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205-CPH-Amendment 57B AMENDMENT No. 57B TO AGREEMENT FOR CONTINUING SERVICES FOR ENGINEERING SERVICES DURING BIDDING AND CONSTRUCTION OF THE SANFORD NORTH WRF DISINFECTION SYSTEM IMPROVEMENTS BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the /f.-~-~ day of Y I~7~Lx-'cc'c~, 2003 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 7, 1983, 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 7, 1983, this Amendment shall govern for the work described herein. SECTION 1 PURPOSE OF AMENDMENT 1.1. Introduction The City of Sanford, through its consultant, CPH Engineers, Inc., has completed the design and permitting of the "new" Sanford North Water Reclamation Facility Disinfection System Improvements, in accordance with the approved Capital Improvements Plan (CIP), Wastewater Facilities Plan Addendum, City's Comprehensive Plan and Master Wastewater Plan. The Project includes the construction of the following utility improvements: · A sodium hypochlorite storage and feed building at the Sanford North WRF and all associated equipment, piping, and appurtenances. · Sodium hypochlorite storage and feed facilities, pumping systems, containment area and all associated equipment, piping and appurtenances at the Sanford North WRF. · Demolition of the "existing" gaseous chlorination system. · Dechlorination chemical storage and feed facilities, building and all associated equipment, piping and appurtenances. · Electrical, controls and instrumentation systems. · SCADA system modifications. · Associated yard piping, plant roadway modifications, stormwater management system modifications, landscaping and signage, and miscellaneous sitework at the Sanford North WRF. To meet the current CIP schedule, scheduling mandates of FDEP, bidding and construction of the improvements needs to proceed as soon as possible. The Engineer provided State Revolving Fund (SRF) planning, design and permitting assistance for the Sanford North WRF Project. In addition, the Engineer assisted the City of Sanford in obtaining funding for the project under the State Revolving Loan Program. In order to maintain the eligibility for financing under the SRF 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 the "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. 1.2. Purpose of the Amendment The purpose of this Amendment is to authorize the Engineer to provide additional engineering design and permitting work associated with the Project and engineering services for the bidding, construction administration and construction engineering inspection services as herein specified. The Engineer shall provide all services required to complete each task in accordance with regulatory requirements in effect on the date of execution of this Agreement to the extent of the scope of work as defined and set out in this Amendment. The Engineer shall perform professional services as hereinafter stated in accordance with good engineering practices. SECTION 2 BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES 2.1. General Services of the Enqineer A. The Engineer agrees to perform professional engineering services in connection with the Project as hereinafter stated. 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 with, consult with, and provide advice to the City during the performance of these services. Under this Agreement, the Engineer is to provide bidding services, project engineering services, construction administration services, and construction engineering inspection services. Through a subconsultant, the Engineer will provide electrical engineering construction administration services for the Project. The Engineer will serve as the "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. The construction period for these activities will commence with the award of the 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 the FDEP. The time and cost estimate for the professional engineering services is based on a construction phase that is scheduled to extend a period of three hundred (300) calendar days after issuance of the Notice to Proceed. 2,2, Bidding and Pre-Construction Services A. The Engineer shall provide Bidding services and pre-construction services for the proposed Sanford North WRF Disinfection System Improvements, including, but not limited to, the following: Provide Bidding services for the Project, including issuance of Contract Documents (Technical Specifications and Drawings) to the local planning rooms and all interested Contractors and suppliers, answering of all pertinent questions by potential bidders/suppliers and issuance of addenda prior to Bidding of the Project. The Engineer will coordinate and hold a pre-bid conference with the City to answer questions pertaining to the scope and construction of the project from all potential Bidders, suppliers and other plan holders. The Engineer will prepare a "Qualifications Package" for all potential bidders and will "pre-qualify" potential bidders prior to the Bid date. The Engineer will coordinate with the City for preparation and issuance of addendums to all potential Bidders and suppliers during the bidding period. The Engineer will prepare a Bid tabulation, evaluate all Bids with regard to the qualifications and the responsiveness of the Bidders, and make a recommendation to the City for award of the Contract. The Engineer will assist the City in awarding the Contact, issuing the Notice of Award, Notice to Proceed and the Notice of Commencement to the Contractor. B. Construction Administration Services 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 and Supplementary Conditions of the Contract Documents concerning construction administration matters as hereinafter described. The Engineer will attend, represent the City and conduct preconstruction, progress and project closeout meetings with the Contractor, suppliers, surveyors or layout personnel and construction quality control testing personnel. The Engineer shall review and monitor the Contractor's construction schedule and advise the City of any anticipated project delays and/or early completion indicated through such review and through construction progress observation. The Engineer will make daily visits to the Project sites 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 completion of the Contract. The Engineer will not be required to make exhaustive or continuous "on-site" observations as to the quality or 4 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 Documents, but he will not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract 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 that fails to meet the requirements of the Contract Drawings, Specifications or other Contract Documents. 4. The Engineerwill 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 Contract Drawings, Specifications, and other Contract Documents as well as City of Sanford requirements. 5. The Engineer will issue all instructions of the City to the Contractor and prepare routine Field Orders, Work Directives and Change Orders as required and approved by the City. 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. 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 owed 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 5 10. 11. 12. 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. 