HomeMy WebLinkAbout205 CPH Amendment 57AAMENDMENT No. . 57A
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AGREEMENT FOR CONTINUING SERVICES
FOR ENGINEERING SERVICES DURING
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THE CITY OF SANFORD, FLORIDA
CPH ENGINEERS, INC.
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This Agreement made on the�day of 2003 between the CITY OF
SANFORD, FLORIDA (hereinafter called the CITY) and CPH ENGINEERS, Inc. (hereinafter called
the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an
Agreement dated December 7,1983, 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 7, 1983, this Amendment shall govern for the work described herein.
SECTION I
PURPOSE OF AMENDMENT
1.1. Introduction
The City of Sanford, through it subconsultant, CPH Engineers, Inc., has completed
the design and permitting of the "new" Sanford North Water Reclamation Facility
Primary Treatment System Improvements, in accordance with the approved Capital
Improvements Plan (CIP), Wastewater Facilities Plan Addendum, City's
Comprehensive Plan and Master Wastewater Plan. The Project includes the
construction of the following utility improvements:
■ Precast concrete Influent Structure and associated equipment, piping, and
appurtenances.
■ Flow Metering System for the raw wastewater influent, recycled process
water and associated piping, and appurtenances.
■ Odor control systems for the proposed headworks structure and grit removal
system, and associated equipment, appurtenances and ancillaries.
■ A grit removal system (15.5 MGD capacity) including two "vortex -type" grit
chambers, air compressors, grit cyclone, grit classification system, cast -in-
place concrete structure, associated equipment, piping and appurtenances.
■ Rehabilitation of "existing" Secondary Clarifier No. 2.
■ Electrical, controls and instrumentation systems.
■ SCADA system modifications.
■ Demolition of various structures throughout the treatment facility including a
portion of the "existing" aerated grit chamber system;
■ A new air header from the existing blower facility to the existing aerobic
digesters, and all associated equipment, piping, and appurtenances;
■ Associated yard piping, plant roadway modifications, stormwater
management system modifications, landscaping and signage, and
miscellaneous sitework;
To meet the current CIP schedule, scheduling mandates of FIDEP, bidding and
construction of the Sanford North WRF Primary Treatment System Improvements
needs to proceed as soon as possible.
1.2. Purpose of the Amendment
The purpose of this Amendment is to authorize the Engineer to provide additional
engineering design and permitting work associated with the Project and engineering
services for the bidding, construction administration and construction engineering
inspection services as herein specified.
The Engineer shall provide all services required to complete each task in
accordance with regulatory requirements in effect on the date of execution of this
Agreement to the extent of the scope of work as defined and set out in this
Amendment. The Engineer shall perform professional services as hereinafter
stated in accordance with good engineering practices.
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BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES
2.1. General Services of the Engineer
A. The Engineer agrees to perform professional engineering services in connection
with the Project as hereinafter stated.
B. The Engineer will serve as the City's professional engineering representative in
those phases of the Project to which this Amendment applies, and will meet
with, consult with, and provide advice to the City during the performance of
these services.
C. Under this Agreement, the Engineer is to provide additional engineering and
permitting services, bidding services, project engineering services, construction
administration services, and construction engineering inspection services.
Through a subconsultant, the Engineer will provide electrical engineering
construction administration services for the Project.
D. The Engineer will serve as the "Engineer of Record" during construction of the
Project as required by FIDEP and provide inspection and other engineering
services during construction as further described below.
E. The construction period for these activities will commence with the award of the
construction contract by the City and will terminate upon written approval of final
payment by the City for the Contract and certification of completion to the FDEP.
The time and cost estimate for the professional engineering services is based
on a construction phase that is scheduled to extend a period of 270 days after
issuance of the Notice to Proceed.
2.2. Additional Design and Permitting Services
A. The Engineer has provided professional engineering services in connection with
the design and permitting for rehabilitation of the "existing" Secondary Clarifiers
No. 1 and No.2. Work for this item included the removal of existing clarifier
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mechanisms, installation of new clarifier mechanisms, installation of new clarifier
walkways, rehabilitation of the existing bridge between Secondary Clarifier No.
1 and No. 2 and removal and reinstallation of bridge sections between
Secondary Clarifiers No. 2 and No. 3 and between Secondary Clarifier No. 2 and
Aeration Basin effluent flow splitter box.
