301-CPH-Amendment 59AAMENDMENT NO. 59A
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ADDITIONAL ENGINEERING SERVICES
DURING CONSTRUCTION OF
ST. JOHNS PARKWAY PHASE III
(RINEHART ROAD TO UPSALA ROAD)
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the {~5-'-~day of ~ ,20~F-~ between the CITY OF
SANFORD, FLORIDA (hereinafter called the ~I'I~Y) an~'CPH ENGINEERS, INC. (hereinafter called
the ENGINEER), is mutually agreed upon and declared an authorized Amendment to Amendment
59, dated March 19, 2002, and 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 Agreements, 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, permitting, and other services for the work associated with the St. Johns Parkway
Construction, 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 has incurred additional expense associated with changes to design
after project permitting was completed and after receipt of construction bids as well as additional
and increased level of construction administration services;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as
follows:
SECTION 1
GENERAL
1.1 General
1.1.2
This purpose of this Amendment is to request an adjustment to the engineering fee
authorized by Amendment 59, to reimburse ENGINEER for additional costs incurred
as a result of significant design changes to the project after permitting and after
construction award as well as for costs associated with lawsuit resolution efforts and
significantly increased levels of construction administration and construction
inspection services.
1.1.2.2
The fee adjustment herein requested is based primarily on the Additional
Engineering Services provision of Amendment 59; specifically sections relating to
1.1.2.1 Additional services due to significant changes in the scope of the
project or its design including, but not limited to, changes in size,
complexity, character of construction or due to time delays in
initiating or completion of the work as described herein.
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.
1 .t .3
1.1.2.3
Additional construction inspection and administration services than
outlined in Amendment 59.
Specific additional services are outlined in Section 2.
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SECTION 2
SCOPE OF CONSTRUCTION RELATED SERVICES
2,1
General Services of the ENGINEER
2.1.1.1 The ENGINEER provided professional services in connection with the
project as identified in Exhibit "A" to this Agreement.
5.1
5.1.1
5,1.1.1
5.1.1.2
5.2
5.2,1
5.2,2
5.2.5
5.2.6
SECTION 3
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 $53,500.00,
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, 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.
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.
Services provided by outside subconsultants will be billed at the direct cost to the
ENGINEER without increase.
SECTION 4
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 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
Al Gfieshaben (~.ity Mana-~'"'
yST & SEAL
CPH ENGINEERS, INC.
David A.Gierach, P.E.
President
EXHIBIT A
Chronolo~llcal Listing - Additional Services
Date I Activity/Issue
02/07/01 Revise Stormwater Calculations
03/28/01 Agreement Between Eoghan N. Kelley, Harold G. Hartsock, Linda Miller And
City Of Sanford
02/19/02 Responsibilities For Construction Administration & Bidding Discussion -
Sanford Vs. Kelley
03/06/02 ~)iscussion About Fence On Kelley's Property
03/25/02 3id Tabulation
04/03/02 Drainage Easements
04/25/02 Kelley Fill Quantities
05/09/02 Storm Water Design Discussion
05/15/02 Design & Specification Recommendations By Florida Land Design, Inc.
05/22/02 Storm Water Design Modification
05/28/02 Storm Water Design Discussion
05/31/02 .~torm Water Design Discussion
05/31/02 ~& Specification Recommendations By Florida Land Des~
06/07/02 Meetin_~_Between Cph____& Bob S__prinkle - Kelle--~'s Concerns
06/12/02 ~Elevations For Fill And Limestone Replacement With Soil Cement
06/12/02 Soil Cement Vs. Limestone Road Base Issue --
06/13/02 Soil Cement Vs. Limestone Road Base Issue
06/14/02 Storm Water Design Discussion
06/14/02 ~{e-Routing Storm Sewer Proposal By Kelley
06/27/02 .~ettlement Points Regarding A Modification & Restatement Of The Agreement
~ 3etween Sanford & Kelle_~y
07/01/02 vluck Probe Reports
07/05/02 Settlement Points Regarding A Modification & Restatement Of The Agreement
Between Sanford & Kelley
07/10/02 Settlement Points Regarding A Modification & Restatement Of The Agreement
~ Between Sanford & Kelle_~_
07/.~10/02 Topogr______aphic Survey
07/11/02 Permit Modification
07/11/02 ropo~hic Surve__y_y
07/17/02 ~Lanes
07/18/02 ~pec Book Req~uests - Seed & Mulch Costs
07_~/26/02 First Amendment To Agreement Between Sanford & Kelley
07/29/02
~ reement Between Sanford & ~
08/12/0~ First Amendment To A_g_reement Between Sanford ~ ~,elley --
08/21/0~2 Earthwork Quantities
08/30/0~ First Amendment To_~g. reement Between Sanford & Kelley
09/11/0~22 FPL Correspondence Req___uested ~
09/16/02 .
