Loading...
301-CPH-Amendment 59 AMENDMENT NO. 59 .~.---: ............."""~' TO AGREEMENT DATED DECEMBER 17, 1987 FOR ENGINEERING SERVICES DURING CONSTRUCTION OF ST. JOHNS PARKVVAY PHASE II! (RINEHART ROAD TO UPSALA ROAD) BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the/_,~____ day of ~/)/~ 20~c~ between the CITY OF SANFORD, FLORIDA (hereinafter called the CITY) and CPH ENGII~IEE'~,, 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 \\CPH=SANF_1\VOL3',S0638\word~cont\SJP Itl CEI.doc WHEREAS, the CITY through its consultants has completed designs, engineering plans, specifications, permitting, and other services for the work associated with the St. Johns Parkway Construction, 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 NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as follows: SECTION 1 GENERAL 1.1 General 1.1.1 This Amendment work is to generally provide for engineering services for the administration and inspection of construction and other services as herein specified prior to and during the construction of St. Johns Parkway Phase III, from Rinehart Road to Upsala Road, which is approximately 2,800 linear feet of new four lane divided road. Major construction items include construction of curb and gutter, sidewalk, three wet detention ponds, and storm sewer (ranging in size from 18" to 48"x76"), signalization, landscape, and irrigation. Utility construction will consist of relocation of 16" water main, 8" force main and 12" reclaimed water main. 1.1.2 Limited subconsultant services for geotechnical testing (construction quality control on an as-needed basis) and construction control survey layout are included. 1.1.3 Additional subconsultant services including, 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 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 dudng 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 \\CPH_SANF=1WOL3\S0638\wOrd\COnt\SJP lii CEI.doc 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 that is scheduled to extend for a pedod of eight (8) months after issuance of the Notice to Proceed. During the construction pedod, the ENGINEER will provide the following services: 2.2 Miscellaneous Design and Bidding Services 2.2.1 The ENGINEER will modify plans to incorporate Wal-Mart Construction into the contract (Engineer will track quantities in order to allow City to seek reimbursement of costs from WaI-Mart). 2.2.2 The ENGINEER will modify plans to include Landscape and Irrigation design between Rinehart Road and Upsala Road. 2.2.3 The ENGINEER will modify plans to incorporate water and sewer stubouts at four separate locations to serve parcels north and south of the road in accordance with the City's Agreement with Eoghan Kelley. 2.2.4 The ENGINEER will modify plans to incorporate tum lane construction on Rinehart Road and Upsala Road. 2.2.5 The ENGINEER will prepare separate construction drawings for modified route from west of Meisch Road to Bevier Road. 2.2.6 The ENGINEER will prepare an advertisement for bid for placement in appropriate publications by CITY; distribute and keep records of the distribution of documents to bidders and suppliers; answer questions of bidders and suppliers through written addenda to the documents (no interpretations of the documents shall be made other than through issuance of addenda to the documents); attend the bid opening; evaluate the bids and assist the CITY in its selection of the Construction Contractor; and consult with the CITY and advise it, as requested, in decisions as to the acceptability of sub~contractors and other persons and organizations proposed by the general contractor for those portions of the work for which sub-contractor approval is required by the documents. 2.3 Construction Administration Services 2.3.1 The ENGINEER will advise and consult with the CITY concerning the construction activities and act as the CITY's representative as provided in the General Conditions of the Contract Documents concerning construction administrative matters as hereinafter described. 2.3.2 The ENGINEER will attend and represent the CITY at preconstruction, progress and project closeout meetings with the Contractor, surveyors or layout personnel and 3 \\CPH_SANF_1\VOL3\$0638~wOrd~:Ont\SJP ill CELdoc construction quality control testing personnel. Review and monitor Contractors construction schedule and advise CITY of any anticipated project delays and/or eady completion indicated through such review and through construction progress observation. 2.3.3 The ENGINEER will make periodic visits to the work site to observe the progress and report to the CITY as to the amount of work complete, the overall quality of executed work, and observed impediments to the successful contract completion. The ENGINEER will not be required to make exhaustive or continuous on-site observations as to the quality or quantity of completed work; he will not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions incidental thereto; the ENGINEER's efforts will be directed toward providing assurance to the CITY that the completed project will substantially conform to the contract, plans, and specifications, but he will not be responsible for the CONTRACTOR's failure to perform the construction work in accordance with said documents. Based on on-site observation as an experienced and qualified design professional, he will keep the CITY informed as to the progress of the work, will endeavor to guard the CITY against defects and discrepancies and will coordinate with the CITY and the Contractor as to disapproving or rejecting work which fails to meet the project plans, specifications or other Contract Documents. 