301-CPH-Amendment 84-83AMENDMENT NO. 84-83
TO AGREEMENT DATED DECEMBER 17, 1987
FOR
PRELIMINARY ENGINEERING AND FINAL DESIGN PHASE SERVICES
24~'' PLACE SEWER REPLACEMENT
(CEDAR AVENUE TO ELM AVENUE)
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the/~)~/'~ day of '~')")~ , 20~]~-between the CITY OF
SAN FORD, 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.
WHEREAS, the CITY has experienced occasional flooding of the sewer west of US 17-92 at 24th
Place; and,
WHEREAS field review of the sewer shows a conflict with existing storm pipe at US 17-92; and
WHEREAS the existing manholes are in sub-standard condition; and
WHEREAS, the ENGINEER is intimately familiar with and qualified for this project work including
sewer design, alternate sewer replacement construction techniques; and
WHEREAS the CITY has requested the ENGINEER to perform engineering services for the sewer
replacement design and permitting;
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
preliminary engineering and final design phase services as herein specified for the
replacement of up to 1610 linear feet of sewer along 24th Place between Cedar
Avenue and Elm Avenue.
1.1.2
1.1.4
Subconsultant services for geotechnical testing are included.
Additional subconsultant services including water quality monitoring, environmental
impact studies, 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.
SECTION 2
SCOPE OF 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
2.1.3
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.
Throughout the preliminary and final design phase, the ENGINEER will prepare
monthly written progress reports, to be submitted to the CITY.
2
2.1.4
2.2
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.
Preliminary Desi.qn Phase Services
2.2.1
2.2.2
2.2.3
2.2.4
The ENGINEER, through its survey department, will survey the route (full right-of-
way) along 24th Place between Cedar Avenue and Elm Avenue, and add the survey
to existing City topographic aerials. The survey will show the approximate location
of easements and rights-of-way based on plat maps and record books. A title search
to determine boundary work to establish the field location of right-of-way and
easements is not included. The route survey includes locating all the existing above
ground visible improvements and visible utilities. The survey will also show any City
water or sewer lines that are flagged by the City. No additional underground utilities
will be located except for storm and sanitary sewer structures (pipe sizes and invert
elevations). Sewer manholes welded shut that are deemed to be critical in nature to
open in order to survey inverts will be opened by the CITY.
The ENGINEER will hire a geotechnical engineering consultant to drill soil borings
at up to four (4) locations along the route and assess the existing subsurface soils
and groundwater conditions. The geotechnical consultant will make construction
recommendations based on the existing soils and groundwater.
The ENGINEER will review existing sewer line as surveyed, determine areas of
sewer replacement, sewer pipe busting, etc.
The ENGINEER will prepare a preliminary plan showing the proposed US 17-92
crossing.
2.2.5
ENGINEER will meet with City to review the preliminary plan and proposed extent of
sewer replacement.
2.2.6
2.2.7
2.2.8
The ENGINEER will meet with FDOT to discuss the US 17-92 sewer crossing
construction options and permitting requirements.
The ENGINEER will prepare a Preliminary Opinion of Probable Construction Cost
(POPCC) of the proposed sewer replacement.
The ENGINEER will review the final sewer replacement recommendations and costs
with City.
2.3
Final Desiqn Phase Services
2.3.1
The ENGINEER will prepare utility construction plans (1610 linear feet route)
consisting of:
Cover Sheet
Summary of Quantities
Key Sheet and General Notes
Plan and Profile (3 Sheets, 1" = 20' Scale)
US 17-92 Cross Sections
3
J:/S0670\contract~24th Place Sewer Replacement.doc
2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
2.3.7
2.3.8
2.3.9
Utility Details
The ENGINEER will prepare the Project Manual consisting of Bidding and Contract
Requirements and specifications.
The ENGINEER will review the plans and Project Manual with the CITY.
The ENGINEER will prepare the project permit applications (FDOT and FDEP).
The ENGINEER will revise the plans based on City, FDOT, and FDEP review.
The ENGINEER will update the opinion of probable construction cost based on final
plans and permitting.
The ENGINEER will submit 100% plans and Project Manual to City.
The ENGINEER will provide bidding services consisting of preparation of the Bid
Adved!sement, distribution of bidding documents, answering bidder questions, and
prepanng addenda.
The 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.
SECTION 3
ADDITIONAL SERVICES OF THE ENGINEER
3.1
3.1.1
3.1.2
3.1.3
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 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 environmental scientist (jurisdictional and permitting) services, or other
subconsultant 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
J:/S0670/contract~24th Place Sewer Replacement.doc
4
3.1.4
3.1.5
3.1.6
3.1.7
3.1.9
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 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.
4.1
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
SECTION 4
THE CITY"S RESPONSIBILITIES
The CITY will:
Advise the ENGINEER of his requirements for the project and designate a person to
ct as the CITYs representabve w~th 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.
Make facilities accessible for inspection, including opening any welded sewer
manholes.
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.
5
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
5.1.1.2
5.2
5.2.1
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.
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 $30,990.00,
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.
J:/S0670/contract~24th Place Sewer Replacement doc
6
5.2.2
5.2.4
5.2.5
5.2.6
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 fodh 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
6,2
6.3
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.
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.
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.
J:\S0670\contract~24th Place Sewer Replacement.doc
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and
year first above written.
ATTEST & SEAL
J~net Dough~rty - City
CITY:
Al Grieshaber, Jr. - CityC,.M_~ger
~.S. i & SEAL
Linda M. Gardner - Secretary/Treasurer
ENGINEER:
CPH ENGINEERS, INC.
N. Katdina Bowr~, P.E. - Vice President
8