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301-CPH-Amendment 66AMENDMENTNO. 66 TO AGREEMENT DATED DECEMBER 17, 1987 FOR ENGINEERING SERVICES DURING CONSTRUCTION OF AIRPORT BOULEVARD PHASE II UTILITY RELOCATIONS (SR 417 OVERPASS TO CR 46A) BETVVEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. 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 J:\S0620 16\word~cont~Airport Blvd. Phase II CEI doc WHEREAS, the CITY through its consultants has completed designs, engineering plans, specifications, and other services for the new 18" water main and 18" force main starting west of the SR 417 beltway overpass and proceeding nodhwest to CR 46A along Airport Boulevard; and, WHEREAS, the City of Sanford has an established relationship and continuing services agreement with ENGINEER for provision of services on this project on which the ENGINEER previously prepared engineering designs, plans, specifications and assisted with the bidding process; and WHEREAS, the ENGINEER is intimately familiar with and qualified for this project work including utility construction and has personnel and capabilities to perform the designated services; and WHEREAS the CITY has requested the ENGINEER to pedorm additional engineering services for the permitting and during the construction of the new water main and force main; 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 the new 18" water main and 18" force main starling west of the SR 417 beltway overpass and proceeding northwest to CR 46A along Airport Boulevard. 1.1.2 The ENGINEER provided S.R.F. planning, design and permitting assistance for the Marquette Avenue Utilities Construction project. In addition, the ENGINEER assisted the CITY in obtaining funding for the project under the State Revolving Loan Program. In order to maintain the eligibility for financing under the S.R.F. 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 will assist in coordinating the loan agreement. The ENGINEER will serve as Engineer of Record during construction of the project as required by FDEP and provide inspection and other engineering services during construction as further described below. 1.1.3 Limited subconsultant services for geotechnical testing (construction quality control on an as-needed basis) and construction control survey layout are included. 1.1.4 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. 2 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 per[orm 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 that is scheduled to extend for a period of 180 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 modify the plans to incorporate the latest roadway construction base provided by Seminole County's roadway design consultant. 2.2.2 The ENGINEER will assist the CITY in applying for construction permits from Seminole County including submittal of plans and coordination with the County during the review process, and will revise the plans as necessary based on the County's review. 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 the bidding and construction phases and assist in coordinating the loan agreement. The ENGINEER will serve as Engineer of Record during construction of the project as required by FDEP and provide inspection and other engineering services as described. 2.2.4 The ENGINEER will include in the drawings the design for Seminole County utility relocations at the Airport Boulevard - Old Lake Mary Road intersection. The cost for this service to the County is included in this Amendment; the CITY will seek reimbursement of this cost from the County. 2.2.5 ENGINEER will provide bidding services consisting of answering bidder questions, issuing addenda, evaluating bids, and providing an award recommendation to CITY. 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 construction quality control testing personnel. The ENGINEER will also 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, the ENGINEER 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 4 of payments to the Contractor in such amounts; such recommendations to constitute representations to the City, that are expressions of the ENGINEER's opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval). By recommending an application for payment, the ENGINEER shall not be deemed to have represented that he has made any examination to determine how and for what purposes the Contractor has used the monies paid on account of the Contract Price, or that title to any of the Contractor's work, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests or encumbrances. Such representations shall at no time be considered as a legal obligation of the ENGINEER. 2.3.7 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. 2.3.11 Included as part of the Construction Administration services defined by Section 2.3 are those construction administration services associated with the Seminole County utility relocations at the Airport Boulevard - Old Lake Mary Road intersection. The cost for this service to the County is included in this Amendment; the CITY will seek reimbursement of this cost from the County. 2.4 FDEP S.R.F. Construction Administration 2.4.1 The ENGINEER will make plan revisions and prepare responses to FDEP. 2.4.2 The 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 J:/S0620.16\word/cont~irpod Bird Ptlase II CB.dOC fulfilled his obligations thereunder so that the ENGINEER may prepare a Certification of Completion of Construction for submission to FDEP. 2.4.3 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: 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: Executed Contract Documents Itemized Construction Cost Breakdown Notice to Proceed Change Orders Notification of Substantial Completion (beneficial use of project) FDEP will also participate in the Pre-Construction Conference and provide periodic inspections during construction. 2.4.4 2.5 ENGINEER will prepare monthly S.R.F. Loan Disbursement Requests. Construction Inspection Services 2.5.1 2.5.2 CITY will provide inspection services that will supplement the estimated 12 hours per week of inspection conducted by the ENGINEER. The ENGINEER will rely on CITY inspectors in order to fulfill obligations described under paragraphs 2.3 and 2.4. Based on a 180 day construction phase, the ENGINEER will provide on-site observation and inspection of installed work and work in progress, and verify Contractor compliance with plans, specifications, change orders and field directives. The ENGINEER will observe work dudng execution to observe construction methods and techniques, and will selectively inspect delivered materials on-site or at their source (not including materials testing to be provided by others) as to compliance with the Contract Documents. Neither full-time observation at any work site nor observation of all work sites while Contractor is working is anticipated as necessary. If it is determined that, due to construction progress (or lack thereof) or other related matters that additional time and cost or other changes than enumerated in this scope of services or in the attached Plan of Study are required to adequately address the construction inspection or administration items; the ENGINEER is obligated to bring this situation to the CITY's attention and to furnish services as may be agreed upon and to negotiate a change in the authorized fee. 2.5.3 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 6 2.5.4 2.5.5 2.5.6 2.5.7 2.5.8 2.5.9 2.5.10 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. 