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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 -1- 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. -2- 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. -3- 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. -4- 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. °6- 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 -7- 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. -8- 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. -9- 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. -10- 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). -11- 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 -12- 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 -13- 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