205-CPH-Amendment 85-87 AMENDMENT No. 85-87
TO
AGREEMENT FOR CONTINUING SERVICES
FOR ENGINEERING SERVICES DURING
CONSTRUCTION OF THE
SANFORD SOUTH
WATER RESOURCE CENTER PHASE I
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the , ~ ~ ~- ~d day of ,r~c~%r ,2005 between the CITY OF
SANFORD, FLORIDA (hereinafter called the CITY) and CPH~BNGINEERS, INC. (hereinafter called
the ENGINEER), rs mutually agreed upon and declared an authorized Amendment to an
Agreement date 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 t
PURPOSE OF AMENDMENT
1.1. Introduction
The City of Sanford, through it consultant, CPH Engineers, Inc., has completed the design
and permitting of the "new" Sanford South Water Resource Center - Phase I, in accordance
with the approved Capital Improvements Plan (ClP), Wastewater Facilities Plan Addendum,
City's Comprehensive Plan and Master Wastewater Plan. The Project includes the
construction of the following utility improvements:
Cast-in-place concrete influent structure to include manual and mechanical
barscreen equipment, a "vortex-type" grit removal system, and associated
equipment, piping, and appurtenances.
· A Master Lift Station (triplex system), associated equipment, piping and
appurtenances.
· Odor control system for the proposed influent structure and Master Lift Station and
associated equipment, appurtenances and ancillaries.
Flow Metering Systems for the raw wastewater influent, recycled process water,
reclaimed water, reject water, and sludge flows and associated piping, equipment
and appurtenances.
· Cast-in-place concrete flow distribution chamber, sluice/weir gates, and all
equipment, piping and appurtenances.
Cast-in-place concrete biological treatment system, influent and effluent channels,
sluice gates, handrail/toeplate, walkways, rotors, mixers and all associated
equipment, piping, and appurtenances.
· Cast-in-place secondary clarifiers and all associated equipment, piping and
appurtenances.
· Return activated sludge (PAS) and waste activated sludge (WAS) pumping
systems and associated equipment, piping, and appurtenances.
· Tertiary Filtration system, cast-in-place concrete structure, and associated
equipment, piping, and appurtenances.
Cast-in-place concrete chlorine contact chamber, effluent transfer pump station
wetwell and effluent transfer pumps, weir gates, walkways, handrail/toeplate, and
associated equipment, piping, and appurtenances.
A prestressed concrete Reclaimed Water Ground Storage Tank and associated
equipment, piping, and appurtenances.
A prestressed concrete Reject Water Ground Storage Tank and associated
equipment, piping, and appurtenances.
A Reclaimed Water Distribution Pump Station Facility, including split-case
centrifugal pumps, and all associated equipment, piping, and appurtenances.
Reject Water system and all associated equipment, piping, and appurtenances.
A Facility Lift Station (package system) with a submersible pump and associated
equipment, piping, and appurtenances.
A Chemical Feed Facility for the application of bulk sodium hypochlorite and
aluminum sulfate (alum), including a concrete block building, the sodium
hypochlorite and alum feed systems (skid mounted), storage tanks and associated
equipment, piping, and appurtenances.
Solids Handling Facility Building including a concrete/metal structure building, three-
belt, belt filter press, polymer feed system, odor control system, sludge pumping
system, and associated equipment, piping, and appurtenances.
Sludge Holding Tank, aeration system, walkway, stairs, and associated equipment,
piping, valving and appurtenances.
Operations Building and all associated equipment, piping and appurtenances,
furniture, flooring, laboratory casework, glassware, chemicals, etc.
Electrical Building and associated equipment, piping, and appurtenances.
Emergency generator (outdoor/weatherproofed) and diesel fuel storage tank and
associated equipment, piping, and appurtenances.
Plant roadway and miscellaneous sitework.
Associated yard piping.
Electrical, controls and instrumentation systems.
Windows-based SCADA system encompassing all of the unit operations and
processes at the Sanford South Water Resource Center.
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Landscaping, signage, fencing, roadway
stormwater management improvements,
appurtenances and ancillaries.
entrance/gate, irrigation system,
sodding, and miscellaneous
To meet the current State Revolving Fund (SRF) Loan Program Requirements, the City of
Sanford CIP schedule, scheduling mandates of FDEP and commitments to Seminole
County regarding the extension of CR 415, construction of the Sanford South Water
Resource Center - Phase I needs to proceed as soon as possible.
