301-CPH-Amendment 56 AMENDMENT NO.5~
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ENGINEERING SERVICES
DURING CONSTRUCTION OF
CR 46A PHASE III
UTILITY RELOCATIONS
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
Thia Agreeme., ..ade on ,he/~ day o,V2 ~'~ ,20 ~ f betwee. the c,TY 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.
1
'/kilo aq] Xq ,~l$oaJ!p paAoldcua slue$1nsuoo Jo ,LLIO aql ~q
pap!AoJd Xle~,eJsdas Jo 3,uacupuaLuV s]q~ jo E: uoP, oaS Japun eo!Mas leuo!l!ppe us se
uo!lsz!~oqSne JoJ p@jap!suoo aq Xe~ Xaq~ '~Jo~ eq~ Jo asJnoo a~] 8upnp elqSS~ApS
pau~Je]ap Xl~uanbasqns ejB sao~Mas asa~ Jl 'pepnlou~ ]ou aj8 sao~Mas ~s~lspads
~a~)o Jo '6u~jo~uo~ ~lsnb Ja]e~ 'Bu~pnlou~ sao]Mas ]uB~lnsuooqns leuo~ppV ~'~'L
'papnlou~ aJs ~noXel ~aMns IoJ~uoo uo~pnJ~suoo pus (s!ssq papaeu-s8 us uo
IoJ~uo3 ~]]lenb uo~pnj~suoo) Bu~sa~ leo~u4oe~oa8
'~olaq paqposap
Jeq~J~ sB uo~pnj~suoo 8upnp seo~Mes 8upaau~Gue Jeq~o pus uo]padsu~ ap~Ao~d
pus dBQ3 Xq paj~nbej ss
se ames I1~ ~33NION3 eqi '~ua~aajSe ueol aq~ 8u]~eu~pjooo u~ ~s~sss IU~ pus
uo~pm~suoo 8upnp d30~ ~oJJ sJapJo eGueqo pus s~ua~noop p~e~e s]ue~noop
p~q 'Bpueppe Jo sleAoJdde ~essaoau 8u~u~qo u] eous~s~sse pus uo~eu~pJooo
ep~Aojd
Jepjo uI
u~ ~lO
aq~ ~oJ aous~s~sse 8u~ad pus uGhsap '8u~uueld
'~unoO
~loul~S ~q uolpm~suoo ~p~oJ III ~s~a vg~ ~o ~ul~np Jo o~ Jopd p~ld~oo ~q
o~ s! p~4uoo uo!~ool~ ~ll!~n
~sea ~o~ V9~ ~0 6uole suo~$eoola~ ~l~n aq~ ~o uo~pn4suoo ~q~ 6upnp pue o~ ~opd
pa~pads u~ajeq se sao~as Jaq~o pue uo~pnJlsuos jo uo~padsu~ pue uo]~ejSs~u~pe
eqi Jo~ sao~es 6upaau~Bua Joj ap~Ao~d ~lle~aue60T s~ NJo~ lua~pua~V
leJaua~
qV~]N~9
~ NOIlD~S
se aajGe u]aJeq pa~eu suoRejap~suoo aql Jo~ ~33NION3 aql pue AllO aq; '3~0~3~3H1 MON
'suogeoolej
JoJ sao(~as 6uEjaeu~Bua leuoEl~ppe mJopad ol ~BBNleNB aq~ pelsenbaJ seq XllO aql SV]~]HM
pue 'SGO~AJGS paleuB~sep aN] mJopad ol sa~lfi~qede3 pue leuuosJad seq pue uo~lonJ~suoo XT~l~In
8u~pnpu] HJoM pe[ojd s~ql JoJ pagHenb pue ql~M JeH~eJ XlaTe~lu~ s~ ~BBNleNB eqT 'SVB~]HM
pue 'ssaoojd 6u~pp~q aql ql~M pals~sse pue suo~leogpads 'sueid 'suG~sep 6upaeu~Bua pejedajd
Xlsno~Aajd ~BBNleNB
lua~aeJBe sconces 6uEnu[luoo pue dNsuo~leleJ peqsfiqelsa ue seq pJoJueS Jo ~O eql 'SVB~HM
pue 'peo~ ~e~ eNe3 PlO jo 1sea
ol peo~ elesdR Jo 1see moJ~ 9~ ~O 6uole suo~leoojej ~H~In Jo~ seo~as Jeqlo pue 'suo~lesBpads
'sueld 6upeeu~Bua 'suBSsap peTaldmo3 seq sluellnsuoo s$~ qBnoJql ~lO aql 'SVB~HM
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 240 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 coordinate with Seminole County and the CITY's CR 46A Phase
II Contractor to evaluate route options at CR 46A Phase III wetland crossing, obtain
preliminary unit pricing from CITY's contractor. The County has previously directed
the CITY to construct its utility relocations prior to roadway work, and provided
ENGINEER with revised roadway base drawings. The ENGINEER will coordinate
the CITY's utility relocation drawings with the County's roadway drawings.
