301-CPH-Amendment 77-87 AMENDMENT NO. 77-87
AGREEMENT FOR CONTINUING SERVICES
FOR
TOPOGRAPHIC SURVEYING SERVICES - SANFORD MARINA
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
Sanford, Florida (hereinafter called (~ITY) and CPH
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.
WHEREAS the CITY is requesting a topographic survey of the Sanford Marina; and
WHEREAS the ENGINEER is equipped to provide surveying services;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree
as follows:
1.1
1.1.1
SECTION 1
General
Introduotion
Engineer will provide through its surveying division, topographic services for the
Sanford Marina.
2.1
2.1.1
2.1.2
2.1.3
SECTION 2
Scope of Services
General Description
The ENGINEER will provide limited topographic surveying complying with
requirements provided by the client, State of Florida minimum technical standards for
surveying and City of Sanford requirements.
On-site survey shall include:
1. Locate vertically and horizontally the north shoreline of the marina.
2. Provide topographic information on a 100-foot grid from the shoreline to
the channel.
The ENGINEER will serve as the CITY's professional engineering representative in
those phases of the project to which this Scope of Services applies, and will give
consultation and advice to the CiTY during the performance of his services.
3.1
3.1.1
SECTION 3
Additional Services of the ENGINEER
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.
Additional services due to major changes in the scope of the project.
3.1.2
3.1.3
3.1.4
3.1.5
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,
pub ic hearing, condemnation proceeding, right-of-way or easement acquisition or
negotiation, or other legal / administrative proceeding
Additional services in connection with the proiect including services normally
furnished by the CITY as described in Section 4 herein and services not otherwise
provided for in this Agreement.
SECTION 4
CITY Responsibilities
4.1
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
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.
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. Assist in obtaining approval of ail
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, a,ny
sub-consultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
3
4.1.6
4.1.7
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
5.1.1
5.2
5.2.1
5.2.2
5.2.3
5.2.4
5.2.5
SECTION 5
Payment
General Payment Provisions
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 $5,500.00,
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
proiect, 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 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 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.
4
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. 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 an expeditious and 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.
(A'i-I'EST & SEAL)
gherty - Cily Clerl(
(~/~ST & SEAL) ~ Z
~.i~a~a' M. ~G~ffdner, ~ecretary/Treasurer
ENGINEER:
CP~ Engineers, I.n c~/~
David A. Terwi~[leger, P.E. - VicexPresK~en~
5
EXHIBIT "A"
Topoara~hic Survey
Research
Set up Calculations
Field Bench Run
Field Locations
Check Field Work
Topo Calculations
Cadd Drafting
Field Set Bench Mark~
Check Survey
Hours
2.00
1.00
4.00
32.00
2.00
4.00
8.00
1.00
1,00
Rate
$ 90.00
$ 85.00
$100.00
$100.00
$ 75.00
$ 85.00
$ 65.00
$ 90.00
$ 90.00
Total
$ 180.00
$ 85.00
$ 400.00
$3,200.00
$ 150.00
$ 340.00
$ 520.00
$ 90.00
$ 90.00
Overall Total: 55.00 $5,055.0~