2.3.4 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. 2.3.5 The ENGINEER will issue all instructions of the CITY to the Contractor and preepare 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. 2.3.6 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, the ENGINEER will 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 4 \\CPH=SANF_I\VOL3\S0638~wordt. cont\SJP III CEI.dec 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. 2.3.7 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. 2.3.8 The ENGINEER will review Contractor provided record drawings/surveys and other as-built data for installed fadlities 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. 2.3.9 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. 2.3.10 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. 2.4 Construction Inspection Services 2.4.1 CITY will provide inspection services that will supplement the estimated 22 hours per week of inspection conducted by the ENGINEER. The ENGINEER will rely on CITY inspectors in order to fulfill obligations described under paragraphs 2.2 and 2.3. 2.4.2 Based on an 8 month construction phase, the ENGINEER will provide on-site observation and inspection of installed work and work in progress, and verify Contractor compliance with plans, spedfications, 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. 5 \\CPH_SANF_I',VOL3\$0638\word~,ontL,%IP Itl CELdoc 2.4.3 Through on-site observations of the work in progress and field checks of installed work, materials and equipment, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work, but this inspection and observation work shall not make the ENGINEER responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the plans, specifications or other contract documents. Note that the construction inspection observation and inspections are to be supplementary to those provided under the Construction Administration Services. 2.4.4 The ENGINEER will provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the ENGINEER is not responsible for the performance of the construction contract by the Contractor. In order to maintain a complete record of activities and changes, the ENGINEER will rely on the CITY to provide information based on inspections conducted by the CITY. 2.4.5 The ENGINEER shall coordinate his inspection services with the CITY's soils and materials testing firm representatives, with CITY surveyors and others that may from 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 fumished by the CITY's testing firm shall be reviewed by the ENGINEER to help determine if fill and other construction is propedy located and meets the project requirements. The ENGINEER shall maintain a file of provided copies of test results and survey checks dudrig 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 Tinklepaugh. Tinklepaugh provided the route survey for the road construction 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. 6 \',CPH_SANF_1\VOL3\S0638\word~cont',SJP Ill CEI.doc 3.1 .i 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. 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 SJRWMD 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 pedod than spedfled, 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 fumished 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 CI'I'Y'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. 7 \\CPH_SANF_I\VOL3\S0638\worcP~cont\SJP III CEI,doc 4.1.2 Obtain and provide data requested that is reasonably available on the project along with operational and maintenance requirements and easement and right-of-way requirements. 4.1.3 Guarantee access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 4.1.4 Make facilities accessible for inspection. 4.1.5 Dig up existing utilities as necessary for the preparation of the Logan Heights Apartments as-built survey. 4.1.6 Pay all permit application fees. 4.1.7 Inspect the construction on a regular basis and report to the ENGINEER as to the field observations and progress of the CONTRACTOR. 4.1.8 Provide field assistance to the ENGINEER as necessary when decisions or information are needed relating to utility and stormwater connections and relocations resulting from differing site conditions. 4.1.9 Examine all studies, reports, sketches, schedules, and other documents presented by the ENGINEER and render dealsions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. 4.1.10 Assist in obtaining approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 4.1.1 1 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any subconsultant services not designated in Section 2, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.12 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense, necessary additional services as stipulated in Section 3 of this Amendment, or other services as required. 