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. The ENGINEER shall coordinate his inspection services with regulatory agency personnel as necessary. Soils and materials test results furnished by the Contractor's testing firm shall be reviewed by the ENGINEER to help determine if backfill and other construction is properly located and meets the project requirements. The ENGINEER shall maintain a file of provided copies of test results during the construction process and prior to approval of the Contractor's final pay request, shall review the plans and test results to determine whether all required testing is on hand and that all tests reported acceptable materials, compaction, etc., and that construction is properly located. Limited geotechnical testing, in addition to testing provided bythe Contractor, 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. 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 Airport Boulevard Phase II roadway design. Survey services shall consist of assisting the Contractor in establishing the project benchmark. 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. Included as part of the Construction Inspection services defined by Section 2.5 are those construction inspection services associated with the Seminole County utility relocations at the Airport Boulevard - Old Lake Mary Road intersection. The cost for this service to the County is included in this Amendment; the CITY will seek reimbursement of this cost from the County. 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. 7 3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 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. Provide through subconsultants, environmental scientist (jurisdictional and permitting) services, or other specialist services including real estate/right-of-way agents, projectJconstruction 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. 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. Additional services resulting from public protests, administrative hearings, or similar matters. 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. Furnishing additional sets of prints of drawings and other Documents beyond those designated in the Plan of Study. Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the FDEP or other regulatory agency requirements. 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. 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. 8 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 4.1.11 4.1.12 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. 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. 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 4.1.14 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. 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: 9 5.1.1.1 5.1.1.2 5.2 5.2.1 5.2.2 5.2.4 5.2.5 5.2.6 Principals and Employees of the ENGINEER. 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 $148,282.97, inclusive of out-of-pocket expenses. Invoices will be submitted on a regular basis and will indicate the hours expended during that billing cycle. Note that out of the total not to exceed fee, a lump sum cost of $11,097.97 is for those services associated with the design, construction administration, and inspection for the Seminole County utility relocations at the Airport Boulevard - Old Lake Mary Road intersection. The CITY should seek reimbursement in the amount of $11,097.97 from Seminole County for work conducted under this Agreement for the County. Reimbursed Expenses 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. 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. 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). 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. Services provided by outside subconsultants will be billed at the direct cost to the ENGINEER without increase. SECTION 6 GENERAL CONDITIONS 6.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment or over any construction Contractor's method of determining prices, any opinion of probable construction cost which may be provided in the services of this Amendment 10 are made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 6.2 The CITY and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any dghts 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. ATTEST & SEAL EST & SEAL Linda M. Gardner - Secretary/Treasurer ENGINEER: CPH ENGINEERS, INC. David A. Gierach, P.E. - President 11 EXHIBIT "A" PLAN OF STUDY TIME AND COST ESTIMATE SERVICES DURING CONSTRUCTION AJRPORT BLVD. PHASE II UTILITY RELOCATIONS PRECONSTRUCTION Update Plans to incorporate new base provided by Seminole County 4 20 40 60 4 $4000 Apply for construction permit from Seminole County, coordinate with the County, revise plans as necessary based on County 2 review, issue addenda reflectin~ changes 2 20 20 20 2 $400{ Provide coordination and assistance in obtaining necessary ~pprovals of addenda, bid documents award documents and ;hange orders from FDEP during construc[ion and assist in :oordinating the loan agreement The ENGINEER will serve as :ngineer o1 Record during construction of the project as required 3y FDEP and provide inspection and other engineering services ~s described, 5 14 54 14 3 $4000 ~repare up to 10 sets of Construction Documents for use by the 3ity and the Contractor during construction 3 $22500 SUB-TOTAL (PRECONSTRUCTION~ 11 54 1 t4 94 12 $345.00 0ONSTRUCTION PHASE Coordinate and Attend Preconstruction Meetin~ 4 6 5 2 $10 00 CEI Services Attend Pro~ress Meetings (Bi-weeklyI 4 40 40 8 $10.00 Administration Durin~ Construction (27 weeksI 20 120 250 16 30 $160 00 Inspection During Construction (27 week., 80 350 4 $32000 d Review of Shop Drawings S 50 3 $1000 e Review Payment Applications 6 24 60 4 $30.00 Prepare Record Drawings 2 6 20 70 2 $150.00 g Conduct Final Walk Throu,~h and Punch Lisl 2 20 2 $1000 h Make plan revisions and prepare responses to FDEP 4 8 8 2 Coordinate with FOEP/CITY to assist in compliance with the S.R.F. Program to maintain e~igibility ot project costs for financing including request for authorization to award construction contract and review and approval of executed contract documents, itemized construction cost breakdown, notice to proceed, change orders and notification of substantial completion (benet~cial use of project). 8 8 8 8 ENGINEER will prepare monthly S,RF. Loan Disbursement Requests 2 8 20 9 Prepare FDEP Cediflcations 4 16 1 $10.00 SUB-TOTAL {CONSTRUCTION PHASE} 50 306 880 94 58 $710.00 TOTAL I 61 I 360 I 994 r 188 I 70 I $1,055.00 BREAKDOWN Preconstruction Phase Cost Based on Standard Billing Rates Reimbursed Expenses SUB-TOTAL Design (Seminole Co Relocations) TOTAL (PRECONSTRUCTION PHASE) Construction Phase Cost Based on Standard Billing Rates Reimbursed Expenses Sur~ey Subconsultsnt (Construction Survey Control) Geotechnicat Subconsultant (Limited Quality Control Testing) SUB-TOTAL CEI (Seminole CO. Relocations) TOTAL (CONSTRUCTION PHASE) TOTAL City Share Count}, Share $19,975.00 $345OO $20,320.00 $5,20000 $25,820.00 $103,700.00 $710.00 $9,955 00 $2,5OOOO $116,865.00 $5,89797 $122,762.97 $148,282.97 $11,09797 $137,18500