HomeMy WebLinkAbout205 CPH-Amendment 60Co IV - Z' us -
AMENDMENT No. 60
I0160A
AGREEMENT FOR CONTINUING SERVICES
ASSOCIATED WITH PRELIMINARY ENGINEERING DESIGN
BETWEEN
CPH ENGINEERS, INC.
This Agreement made on the,366 day oW 2000 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 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 I
1.1. Introduction
The growth within the City of Sanford Service Area is expected to be considerable with
the construction of the western leg of the GreeneWay (SR -417) and expansion of the
Orlando -Sanford Airport. As growth continues, new collection and transmission system
improvements, wastewater treatment facility improvements, and reclaimed water
distribution system improvements will be required.
Population and wastewater flow projections have been revised as part of the Sanford
Wastewater 201 Facilities Plan Addendum through design year 2020, The projections
indicate that various wastewater system improvements are currently required to meet both
wastewater and reclaimed water demands. The wastewater management system
improvements are identified in the 201 Facilities Plan Addendum. The City of Sanford
Commission approved the Sanford Wastewater 201 Facilities Plan Addendum, on
September 28, 1998, to proceed with obtaining State Revolving Loan Funding (SRF) for
a new Water Reclamation Facility and other associated improvements (collection and
transmission system, reclaimed water distribution system improvements, etc.).
The Recommended Plan, as presented in the Facilities Plan Addendum, which was in
accordance with the City's Comprehensive Plan and Master Wastewater Plan, called for
the rerouting of a lift station in the south and southeast quadrant of the City and the
construction of the "new" Sanford South Water Reclamation Facility. The new water
reclamation facility (WRF) was to have an initial capacity of 2.0 MGD and was to be built
on the corner of Marquette and Beardall Avenues on a piece of City -owned property
(Orlando -Sanford Airport) referred to as Site 1. The advanced treatment facility was to
produce a high quality effluent, reclaimed water, that would be suitable for public access
spray irrigation of residential lawns, golf courses, City parks and properties, common
areas, Site 10, etc.
The Engineer previously assisted the City in applying for and acquiring a low interest SRF
Loan for design and construction of a wastewater collection system, Water Reclamation
Facility and Reuse System for the South Sanford Area in the vicinity of the Orlando -
Sanford Airport. The planning, permitting, design and funding were completed and
approved by the City, FDEP-Tallahassee, FDEP-Orlando, various jurisdictional state
agencies, and the Federal Aviation Authority (FAA). However, after the project was
completed, the FAA approached the City of Sanford and informed them that the airport site
should be reserved for General Aviation related uses and that another site should be
acquired by the City.
The City has identified five (5) potential sites for relocation of the "new" Sanford South
WRF and include the following:
• Site 2: Located on the SE corner of the intersection of Beardall and Marquette
Avenues (Cameron City Groves) - 20 acres
• Site 3: "Wheeler Property" - 20 acres
• Site 4: Located at the intersection of Moore's Station Road and Richmond Avenue
- 37 - 42 acres
• Site 5: Cameron City Groves Partnership (20 acres) located along
The City of Sanford authorized the Engineer to perform numerous preliminary engineering
functions on some of the potential properties to determine the viability of the site for a
water reclamation facility, including:
• Surveying of certain properties including boundary and topographic surveys;
• Geotechnical and subsurface evaluations to be used in the final design of the site
for the Sanford South WRF;
• Environmental studies and wetland evaluations;
• Phase I and Phase 11 Environmental Impact Studies;
• Preliminary civil and environmental engineering studies, site layout, engineering,
stormwater management, permitting and cost analysis evaluations.
1.2. Purpose of the Amendment
The purpose of this Amendment is to authorize the Engineer to provide professional
engineering services for the preliminary engineering design, studies and evaluations
associated with the various potential sites for siting of the "new" Sanford South WRF. A
separate proposal will be submitted for 201 Facilities Planning, final design and permitting
of the Sanford South WRF upon the City's final selection of a suitable site.
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SECTION 2
SUPPLEMENTARY SERVICES OF THE ENGINEER
2.1. If authorized by the CITY, the ENGINEER shall furnish or obtain from others,
supplementary services of the following types which will be paid for by the CITY as an
additional cost as outlined in Section 4.
2.2. 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.
2.3. 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.
2.4. Additional services resulting from public protests, administrative hearings, or similar
matters.
2.5. 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.
2.6. 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), U.S. Department of Labor, OSHA, or other regulatory agency
requirements.
2.7. Additional services in connection with the project including services normally furnished by
the CITY as described in Section 3 herein and services not otherwise provided for in
this Agreement.
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SECTION 3
CITY RESPONSIBILITIES
3.1 In addition to the specific responsibilities hereinbefore described, the CITY will:
A. 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.
B. Obtain and provide data, information and documentation requested that is reasonably
available on the project.
C. Guarantee access to and make all provisions for the ENGINEER to enter upon public
and private lands as required to perform his work under this Amendment.
D. Make facilities accessible for inspection.
E. 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.
F. 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.
G. Furnish or direct the ENGINEER, in writing, to provide at the CITY's expense, any
subconsultant services not designated in Section 1, if advised by the ENGINEER and
CITY concurs that they are necessary.
H. Furnish, or direct the ENGINEER, in writing, to provide at the CITY's expense,
necessary additional services as stipulated in Section 2 of this Amendment, or other
services as required.
I. 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.
J. Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any deficiencies in the Work outlined herein.
SECTION 5
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.
5.2. The OWNER will make prompt monthly payments in response to ENGINEER's monthly
statements without retention for all categories of services rendered under this Agreement.
5.3. 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).
5.4 If this Agreement is terminated during prosecution of the services prior to completion of the
services of Section 1, payments to be made in accordance with Section 5 on account of
that and all prior work under this Agreement 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 2.
SECTION 6
GENERAL CONDITIONS
6.1. 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.
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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
n1 -&V'4 'Ab
-Zti't" 2D,
DATE
ATTEST & SEAL
CITY:
City of Sanford, Florida
TITLE V V
CPH Engineers, Inc
A.
BenjamiM. Fries
Project Manager
I (// 11) e)
DATE
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David A. Gierach, P.E.
President