4.1.13 Provide such legal, accounting, financial and insurance counseling services as may be required for the project, and such auditing services as the CITY may require. 4.1.14 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. SECTION 5 PAYMENT 5.1 Payment 5.1.1 Payment for services and expenses of the ENGINEER to be as set forth below: 8 \',CPH_SANF_1\VOL3\S0638'~word~:onfiSJP III CEI.doc 5o 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 $230,445.00, 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 5.2ol 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 pdndpais and employees, when traveling in connection with the project, toll telephone calls, telegrams, prints, photocopies, and similar project- related items. 5.2.2 The CITY will make prompt payment in response to ENGINEER's invoices without retention for all categories of services rendered under this Agreement and for reimbursable expenses incurred. 5.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $1200.00 per day or 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 pdor 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 Contractors 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. 9 ~\CPH_SANF_!\VOL3\S0638\word\cont\SJP Ill CEI.doc AMENDMENT NO. 59 1~~~.,~ TO AGREEMENT DATED DECEMBER 17, 1987 FOR ENGINEERING SERVICES DURING CONSTRUCTION OF ST. JOHNS PARKWAy PHASE III {RINEHART ROAD TO UPSALA ROAD) BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the/_~ day of SANFORD FLORIDA (hereinafter called the ENGINEER) is mutuall a the C~, 2(~zebetween the CI ' Y greed upon and declared /Oe~ In ~se of any ~nffict be~een this Amendment and the aforementioned Agreement of December 17, 1987, this Amendment shall govern for the work described heroin. ~CPH-SANF-J'.VOL3~S0638~wor~con/,.SJp Ill CEI. doc WHEREAS, the CITY through its consultants has completed designs, engineering plans, specifications, permitting, and other services for the work associated with the St. Johns Parkway Construction, 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 NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as follows: SECTION 1 GENERAL 1.1 General 1.1.1 This Amendment work is to generally provide for engineering services for the administration and inspection of construction and other services as herein specified prior to and during the construction of St. Johns Parkway Phase III, from Rinehart Road to Upsala Road, which is approximately 2,800 linear feet of new four lane divided road. Major construction items include construction of curb and gutter, sidewalk, three wet detention ponds, and storm sewer (ranging in size from 18" to 48"x76"), signalization, landscape, and irrigation. Utility construction will consist of relocation of 16" water main, 8" force main and 12" reclaimed water main. 1.1.2 Limited subconsultant services for geotechnical testing (construction quality control on an as-needed basis) and construction control survey layout are included. 1.1.3 Additional subconsultant services including, 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 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 \\CPH_SANF_~\VOL3\S0538~word~contL~xlP ill CEI,doc 2.1.3 Attached as Exhibit "A", is a Plan of Study which is hereby made a pad 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 that is scheduled to extend for a pedod of eight (8) months after issuance of the Notice to Proceed. Dudng the construction period, the ENGINEER will provide the following services: 2.2 Miscellaneous Design and Bidding Services 2.2.1 The ENGINEER will modify plans to incorporate WaI-Mart Construction into the contract (Engineer will track quantities in order to allow City to seek reimbursement of costs from WaI-Mart). 2.2.2 The ENGINEER will modify plans to include Landscape and Irrigation design between Rinehart Road and Upsala Road. 2.2.3 The ENGINEER will modify plans to incorporate water and sewer stubouts at four separate locations to serve parcels north and south of the road in accordance with the City's Agreement with Eoghan Kelley. 2.2.4 The ENGINEER will modify plans to incorporate turn lane construction on Rinehart Road and Upsala Road. 2.2.5 The ENGINEER will prepare separate construction drawings for modified route from west of Meisch Road to Bevier Road. 2.2.6 The ENGINEER will prepare an advertisement for bid for placement in appropriate publications by CITY; distribute and keep records of the distribution of documents to bidders and suppliers; answer questions of bidders and suppliers through written addenda to the documents (no interpretations of the documents shall be made other than through issuance of addenda to the documents); attend the bid opening; evaluate the bids and assist the CITY in its selection of the Construction Contractor; and consult with the CITY and advise it, as requested, in decisions as to the acceptability of sub-contractors and other persons and organizations proposed by the general contractor for those portions of the work for which sub-contractor approval is required by the documents. 