301-CPH-Amendment 65 AMENDMENT NO. 65
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
CONSTRUCTION AND ENGINEERING SERVICES
DURING CONSTRUCTION OF THE
SANFORD MEMORIAL STADIUM DRAINAGE IMPROVEMENT
PROJECT
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on th~<'~ day of ~~/~d/L/, 20Dc~.etween the CITY OF
SANFORD, FLORIDA (hereinafter called the CIT/Y)and CPH ENGINEERS, INC. (hereinafter called
the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an
Agreement dated December 17, 1987, between the parties, herein setting forth the scope, terms
and conditions of the work herein authorized.
In case of any conflict between this Amendment and the aforementioned Agreement of December
17, 1987, this Amendment shall govern for the work described herein.
WHEREAS, the ENGINEER is intimately familiar with and qualified for this project work including
drainage construction and has personnel and capabilities to perform the designated services,
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as
follows:
SECTION 1
GENERAL
1.1 General
1.1.1 Improvements consist of placing a 4" under drain along the backstop and dugouts
within the baseball field area. The under drain will connect to the drainage structure
at the north end of the parking lot. The improvements will also include the
installation of three 4" yard drains in the courtyard area near the 3'd base dugout,
which will connect to the existing roof drain system. Improvements also consist of
the construction of a small swale and one 6" yard drain near the batting cage area
on the southeast corner of the baseball field. A sketch of the proposed
improvements is attached, as Exhibit A.
1.1.2 Work will include construction of the referenced under drain and associated
structures and fine grading in order to prepare the area for sodding. Sodding to be
performed by City staff.
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 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 for this project is based on a construction
phase that is scheduled to extend for a period of 60 days after issuance of the
Notice to Proceed.
2.1.4 The ENGINEER will advise and consult with the CITY concerning the construction.
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 Services relating to permitting. This work is considered a maintenance activity and
therefore, no permitting services have been included.
3.1.3 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.
3.1.4 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.
3.1.5 Additional services resulting from public protests, administrative hearings, or similar
matters.
3.1.6 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.
3.1.7 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 services in connection with the project including services normally
furnished by the CITY as described in Section 4 herein and services not otherwise
provided for in this Agreement.
3
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 diffedng site conditions.
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.
4.1.1 0 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any
subconsultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
4.1.1 1 Furnish, or direct the ENGINEER in wdting to provide at the CITY's expense,
necessary additional services as stipulated in Section 3 of this Amendment, or other
services as required.
4.1.12 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
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 Payment
5.1.1 Payment for services and expenses of the ENGINEER to be as set forth below:
5.1.1.1 Principals and Employees of the ENGINEER.
5.1.1.2 Compensation paid ENGINEER for services described in Section 2 and rendered
by principals and employees assigned to the Project will be a lump sum fee of
$12,400.00, inclusive of out-of-pocket expenses. Invoices will be submitted on a
regular basis and will indicate the percentage of work completed.
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, pdnts, 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.
5
SECTION 6
GENERAL CONDITIONS
6.1 The CITY and the ENGINEER each binds himserf 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.
C I TY: ://l~ i~a~
ENGINEER:
ATTEST &SEAL CPH ENGINEERS, INC.
Vice President - Associate
J:~Z6582.00\WP-WORDXPROPOSAL\Satford'xStadiam. Drainage Impvts,CEI.Aug2002.doc
6
EXHIBIT A
SKETCH OF PROPOSED CONSTRUCTION IMPROVEMENTS
7