B. The Engineer has provided professional services associated with the design
and installation of algae and debris sweeps for Secondary Clarifiers No. 1 and
No. 2.
C. The Engineer has provided professional services associated with the design and
installation of a "new" 12" DIP air line pipe between the Blower Facility and the
Aerobic Digesters and the demolition of the "existing" 12" air line.
D. The Engineer has provided professional engineering and permitting services in
association with the design of a "new" asphaltic driveway leading to the "new"
grit removal system.
E. The Engineer has provided professional engineering services associated with
the demolition and disposal of the Special Structure No. 6, the secondary
clarifier scum box and other associated structures and appurtenances.
F. The Engineer has provided professional engineering and permitting services in
association with the design of a secondary bypass channel to the Influent
Structure and a "new" automatic, self-cleaning mechanical barscreening system.
G. The Engineer has provided the additional professional engineering services
described above, at the City's request, and has incorporated them into the
current engineering design for the Project. These additional services were not
within the original scope of the Project or the associated Amendment.
2.3 Bidding and Pre -Construction Services
A. The Engineer shall provide Bidding services and pre -construction services for
the proposed Sanford North WRF Primary Treatment System Improvements,
including, but not limited to, the following:
1. Provide Bidding services for the Project, including issuance of Contract
Documents (Technical Specifications and Drawings) to the local planning
rooms and all interested Contractors and suppliers, answering of all pertinent
questions by potential bidders/suppliers and issuance of addenda prior to
Bidding of the Project.
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2. The Engineer will coordinate and hold a pre-bid conference with the City to
answerquestions pertaining to the scope and construction of the projectfrom
all potential Bidders, suppliers and other plan holders.
3. The Engineer will coordinate with the City for preparation and issuance of
addendums to all potential Bidders and suppliers during the bidding period.
4. The Engineer will prepare a Bid tabulation, evaluate all Bids with regard to
the qualifications and the responsiveness of the Bidders, and make a
recommendation to the City for award of the Contract.
5. The Engineer will assist the City in awarding the Contact, issuing the Notice
of Award, Notice to Proceed and the Notice of Commencement to the
Contractor.
B. Construction Administration Services
The Engineer will advise and consult with the City concerning the
construction activities and act as the City's representative as provided in the
General and Supplementary Conditions of the Contract Documents
concerning construction administration matters as hereinafter described.
2. The Engineer will attend, represent the City and conduct preconstruction,
progress and project closeout meetings with the Contractor, suppliers,
surveyors or layout personnel and construction quality control testing
personnel. The Engineer shall review and monitor the Contractor's
construction schedule and advise the City of any anticipated project delays
and/or early completion indicated through such review and through
construction progress observation.
3. The Engineer will make daily visits to the Project site to observe the progress
and report to the City as to the amount of work complete, the overall quality
of executed work, and observed impediments to the successful completion
of the Contract. The 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; the Engineer's efforts will be directed toward providing assurance to
the City that the completed project will substantially conform to the Contract
Documents, but he will not be responsible for the Contractor's failure to
perform the construction work in accordance with the Contract Documents.
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Based on "on-site" observation as an experienced and qualified design
professional, he will keep the City informed as to the progress of the work,
will endeavor to guard the City against defects and discrepancies and will
coordinate with the City and the Contractor as to disapproving or rejecting
Work that fails to meet the requirements of the Contract Drawings,
Specifications or other Contract Documents.
4. The Engineerwill 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 Contract
Drawings, Specifications, and other Contract Documents as well as City of
Sanford requirements.
5. The Engineer will issue all instructions of the City to the Contractor and
prepare routine Field Orders, Work Directives and Change Orders as
required and approved by the City. The Engineer may, as the City's
representative, require special inspection or testing of the Work (whether or
not fabricated, installed or completed); the Engineer will act as interpreter of
the terms and conditions of the Contract Documents and judge of the
performance thereunder by the City and the Contractor and will make
decisions on all claims of the City and the Contractor relating to the
execution and progress of the Work and all other matters and questions
related thereto, but the Engineer shall not be liable for the results of any such
interpretations or decisions rendered by him in good faith.
6. Based on the Engineer's "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, determine the amounts owed the Contractor and recommend approval,
in writing, of payments to the Contractor in such amounts; such
recommendations to constitute representations to the City, that are
expressions 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). 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
Contractor has used the monies paid on account of the Contract Price, or
that title to any of the Contractor's work, materials, or equipment has passed
to the City free and clear of any liens, claims, security interests or
encumbrances. Such representations shall at no time be considered as a
legal obligation of the Engineer.