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 descdbed. 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 3 ',\CPH~SANF_1~VOL3~S0638\word~ont\SJP III CEI.doc 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 report to the CITY as to the amount of work complete, the overall quality of executed work, and observed impediments to the successful contract completion. The ENGINEER will not be required to make exhaustive or continuous on-site observations as to the quality or quantity of completed work; he will not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions incidental thereto; the ENGINEER's efforts will be directed toward providing assurance to the CITY that the completed project will substantially conform to the contract, plans, and specifications, but he will not be responsible for the CONTRACTOR's failure to perform the construction work in accordance with said documents. Based on on-site observation as an experienced and qualified design professional, he will keep the CITY informed as to the progress of the work, will endeavor to guard the CITY against defects and discrepancies and will coordinate with the CITY and the Contractor as to disapproving or rejecting work which fails to meet the project plans, specifications or other Contract Documents. 2.3.4 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. 2.3.5 The ENGINEER will issue all instructions of the CITY to the Contractor and prepare routine Change Orders as required. The ENGINEER may, as the CITY's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed); the ENGINEER will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the CITY and the Contractor and will make decisions on all claims of the CITY and the Contractor relating to the execution and progress of the work and all other matters and questions related thereto, but the ENGINEER shall not be liable for the results of any such interpretations or decisions rendered by him in good faith. 2.3.6 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, the ENGINEER will 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 4 ',\CPH_SANF_I',VOL3~0638\word~COnt~.SJP III CELdoc 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. 2.3.7 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. 2.3.8 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. 2.3.9 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. 2.3.10 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. 2.4 Construction Inspection Services 2.4.1 CITY will provide inspection services that will supplement the estimated 22 hours per week of inspection conducted by the ENGINEER. The ENGINEER will rely on CITY inspectors in order to fulfill obligations described under paragraphs 2.2 and 2.3. 2.4.2 Based on an 8 month construction phase, the ENGINEER will provide on-site observation and inspection of installed work and work in progress, and verify Contractor compliance with plans, spedfications, 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 bdng this situation to the CITYs attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee. 5 \\CPH_SANF_1\VOL3',S0638\word'~onfiSJP lIE CEI.doc 2.4.3 Through on-site observations of the work in progress and field checks of installed work, materials and equipment, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work, but this inspection and observation work shall not make the ENGINEER responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the plans, specifications or other contract documents. Note that the construction inspection observation and inspections are to be supplementary to those provided under the Construction Administration Services. 2.4.4 The ENGINEER will provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the ENGINEER is not responsible for the performance of the construction contract by the Contractor. !n 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 CITYo 2.4.5 The ENGINEER shall coordinate his inspection services with the CITY's soils and materials testing firm representatives, with CITY surveyors and others that may from 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 CITYs 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 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. 2.4.7 If determined to be necessary, survey services to support construction shall be provided by Tinklepaugh. Tinklepaugh provided the route survey for the road construction 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. 6 ',\CPH_SANF_1\VOL3\S0638\word%Cont\SJP Ill CEI.doc 3.1. I 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. 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 pdnts 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 SJRWMD 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 pedod 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. 7 \\CPH_SANF_1\VOL3~S0638\wOrd~:Ont~SJP Ill CEI.doc 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 pdvate lands as required for the ENGINEER to perform his work under this Amendment. 4.1.4 Make facilities accessible for inspection. 4.1.5 Dig up existing utilities as necessary for the preparation of the Logan Heights Apartments as-built survey. 