301-CPH-Amendment 71AMENDMENT NO. 71
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ENGINEERING SERVICES
DURING CONSTRUCTION OF
ROOSEVELT AVE. / 19TH ST. VICINITY
PHASE II WATER MAIN CONSTRUCTION
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the ~)~day of J/~ g~_~ , 2092,.~ between the CITY OF
SANFORD, FLORIDA (hereinafter called the CITY) and CPH ENGINEERS, INC. (hereinafter called
the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement
dated December 17, 1987, between the parties, herein setting forth the scope, terms and conditions
of the work herein authorized.
In case of any conflict between this Amendment and the aforementioned Agreement of December
17, 1987, this Amendment shall govern for the work described herein.
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WHEREAS, the CITY through its consultants has completed designs, engineering plans,
specifications, and other services for construction of approximately 3,600 LF of 6" water main and
approximately 740 LF of 2" water main along Roosevelt Avenue, 19th Street, 16th Street, Tangerine
Avenue, Merthie Avenue, and Pear Avenue; 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
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 CDBG funds (through the Seminole County Community Development Division) are
available for this work and CITY has requested the ENGINEER to perform engineering services
during construction;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as
follows:
1.1
1.1.1
1.1.2
1.1.3
SECTION 1
GENERAL
General
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 approximately 3,600 LF of 6" water main and
approximately 740 LF of 2" water main along Roosevelt Avenue, 19th Street, 16th
Street, Tangerine Avenue, Merthie Avenue, and Pear Avenue.
Limited subconsuitant services for geotechnical testing (construction quality control
on an as-needed basis) are included.
Additional subconsultant services including surveying, water quality monitoring, or
other specialist services are not included. If these services are subsequently
determined advisable dudng 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
2.1.1
Genera Services of the ENGINEER
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
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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
2.1.4
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.
The construction period for these activities will commence with the award of
construction contract by the City and will terminate upon written approval of final
payment by the CITY for the contract and certification of completion to regulatory
agencies. The time and cost estimate attached to this Plan of Study is based on a
construction phase, which is scheduled to extend for a pedod of 90 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 provide bidding services consisting of distribution of bidding
documents, answering bidder questions, issuing addenda, attending the bid opening,
evaluating bids, and providing an award recommendation to CITY. The ENGINEER
will also coordinate with Seminole County Community Development staff during the
bidding and award phase.
2.3
Construction Administration Service.~
2.3.1
2,3.2
The ENGINEER will advise and consult with the CITY conceming 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. Up to eight (8) sets of construction documents will be
provided to the CITY and Contractor (combined) during construction.
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 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
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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, determine the amounts
owing to the Contractor and recommend approval in wdting 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 bdng any apparent discrepancies between the
as-built conditions and the design conditions to the attention of the CITY. The
ENGINEER will coordinate with the Contractor regarding provision of the
construction record drawings prior to final on-site inspections and punch list
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2.3.9
2.3.10
2.4
2.4.1
2.4.2
2.4.3
2.4.4
preparation. The ENGINEER will also prepare and fumish to the Citya reproducible
set of record drawings showing those changes made during the construction based
on the data noted above.
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.
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.
Construction Inspection Services
CITY will provide inspection services that will supplement the estimated 8 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.
Based on a 90 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 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.
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.
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.
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2.4.5
2.4.6
2.4.7
The ENGINEER shall coordinate his inspection services 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.
Soils and materials test results furnished by the Contractor'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.
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.
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
If authorized by the CITY, the ENGINEER shall fumish 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. These additional services include:
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.
Providing through subconsultants, surveying, environmental scientist 0urisdictional
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.
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.
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3.1.6
3.1.7
3.1.8
3.1.9
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 2.3 and 2.4 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.
4.1
The CITY will:
SECTION 4
THE CITY'S RESPONSIBILITIES
4.1.1
4.1.2
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.
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
4.1.5
4.1.6
Make facilities accessible for inspection.
Pay all permit application fees.
Inspect the construction on a regular basis (to supplement ENGINEER'S limited
inspection) and report to the ENGINEER as to the field observations and progress of
the CONTRACTOR.
4.1.7 Provide field assistance to the ENGINEER as necessary when decisions or
information are needed relating to utility and stormwater connections and relocations
resulting from differing site conditions.
4.1.8 Examine ail 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.
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J AS06501v,~r d~Cont IRoosevelt Ave, - 19th Street WM CEI Services.doc
4.1.9
4.1.10
4.1.11
4.1.12
4.1.13
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.
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.
5.1
Payment
SECTION 5
PAYMENT
5.1.1
5.1.1.1
5.1.1.2
5.1.1.3
5.2
5.2.1
Payment for services and expenses of the ENGINEER to be as set forth below:
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 $18,105.00,
inclusive of out-of-pocket expenses. Invoices will be submitted on a regular basis
and will indicate the hours expended during that billing cycle.
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, 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 ali categories of services rendered under this Agreement and for
reimbursable expenses incurred.
5.2.3 Charges for the services rendered by pr ncipals and employees as witnesses n any
litigation, hear ng or proceeding will be computed at a rate of $1200.00 per day or
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5.2.4
5.2.5
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 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 pdor 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
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
~ et R. Dougherty, CIV,~C _ City ~erk
Linda M. Gardner~ Secretary/Treasurer
Brady Lessar(}l - Mayor
ENGINEER:
CPH Engineers, Inc.
David A, Gierach, P.E. - President
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EXHIBIT "A"
PLAN OF STUDY
TIME AND COST ESTIMATE
SERVICES DURING CONSTRUCTION
ROOSEVELT AVE. 119TH ST VICINITY PHASE II WATER MAIN CONSTRUCTION
BREAKDOWN
Cost Based on Standard Billing Rates
Reimbursed Expenses
Soils Subconsultant Limited Testing During Construction
TOTAL
EXPENSE;
$10.00
$60.00
$320.00
$10.00
$30.00
$50.00
$10.00
$10.00
$16,955.00
$650.00
$500.00
$18,105.00
3/26/03 lO:38 AM