HomeMy WebLinkAbout301-CPH-Amendment 74-87AMENDMENT No.
TO
74 - 87
AGREEMENT FOR CONTINUING SERVICES
FOR ENGINEERING SERVICES DURING
BIDDING AND CONSTRUCTION OF THE
SANFORD MAIN AND AUXILIARY WTP
SODIUM HYPOCHLORITE FACILITY IMPROVEMENTS
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the//~'~ day or'~ ~ ,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 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.
SECTION
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 Main and Auxiliary WTP Sodium
Hypochlorite Storage and Feed Facilities in accordance with the approved Capital
Improvements Plan (ClP), Water Facilities Plan Addendum, City's Comprehensive
Plan and Master Water Plan. The Project includes the construction of the following
utility improvements:
· A sodium hypochlorite storage and feed building at the Sanford Main WTP
and all associated equipment, piping, and appurtenances.
Sodium hypochlorite storage and feed facilities, pumping systems,
containment area and all associated equipment, piping and appurtenances
at the Sanford Main WTP.
Sodium hypochlorite storage and feed facilities, pumping systems,
containment area and all associated equipment, piping and appurtenances
at the Sanford Auxiliary WTP.
· Demolition of the "existing" gaseous chlorination system.
· Electrical, controls and instrumentation systems.
· SCADA system modifications.
Associated yard piping, plant roadway modifications, stormwater
management system modifications, landscaping and signage, and
miscellaneous sitework at the Sanford Main and Auxiliary WTP's.
To meet the current CIP schedule, scheduling mandates of FDEP, bidding and
construction of the Sanford Main and Auxiliary WTP Sodium Hypochlorite Storage
and Feed Facilities needs to proceed as soon as possible.
The Engineer provided State Revolving Fund (SRF) planning, design and permitting
assistance for the Sanford Main and Auxiliary WTP Sodium Hypochlorite Facility
Improvements. In addition, the Engineer assisted the City of Sanford in obtaining
funding for the project under the State Revolving Loan Program. In order to
maintain the eligibility for financing under the SRF 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 the
"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.
1.2. Purpose of the Amendment
The purpose of this Amendment is to authorize the Engineer to provide 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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SECTION 2
BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES
2.1
General Services of the Enqineer
A. The Engineer agrees to perform professional engineering services in connection
with the Project as hereinafter stated.
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.
Under this Agreement, the Engineer is to provide 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.
The Engineer will serve as the "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.
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 two hundred
forty (240) calendar days after issuance of the Notice to Proceed.
2.2 Bidding and Pre-Construction Services
A. The Engineer shall provide Bidding services and pre-construction services for
the proposed Sanford Main and Auxiliary WTP Sodium Hypochlorite Storage
and Feed Facilities, including, but not limited to, the following:
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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.
The Engineer will coordinate and hold a pre-bid conference with the City to
answer questions pertaining to the scope and construction of the project from
all potential Bidders, suppliers and other plan holders.
The Engineer will coordinate with the City for preparation and issuance of
addendums to all potential Bidders and suppliers during the bidding period.
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.
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.
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.
The Engineer will make daily visits to the Project sites 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
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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.
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.
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
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10.
11.
12.
13.
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.
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 Contract
Drawings, 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 application for
payment request.
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.
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.
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.
The Engineer shall coordinate all proposed work and improvements with
the City, FDEP, EPA, SJRWMD, all other jurisdictional agencies and the
Contractor(s).
The Engineer shall provide construction inspection services associated
with the proposed Project improvements as specified in Article 2.3 of this
Amendment.
The Engineer shall provide project closeout activities associated with the
proposed improvements.
14. The Engineer will provide coordination and assistance in obtaining
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necessary approvals of addenda, bid documents, award documents, and
change orders from FDEP during the bidding and construction phases
and assist in coordinating the SRF 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
as described.
2.3 Construction Inspection Services
The City will provide inspection services that will supplement the estimated ten
(10) hours per week of construction inspection/administration conducted by the
Engineer. The Engineer will rely on City inspectors in order to fulfill the
obligations described under Article 2.2 of this Amendment.
Based on a two hundred forty (240) calendar 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.
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
supplementaryto those provided under the Construction Administration Services
(Article 2.2 of this Amendment).
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 bythe 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.
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E. The Engineer shall coordinate his inspection services with the City's and
Contractor'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 and Contractor'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 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
3.2.
3.3
3.4.
3.6.
3.7.
If authorized by the City, the Engineer shall furnish or obtain from others the
following supplementary services, orthe 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.
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.
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.
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.
Additional services resulting from public protests, administrative hearings, or similar
matters.
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.
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), SJRWMD or other regulatory agency
requirements.
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3.8
3,9,
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.
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:
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.
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.
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.
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.
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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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.
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 5
PAYMENT
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 $8,000
Civil / Environmental Engineer $52,000
Electrical Subconsultant $12,000
FDEP Permit Fee and Project Certification $2,000
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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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
CITY:
City of Sanford, Florida
DATE
TITLE
ATTEST & SEAL
ENGINEER:
CPH Engineers, Inc
D~TE
Vice-President
DATE
David A. Gierach, P.E.
President
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