301-CPH-Amendment 11DATE: FEBRUARY 18, 1994
TO: MAYOR AND CITY COMMISSION
FROM: CITY MANAGER WILLIAM A. SIMMONS
RE: CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES
TOWNE CENTER BOULEVARD, NORTH TOWNE ROAD, AND ST. JOHNS
PARKWAY
Amendment No. 11 to the Continuing Consulting Engineering Services
Agreement dated December 17, 1987 has been prepared to provide for
construction administration and inspection services for Towne
Center Boulevard, North Towne Road, and St. Johns Parkway. These
roadways are to be constructed utilizing Community Redevelopment
Agency funds generated from sale of Tax Increment Fund Bonds.
Estimated cost for services under this contract amendment is
$55,779.46.
It is recommended that this contract amendment be approved.
WAS/acd
(Clt~, Conx.) a:",.n,e~s\cph-amend.ll ITEM
RECElVE~.
Mr. William A. Simmons, P.E. FEB 181 4
City of Sanford ~
P. O~ Box 1788 ~i'P/OF SANF
Sanford, Florida 32772-1788
RE: Amendment No. 11
Construction Administration and Inspection Se~ices
Towne Center Boulevard, Norffi Towne Road, and St. Johns P~kway
Sanford, Florida
CPH Job Nos. S0613.01
S0613.02
D~ Mr. Simmons:
Attached per our discussions are two copies of Amendmere No. 11 m ~e Continuing Comulting
Engineering Se~ices Agreemere dat~ De~mber 17, 1987. ~is Amendment covers the
Cons~ction Adminis~ation and Cons~ction Inspection Se~ices m be provided by Co~lin,
Porter & Holmes-Engin~rs, Inc., on ~e roadway infras~cmre m sere ~e Seminole Towne
Center Mall.
Please review ~e final Amendment being provided to you and if acceptable, have it executed
by the City and return one copy to us for our records.
Please call if you have any questio~ concerning ~e attached.
Enclosure
jeb218.ss
AMENDMENT NO. 11
TO AGREEMENT FOR CONTINUING SERVICES
DURING CONSTRUCTION OF
TOWNE CENTER BOULEVARD AND NORTH TOWNE ROAD,
AND ST. JOHN'S PARKWAY
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 the day of/A,4f~-j,z , 1994 between the CITY OF SANFORD, FLORIDA
(hereina~er called the CITY) and CONKLIN, PORTER AND HOLMES-ENGINEERS, INC. (hereina~er
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 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 Redevelopment Agency (CRA) and is in the process of
issuing bonds to construct the project as described in the Amended Redevelopmerit Plan for the
Seminole Towne Center Community Redevelopment Area dated June 1993, and
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WHEREAS, the DEVELOPER through his consulting Engineers is completing designs, engineering plans,
specifications, certain bidding and contract documents, permitting, opinions of probable cost 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) dudrig the construction of the project(s), and
WHEREAS, the ENGINEER is FDOT-qualified 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 dudrig the
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 Roadway Construction Inspection
and Construction Administration Services on Seminole Towne Center Boulevard, North
Towne Road and St. John's Parkway including designated appurtenant utilities and
stormwater management facilities. Construction of Seminole Towne Center, itself, and
construction access roadways, including earthwork and a storm drainage outfall at the
north end of Towne Center Boulevard, are underway under a construction contract to the
DEVELOPER. The construction work to be administered and inspected under this
contract includes:
1.1.2.1 Construction Administration and inspection services on a construction access roadway to
serve Seminole Towne Center. This work, to be done within the rights of way of Towne
Center Boulevard and S.R. 46, is under a construction contract between the DEVELOPER
and his Contractor. The work is to be ultimately funded by the CRA. The construction
work to be completed under this contract is excavation and fill within Towne Center
Boulevard right-of-way from the Seminole Towne Center south entrance to S.R. 46, the
installation of primary drainage outfall piping and structures within Towne Center
Boulevard and S.R. 46 the connection of said drainage systems to Lockhart Smith Canal
and the construction of an established access road within the Towne Center right-of-way.
The work is to be constructed in accordance with plans and specifications prepared by the
DEVELOPER's Engineer and reviewed on behalf of the CRA by the ENGINEER.
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1.1.2.2 The remainder of roadway construction for the subject roadways, as well as the
installation of water, reclaimed water, storm drainage and sanitary sewer along and within
the rights-of-way of the subject roadway. This work is to be bid out and contracted for by
the CRA (City) using plans and technical specifications prepared by the DEVELOPER's
Engineer and reviewed by the ENGINEER and bid forms, general and special conditions
and other contract documents prepared by the ENGINEER.
1.1.2.3 It is anticipated that other professional service work not included in this Amendment will
be subsequently negotiated and authorized. These subsequent authorizations would
cover prebid review, bidding services and construction administration and inspection
services to other CRA funded roadway and utility work included in the Amended
Redevelopment Plan, including but not necessarily limited to roadway and utility
improvements on State Road 46 and Interstate 4 to serve the Seminole Towne Center and
other properties within the TIF district, and potable water and reclaimed water main
extension to serve the proposed facilities.