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7. The Engineerwill, in conjunction with other City representatives, conduct
punch list and final inspections of the "in-place" Work to determine if the
Work is completed substantially in accordance with the Contract
Drawings, Specifications and other Contract Documents. These
inspections shall form the basis for the Engineer's review and
recommendation for payment on the Contractors final pay application for
payment request.
8. The Engineer will review Contractor provided Project 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 City. The Engineer shall
coordinate with the Contractor regarding provision of the construction
Record Drawings prior to final "on-site" inspections and punch list
preparation. The Engineer shall prepare and furnish to the City a
reproducible set of record drawings showing those changes made during
the Project construction based on the data noted above.
9. The Engineer will prepare statements of completion, qualified if
necessary, certifying completion of the Work, and submit these
statements in accordance with the Contract Documents, regulatory
agencies and City requirements.
10. The Engineer shall not be responsible for the acts or omissions of the
Contractor or any of the Contractors, Sub -Contractors, Agents,
Employees, or other persons performing any of the Work under the
construction contract, or of others.
11. The Engineer shall coordinate all proposed work and improvements with
the City, FDEP, EPA, SJRWMD, all other jurisdictional agencies and the
Contractor(s).
12. The Engineer shall provide construction inspection services associated
with the proposed Project improvements as specified in Article 2.4 of this
Amendment.
13. The Engineer shall provide project closeout activities associated with the
proposed improvements.
2.4. Construction Inspection Services
A. The City will provide inspection services that will supplement the estimated
twenty (20) hours per week of construction inspection/ad ministration conducted
by the Engineer. The Engineer will rely on City inspectors in order to fulfill the
obligations described under Article 2.3 of this Amendment.
B. Based on a 270 -day construction phase, the Engineer will provide "on-site"
observation and inspection of installed Work and Work in progress, and verify
Contractor compliance with the Contract Documents, change orders, work
directives and field orders. The Engineer will observe Work during execution to
observe construction methods and techniques, and will selectively inspect
delivered materials "on-site" or at their source, not including materials tested to
be provided by others, as to compliance with the Contract Documents. Neither
"full-time" observation at any work site nor observation of all work sites while the
Contractor is working is anticipated as necessary. 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 are
required to adequately address the construction inspection or administration
items, the Engineer is obligated to bring this situation to the City's attention and
to furnish services as may be agreed upon and to negotiate a change in the
authorized fees.
C. 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 of the 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 Contract Documents.
Note that the construction inspection observation and inspections are to be
supplementary to those provided underthe Construction Administration Services
(Article 2.3 of this Amendment).
D. The Engineer will provide a record of the Contractor's activities throughout the
construction, including notations on the nature and cost of any extra work or
changes ordered during construction; however, the Engineer is not responsible
for the performance of the construction contract by the Contractor. To maintain
a complete record of activities and changes, the Engineer will rely on the City to
provide information based on inspections conducted by the City.
E. The Engineer shall coordinate his inspection services with the City's soils and
materials testing firm representatives, surveyors and others that may from time
to time provide inspection of the work or other related work, as well as with
regulatory agency personnel.
F. Soils and materials test results furnished by the City's testing firm shall be
reviewed by the Engineer to help determine if fill, concrete and asphaltic
concrete and other construction is properly located and meets the project
requirements. The Engineer shall maintain a file of provided copies of tests
results and survey checks during the construction process and prior to approval
of the Contractor's final application for payment, shall review the Contract
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Documents and test results and surveys to determine whether all required
testing is on hand and that all tests reported acceptable materials, compaction,
etc., and that construction is properly located.
G. If determined to be necessary, survey services to support construction shall be
provided by CPH Engineers, Inc. at an additional cost to this Amendment. CPH
Engineers, Inc. provided the survey for the original Project design. Survey
services shall consist of assisting the Contractor in establishing the project
benchmark.
H. Limited geotechnical testing, serving as the City's construction quality control,
will be provided if determined to be necessary. These services would be
provided by Andreyev Engineering, Inc. (performed the original geotechnical
subsurface investigation for the project).
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SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1. If authorized by the City, the Engineer shall furnish or obtain from others the
following supplementary services, or the City may provide these services separately
or directly with the provider. Such additional services shall be paid for by the City
as outlined in Section 5.