The Contractor will commence the work required by the Project Manual/Contract
Documents within ten (10) calendar days after the date of the Notice to Proceed and shall
"substantially" complete the work within five hundred ten (510) consecutive calendar days,
and "finally" complete the work within five hundred forty (540) consecutive calendar days,
unless the period for completion is extended otherwise by the Contract Documents.
1.2. Purpose of the Amendment
The purpose of this Amendment is to authorize the Engineer to provide professional
engineering services for the bidding, construction administration and construction
engineering inspection services as herein specified for the Sanford South Water Resource
Center- Phase I.
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.
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SECTION 2
BIDDING AND CONSTRUCTION
ADMINISTRATION AND INSPECTION SERVICES
2.1. General Services of the Engineer
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 Amendment, the Engineer is to provide bidding services, additional
engineering and permitting services, project engineering services, construction
administration services, and construction engineering inspection services. Through a
subconsultant, the Engineer will provide electrical engineering/instrumentation/controls
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, construction administration 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 five hundred forty (540)
calendar days after issuance of the Notice to Proceed.
2.2. Additional Desiqn and Permitting Services
A. The Engineer has provided professional engineering services in connection with the
design and permitting of a Master Lift Station, Odor Control System modifications,
electrical/controls and instrumentation modifications and associated appurtenances
and ancillary features.
The Engineer has provided professional engineering and permitting services in
association with the design of additional landscaping features on the northwest side
of the treatment facility site in accordance with the City of Sanford Planning and
Zoning Board requirements.
The Engineer has provided professional engineering and permitting services in
association with the design of a flow distribution chamber and associated
equipment, piping, appurtenances, electrical/controls/instrumentation, and
ancillaries at the direction of the City of Sanford.
The Engineer has provided the additional professional engineering services
described above, at the City's request, and has incorporated them into the current
engineering design for the Project. These additional services were not within the
original scope of the Project or the associated Amendment.
2.3
Biddinq and Pre-Construction Services
The Engineer shall provide Bidding services and pre-construction services for the
Sanford South Water Resource Center - Phase I, 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 potentia~ bidders to
pre~qualify bidders and ensure that only "competent" and "experienced"
bidders, who have constructed at a minimum, five (5) similar type treatment
facilities, are allowed to bid and construct this critical Project for the City of
Sanford.
4. 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.
6. 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.
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The Engineer will assist the City in finalizing the SRF Loan from the FDEP
including the Request for Inclusion, "final" Loan Agreement, and all required
documentation.
2.4
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, monthly
progress meetings 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 provide "full-time" Resident Project Representation and inspection
services during construction of the Sanford South Water Resource Center- Phase I as
specified in Article 2.5 of this Amendment.
The Engineer will observe the construction 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
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.
The Engineer, 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.
The Engineer will review, 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.
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The Engineer will issue all instructions of the City of Sanford 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 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.
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M. The Engineer shall coordinate all proposed work and improvements with the City,
FDEP, EPA, SJRWMD, all other jurisdictional agencies and the Contractor(s).
N. The Engineer shall provide project closeout activities associated with the proposed
improvements.
2.5. Construction Inspection Services
The Engineer shall be located "on-site" in a construction trailer to provide "full-time"
construction inspection services for the Sanford South Water Resource Center -
Phase I Project.
Based on a five hundred forty (540) calendar day construction phase (to Final
Project Completion), 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. 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.
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.
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
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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 repoded acceptable materials, compaction, etc., and that construction
is properly located.
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.
Geotechnical testing, serving as the City's construction quality control, is not
provided as part of this Amendment. Should the City request that additional
geotechnical engineering be provided, it will be deemed an additional service and
this Amendment Fee renegotiated accordingly. CPH Engineers Inc. would
subcontract these services through Andreyev Engineering, Inc. (performed the
original geotechnical subsurface investigation for the project).
2.6
Generation of a Proiect Operation and Maintenance Manual
In accordance with FDEP and SRF requirements and good engineering practice, the
Engineer will prepare a thorough and complete Operation and Maintenance (O&M)
Manual for the Sanford South WRC - Phase I.
The O&M Manual will consist of sections written specifically for the treatment facility as
well as the manufacturers and suppliers O&M Manuals. The document will be provided
in paper format for incorporation into binders for easy access at the facility as well as
in an electronic format to be incorporated into the Facility SCADA system.
C. The O&M Manual will be generated to include the following sections:
2.
3.
4.
5.
6.
7.
8.
9.