2.2.2 The ENGINEER will assist the CITY in applying for construction permits 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.
3
2.3.2 The ENGINEER will 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.
2.3.3 The ENGINEER will make periodic visits to the work site to observe the progress and
repor[ 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 wilt 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 aft 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,
4
J:~SO820,151word~cont\OR 46A Phase Ill CEI,doc
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 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.
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:
5
J:~S0620.151wo~d~con[ICR 46A Phase III CEI.doc
LUOJJ XeLU ~eLl:l sJaq~,O pue sjo~a/uns LLIO q~!~ 'saA!i e:iuasajdaJ LUJIJ 6U!),Sa:i sle!Ja]eLu
pue sl!os s.,k/lO @q; q)!~ sao!AJas uo!padsu! s!q a]eu!pJooo lieqs
'XJ.IO aq) ~q papnpuoo suo!padsu! uo paseq uo!)euJJo~.u! ap!AoJd o; 2~LIO
aq; uo/~la~ II!?~ ~Jq3NION3 aq~ 'sa6ueqo pue sa!]!A!pe ~o pJooaJ a~aldLuoo e u!e~u!euJ
03? Japjo uI 'jo:~oej~?uo~) all], ~q pej~uoo uo!pn4suoo aq~ ~o aoueLujo~Jad aq~ jo.l
alq!suodsaj ]ou s! ~J33NION3 aq~, 'Ja^a~oLI '.uo!pnj;suo0 ~u!Jnp paJBpJo SBI~UBLI0
Jo ~(JO~ B4Xa XUB JO ~SO0 pUB aJn]BU aLt:i U0 SUO!]~]OU ~u!pnlou! 'uo!¥)nJ]suoo
aq~ ]noqDno~q~ sa~))A~p~ s.Jo~oBJ]uo0 ~4] ~o pjooaJ B ap~Ao~d ll(~ ~33NION3 aql ~'~';
'SBO~M~S
UO~EJ~S~U~pV uo~pn4suoO eH~ Jepun pep~Ao~d esoq~
e~e suo~pedsu~ pub uo~e~esqo uo~pedsu] uo~pm}suoo eq~ 3eq~ epN 's~ue~noop
~ge4uo9 JBq3o ~o suo~}eg~Jpeds 'sueid eq~ q~ eouepjo33E u~ HJo~ uo}pnj}suo3
eq} ~Jo~ed o} eJnl}e~ s.~opeJ~uoO eq~ ~o~ ~ou Hjo~
pu~ o~ elqEsuodse~ ~NION~ e~ e~e~ ~ou IIBqs ~o~ uo~e~esqo pue uo~pedsu~
s~q~ ~nq '~jo~ eq~ u~ se~guBp~ep pue speJep
~eq~nj ep}Ao~d ol ~oAeepue I1~ ~BBNIgN~ eq~ '~ue~d~nbe pue sle~e~e~ 'H~o~
pefie~su~ ~o s~oeq3 pl6~ pUB sse~o~d u~ H~o~ eq~ ~o suo~e~esqo e~}s-uo qSno~q~ ~'~'~
'ee~ pez~oq~ne eq} u} eBueqo e e~e~o6eu o~ pub
uodn peeJ~e eq AB~ se seo~es qs~u~n~ o~ pub uo~ue~e s.~lO
6upq q pe~e6~lqo s~ ~NION~ eq~ '.s~e~ uo~e~s~u[~pe ~o uo~pedsu~ uo~pn4suoo
e~] ssejppe Ale~enbepe o~ pe~nbe~ e~e Apn~S ~o ueld peqoe~e
edoos s~ d~ pe~e~e~nue ueq~ se6ueqo Jeq~o ~o }s~ pus e~}~ leuo~Jppe ~eq~ s~e~e~
pe~ele~ ~eq~o ~o ~oe~eq~ ~gel ~o) ssej6o~d uo~pn4suoo
'~esse3eu se pe~edp~ue s~ 6u}~o~ s} ~ope~uoO el~q~ se~s H~o~ lie ~o uo~e~esqo
Jou e~s ~jo~ ~ue }e uo~B~esqo e~-IIn~ ~eq~eN -s~ue~noo~ pe~uoO eq~ q~
eouefid~o9 o~ se (s~eq~o Aq pep~Ao~d eq o~ 6u~]sa~ sle~e~e~ 6uEpnpu} 3ou) eo~nos
~eq~ ~e ~o e~s-uo sle~e~e~ peJeA~lep pedsu] AleA~peles I1~ pue 'senb~uqoe~ pue
spoqle~ uo[pn~suoo e~esqo o~ uo~n3exe 5u~np ~o~ e~esqo I1~ ~NIQN~ eq~
· seA}pe~p ple~ pue s~ep~o e~ueqo 'suo~gpeds 'sueld
A~eA pue 'sse~6o~d u~ ~o~ pub ~o~ pelle~su~