4.1.6 Pay all permit application fees. 4.1.7 Inspect the construction on a regular basis and report to the ENGINEER as to the field observations and progress of the CONTRACTOR. 4.1.8 Provide field assistance to the ENGINEER as necessary when decisions or information are needed relating to utility and stormwater connections and relocations resulting from diffedng site conditions. 4.1 o9 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. 4.1.10 Assist in obtaining approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 4.1.1 1 Furnish or direct the ENGINEER in wdting to provide at the CITY's expense, any subconsultant services not designated in Section 2, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.12 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense, necessary additional services as stipulated in Section 3 of this Amendment, or other services as required. 4. i. 13 Provide such legal, accounting, financial and insurance counseling services as may be required for the project, and such auditing services as the CITY may require. 4.1.14 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. SECTION 5 PAYMENT 5.1 Payment 5.1.1 Payment for services and expenses of the ENGINEER to be as set forth below: 8 \',CPH_SANF_l%VOL3%S0638\word~conI~SJP III CEI.doc 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 pdndpals 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 $230,445.00, 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 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 pdndpals 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, headng 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 dudng 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 Contractors method of determining pdces, 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. 9 ~\CPH_SANF_1\VOL3',S0638\word%cont',SJP IIt CEI.doc 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. O~ LORIDA Ant n . a ~ na r ENGINEER: ATTEST &SEAL CPH ENGINEERS, INC. C'~'-'~.~---,"~'~, ~%~%.3L~ ~ierach, P.E. Linda M. Cardner - S~ ~tary/Treasurer President 10 \\CPH_SANF_1\VOL3\S0638\wOrd\cOnt\SJP Ill CEI.doc AMENDMENT NO. 59 TO AGREEMENT DATED DECEMBER 17, 1987 FOR ENGINEERING SERVICES DURING CONSTRUCTION OF ST. JOHNS PARKWAy PHASE (RINEHART ROAD TO UPSALA ROAD) BE'i'WEEN THE CITy OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the/__,~ day of SANFORD FLORIDA (hereinaffer II ~ 2(~;;~ between the CIYY the ENGINEER) is mutuall ca ed the CITY) and CPH ENG 'me OF In ~se of any con~i~ be~n this ~endment and the aforementioned Agreement of De~mber 17, 1987, this Amendment shall govern for the work described herein. "~CP~_,SANF,_i "VOL3'~S0638%word~:~onilSjp Ill CELdoc 1 WHEREAS, the CITY through its consultants has completed designs, engineering plans, specifications, permitting, and other services for the work associated with the St. Johns Parkway Construction, 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 NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as follows: SECTION 1 GENERAL 1.1 General 1.1.1 This Amendment work is to generally provide for engineering services for the administration and inspection of construction and other services as herein specified prior to and during the construction of St. Johns Parkway Phase Ill, from Rinehart Road to Upsala Road, which is approximately 2,800 linear feet of new four lane divided road. Major construction items include construction of curb and gutter, sidewalk, three wet detention ponds, and storm sewer (ranging in size from 18" to 48"x76"), signalization, landscape, and irrigation. Utility construction will consist of relocation of 16" water main, 8" force main and 12" reclaimed water main. 1.1.2 Limited subconsultant services for geotechnical testing (construction quality control on an as-needed basis) and construction control survey layout are included. 1.1.3 Additional subconsultant services including, 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 hereina~er 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 dudng 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 \\CPH_SANF_I \VOL3~SO63~wor~cont~JP fll CEI.doc 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 that is scheduled to extend for a pedod of eight (8) months after issuance of the Notice to Proceed. During the construction period, the ENGINEER will provide the following services: 2.2 Miscellaneous Design and Bidding Services 2.2.1 The ENGINEER will modify plans to incorporate Wal-Mart Construction into the contract (Engineer will track quantities in order to allow City to seek reimbursement of costs from Wai-Mart). 2.2.2 The ENGINEER will modify plans to include Landscape and Irrigation design between Rinehart Road and Upsala Road. 2.2.3 The ENGINEER will modify plans to incorporate water and sewer stubouts at four separate locations to serve parcels north and south of the road in accordance with the City's Agreement with Eoghan Kelley. 