10/08/02 ' ,~p,~ ~,,,u ourvey ~
Earthwork Quantities
10/15/02 Earthwork Quantities
10/17/02 ~lorth Boundary Line & Earthwork Quantities
10/17/02 Elder Road Connection Row & Florida Power Easement
10/18/02 Stormwater Drainage Modification
10/23/02 Alignment Of St. Johns Parkway
10/29/02 Elder Road Connection Row & Florida Power Easement
10/29/02 Earthwork Quantities
10/30/02 Earthwork Quantities
10/30/02 Earthwork Quantities
10/30/02 Permit information Request
10/31/02 Median Interference With Elder Road Connection
10/31/02 Seeding & Mulching Quantities
10/31/02 Earthwork Quantities
11/01/02 Vledian Interference With Elder Road Connection
11/04/02 3reconstruction Meeting - Kelley's Contact Information For Construction
11/06/02 (elley's Contact Information For Construction
11/12/02 -_-arthwork Quantities
11/13/02 'First Amendment To Agreement Between Sanford & Kelley
11/20/02 Proposed Change Order Pricing Provided By Briar, Funding Summary
Revision, Kelley Vs. City Cost Breakdowns
11/20/02 Drafting First Amendment To Agreement Between Sanford And Kelley
12/17/02 Additional Contract Sections To Kelley Agreement
12/17/02 Drafting First Amendment To Agreement Between Sanford And Kelley
12/18/02 Lawsuit Notification
01/03/03 Lawsuit Resolution Meeting Date Discussion
01/07/03 Public Records Relating To St. Johns Parkway East
01/07/03 Lawsuit Resolution Meeting Date Discussion
01/08/03 Lawsuit Resolution Meeting Date Discussion
01/08/03 3arcel Id Information
01/17/03 =ublic Records Request
01/17/03 -awsuit Resolution Meeting Date Discussion
01/20/03 Vleeting - Import Fill Cost & Agreement Between Sanford & Kelley
01/22/03 !Lawsuit Resolution Meeting Date Discussion
01/24/03 Lawsuit Resolution Meeting Date Discussion
02/10/03 First Amendment To Agreement Between Sanford & Kelley
02/14/03 Change Order 1 Draft
02/27/03 Lawsuit Resolution
03/03/03 Lawsuit Resolution
03/03/03 Lawsuit Dismissal
03/07/03 Contract Price Adjustment Based On Delays
03/10/03 Briar Road Improvement Project Construction Contract Documents
03/19/03 Construction Commencement Attempt For 03/26/3
03/19/03 Plan Revisions
03/19/03 Change Of Construction Commencement
03/20/03 Change Of Construction Commencement Based On Review Of Plan Revisions
03/20/03 Change Of Construction Commencement Based On Review Of Plan Revisions
03/21/03 Draft Easement Documents
03/21/03 Trustees Deed And Templar Construction Easements
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03/21/03 Wal-Mart Release And Sanford's Index Of Contract Documents
03/21/03 Easement Disagreement Resolution
03/21/03 Easement Disagreement Resolution
03/24/03 Easement Disagreement Resolution
03/24/03 Easement Disagreement Resolution
03/25/03 Easement Disagreement Resolution
03/26/03 ~NaI-Mart Releases
03/29/03 Escrow Account
03/31/03 3rantors For Drainage Easements
03/31/03 =asement Disagreement Resolution
03/31/03 .~rantors For Drainage F:~$ements
03/31/03 :{eleases
04/01/03 Grants Of Drainage Easements
04/01/03 Contract Price Adiustment Based On Delays
04/02/03 Change Of Construction Commencement Based On Review Of Plan Revisions
04/02/03 Drainage Easements
