301-CPH-Amendment 44 AMENDMENT NO. 44
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ENGINEERING SERVICES
DURING CONSTRUCTION OF
SANFORD AVENUE
UTILITY RELOCATIONS
(29th Street to Lemon Street)
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the/_~ day of (~e~CITY 200'r__.) between the CITY
OF SANFORD, FLORIDA (hereinafter called ) 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.
WHEREAS, the Florida Department of Transportation will be widening Sanford Avenue
(C.R. 425) between 29th Street and Lemon Street to five (5) lanes, and
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WHEREAS, the roadway widening and associated construction will require the relocation
of the City of Sanford's existing potable water and sanitary sewer utilities within the
roadway right-of-way, 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 additional engineering
services during the construction of the Sanford Avenue Utility Relocation,
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 during the construction of the utility relocations along Sanford
Avenue from 29th Street to approximately 500 feet north of Lemon Street.
The utility relocations consist of new 2" and 12" water main and new 12"
force main along the route. Additionally, an existing 6" asbestos concrete
force main and an existing 12" water main will be removed along the route.
The utility relocation contract is to be completed during the Sanford Avenue
roadway construction by FDOT.
1.1.2 Additional subconsultant services of construction quality control testing, 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.
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 wilt serve as the CITY's professional engineering
representative in those phases of the project to which this Amendment
applies and wil[ meet, consult with, and provide advice to the CITY dudrig 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 220 days after issuance of the Notice to Proceed. During the
construction period, the ENGINEER will provide the following services:
2.2 Construction Administration Services
2.2.1 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.
2.2.2 Attend and represent the CITY at preconstruction, progress and project
closeout meetings with the Contractor, FDOT, surveyors or layout personnel
and construction quality control testing personnel. 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.
2.2.3 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
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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 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 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 Contractors
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
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that title to any of the Contractors work, materials, or equipment has passed
to the CITY free and clear of any liens, claims, security interests or
encumbrances. Such reprasentations 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 for the
ENGINEER's review and recommendation for payment on the
CONTRACTOR's final pay request.
2.2.8 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.
Coordinate with the Contractor regarding provision of the construction record
drawings prior to final on-site inspections and punch list praparation.
Prapare 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 Contractors, Sub-Contractors, Agents, Employees,
or other persons performing any of the work under the construction contract,
or of others.
2.3 Construction Inspection Services
2.3.1 CITY will provide inspection services that will supplement the estimated 5.0
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.
2.3.2 Based on a 220 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,
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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.
2.3.3 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 Contractors failure to perform the construction work in accordance with
the plans, specifications or other contract documents. Note that the
construction inspection observation and inspections am to be supplementary
to those provided under the Construction Administration Services.
2.3.4 The ENGINEER will provide a record of the Contractors activities throughout
the construction, including notations on the nature and cost of any extra work
or changes ordered during construction; however, the ENGINEER is not
responsible for the performance of the construction 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.
2.3,5 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 time to time provide inspection of the work or other related
work, as well as with regulatory agency personnel.
2.3.6 Soils and materials test results furnished by the Contractor'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 during the construction
process and prior to approval of the Contractors final pay request, shall
review the plans and test results to determine whether all required testing is
on hand and that all tests reported acceptable materials, compaction, etc.
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.
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3.1.1 Additional services due to significant changes in the scope of the project or
its design including, but not limited to, changes in size, complexity, character
of construction or due to time delays in initiating or completion of the work as
described herein.
3.1.2 Provide through subconsultants, surveys, soils, 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.
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.
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 outlined
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.
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4.1.11 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.
4.1.12 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
$29,665.00, inclusive ofout-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 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.
5.2.2 The CITY will make prompt payment in response to ENGtNEER's invoices
without retention for all categories of services rendered under this Agreement
and for reimbursable expenses incurred.
5.2.3 Charges for the services rendered by principals and employees as witnesses
in any litigation, hearing or proceeding will be computed at a rate of $1200.00
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
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accordance with the payment method as set forth in Paragraphs 5.1.1.2 and
5.2.1 herein).
5.2.4 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 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.
5.2.5 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 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.
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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EXHIBIT "A"
PLAN OF STUDY
TIME AND COST ESTIMATE
SERVICES DURING CONSTRUCTION
SANFORD AVENUE UTILITY RELOCATION
(29th Street to Lemon Street)
TASK ESTIMATED
NO. DESCRIPTION P E T D S EXPENSES
1 Prepare up to 10 sets of Construction Documents for 3 $250.00
use by the City and the Contractor during construction
2 Coordinate and Attend Preconstruction Meeting 2 2 2 1 $10.00
Attend Progress Meetings (Once per month for 6 3 12 3 $10.00
3 months)
4 Administration During Construction (24 weeks) 3 20 95 6 12 $135.00
5 Inspection During Construction (24 weeks) 24 120 $270.00
6 Review of Shop Drawings 6 20 1 $10.00
7 Review Payment Applications 12 24 3 $25.00
8 Prepare Record Drawings 4 4 4 2 $150.00
9 Conduct Final Walk Through and Punch List 2 12 1 $10.00
10 Prepare FDEP Certifications 3 12 1 $10.00
TOTAL 8 85 290 10 27 $880.00
Sub-total (Based on Standard Billing Rates) $28,785.00
Reimbursed Expenses $880.00
TOTAL $29,665.00
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