2.2.4 The ENGINEER will modify plans to incorporate turn lane construction on Rinehart Road and Upsala Road. 2.2.5 The ENGINEER will prepare separate construction drawings for modified route from west of Meisch Road to Bevier Road. 2.2.6 The ENGINEER will prepare an advertisement for bid for placement in appropriate publications by CITY; distribute and keep records of the distribution of documents to bidders and suppliers; answer questions of bidders and suppliers through written addenda to the documents (no interpretations of the documents shall be made other than through issuance of addenda to the documents); attend the bid opening; evaluate the bids and assist the CITY in its selection of the Construction Contractor; and consult with the CITY and advise it, as requested, in decisions as to the acceptability of sub-contractors and other persons and organizations proposed by the general contractor for those portions of the work for which sub-contractor approval is required by the documents. 2.3 Construction Administration Services 2.3.1 The ENGINEER will advise and consult with the CITY concerning the construction activities and act as the CITY's representative as provided in the General Conditions of the Contract Documents concerning construction administrative matters as hereinafter described. 2.3.2 The ENGINEER will attend and represent the CITY at preconstruction, progress and project closeout meetings with the Contractor, surveyors or layout personnel and 3 \\CPH_SANF_I ~VOL3~.S0638\word~cont\SJP III CELdoc 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 report to the CITY as to the amount of work complete, the overall quality of executed work, and observed impediments to the successful contract completion. The ENGINEER will not be required to make exhaustive or continuous on-site observations as to the quality or quantity of completed work; he will not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions inddental 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. 2.3.4 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. 2.3.5 The ENGINEER will issue all instructions of the CITY to the Contractor and prepare routine Change Orders as required. The ENGINEER may, as the CiTY's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed); the ENGINEER will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the CITY and the Contractor and will make decisions on all claims of the CITY and the Contractor relating to the execution and progress of the work and all other matters and questions related thereto, but the ENGINEER shall not be liable for the results of any such interpretations or decisions rendered by him in good faith. 2.3.6 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, the ENGINEER will 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 4 \~,CPH_SANF_I ~VOL3\S0638\word',,cc, nt~SJP itl CEi.doc 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. 2.3.7 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. 2.3.8 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. 2.3.9 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. 2.3.10 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. 2.4 Construction Inspection Services 2.4.1 CITY will provide inspection services that will supplement the estimated 22 hours per week of inspection conducted by the ENGINEER. The ENGINEER will rely on CITY inspectors in order to fulfill obligations described under paragraphs 2.2 and 2.3. 2.4.2 Based on an 8 month construction phase, the ENGINEER will provide on-site observation and inspection of installed work and work in progress, and verify Contractor compliance with plans, spedfications, 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. 5 \\CPH_SANF_1\VOL3~S0638\wOrd~COnI"~SJP Ill CEI.doc 2.4.3 Through on-site observations of the work in progress and field checks of installed work, materials and equipment, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work, but this inspection and observation work shall not make the ENGINEER responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the plans, specifications or other contract documents. Note that the construction inspection observation and inspections are to be supplementary to those provided under the Construction Administration Services. 2.4.4 The ENGINEER will provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered dudng construction; however, the ENGINEER is not responsible for the performance of the construction contract by the Contractor. In order to maintain a complete record of activities and changes, the ENGINEER will rely on the CITY' to provide information based on inspections conducted by the CITY. 2.4.5 The ENGINEER shall coordinate his inspection services with the CITY's soils and materials testing firm representatives, with CITY surveyore and others that may from time to time provide inspection of the work or other related work, as well as with regulatory agency personnel. 2.4.6 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 propedy 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 Tinklepaugh. Tinklepaugh provided the route survey for the road construction 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. 6 \',CPH_SANF_1\VOL3\S0638\worcF~cont',SJP I1~ CEI.doc 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 dudng 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 SJRWMD 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 spedfled, 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 CITYs 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. 