e~s-uo ep~Aojd ll~ ~NION9 eq~ 'eseqd uo~pn~}suoo ~ep 0~ e uo pasea ~'~'~
'~'~ pub ~'~ sqde~6e~ed ~epun peq~osep suo~e~lqo il~ln~ o~ ~ep~o u~ s~opedsu~
Jed s~noq 9 pa~e~se aq~ ~ue~elddns I1~ ~eq] sao~es uo~pedsu~ ep~AoJd
seo~MeS uo~pedsul uo~pm~suoO ~'~
's~senbe~ ~ue~esjnqs~Q ueoq 'J'~'S XIH~uo~ ejedeJd i1~ ~BBNION3 eH~ Z'~'~
· uo~pnj]suoo 8u~Jnp suo]pedsu~
o~po]Jed ep~AoJd pue eoueJeJuoO uo~pnJ~suoO-eJd
(pe[ojd jo esn lep~eueq) uo~]eld~oO Ie~ue~sqnS
eJeRO eBueqO
u~op~eeJ8 ~soO uo]pn4suoO
s~ue~nooG pBJ]uoO pe~noexB
time to time provide inspection of the work or other related work, as well as with
regulatory 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 If determined to be necessary, survey services to support construction shall be
provided by the licensed surveyor, who provided the survey for the County's CR 46A
Phase Ill roadway design. Survey services shall consist of assisting the contractor
in establishing the project benchmark.
2.4.8 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
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 of the work as described herein.
3.1.2 Provide through subconsultants, 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.
7
J:~S0620.15\word\cont~CR 46A Phase III CEI.doc
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.
4.1.4 Make facilities accessible for inspection.
4, 1.5 Pay all permit application fees.
4.1.6 Inspect the construction on a regular basis and report to the ENGINEER as to the
field observations and progress of the CONTRACTOR,
4.1.7 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.
8
4.1.8 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.
4.1.9 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.
4.1.10 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.
4.1.11 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.
4.1.12 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.
4.1.13 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 PaVment
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 wiII be computed by multipIying
Standard Classification Billing Rates for all classifications of employees engaged
direcfiy on the project times the number of hours worked on the project.
The engineering fee for the services described herein shall not exceed $105,650.00,
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 herein are to be reimbursed to the
ENGINEER at the actual cost thereof. Said expenses shall include transportation
and subsistence of prindpals 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.
9
J;%S0620,t5~word~contlCR 46A Phase 111CEI.dOC
~,uap!saJd
'9'd '4oeJe!O'V p}AEG ~aJnssaJJ,//ue;ajoaS
'ONI 'S~:I~gNIE)N:I Halo
:~IEI3NION9
Auoq~uV ~,~
·
I~S ~ ~S~IIV
:AIIO ?
pus Asp eq~ ~uempuemV s~q~ pa~n3axa pus epsm eAsq o~ejaq se~ed aq~ '~09~9H~ SSgNII~ NI