301-CPH-Amendment 24A AMENDMENT NO. 24A
TO AGREEMENT DATED DECEMBER '17, '1987
FOR
ENGINEERING SERVICES
DURING CONSTRUCTION OF
COUNTRY CLUB ROAD / OLD LAKE MARY ROAD
UTILITY RELOCATIONS
(Associated with the CR 46A Widening)
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on thec~L'~l day of C~/Y)0C/LC-~ , 19 ~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.
J:~JOBS\S0620.00\WP\CONT~NKB0309A.99 1
WHEREAS, the CITY through its consultants has completed designs, engineering plans,
specifications, permitting, and other services described in Amendment No. 24 for a portion
of the work associated with CR 46A widening which is required as precedent to
construction of the utility relocations along Country Club Road and Old Lake Mary Road,
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 Country Club Road and Old Lake Mary Road utility
relooations,
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 Country Club Road and Old Lake
Mary Road utility relocations, which consists of construction of new 24" water
main, 12" force main, and the relocation of existing 14" reclaimed water
main. This work will occur along Country Club Road and Old Lake Mary
Road, beginning at the intersection of CR 46A and Country Club Road,
proceeding east to the intersection of Country Club Road and Old Lake Mary
Road and then continuing south to the intersection of CR 46A and Old Lake
Mary Road. The utility relocation contract is to be completed prior to CR 46A
roadway construction by the FDOT Expressway Authority associated with the
SR 417 construction.
1.1.2 Subconsultant services for construction quality control testing are included
as a part of this Amendment.
1.1.3 Additional subconsultant services of surveys, water quality monitoring, or
other specialist services are not included. If these services are subsequently
determined advisable dudrig 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 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 end on
November 30, 1999. 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, 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 b6 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 CONTRACTQR's failure
to perform the construction work in accordance with said documents. Based
on such 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 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 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 for the
ENGINEER's review and recommendation for payment on the
CONTRACTQR'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 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 of any the Contractors, Sub-Contractors, Agents, Employees,
or other persons performing any of the work under the construction contract,
or of others.
J:',JOBS\S0620.00\WP%CON'D, NKB0309A.99 5
2.3 Construction Inspection Services
2.3.1 The CITY will provide inspection services which will supplement the
estimated 7.5 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 construction completion date of November 30, 1999, 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.
2.3.3 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 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.
2.3.4 The ENGINEERwill 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.
2.3.5 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 CITY's testing firm as well
as the CITY's surveyor field checks 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 dudng 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 Subconsultant Services
The ENGINEER will procure the services of Universal Engineering Sciences
to provide geotechnical engineering services consisting of construction
quality control testing.
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 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.
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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.
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 pertinent 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.
J;UOBS\S0620,00\Wi~CONT%NKB0309A.99 8
4.1.4 Make facilities accessible for inspection.
4.1.5 Inspect the construction on a regular basis and report to the ENGINEER as
to the field observations and progress of the CONTRACTOR.
4.1.6 Provide field assistance to the ENGINEER as necessary when decisions or
information are needed relating to utility and stormwater connections and
relocations resulting from differing site conditions.
4.1.7 Examine all studies, reports, sketches, schedules, and other documents
presented by the ENGINEER and render decisions pertaining thereto within
a reasonable time so as not to delay the work of the ENGINEER.
4.1.8 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.
4.1.9 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.
4.1.1 0 Furnish, or direct the ENGINEER in wdting to provide at the CITY's expense,
necessary additional services as stipulated in Section 3 of this Amendment,
or other services as required.
4.1.1 1 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 wdtten 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
J:~JOBS\S0620.0O\WP\CON'D, NKB0309A.99 9
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
$69,500, 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 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 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 $600.00
per day or any portion thereof (but compensation for time spent in preparing
to appear in any such litigation, hearing or proceeding will be computed in
accordance with the payment method as set forth in Paragraphs 5.1.1.2 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 are made on the basis of his experience and
J:',JOBS'~0620.00\WP\CONT~NKBO309A.99 10
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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the
day and year first above written.
ENGINEER:
ATTEST &SEAL CPH ENGINEERS, INC.
David A. Gierach, P.E. - Vice President
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