301-CPH-Amendment 10 AMENDMENT NO. 10
TO AGREEMENT FOR CONTINUING SERVICES
DURING CONSTRUCTION OF
TOWNE CENTER BOULEVARD AND NORTH TOWNE ROAD,
ST. JOHN'S PARKWAY AND OTHER DESIGNATED CONSTRUCTION
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,/,Y~ay of J'~J. , 1993 between the CITY OF SANFORD, FLORIDA
(hereinafter called the CITY) and CONKLIN, PORTER AND HOLMES-ENGINEERS, INC. (hereinaffer 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 for the development of Seminole Properties Development of Regional
Impact, and
WHEREAS, the CITY has implemented a Tax Increment Financing (TIF) Redevelopmerit 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 Redevelopment Plan for the Seminole
Towne Center Community Redevelopment Area dated June 1993, and
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SECTION 2
SCOPE OF CONSTRUCTION RELATED SERVICES
2.1 General Services of the ENGINEER
2. I. 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
in these basic initial services as the need for them and the scope and detail of any
services that might subsequently be required is unknown. 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 in more detail the scope of work contemplated, the time
estimates, and overall cost estimates for the initial scope of work generally described
herein.
2.1.5 Pre-Bid Phase
The CITY (CRA) will provide the ENGINEER with a written authorization to proceed.
2.1.5.1 Gather data from CITY (CRA), developer, developer's engineer, prospective contractors,
approving/permitting/regulatory agencies, Seminole County, affected utilities and other
parties involved or affected by the initial construction work.
2.1.5.2 Study and familiarize himself with all gathered data including permits, plans,
bidding/Contract Documents, specifications and estimated costs.
2.1.5.3 Perform a limited general constructibility review of the project as designed and specified
by others.
Revised 9/29/93
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2.1.5.4 Coordinate, assist and review general project scheduling and sequencing including
relationship and timing of the CRA construction projects with the Mall construction by
others. Also included is more detailed review of planning and scheduling of the initial
CRA project (3 roads and appurtenances) including sewer relocates, power line
relocates and coordination of other CITY (CRA) construction in CRA rights-of-way.
2.1.5.5 Review or assist in the preparation of opinions of cost and development of bid package.
2.1.5.6 Coordinate and assist in outlining easements and rights-of-way needed and in efforts
to gain easements or rights-of-way required.
2.1.5.7 Coordinate and assist in reviewing any proposed temporan/construction access routes
to the Mall construction sites with particular regard to use of the three proposed CRA
roads.
2.1,5,8 Review permits and approvals in hand for completeness. Assist in the final steps of
obtaining all permits and approvals required. Review and assist in implementing and
planning for conditions required by permits/approvals.
2.1.5.9 Review facilities proposed for CITY (CRA) operation and maintenance and report
thereon.
2, 1.5.10 Review or assist in the drafting of Instructions to Bidders and other Bid Documents.
2.1.6 Biddine Phase
Prepare draft or review advertisements for bids for placement in appropriate publications
by CITY (CRA) for initial construction contract. To generate contractor interest in the
project work and in an effort to enhance competition, ENGINEER will send copies of the
Advertisement to potential bidders to notify them of the bid letting(s).
2.1.6.1 Prepare and distribute up to 30 copies of the Contract Documents and keep records of
the distribution of Documents to bidders and suppliers for the contract.
2.1.6.2 Answer questions of bidders and suppliers. No interpretations of the Documents will
be made other than through issuance of Addenda to the Documents.
2.1.6.3 Coordinate with CITY (CRA) and with developer and his engineer on possible changes
required and issue addenda to the Documents as required for the contract as prepared
by Developer's engineer.
2.1.6.4 Prepare for and attend the bid opening and follow-up.
2.1.6.5 Summarize, tabulate, and evaluate the bids, investigate bidders' qualifications and assist
the CITY (CRA) in their selection of the construction contractor.
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2, 1.6.6 Consult with the CITY (CRA) and advise them as to the acceptability of subcontractors
and other persons and organizations proposed by the general contractor for those
portions of the work for which subcontractor approval is required by the Documents.
2.1.6.7 Prepare for CITY (CRA) attorney review, a conformed set of draft Documents consisting
of Construction Proposal and Contract, bonds, insurance certificates, construction
schedules and other portions of the contract in order to assist the CITY (CRA) in their
determination as to whether to issue a Notice to Proceed to the contractor on the
contract.