Introduction
Permits and Standards
Unit Operations and Processes
Sludge Management System
Instrumentation and Controls
Reclaimed Water Distribution System
Personnel
Laboratory Testing
Records
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10. Maintenance
11. Emergency Standards
12. Safety
13. Utilities
14. Electrical Systems
15. Effluent Disposal System
16.
17.
Appendices
Manufacturer's O&M Manuals
2.7
Start-up Services and Demonstration Testinq
A. Stad-up services and demonstration testing programs will commence with issuance of
the "Substantial Completion" certification from the Engineer and the City to the
Contractor and will terminate one (1) year thereafter. During the start-up services and
demonstration testing program period, the Engineer will provide the following
professional engineering services:
Operational assistance with the check-out and start-up of all unit operations and
processes, equipment, electrical/controls/instrumentation and ancillary systems at
the Sanford South WRC - Phase I.
The Engineer will provide operational assistance for adjustment and "fine-tuning"
of the unit operations and processes, equipment, electrical/controls/instrumentation
and ancillary systems at the Sanford South WRC - Phase I with respect to
optimizing performance, safety and reliability under actual operating conditions.
Bioloqical Treatment System Demonstration Testing
a. The Engineer shall provide services during the required thirty (30) calendar~ay
effluent quality and energy efficiency testing of the installed biological treatment
system to ensure that the system meets the project performance requirements
required by the Project Documents.
b. The Engineerwill assist the City and Biological System Supplierwith evaluating
any process changes and modifications that are necessary to optimize the
treatment system to meet the project performance requirements.
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c. The Engineer shall generate a "certified" engineering report based on the
results of the Demonstration Test for delivery to the City of Sanford and FDEP.
The Engineer will assist the manufacturer's and supplier's in providing operation and
maintenance training for the facility's unit operations and processes as well as any
specialized training deemed necessary by the Owner and Engineer.
The Engineer will provide Maintenance Management System start-up services and
training to assure effective implementation of the maintenance management system
outlined in the facility Operations and Management Manual.
The Engineer will provide Records Management System start-up services and training
to assure effective implementation and modification, if necessary, of the required
records management system outlined in the facility Operations and Management
Manual.
The Engineer will make any modifications deemed necessary by the Engineer and
Owner to the Operations and Maintenance Manual based on actual operating
experience obtained during the start-up and demonstration testing period.
2.8
Proiect Performance Certification
A. The Engineer will certify, in writing, to the City and FDEP, one year after Final Project
Completion, that based on the available facility data, that the project meets the
applicable performance and operational requirements and the requirements and
specifications to which the Project was planned, designed and built to meet or if they
are not meeting the performance criteria, what actions are proposed to obtain
compliance.
2.9 Construction Quality Control Testinq
A. The Engineer will coordinate his activities with those of the construction quality control
testing consultant and give general coordination and direction to the Work of this
consultant.
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SECTION 3
SUPPLEMENTARY SERVICE8 OF THE ENGINEER
3.1,
3,2,
3.3
3.4.
3.5,
If authorized by the City, the Engineer shall furnish or obtain from others the following
supplementary services, or the 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 or separately provided by the City.
Except as otherwise provided herein, services or additional costs associated with revising
previously accepted studies, reports, engineering designs 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), SJRWMD, or other regulatory agency requirements.
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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 herein and within the Agreement between the
Owner and Contractor, 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.
3.10 Furnishing additional sets of Contract Documents in excess of three (3) sets.
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SECTION 4
CITY RESPONSIBILITIES
4,1
In 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.
D. Make facilities accessible for inspection.
E. Pay all permit fee applications.
F. Dig up existing utilities as necessary for the preparation of the "As-built" survey.
G. 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, 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.
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.
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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.
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SECTION 5
PAYMENT
5.1
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 $25,000
Civil / Environmental Engineer $975,000
Electrical Subconsultant $140,000
Master Lift Station Design $90,000
FDEP Permitting and ProJect Certification $5,000
5.2
5.3
5.4
5.5
The lump sum fee identified above is based on the Contractor commencing the Work
required by the Project Manual/Contract Documents within ten (10) calendar days after the
date of the Notice to Proceed and shall "substantially" complete the work within five
hundred ten (510) consecutive calendar days, and "finally" complete the work within five
hundred forty (540) consecutive calendar days.
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.
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).
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.
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SECTION 6
GENERAL CONDITIONS
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 an authorization to proceed
and to prosecute the work in a timely manner until the Project is completed in accordance
with the "approved" and "conformed" Contract Documents and any Field Orders, Work
Directives and/or Change Orders.
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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
Vice-President
DATE
David A. Gierach, P.E.
President
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