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HomeMy WebLinkAbout205 CPH-Amendment 59AMENDMENT No. 59 AGREEMENT FOR CONTINUING SERVICES PHASE 11 RECLAIMED WATER AUGMENTATION, TRI -PARTY AGREEMENT SERVICES AND PHASE I CONSTRUCTION THE CITY OF SANFORD, FLORIDA CPH ENGINEERS, INC. This Agreement made on thec2 0] day of4. E�j , 2000 between the CITY OF SANFORD, FLORIDA (hereinafter called the CICPH 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 St. Johns River Water Management District is encouraging the use of alternative sources of water to meet the water supply need of the Central Florida Area. The City of Sanford has undertaken a beneficial and successful program of reusing reclaimed water, through both public and restricted access irrigation, throughout the City to reduce the use of valuable high quality groundwater supplies. The program has been so successful that at certain times throughout the year there is not an adequate supply of reclaimed water to meet the demands of the system. As a result, the City has proceeded with a phased program to augment the City's current reclaimed water supply with surface water from Lake Monroe (St. Johns River). A pilot plant study was initially completed and the results and recommendations were presented in the report entitled "City of Sanford Water Reclamation Facility Project: Pilot Plant Study Final Report". The pilot plant results showed that with minimal treatment processes such as coagulation, filtration and chlorination, Lake Monroe water could be used as a source water for the generation of reclaimed water and augmentation of the Sanford Reclaimed Water System. The reclaimed water generated during the pilot plant study met the water quality criteria mandated in Chapter 62-610, F.A.C. The results of the pilot plant study then led to the final design of the Phase I Reclaimed Water Augmentation Facilities at the Sanford North WRF. The proposed facilities, during the final design phase, included the following: • Portable, diesel powered feed pump; • Chemical coagulant and polymer feed systems; • Coagulation and flocculation systems; • Upflow, deep -bed tertiary filters (DynaSand); • Chemical Feed/Compressor Building; • Yard piping improvements; • Electrical / Controls / Instrumentation Improvements; and • SCADA System improvements. The project was competitively bid, based on FDEP and EPA criteria and requirements, and the project came in under the Engineer's Opinion of Probable Construction Cost. A "Recommendation of Award" will be issued to the low Bidder soon with construction to begin by mid-May 2000. In order to maintain the project on schedule, in accordance with EPA/SJRWMD requirements, and begin augmenting the reclaimed water system, the following engineering activities need to proceed immediately: • Hydraulic analysis of the reclaimed water distribution system and determination of improvements required to meet current and future demand (flow and pressure); • Preliminary design of proposed improvements based on the hydraulic analysis; • Development of a Tri -Party Agreement between the City of Sanford and Seminole County and Lake Mary for the delivery of reclaimed water; • Improvements at the Sanford North WRF to allow the diversion of effluent flow from the existing secondary clarifiers to either the "new" upflow, deep - bed tertiary filters or the "existing" traveling bridge filters; • Additional Bidding Services required to obtain EPA approval and financing of the Phase I improvements through their Grants Program; and • Engineering services required to meet the FDEP and EPA requirements for construction of the Phase I improvements. iA 1.2. Purpose of the Amendment The purpose of this Amendment is to authorize the Engineer to provide engineering services for the evaluation of the existing reclaimed water distribution system, preliminary design of the proposed improvements to the reclaimed water distribution system (required for determining construction costs to be borne by each party in the Tri -Party Agreement), development of the Tri -Party Agreement, additional bidding services and engineering services associated with wastewater improvements required at the Sanford North WRF and the FDEP and EPA requirements for construction of the Phase I improvements. As part of a separate authorization the Engineer provided additional design services related to Phase 11 Augmentation in lieu of bidding and construction services. In addition, EPA has required more extensive inspection of the construction to comply with the Grant requirements. The work shall be completed in accordance with the approved documents: • Environmental Information Document (EID); • EPA/SJRWMD Grant; 0 FDEP Construction Permit; 0 Sanford Wastewater Management Comprehensive Plan; 0 Sanford Facilities Plan Addendum; 0 Sanford Utility Business Plan; and 0 Sanford Capital Finance Plan. 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. 