3.2. 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.
3.3 Provide through subconsultants, environmental scientist services, or other specialist
services including, but not limited to, real estate/right-of-way agents,
project/construction management, financial/budgetary consultant, surveying,
geotechnical investigations 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.
3.4. 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 Engineers control.
3.5. Additional services resulting from public protests, administrative hearings, orsimilar
matters.
3.6. Preparing to serve and/or serving as an Expert Witness for the City in any litigation,
public hearing, condemnation proceeding, right-of-way or easement acquisition or
negotiation, or other legal / administrative proceeding.
3.7. Additional engineering services required by revisions to regulations (after the date
of this Amendment) as applicable to the U.S. EPA, Florida Department of
Environmental Protection (FDEP), or other regulatory agency requirements.
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3.8 Additional engineering design and permitting, construction inspection and
administration services other than outlined in Section 2 including the estimates
contained herein caused by a longer construction period than specified, or other
construction or field conditions not anticipated and beyond the Engineer's control.
3.9. Additional services in connection with the Project including services normally
furnished by the City as described in Section 4 herein and services not otherwise
provided for in this Agreement.
3.10 Furnishing additional sets of Contract Documents in excess of three (3) sets.
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SECTION 4
CITY RESPONSIBILITIES
4.1 In addition to the specific responsibilities hereinbefore described, the City will:
A. Advise the Engineer of his requirements for the Project and designate a person
to act as the City's representative with respect to the work to be performed under
this Amendment, and such person shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions pertinent to the work covered by this Amendment.
B. 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.
C. 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.
D. Make facilities accessible for inspection.
E. Pay all permit fee applications.
F. Dig up existing utilities as necessary for the preparation of the "as -built" survey.
G. Inspect the construction on a regular basis and report to the Engineer as to the
field observations and progress of the Contractor.
H. Provide field assistance to the Engineer as necessary when decisions or
information are needed relating to utility connections, demolition and relocations
of existing piping, equipment, structures, appurtenances and ancillaries resulting
from differing site conditions.
I. 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.
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SECTION 5
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5.1. Payment for services and expenses of the Engineer ,are to be as set forth below.
The Engineer agrees to perform the work outlined in this Agreement for a lump sum
fee as indicated in the following table.
Bidding Services and Documents 1 $8,000
Civil / Environmental Engineer F—$118,500
III Electrical Subconsultant 11 $10,000 IN
11 FDEP Permit Fee and Project Certification 11 $2,500 11
Surveying
$1,000
5.2. The City will make prompt monthly payments in response to Engineer's monthly
statements without retention for all categories of services rendered under this
Agreement.
5.3. Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding will be computed at a rate of $1,200 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 herein).
5.4. 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
Section 5 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
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J. 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.
K. Furnish or direct the Engineer, in writing, to provide at the City's expense, any
subconsultant services not designated in Section 2, if advised by the Engineer
and that the City concurs are necessary.
L. Furnish, or direct the Engineer, in writing, to provide at the City's expense,
necessary additional services as stipulated in Section 3 of this Amendment, or
other services as required.
M. Provide such legal, accounting, financial and insurance counseling services as
may be required for the project, and such auditing services as the City may
require.
N. Give prompt written notice to the Engineer whenever the City observes or
otherwise becomes aware of any defect in the Project.
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SECTION 6
GENERAL CONDITIONS
6.1. Since the Engineer has no control over the cost of labor, materials, or equipment
or over any construction 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 the construction cost will not vary
from opinions of probable construction cost prepared by him. Similar limitations
apply to construction schedules reviewed or prepared by the Engineer.
6.2. The City and the Engineer each binds himself and his partners, successors,
executors, administrators and assigns to the other party of this Agreement and to
partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Amendment. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agency of any public body
which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the City and the Engineer.
6.3 The Engineer agrees to initiate work promptly upon receipt of authorization to
proceed and to prosecute the work in a timely manner until the Project is completed.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
the day and year first above written.
ATTEST & SEAL
4Anet Doug herty-C y CleYk
EST & SEAL4
DATE
AASanford Headworks CEI.wpd
CHO
City of Sanford, Florida
Brady Lesoard --
Mayor
ENGINEER:
CPH Engineers, Inc
Benj r M. Fries
Vice -P esident
David A. Gierach, P.E.
President