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.
2.1.2 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 described herein.
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2.2 Construction Administration and Inspection Services - DEVELOPER Contracted Access
Road 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 DEVELOPER and will terminate upon wdtten approval of final payment by
the CRA for that contract, During the construction period, the ENGINEER will:
2.2.1.1 Advise and consult with the CITY (CRA) concerning the construction activities and will act
as the CRA's representative concerning construction administrative matters as hereina~er
described.
2.2.1.2 Attend and represent the CRA at preconstruction, progress and project closeout meetings
with the DEVELOPER and the DEVELOPER's Contractor, Engineer, and construction
quality control testing personnel.
2.2,1,3 Make periodic 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 DEVELOPER's Contractors failure to perform the construction work
in accordance with said documents; based on such onsite 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 DEVELOPER 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 As the CRA's representative, coordinate with the DEVELOPER and his Contractor as to
construction matters and the acceptability of work (whether fabricated, installed or
completed) and advise the CRA accordingly. The ENGINEER shall, on behalf of the CRA,
render interpretations and decisions on claims of the Contractor and City relating to the
progress and execution of the work and all matters and questions related thereto; but the
ENGINEER shall not be liable for the results of such interpretations or decisions rendered
by him in good faith.
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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 DEVELOPER's 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 The ENGINEER shall coordinate his inspection services with the DEVELOPER's
representatives, specifically with the DEVELOPER'S construction Project Manager, his
Engineer (and inspection personnel), his 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.
2.2.2.4 Soils and materials test results furnished by the DEVELOPER'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, prior to approval of the DEVELOPER's 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.
2.2.2.5 Review DEVELOPER provided record drawings/surveys for installed facilities and bring
any apparent discrepancies between the as-built conditions and the design conditions to
the attention of the DEVELOPER and the CRA (City). Coordinate with the DEVELOPER
and his Contractor regarding provision of the construction record drawings pdor to final
on-site inspections and punchlist preparation.
2.2.2.6 Advise the CRA and the DEVELOPER as to the need for and scope of any required
project change orders and review any change orders on behalf of the CRA (City).
2.3 Construction Administration and Inspection Services - CRA Contracted Roadway/and
Utility Improvements
The City (CRA) will provide the ENGINEER with a written authorization to proceed.
2.3.1 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 written approval of final payment by
the CRA for that contract. During the construction period, the ENGINEER will:
2.3.1.1 Advise and consult 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 hereinafier described.
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2.3.1.2 Attend and represent the CRA at preconstruction, progress and project closeout meetings
with the Contractor and with the DEVELOPER and his on-site Contractor, Engineer, and
construction quality control testing personnel.
2.3.1.3 Make periodic 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.
2.3.1.4 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.
2.3.1.5 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); hewill act as interpreter
of the terms and conditions of the Contract Documents and judge of the performance
thereunder by the City (CRA) and the Contractors and will make decisions on all claims
of the City (CRA) 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 dec!sions rendered by him in good faith.
2.3.1.6 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
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of any liens, claims, secudty interests or encumbrances. Such representations shall at
no time be considered as a legal obligation of the ENGINEER.
2.3.1.7 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.
2.3.1.8 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.
2.3.2 Construction Inspection Services
The construction period 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. During this construction period, the ENGINEER
will:
2.3.2.1 Provide Resident Project Services including on-site observation and inspection of installed
work and work in progress. Vedfy 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 20 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 1/2 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 am
required to adequately address the construction inspection or administration items; the
ENGINEER is obligated to bring 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.
2.3.2.2 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 OR), (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 am to be supplementary to those
provided under the Construction Administration Services described in paragraph 2.3.1.
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2.3.2.3 Provide a record of the Contractors 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.
2.3.2.4 The ENGINEER shall coordinate his inspection services with the DEVELOPER's
representatives, specifically with the DEVELOPER's construction Project Manager, his
Engineer (and inspection personnel), his 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.
2.3.2.5 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.
2.3,2.6 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.
2.3.2.7 Witness utilities testing by Contractor, and based on Record Drawings provided per 2.3.2.6
above and Contractor provided bacteriological testing for potable water mains, prepare
utility certifications. Assist CRA in submittal and review by FDEP. Based on Record
Drawings information and field inspection results, prepare SJRWMD completion
certification.
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 provider. 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.
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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 dudrig 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 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 W~tness for the CITY (CRA) in any
litigation, public headrig, condemnation proceeding, right-of-way or easement acquisition
or negotiation, or other legal / administrative proceeding.
3.1.6 Furnishing additional sets of prints 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 Flodda 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 (CRA) as described in Section 4 herein and services not otherwise provided for
in this Agreement.
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
private lands as required for the ENGINEER to perform his work under this Amendment.
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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 (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 wdting 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
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 heroin) 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 $17,502.66 for items 2.2.1 and 2.2.2 (Construction Administration and
Construction Inspection for DEVELOPER Contracted Access Road Improvements), and
$38,276.80 for items 2.3.1 and 2.3.2 (Construction Administration and Construction
Inspection for CRA contracted Roadway and Utility Improvements).