3 SECTION 2 DESIGN, AGREEMENT DEVELOPMENT AND CONSTRUCTION 2.1. The ENGINEER has assisted the CITY in acquiring two EPA/SJRWMD Grants in the total amount of $1,739,234 (Phase 1- $354,334; Phase 11 - $1,384,900) for the design, construction and implementation of a reclaimed water augmentation system for the City of Sanford using treated and disinfected water from Lake Monroe. A pilot -plant study has been conducted and the results indicate that with proper coagulation, flocculation and filtration of the suspended and dissolved matter within the lake water, the product is a viable resource/commodity that can be used to augment the existing reclaimed water system when demand for reclaimed water exceeds the supply produced from the Sanford North WRF. The Phase I improvements have been bid and the project has come in under the Engineers Opinion of Probable Construction Cost. A Recommendation of Award will be issued soon and construction should begin by mid-May 2000. In order to meet the funding, project and scheduling requirements for this program, the associated work described herein must be completed as soon as possible. Under this Agreement, the ENGINEER is to provide the following design and engineering services for the Reclaimed Water Augmentation Facility at the Sanford North WRF. Through subconsultants, the ENGINEER will provide needed electrical engineering design and construction services for the project. 2.2. Engineering Services Specific services of the ENGINEER shall include the following: A. Collect field data and other relevant information regarding the "existing" reclaimed water distribution system for use in the development of the reclaimed water distribution system hydraulic model. B. Hydraulic analysis of the "existing" reclaimed water distribution system and determination of the current and future improvements required to deliver water to the permitted service area as well as the other Tri -Party Agreement members (Seminole County, City of Lake Mary). 4 C. Preliminary design of the proposed improvements to the reclaimed water distribution system based on the results of the hydraulic analysis. D. Develop an Opinion of Probable Construction Cost (OPCC) for the proposed reclaimed water distribution system improvements. E. Assist the City in the development of the Tri -Party Agreement between the City of Sanford, Seminole County and the City of Lake Mary for the delivery of reclaimed water. Perform an economic evaluation, based on the OPCC, for determination of the cost sharing of the Phase 11 program improvements by each Tri -Party member. F. Additional bidding services required to obtain EPA approval and financing of the Phase I improvements through their Grants Program. G. Additional environmental, electrical, and SCADA engineering design improvements, required as part of the current program, based on the transference of some of the "on-site" Phase 11 improvements to Phase 1. H. Additional engineering and construction services required to meet the FDEP and EPA requirements for construction and start-up of the Phase I improvements. 1. Through an Electrical Subconsultant provide the electrical engineering construction administration and start-up services for the Phase I Reclaimed Water Augmentation System. 5 SECTION 3 SUPPLEMENTARY SERVICES OF THE ENGINEER 3.1. 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 5. 3.2. 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. 3.3. 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. 3.4. Additional services resulting from public protests, administrative hearings, or similar matters. 3.5. 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. 3.6. 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), or other regulatory agency requirements. 3.7. Additional services in connection with furnished by the CITY as described otherwise provided for in this Agreement the project including services normally in Section 4 herein and services not SECTION 4 CITY RESPONSIBILITIES 4.1 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 requested that is reasonably available on the project along with operational and maintenance requirements and easement and right- of-way requirements. C. 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 including obtaining authorization for use of the Sanford North WRF property(ies). 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 2, 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 3 of this Amendment, or other services as required. a 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 defect in the Project. SECTION 5 5.1. Payment for services and expenses of the ENGINEER are to be as set forth below. A. Principals and Employees of the ENGINEER Compensation paid to the ENGINEER for Services described in Section 2 and rendered by principals and employees assigned to the Project will be computed by multiplying Standard 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 be performed, inclusive of out-of-pocket expenses, for the following not -to -exceed fee: Consultant Electrical Subconsultant $10,000 Civil/ Environmental Engineer $82,792 Invoices will be submitted on a regular basis and will indicate the hours expended during the billing cycle. 5.2. Reimbursed Expenses A. 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. B. Services for outside sub -consultant services, as required, will be charged at cost without mark-up. 0 5.3. 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 and for reimbursable expenses incurred. 5.4. 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). 5.5. 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 W11 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. 11 IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. A ME City of Sanford, Florida ATTEST & SEAL 7-6-0 DATE ATTEST & SEAL L/ � m DATE 12 TITLE U CPH Engineers, Inc k'u Be-hjb6minFries Project My -ager David A. Gierach, P.E. President U3 LL 0 Z J Q. 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