04/02/03 Easement Disagreement Resolution, Disputed Ownership Investigation
04/03/03 Drainage Easements
04/07/03 Perpetual Non-Exclusive Drainage Easement Agreement
04/08/03 ~)rainage Easements
04/08/03 Jtility Stubouts
04/08/03 ;)utfall Parcel Legal Descriptions
04/08/03 !Special Warranty Deed & Two Temporary Construction F~ment Agreements
04/10/03 Notice Of Voluntary Dismissal Conditions
First Amendment To Agreement, Perpetual Non-Exclusive Drainage Easement
04/11/03 Agreement, Trustee's Deed (Harstock To Sanford) And Special Warranty Deed
(Kelley To Sanford)
04/13/03 Discing Of Material
04/14/03 Prime Contract (Agreement Between City And Briar)
04/15/03 Memorandum Dismissing Lawsuit
04/16/03 Discing Of Material
04/18/03 ~,mendment To The Project Agreement
04/19/03 3eotechnical Concerns
04/20/03 3eotechnical Consulting Services
04/21/03 Vleeting - Geotechnical Concerns
04/21/03 3eotechnical Concerns
04/22/03 '~eotechnical Consulting Services
04/22/03 !Geotechnical Concerns - Muck Removal
04/24/03 Amendment To The Project Agreement
04/28/03 Geotechnicat Concerns - Muck Removal
04/29/03 FPL Power Requirements
04/29/03 Geotechnical Concerns - Muck Removal
04/29/03 Geotechnical Concerns - Muck Removal
04/29/03 Conflict With Existing Water Main And Proposed Storm Lines
04/30/03 Disagreement With Kelley- Geotechnical Concerns
05/06/03 Violation Of The First Amendment Of Agreement Between Sanford And Kelley
05/07/03 Response To Notice Of Violation Of The First Amendment Of Agreement
05/09/03 Escrow Account
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05/12/03 Discing Of Material
05/12/03 Discing Of Material
05/14/03 Executed Change Order No. 1
05/20/03 Geotechnical Consulting Services
05/21/03 Geotechnical Consulting Services
06/05/03 Discing Of Material
06/05/03 Geotechnical Concerns
06/06/03 Increase Of Penny Tax Funds Due To Change Order No. 1
06/09/03 Geotechnical Concerns
06/09/03 3eotechnical Concerns - Stripping & Grubbing
06/13/03 Storm Structure Modifications
06/16/03 Vleeting - Stripping Concerns
06/26/03 Nork Directive Change No. 1
06/27/03 Discing Of Material Violation - Scheduling Meeting For Discussion
06/27/03 Storm Structure Modifications
07/01/03 Discing Of Material Violation - Scheduling Meeting For Discussion
07/02/03 Storm Structure Modifications
07/02/03 Topsoil On Kelley Site
07/08/03 Topsoil On Kelley Site
07/09/03 First Amendment To Agreement Between Sanford & Kelley - Refueling
07/09/03 Topsoil On Kelley Site
07/11/03 =iefueling issues
07/13/03 topsoil On Kelley Site
07/14/03 :{efueling Issues
07/18/03 I'opsoil On Kelley Site
07/18/03 Unsuitable Material
07/18/03 Topsoil On Kelley Site
07/19/03 Topsoil On Kelley Site
08/07/03 Unsuitable Material
08/07/03 Unsuitable Material
08/11/03 Geotechnical Consulting Services
08/12/03 Refueling Issues
08/12/03 Refueling Issues
08/13/03 Refueling Issues
08/13/03 Refueling Issues
08/14/03 Geotechnical Consulting Services
08/14/03 Gectechnical Consulting Services
08/18/03 F~efueling issues
08/20/03 F:lefueling Issues
08/20/03 =low Agreement Between City & Kelley
08/20/03 =iefueiing Issues
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