HomeMy WebLinkAbout301-CPH-Amendment 52 AMENDMENT NO. 52
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ENGINEERING SERVICES
DURING CONSTRUCTION OF
OLD LAKE MARY ROAD WATER MAIN EXTENSION
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
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 17, 1987, between the parties, herein setting forLh 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.
1
J:\$0620.12/word/conl/OId Lake Mary Road GEl,dec
WHEREAS, the CITY through its consultants has completed designs, engineering plans,
specifications, and other services for a water main extension along Old Lake Mary Road from CR
46A to Airport Boulevard, and
WHEREAS, the City of Sanford has an established relationship and continuing services agreement
with ENGINEER for provision of services on this project on which the ENGINEER previously
prepared engineering designs, plans, specifications and assisted with the bidding process, and
WHEREAS, the ENGINEER is intimately familiar with and qualified for this project work including
utility construction and has personnel and capabilities to perform the designated services, and
WHEREAS the CITY has requested the ENGINEER to perform services during the construction of
the water main,
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as
follows:
SECTION 1
GENERAL
1.1 .General
1.1.1 This Amendment work is to generally provide for engineering services for the
administration and inspection of construction and other services as herein specified
prior to and during the construction of the water main along Old Lake Mary Road
from CR 46A to Airport Boulevard. Also as a part of the services, additional
investigations (title search and additional surveying) will be conducted prior to
construction to determine the right-of-way a]ong the alignment, since County records
do not indicate the right-of-way near the CR 46A intersection. Any plan changes
necessary to reflect the new right-of-way information, plus Seminole County
permitting, and bidding services are included.
1.1.2 The ENGINEER provided S.R.F. planning, design and permitting assistance for the
Old Lake Mary Road Water Main Extension. In addition, the ENGINEER assisted
the CITY in obtaining funding for the project under the State Revolving Loan
Program. In order to maintain the eligibility for financing under the S.R.F., the
ENGINEER will provide coordination and assistance in obtaining necessary
approvals of addenda, bid documents award documents and change orders from
FDEP during construction and will assist in coordinating the loan agreement. The
ENGINEER will serve as Engineer of Record during construction of the project as
required by FDEP and provide inspection and other engineering services during
construction as further described below.
1.1.3 Limited subconsultant services for geotechnical testing (construction quality control
on an as-needed basis) are included.
1.1.4 Additional subconsultant services including, construction surveying, water quality
monitoring, or other specialist 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 or consultants employed directly by
the CITY.
2
J:\S0620,12%word~conl~OId Lake Mary Road GELdec
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 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 during the performance of these services. The
ENGINEER will perform the services for the City Commission under the direction of
the City Manager or his designated representative.
2.1.3 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.
2.1.4 The construction period for these activities will commence with the award of
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 regulatory
agencies. The time and cost estimate attached to this Plan of Study is based on a
construction phase which is scheduled to extend for a period of 90 days after
issuance of the Notice to Proceed, During the construction period, the ENGINEER
will provide the following services:
2.2 Preconstruction Services
2.2.1 The ENGINEER will procure survey subconsultant services to determine right-of-way
along OId Lake Mary Road, and will modify Old Lake Mary Road plans as necessary
to incorporate updated right-of-way information.
2.2.2 The ENGINEER will assist the CITY in applying for a construction permit from
Seminole County, will coordinate with the County, revise plans as necessary based
on County review, issue addenda reflecting changes.
2.2.3 The ENGINEER will provide coordination and assistance in obtaining necessary
approvals of addenda, bid documents award documents and change orders from
FDEP during construction and assist in coordinating the loan agreement.
2.3 Construction Administration Services
2.3.1 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 Conditions
of the Contract Documents concerning construction administrative matters as
hereinafter described.
2.3.2 The ENGINEER will attend and represent the CITY at preconstruction, progress and
project closeout meetings with the Contractor, and construction quality control
3
testing personnel. The ENGINEER will review and monitor Contractor's construction
schedule and advise CITY of any anticipated project delays and/or early completion
indicated through such review and through construction progress observation.
2.3.3 The ENGINEER will make periodic visits to the work 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 contract completion. 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, 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 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
which fails to meet the project plans, specifications or other Contract Documents.
2.2.4 The ENGINEER will 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.
2.2.5 The ENGINEER will issue all instructions of the CITY to the Contractor and prepare
routine Change Orders as required. 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.
2.2.6 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
owing to 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
4
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.
2.2.7 The ENGINEER will, 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 plans, specifications and other contract
documents. These inspections shall form the basis forthe ENGINEER's review and
recommendation for payment on the CONTRACTOR's final pay request.
2.2.8 The ENGINEER will 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 CITY. The
ENGINEER will coordinate with the Contractor regarding provision of the
construction record drawings prior to final on-site inspections and punch list
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.
2.2.9 The ENGINEER will prepare statements of completion (qualified if necessary)
certifying completion of the work, and submit statements in accordance with the
Contract Documents, regulatory agencies and CITY requirements.
2.2.10 The ENGINEER shall not be responsible for the acts or omissions of the Contractor
or any of the Contractor's, Sub-Contractors, Agents, Employees, or other persons
performing any of the work under the construction contract, or of others.
2.3 FDEP S.R.F. Construction Administration
2.3.1 The ENGINEER will make plan revisions and prepare responses to FDEP.
2.3.2 ENGINEER will participate in an inspection to determine if the project is substantially
complete with the punch list of items to be corrected (if applicable) and a final
inspection to determine of the project has been completed substantially in
accordance with the Contract Documents and that the contractor has substantially
fulfilled his obligations thereunder so that the ENGINEER may prepare a
Certification of Completion of Construction for submission to FDEP.