2.1.7 Administration of Construction and Resident Project Inspection
These phases of the project will be considered for later authorization at the appropriate
time.
SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1 If authorized by the CITY (CRA), the ENGIN EER 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.
3.1.2 Administration of construction services.
3.1.3 Construction inspection or Resident Project Representative services,
3.1.4 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,
3.1.5 Provide through subconsultants, surveys, soils, electrical, environmental scientist
(jurisdictional and permitting) services, construction quality control testing, or other
specialist services including real estate/right-of-way agents, project/construction
management, financial/budgetary consultant, and bookkeeping/accounting services, If
these services are subsequently determined advisable during the course of the work,
they may be considered for authorization as an additional service under this Section or
separately provided by the CITY or CRA.
3.1.6 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.
3,1.7 Additional services resulting from public protests, administrative hearings, or similar
matters.
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3.1.8 Preparing to serve and/or serving as an Expert Witness for the CITY (CRA) in any
litigation, public hearing, condemnation proceeding, right-of-way or easement
acquisition or negotiation, or other legal / administrative proceeding.
3.1.9 Furnishing additional sets of prints of drawings and other Documents beyond those
designated in Section 2.
3.1.10 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.
3.1.11 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.
4.1.5 Make facilities accessible for inspection.
4.1.6 Examine all studies, reports, sketches, schedules, and other documents presented by
the ENGINEER and render decisions pertaining thereto within a reasonable time so as
not to delay the work of the ENGINEER.
4.1.7 Assist in obtaining approval of all governmental authorities having jurisdiction over the
project, and such approvals and consents from such other individuals or bodies as may
be necessary for completion of the Project.
4.1.8 Furnish or direct the ENGINEER in writing to provide at the CITY's (CRA's) expense, any
subconsultant services not designated in Section 2, if advised by the ENGINEER and
CITY (CRA) concurs that they are necessary.
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4.1.9 Furnish, or direct the ENGINEER in writing to provide at the CITY's (CRA's) expense,
necessary additional services as stipulated in Section 3 of this Amendment, or other
services as required.
4.1.10 Provide such legal, accounting, financial and insurance counseling services as may be
required for the project, and such auditing services as the CITY (CRA) may require.
4.1,11 Give prompt written notice to the ENGINEER whenever the CITY (CRA) observes or
otherwise becomes aware of any defect in the Project.
SECTION 5
PAYMENT
5.1 Payment
Payment for services and expenses of the ENGINEER to be as set forth below:
5. I. 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
$26,096.42.
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 collected from plan holders in the form of "non-refundable bid deposits" for
Contract Document purchase, will be deposited in Engineer's account and at the
conclusion of the bidding process, a check for total bid deposits received will be issued
to the CITY.
5,2.2 The CITY (CRA) will make prompt monthly payments in response to ENGINEER's
monthly statements without retention for all categories of services rendered under this
Agreement and for reimbursable expenses incurred.
5.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries and
wages paid to principals and employees of all classifications engaged directly on the
Project, plus the cost of fringe benefits including but not limited to, social security
contributions, worker's compensation, health and retirement benefits, bonuses, sick
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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 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 (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 rights 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.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day
and year first above written.
CITY:
i r, i
ATTEST'&. SEAL ~~(,/j,~
Conkiln, Porter & Holmes - Engineers, Inc,
TOWNECTR.jms
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Plan of Study Estimate Following is Based on One Consgnac~on Conh"acto
PLAN OF STUDY
DURING CONSTRUCTION OF
TOWNE CENTER BOULEVARD AND NORTH TOWNE ROAD,
ST. JOHN*S PARKWAY AND OTHER DESIGNATED CONSTRUCTION
SHOWN IN THE AMENDED REDEVELOPMENT PLAN FOR
SEMINOLE TOWNE CENTER
:' (]a:hcr dala Itom (~I'I'Y (('RA). dc~ch~i:cr. dcvclopez's cngin~cr. (~ ,~ 1(~ 1~ ~0.00
prospective contractors, approving/permitting/regulatory agencies,
Seminole County. affected utilitics and other parties involved or affected
by the initial construction work.
Study and get familiar with all gathered data including permits, plans, 16 12 24 6 30.00
bidding/Contract Documents, specifications and estimated costs.
Perform a limited general constructibility review of the project as designed 4 8 16 4 50.00
and specified by others.