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 Contract Drawings, 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 application for payment request. The Engineer will review Contractor provided Project 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. The Engineer shall coordinate with the Contractor regarding provision of the construction Record Drawings prior to final "on-site" inspections and punch list preparation. The Engineer shall prepare and furnish to the City a reproducible set of record drawings showing those changes made during the Project construction based on the data noted above. The Engineer will prepare statements of completion, qualified if necessary, certifying completion of the Work, and submit these 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. The Engineer shall coordinate ail proposed work and improvements with the City, FDEP, EPA, SJRWMD, all other jurisdictional agencies and the Contractor(s). The Engineer shall provide construction inspection services associated with the proposed Project improvements as specified in Article 2.3 of this Amendment. 6 13. 14. The Engineer shall provide project closeout activities associated with the proposed improvements. 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 SRF 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. 2.3. 'Construction Inspection Services The City will provide inspection services that will supplement the estimated ten (10) hours per week of construction inspection/administration conducted by the Engineer. The Engineer will rely on City inspectors in order to fulfill the obligations described under Article 2.2 of this Amendment. Based on a three hundred (300) calendar day construction phase, the Engineer will provide "on-site" observation and inspection of installed Work and Work in progress, and verify Contractor compliance with the Contract Documents, change orders, work directives and field orders. 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 tested 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 the 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 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 fees. 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 of 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 Contract Documents. Note that the construction inspection observation and inspections are to be supplementary to those provided under the Construction Administration Services (Article 2.2 of this Amendment). 7 D. 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 bythe Contractor. 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. E. The Engineer shall coordinate his inspection services with the City's and Contractor's soils and materials testing firm representatives, 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 City's and Contractor's testing firm shall be reviewed by the Engineer to help determine if fill, concrete and asphaltic concrete and other construction is properly located and meets the project requirements. The Engineer shall maintain a file of provided copies of tests results and survey checks during the construction process and prior to approval of the Contractor's final application for payment, shall review the Contract Documents 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. G. If determined to be necessary, survey services to support construction shall be provided by CPH Engineers, Inc. at an additional cost to this Amendment. CPH Engineers, Inc. provided the survey for the original Project design. Survey services shall consist of assisting the Contractor in establishing the project benchmark. H. 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 Andreyev Engineering, Inc. (performed the original geotechnical subsurface investigation for the project). 8 SECTION 3 SUPPLEMENTARY SERVICES OF THE ENGINEER 3.1. 3.2. 3.3 3.6, 3.7, If authorized by the City, the Engineer shall furnish or obtain from others the following supplementary services, orthe City may provide these services separately or directly with the provider. Such additional services shall be paid for by the City as outlined in Section 5. 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 services, or other specialist services including, but not limited to, real estate/right-of-way agents, project/construction management, financial/budgetary consultant, surveying, geotechnical investigations and bookkeeping/accounting services. Ifthese services are subsequently determined advisable during the course of the Work, they may be considered for authorization as an additional service under this Section er 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. Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the U.S. EPA, Florida Department of Environmental Protection (FDEP), or other regulatory agency requirements. 9 3.8 Additional engineering design and permitting, construction inspection and administration services other than outlined in Section 2 including the estimates contained herein caused by a longer construction period than specified, or other construction or field conditions not anticipated and beyond the Engineer's control. 3,9, 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. 3.10 Furnishing additional sets of Contract Documents in excess of three (3) sets. 10 SECTION 4 CITY RESPONSIBILITIES 4.1 In E. F. G. addition to the specific responsibilities hereinbefore described, the City will: 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. 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. Make facilities accessible for inspection. Pay all permit fee applications. Dig up existing utilities as necessary for the preparation of the "as-built" survey. Inspect the construction on a regular basis and report to the Engineer as to the field observations and progress of the Contractor. Provide field assistance to the Engineer as necessary when decisions or information are needed relating to utility connections, demolition and relocations of existing piping, equipment, structures, appurtenances and ancillaries resulting from differing site conditions. 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. 11 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. K. 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 that the City concurs 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. M. 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. N. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Project. 12 SECTION 5 PAYMENT Payment for services and expenses of the Engineer are to be as set forth below. The Engineer agrees to perform the work outlined in this Agreement for a lump sum fee as indicated in the following table. Bidding Services and Documents $8,000 Civil / Environmental Engineer $37,500 Electrical Subconsultant $10,000 FDEP Permit Fee and Project Certification $3,500 Surveying $2,000 ,- ~ 5,2, The City will make prompt monthly payments in response to Engineer's monthly statements without retention for all categories of services rendered under this Agreement. 5.3. Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $1,200 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 herein). 5,4, 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 Section 5 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 13 SECTION 6 GENERAL CONDITIONS 6,1, Since the Engineer has no control over the cost of labor, materials, or equipment or over any construction 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 the construction cost will not vary from opinions of probable construction cost prepared by him. Similar limitations apply to construction schedules reviewed or prepared by the Engineer. 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. 14 IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. ATTEST & SEAL CITY: City of Sanford, Florida DATE TITLE ATTEST & SEAL ENGINEER: CPH Engineers, Inc DATE · F~-ies Vice-President DATE David A. Gierach, P.E. President C:\Documents and Settings~ofdes~SNWRF NaOCI CEI wpd 15