CATION OF AS RLJIL'rS
Pr~!l:.,ir.:! FD.-'P ~:orlifi.:ntll:n +orl.tt~. 4 8 4 9150.00
Upon project completion, assist Contractor to prepare closeout documentation, conduct substantial 2 16 24 16 6 e200.00
completion and final inspections, prepare punch lists for required work, assemble closeout package
including review of Contractor provided "as-builts", releases of lien from all suppliers and
II subcontractors, results of final job site inspection, Warranties, etc.
Page Total 2 20 32 16 10 9350.00
Special Note:
Additional services anticipated as being required but not 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.
~dditional inspection or other additional work as required and requested by the City beyond
~ levels or scope enumerated in the above Plan of Study.
Payroll Cost = 916,439.65
x 1.48 24,3;30.69
Plus Expenses = 1~154.18
Total Not-to-Exceed Fee 925,484.87
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