2.3.3 ENGINEER will coordinate with FDEP Tallahassee and the CITY to assist in
compliance with the S.R.F Loan Program to maintain eligibility of project costs for
financing. As a minimum during construction, the following must be coordinated with
FDEP Tallahassee:
a. Request for authorization to award construction contracts (requires proof of
advertising and public bid opening; bid tabulation, engineer's award
recommendation and tentative award resolution):
b. Review and approval of the following:
Executed Contract Documents
Itemized Construction Cost Breakdown
5
J:\S0620+12\word\contlOid Lake Mary Road CEI.doc
Notice to Proceed
Change Orders
Notification of Substantial Completion (beneficial use of project)
FDEP will also participate in the Pre-Construction Conference and provide periodic
inspections during construction.
2.3.7 ENGINEER will prepare monthly S.R.F. Loan Disbursement Requests.
2.4 Construction Inspection Services
2.4.1 The CITY will provide inspection services that will supplement the estimated 3 hours
per week of inspection conducted by the ENGINEER. The ENGINEER will rely on
CITY inspectors in order to fulfill obligations described under paragraphs 2.2 and
2.3.
2.4.2 Based on a 90 day construction phase, the ENGINEER will provide on-site
observation and inspection of installed work and work in progress, and verify
Contractor compliance with plans, specifications, change orders and field directives.
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 testing 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 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 or in the attached Plan of Study 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 fee.
2.4.3 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 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 are
to be supplementary to those provided under the Construction Administration
Services.
2.4.4 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. In order 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.
2.4.5 The ENGINEER shall coordinate his inspection services with the CITY's soils and
materials testing firm representatives, with CITY surveyors and others that may from
6
time to time provide inspection of the work or other related work, as well as with
reguIatory agency personnel.
2.4.6 Soils and materials test results furnished by the CITY's testing firm shall be reviewed
by the ENGINEER to help determine if fill and other construction is properly located
and meets the project requirements. The ENGINEER shall maintain a file of
provided copies of test results and survey checks during the construction process
and prior to approval of the Contractor's final pay request, shall review the plans 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.
2.4.7 Limited geetechnical testing, serving as the CITY's construction quality control, will
be provided if determined to be necessary. These services would be provided by
Universal Engineering Sciences.
SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY may provide these services separately or
directly with the provider. Such additional services will be paid for by the CITY as
outlined in Section 5.
3.1.1 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 efthe work as described herein.
3.1.2 Provide through subconsultants, surveying, environmental scientist (jurisdictional and
permitting) services, 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.
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 Witness for the CiTY in any litigation,
public hearing, condemnation proceeding, right-of-way or easement acquisition or
negotiation, or other legal / administrative proceeding.
3.1.6 Furnishing additional sets of prints of drawings and other Documents beyond those
designated in the Plan of Study.
7
3.1.7 Additional engineering services required by revisions to regulations (after the date
of this Amendment) as applicable to the FDEP or other regulatory agency
requirements.
3.1.8 Additional construction inspection and administration services than outIined in
Section 2.2 and 2.3 including the estimates shown in 2.3.2 (inspection) and the Plan
of Study caused by a longer construction period than specified, or other construction
or field conditions not anticipated and beyond the ENGINEER's control.
3.1.9 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.
SECTION 4
THE CITY'S RESPONSIBILITIES
4,1 The CITY will:
4.1.1 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 per[inent to the work covered by this Amendment.
4.1.2 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.
4.1.3 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.
4.1.4 Make facilities accessible for inspection.
4.1.5 Dig up existing utilities as necessary for the preparation of the Logan Heights
Apartments as-built survey.
4.1.6 Pay all permit application fees.
4.1.7 Inspect the construction on a regular basis and report to the ENGINEER as to the
field observations and progress of the CONTRACTOR.
4.1.8 Provide field assistance to the ENGINEER as necessary when decisions or
information are needed relating to utifity and stormwater connections and relocations
resulting from differing site conditions.
4.1.9 Examine aU 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.
8
4.1.10 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.
4.1.11 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any
subconsultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
4.1.12 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense,
necessary additional services as stipulated in Section 3 of this Amendment, or other
services as required.
4.1.13 Provide such legal, accounting, financial and insurance counseling services as may
be required for the project, and such auditing services as the CITY may require.
4.1.14 Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any defect in the Project.
SECTION 5
PAYMENT
5.1 Payment
5.1.1 Payment for services and expenses of the ENGINEER to be as set forth below:
5.1.1.1 Principals and Employees of the ENGINEER.
5.1.1.2 Compensation paid ENGINEER for services described in Section 2 and rendered
by principals and employees assigned to the Project will be computed by multiplying
Standard Classification Billing Rates for all classifications of employees engaged
directly on the project times the number of hours worked on the project.
The engineering fee for the services described herein shall not exceed $29,770.00,
inclusive of out-of-pocket expenses. Invoices will be submitted on a regular basis
and will indicate the hours expended during that billing cycle.
5.2 Reimbursed Expenses
5.2.1 Expenses for items not specifically valued heroin 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.
5.2.2 The CITY will make prompt payment in response to ENGINEER's invoices without
retention for all categories of services rendered under this Agreement and for
reimbursable expenses incurred.
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 $1200.00 per day or
9
J:\S0620.12\werd\cont\OId Lake Mary Road GEl.dec
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 5.1.1.2 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
5.1.1.2 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 to the
ENGINEER 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
am 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.
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 heroin 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.
10
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and
year first above written,
' ~ _~ ,, Anthony M. Va anager
.' ENGINEER:
-.A TE~T &SEAL CPH ENGINEERS, INC.
L dner- Secretary/Treasurer David A.Gierach, P,E.
President