7 %\CPH_SANF_1',VOL3~S0638\word~cont\SJP Ill CEI,doc 4.1.2 Obtain and provide data requested that is reasonably available on the project along with operational and maintenance requirements and easement and right--of-way requirements. 4.1.3 Guarantee access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 4.1.4 Make facilities accessible for inspection. 4.1.5 Dig up existing utilities as necessary for the preparation of the Logan Heights Apartments as-built survey. 4.1.6 Pay all permit application fees. 4.1.7 Inspect the construction on a regular basis and report to the ENGINEER as to the field observations and progress of the CONTRACTOR. 4.1.8 Provide field assistance to the ENGINEER as necessary when decisions or information are needed relating to utility and stormwater connections and relocations resulting from differing site conditions. 4.1,9 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. 4.1.10 Assist in obtaining approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 4.1.1 1 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any subconsultant services not designated in Section 2, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.12 Furnish, or direct the ENGINEER in writing to provide at the CITY's expense, necessary additional services as stipulated in Section 3 of this Amendment, or other services as required. 4.1.13 Provide such legal, accounting, financial and insurance counseling services as may be required for the project, and such auditing services as the CITY may require. 4.1.14 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. SECTION 5 PAYMENT 5.1 Payment 5.1.1 Payment for services and expenses of the ENGINEER to be as set forth below: 8 \\CPH~SANF~1\VOL3\SO635~word%cont~,SJP ill CELdoc 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 $230,445.00, 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 principals and employees, when traveling in connection with the project, toll telephone calls, telegrams, prints, photocopies, and similar project- related items. 5.2.2 The CITY will make prompt payment in response to ENGINEER's invoices without retention for all categories of services rendered under this Agreement and for reimbursable expenses incurred. 5.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $1200.00 per day or 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 pdces, 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. 9 \\CPH_SANF_1\VOL3~,S0638\woFd\cont~SJP ill CEI.doc 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, CITY: ATTEST &SEAL CITY O~ LORIDA Ant n . ~ an r ENGINEER: A"FFEST &SEAL CPH ENGINEERS, INC, Linda M. Gardner - 8~, etary/Tr~sure~' David A.Gierach, P.E. President 10 %\CPH=SANF=I\VOL3',S0638\wOrd%cOnt',SJP I1~ CEI.doc EXHIBIT "A" PLAN OF STUDY TIME AND COST ESTIMATE SERVICES DURING CONSTRUCTION ST. JOHNS PARKWAY PHASE III CONSTRUCTION ' ' ESTIMA I E!:Y' TASK NO. DESCRIPTION P E T D S EXPENSES Modify plans to incorporate WaI-Mart Construction into contract (Engineer will track quantities in order to allow City to seek I reimbursement of costs from Wal-Mart), 6 15 30 60 6 $100.00 Modify plans to include Landscape and Irrigation design 2 between Rinehart Road and Upsafa Road. 2 20 20 80 8 $100.00 Modify plans to incorporate water and sewer stubouts at four separate locations to serve parcels north and south of the road 3 in accordance with the City's Agreement with Eoghan Kelley 2 20 40 100 10 $100.00 Modify plans to incorporate turn lane construction on Rinehart 4 Road and Upsala Road. 8 20 40 100 10 $100.00 Prepare separate construction drawings for modffied route from , _5 west of Meisch Road to Beylet Road. 24 90 130 210 18 $150.00 Bid Phase Services including preparation of Bid Advertisement, distribution of bidding documents, answering bidder questions, '6 preparing addenda andaward documents. I 10 10 10 $50.00 Prepare up to 10 sets of Construction Documents for use by 7 the City and the Contractor during construction 3 $500.00 8 Coordinate and Attend Preconstruction Meeting 2 2 4 I $10.00 9 Attend Progress Meetings (Twice per month for 8 months) 10 40 40 10 $80.00 10 Administration During Construction (8 months) 40 200 420 20 30 $400.00 11 Inspection During Construction (8 months) 10 100 800 10 $200.00 12 Review of Shop Drawings 6 50 I $10.00 13 Review Payment Applications 20 35 4 $30.00 · 14 Prepare Record Drawings 16 40 100 4 $300.00 15 Conduct Final Walk Through and Punch List 4 16 16 8 $10 .00 16 Prepare FDEP and SJRWMD Certifications 4 20 1 $10.00 TOTAL 109 579 1695 670 134 $2,150.00 Sub-total (Based on Standard Biffing Rates) $211,920.00 Reimbursed Expenses $2,150.00 Traffic Engineering Consultant (Traffic Study and Signalization Plans) $10,000.00 Survey Sub-consultant (Route Realignment and Sketches of Description) $2,375.00 Survey Sub-consultant (Rinehart and Upsela intersections) $1,500.00 Geetechnical Sub-consultant (Construction Testing) $2,500.00 TOTAL $230,445.00 j:\s0620.'~9\excel\SJP Phase I~t CEI Proposal.xls 02/01/2002 2:57 PM