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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. Monies co)lected
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 (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 paymentshall 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 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).
5.2.5 If this Agreement is terminated during prosecutioi~ of the services prior to completion of
the services of Section 2, payments to be made in accordance with Paragraph 5.t .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 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
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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 written.
City of Sanford, Flodda
ATTE~ST & SEAL
ENGINEER:
Conkiln, Porter & Holmes - Engineers, Inc.
TOVVNECTR.SS
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PLAN OF STUDY
CONSTRUCTION ADMINISTRATION AND INSPECTION
TOWNE CENTER BOULEVARD, NORTH TOWN ROAD, AND
ST..IOHN'S PARKWAY
AS SHOWN ON THE AMENDED REDEVELOPMENT PLAN
FOR SEMINOLE TOWNE CENTER
2.2 DEVELOPER CONTRACTED ACCESS ROAD IMPROVEMENTS
CPH JOB NO. S0613.00
'ilME IN MANiIOURS
2,2.1 Construction
Administration
Services
2.2.1.1 Advice & Consultation
with CRA 8 8 16
:Z.2.1.2 Attendance &
representation of CRA
at meetings with
Developer, Contractor,
&others 16 24 2 $ 200
2.2.1.3 Periodic observation of
work in progress &
reports to CRA 2 8 24 8 $ 200
2.2.1.4 Coordination with
Developer &
Contractor 2 8 16 4
2.2.1.5 Review &
recommendation of
approval on periodic
pay requests by
Contractor (two
expected) 4 8
2.2.1.6 Punchlist, final
inspection and final
pay request
recommendation for
payment 2 8 16 4 $ 100
?. ~.] I'ott%lzutflo::
ht~lN~('l h)ll %('~ 'f, h'r%
......... ~ ..... i --
SUMMARY HOURS RATE $
Principal (P) 18 69.81 $ 1,256.58
Engineer (E) 74 55.23 $ 4,087.02
Technician/St. Inspector (T/I) 216 45.57 $ 9,843.12
Draftsman/Jr. Inspector (D) 0 36.16 0
Secretarial/Clerical (S) 38 34.63 $ 1,315.94
Expenses $ 1,000.00
TOTAL $17,50~.66
PLAN OF STUDY
CONSTRUCTION ADMINISTRATION AND 1N~I'ECTION
TOWNE CI~I'ER BOULEVARD, NORTH TOWN ROAD, AND
ST. JOHN'S PARKWAY
AS SHOWN ON 'rite AMENDED REDEVELOPMENT PLAN
FOR SEMINOLE TOWNE CENTER
23 CRA CONTRACI'ED ROADWAY & UTnATY IMPROVEMENTS
CPH JOB NO. S~613.00
IIME IN M.~NIIOI IL~
I)I.'~;CRII~I IO% ()~ I A~;K P I". 1.'1 l) : .~ I"-.X!~EI%.~I'~ ::
.4kdtlfliftj%ffalji)n
(I(~,'.
~, :1-:.,,',.:: .:. :..:: H : 6 24 "
( R % ,,:
.......... ~ ........
2.".1.~ I'('L,.I., :,1 ,.1~;!:1.,1| :
2.3.1.4 Shop Drawing
review &approval 4 16 16 2
2.3.1.5 Interact with
Contractor as
CRA'S
representative;
prepare Change
Orders, interpret
contract documents 8 24 4
- 16-
TLME IN MANt!OURS a
DF.$,CRIFFION OF TASK P i E T/I !) S [ EXPENSE,q
2.3.1.6 I~e%iex~ &
]'et'onznl(~ndali{HI Of
i)a3 rt'qneM~ ])3
Contl'actol'
:4 e~pt~'led} ~ 8 16 6 S 100
2.3.1.7 Punchllst, final
i~pmion & final
pay requ~t
r~ommendMion for
payment 4 8 24 8 $ 1~
Co~on
~on ~
2.3.2.1 R~ident project
repr~entative
imp~tion service.
~xp~ted lev~ of
service is 20 h~/wk
of i~p~tor time for
this item.) 8 24 160 8 $ ~0
2.3.2.3 Coordination with
CRA & Contra~or.
W~kly repo~s to
CRA on co~tru~ion
progr~s 2 16 ~ 8 16 $ 1~
2.3.2.4 Coordination with
Developer's Proira
Manager and his
Engin~r. Attend
and repr~ent CRA
at progr~s m~tings. 8 16 4 $ 200
2.3.2.5 Review of t~t
r~ults, coordination
with Contractor,
CRA & Developer
regarding remedial
action when
warranted. 8 16 4 $ 1~
SUMMARY HOURS RATE $
Principal (P) 34 69.81 $ 2,373.54
Engineer CE) 148 55.23 $ 8,174.04
Technician/Sr. Inspector (T/I) 456 45.57 $ 20,779.92
Draftsman/Jr. Inspector (D) 76 36.16 $ 2,748.16
Secretarial/Clerical (S) 78 34.63 $ 2,701.14
Expenses $ 1,500.00
TOTAL $ 38,276.80