301-CPH-Amendment 82-83AMENDMENT NO. 82-83
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
ENGINEERING SERVICES
DURING CONSTRUCTION OF
AIRPORT LIFT STATIONS AND FORCE MAINS
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the~:~ /~X~day of ~4~7''~'L'~-'~Y-x, 200/--~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 two new lift stations and associated sewer and force mains at
the Sanford-Orlando International Airport; 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 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 the CITY has requested the ENGINEER to perform additional engineering services for
the permitting and during the construction of the new water main and force main;
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
pror to and during construction. The construction will occur on airport property at
several locations, including north of the runway, along E. 26th Place, along
Mellonville Ave. (from E. 26~h Place to Airport Blvd.), along Airport Blvd. (from
Mellonville Ave. to Red Cleveland Blvd.), and along Red Cleveland Blvd. (from
Airport Blvd. to Marquette Ave.). The construction consists of two new lift stations,
removal of one existing lift station, removal of an abandoned wastewater treatment
plant (located south of SR 46), construction of approximately 7400 linear feet of 10"
force main, 4200 linear feet of 12" force main, 1900 linear feet 8"-12" sanitary sewer,
and 2400 linear feet of 12" water main.
1.1.2
Limited subconsultant services for geotechnical testing (construction quality control
on an as-needed basis) and construction control survey layout are included.
1.1.3
Electrical engineering subconsultant services are included.
1.1.4
Additional subconsultant services including 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
2.1.2
2.1.3
The ENGINEER agrees to perform professional 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, 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.
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 that is scheduled to extend for a period of 300 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
ENGINEER will provide bidding services consisting of preparation of the Bid
Advertisement, distribution of bidding documents, answering bidder questions,
attending the Pre-Bid meeting, and preparing addenda.
2.2.2
ENGINEER will provide award phase services including preparation of a bid
tabulation, contacting Iow bidder references, reviewing bidder provided bonds and
insurance certificates, preparing contract award recommendation to CITY, preparing
contracts and Notice to Proceed documents for CITY execution
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.
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 also 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
2.3.4
2.3.5
2.3.6
The ENGINEER will make periodic visits to the work site to observe the progress
and repod 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 and 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. The ENGINEER
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.
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.
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.
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, the ENGINEER will
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 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,
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2.3.7
2.3.8
2.3.9
2.3.10
2.3.11
2.4
2.4.1
2.4.2
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 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.
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 provision of the
construction record drawings prior to final on-site inspections and punch list
preparation. The ENGINEER will 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.
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.
The electrical engineering subconsultant (Bailey Engineering Consultants) will assist
the ENGINEER with administrative duties associated with the electrical,
instrumentation, and controls at the two lift stations.
Construction Inspection Services
CITY will provide inspection services that will supplement the estimated 11 hours per
week of inspection conducted by the ENGINEER. The ENGINEER will rely on CITY
inspectors in order to fulfill obligations described under paragraph 2.3.
Based on a 300 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 bdng
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.
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2.4.3
2.4.4
2.4.5
2.4.6
2.4.7
2.4.8
2.4.9
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 regulatory agency
personnel as necessary.
Soils and materials test results furnished by the Contractor's testing firm shall be
reviewed by the ENGINEER to help determine if backfill and other construction is
properly located and meets the project requirements. The ENGINEER shall maintain
a file of provided copies of test results during the construction process and prior to
approval of the Contractor's final pay request, shall review the plans and test results
to determine whether all required testing is on hand and that all tests reported
acceptable materials, compaction, etc., and that construction is properly located.
If determined to be necessary, survey services to support construction shall be
provided by the ENGINEER's licensed surveyor, who provided the survey for the
design phase. Survey services shall consist of assisting the Contractor in
establishing the project benchmark.
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.
The electrical engineering subconsultant (Bailey Engineering Consultants) will assist
the ENGINEER with inspections associated with the electrical, instrumentation, and
controls at the two lift stations.
SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1
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.
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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
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 (jurisdictional and
permitting) services, or other specialist services including real estate/right-of-way
agents, projectJconstruction 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, repods, 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
Sections 2.3 and 2.4 including the estimates shown in 2.4.2 (inspection) 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.
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.
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4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
4.1.9
4.1.10
4.1.11
4.1.12
4.1.13
5.1
5.1.1
5.1.1.1
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 application fees.
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 and stormwater connections and relocations
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.
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.
SECTION 5
PAYMENT
Payment
Payment for services and expenses of the ENGINEER to be as set forth below:
Principals and Employees of the ENGINEER.
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5.1.1.2
5.2
5.2.1
5.2.2
5.2.4
5.2.5
5.2.6
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 $119,960.00,
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.
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.
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 orthe construction cost will not
vary from opinions of probable cost prepared by him.
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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 shalJ 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 & SE. AL
CITY:
er
AT_TEST & SEAL
n a . ardner- Secretary/Treasurer
ENGINEER:
CPH ENGINEERS, INC.
David A. Gierach, P.E. - President
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