Coordinate, assist and review general project scheduling and sequencing 4 6 8 4 50.00
including relationship and timing of the CRA construction projects with the
Mall construction by others. Also included is more detailed review of
planning and scheduling of the initial CRA project (3 roads and
appurtenances) including sewer relocates, power line relocates and
coordination of other CITY (CRA) construction in CRA fights-of-way.
Review or assist in the preparation of opinions of cost and development of 4 6 20 4
bid package.
Coordinate and assist in outlining easements and fights-of-way needed and 10 12 18 16 50.00
in efforts to gain easements or rights-of-way required.
Coordinate and assist in reviewing any proposed temporary construction 2 4 6 2
access routes to the Mall construction sites with particular regard to use of
the three proposed CRA roads.
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PLAN OF STUDY
DURING CONSTRUCTION OF
TOWNE CENTER BOULEVARD AND NORTH TOWNE ROAD,
ST. JOHN'S PARKWAY AND OTHER DESIGNATED CONSTRUCTION
SHOWN IN THE AMENDED REDEVELOPMENT PLAN FOR
SEMINOLE TOWNE CENTER
RCVI~PA pCHIII[S alld HF)[)~Ova[S Ill hal]~[ tnr cnml~lclcness. Assist m |he {'> 12 16 6 50.00
final steps of obtaining all permits and approvals required. Review and
assist in implementing and planning for conditions required by
permits/approvals.
Review facilities proposed for CITY (CRA) operation and maintenance 1 3 1
and report thereon.
Review or assist in the drafting of Instructions to Bidders and other Bid 1 6 8 20.00
Documents.
PRE-BID TOTALS 54.00 77.00 124.00 0.00 67.00 $300.00
II. IHDDIN(; PHASE
[}r~i~alc dr;ll'l ,)r l'~ leW adverlb. ell|e:lls Iol hkls Ibr phlcclncll[ Ill I .% 10
appropriate publications by CITY (CRA) for initial construction contract.
To generate contractor interest in the project Work and in an effort to
e~rlance competition, ENGINEER will send copies of the Advertisement to
potential bidders to notify them of the bid letting(s).
Prepare and distribute up to 30 copies of the Contrict Documents and ke~p 2 4 8 20 Plans - $441.00
records of the distribution of Docnments to bidders and suppliers for the Documents - $480.00
contract. Postage - $200.00
Answer questions of bidders and suppliers. No interpretations of the 5 20 16 L/D Phone -50.00
Documents will be made other than through issuance of Addenda to the
Documents.
Coordinate with CITY (CRA) and with developer and ins engineer on 4 16 12 Mileage -50.00
possible changes required and issue addenda to the Documents as required
for the contract as prepared by Devcloper's engineer.
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PLAN OF STUDY
DURING CONSTRUCTION OF
TOWNE CENTER BOULEVARD AND NORTH TOWNE ROAD,
ST. JOHN'S PARKWAY AND OTHER DESIGNATED CONSTRUCTION
SHOWN IN THE AMENDED HEDEVELOPMENT PLAN FOR
SEMINOLE TOWNE CENTER
Prepare for and attend the bid opening and follow-up. 2 2 4 6
Sunmmrize, tabulate, and evaluate the bids, investigate bidders' 2 8 16 L/D Phone - $30.0~
qualifications and assist the CITY (CRA) in their selection of the Postage - $10.t30
construction contractor.
Consult with the CITY (CRA) and advise them as to the acceptability of 1 4 2
subcontractors and other persons and organizations proposed by the
general contractor for those portions of the work for which subcontractor
approval is required by the Documents.
Prepare for CITY (CRA) attorney review, a conformed set of draft 2 6 12 Xerox -50.00
Documents consisting of Construction Proposal and Contract, bonds,
insurance certificates, construction schedules and other portions of the
contract in order to assist the CITY (CRA) in their determination as to
whether to issue a Notice to Proceed to the contractor on the contract.
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TOWNECTRdms
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ESTIMATED FEE CALCULATION:
PRE-BID BID
Class Hours Hours
P 54 19
E 77 64
T 124 12
D )
S 67 94
TOTALS 322.00 Salary 5,770.14 189.00 Salary 3,025.92
Hours Cost Hours Cost
x 1.48 x 1.95 15,652.62 x 1.48 x 1.95 8,732.80
+ Out-of-Pocket Expenses 300.00 + Expenses 1,411.00
TOTAL $15,952.62 TOTAL $10,143.80
TOTAL ESTIMATED FEE - $26,096.42