301-CPH-Amendment 75-83AMENDMENT NO. 75-83
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ENGINEERING SERVICES
DURING CONSTRUCTION OF
ROOSEVELT AVE. / 19T" ST. VICINITY
PHASE II SANITARY SEWER AND LIFT STATION CONSTRUCTION
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the//~] day ofL'~"/~ ~20 O~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 a new lift station, sewer, and force main in
order to provide sewer service to an existing residential area within the vicinity of Roosevelt
Ave. and 19~h Street.
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:
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 a new lift station, approximately
2760 feet of 8" sanitary sewer, 400 feet of 6" force main, plus single and double
sewer service stubouts located in an existing residential area. The construction
of the lift station will be at the City's stormwater pond site on the south side of the
19th St. R/W, and the sewer construction will be along 19th St. from Tangerine
Ave. to Pear Ave., along Roosevelt Ave. from 19th St. to 16th St., and along
Tangerine Ave., Merthie Ave., Pear Ave., and 18th St.
1.1.2
Limited subconsultant services for geotechnical testing (construction quality
control on an as-needed basis) and electrical engineering subconsultant services
are included.
1.1.3
Additional subconsultant services including surveying, 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.
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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
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, which is scheduled to extend for a period of 150 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 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. Up to eight (8) sets of
construction documents will be provided to the CITY and Contractor (combined)
during construction.
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 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.
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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, 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 that he has made any examination to determine how and for
what purposes the Contractor has used the monies paid on account of the
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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. The ENGINEER will coordinate with the Contractor regarding prevision of
the construction record drawings prior to final on-site inspections and punch list
preparation. The ENGINEER will also 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 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.
2.4.2
Based on a 150 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
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2.4.3
2.4.4
2.4.5
1.3.6
1.3.7
1.3.8
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 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 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
properly 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 ail
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 will be provided
by either Universal Engineering Sciences, Andreyev Engineering, or Ardaman &
Associates.
Electrical engineering subconsultant services, consisting of review of submittals
associated with the lift station electrical and controls, responding to construction
phase questions or requests for information, and conducting 2 site visits to
inspect the lift station electrical and controls and attend start-up. These services
will be provided by Bailey Engineering Consultants.
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SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1
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
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. 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
(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.
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 2.3 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.
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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 (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 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.
4.1.10
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.
4.1.11
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.
4.1.12
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.
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4.1.13
Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any defect in the Project.
5.1
5.1.1
5.1.1.1
5.1.1.2
5.1.1.3
5.2
5.2.1
5.2.2
4.1.3
5.2.4
SECTION 5
PAYMENT
Payment
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
$43,267.50, 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, 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.
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5.2.5 Services provided by outside subconsultants will be billed at the direct cost to the
ENGINEER without increase.
SECTION 6
GENERAL CONDITIONS
5.1
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 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.
ATTEST & SEAL
& SEAL
'-~i~d~' M. Gardner - §ec-retary/Treasurer
CITY OF SANFORD, FLORIDA
ENGINEER:
CPH En.g~ineers, 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. / 19TH ST VICINITY PHASE II SANITARY SEWER AND UFT STATION CONSTRUCTION
ESTIMAte,
TASK NO. DESCRIPTION P E T D S EXPENSE,¢
Bid and Award Phase Se~ioe8 4 8 2 8 $150.00
2 ,Coordinate ~ Attend Preconatruction Meefln~l 1 2 2 $10.00
4 ~,dministration Durin~l Construction (24 weeksI 4 45 65 8 $120.00
5 I~,~,~ During Construction (24 weeks) 15 200 6 4 $640.00
6 Review of Shop Drawings 8 25 2 $20.00
7 Review Payment A~pIIcatlons 4 10 20 8 $60.00
8 Prepare Record Drawin~ls 1.5 3 10 20 2 $50.00
9 Conduct Final Walk Through and Punch List 4 5 2 $20.00
10 Prepare FDEP Caruflcatioos 4 8 1 $10.00
TOTAL 14.6 gg 335 26 37 $1,0~0,00
BREAKDOWN
COSt Based on Standard Billing Rates
Reimbursed Expenses
Electrical Enginnering Subconsultent Se~cos During Construction
Soils Subconsultant Umlted Testing During Construction
TOTAL
$37,287.50
$1,080.00
$2,500.00
$2,400.00