HomeMy WebLinkAbout301-CPH-Amendment 81-87 AMENDMENT NO. 81-87
AGREEMENT FOR CONTINUING SERVICES
FOR
CIVIL ENGINEERING SERVICES FOR THE
SANFORD BEACHFRONT AND JETTY
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the day of ~Jg-,,~(-~/,'/,~~etween the City of
Sanford, Florida (hereinafter called CITY) and 'CPH Engineers, Inc. (hereinafter called
ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement
dated December 17, lg87, 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 is planning the reestablishment of the Sanford beachfront on the Marina
Island; and
WHEREAS the ENGINEER is equipped to provide the required land planning, civil engineering
and landscape/architectural elements required for the project;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree
as follows:
SECTION 1
General
1.1 Introduction
1.1.1
Engineer will provide services as described herein for the City's reestablishment of
the beachfront area on Marina Island and for construction of a jetty system to help
reduce erosion of the beachfront area.
2.1
2.1.1
2.2
2.2.1
2.2.2
2.2.2.1
SECTION 2
Scope of Services
General Description
The ENGINEER will provide site planning, engineering design, plan preparation and
permitting assistance for the Beachfront./Jetty project to comply with City of Sanford
and local permitting agency requirements.
Specific Services
Due Diligence and Site Planning Services:
The ENGINEER will conduct a search and review of existing permits, plans and
development order(s) for the subject property. We will meet with CITY staff to
identify concerns, approval process milestones and deadlines. The preliminary site
plan will be based on the conceptual plan prepared by CPH and approved by the
CRA.
Engineering and Permitting Services:
General:
This Amendment is based on preliminary input from the CITY and anticipates that
the preliminary and final engineering plans will be done in one phase. This
Amendment also assumes that required water and sanitary sewer services area
available to the site from the City.
J:/Z6582 00-2004/WerdlProposals\Sanford\Sanford Beach Front (Madna)~Amend 81-87 Beachfront and Jetty,doc
2.2.2.2
2.2.2.3
2.2.2.4
2.2.2.5
2.2.2.6
2.3
2.3.1
Preliminary Engineering:
The ENGINEER will assist the CITY in preparation of construction plans in
accordance with CITY site plan requirements and in accordance with the CITY's
Land Development Code for site plan preparation and submittal.
Upon completion of the preliminary engineering plan, the ENGINEER will meet with
the CITY'S Development Review Committee to discuss final site layout, utilities,
storm drainage, site access, signage and permitting.
The ENGINEER will meet with FDEP for impacts to Sovereign Submerged Lands
which belong to the State of Florida and for permitting of the jetties and docking
facilities.
The ENGINEER will meet with the CITY'S Utility Department and FDEP for
wastewater collection system and potable water system design and permitting.
Submit to CITY, comments from agency reviews for CITY's review and comments
and based on input, prepare the final layout for approval prior to commencement of
final engineering.
Final Engineering
Based on the approved preliminary engineering plan, the ENGINEER will provide
final engineering/construction plans for the project site. Work will consist of the
preparation of final engineering plans to include:
Cover/Title Sheet: Information regarding the site, including a vicinity map, index
plans, list of names and addresses of owners, design professionals, regulatory
agencies, and utility companies.
Site Survey Sheets: Construction plan set copies will include copies of the
surveyor's plans for the project including boundary, topographic and water depth
surveys.
General Notes/Specification Sheet: Included will be written general notes and
construction specifications sufficient for instruction to the contractor for
construction of site elements.
Site Dimension Plan: ENGINEER will utilize the site dimension plan as a base
for preparation of a final site dimension plan, meeting design requirements and
the CITY's Land Development Code.
e. Site Grading and Dredging Plan: ENGINEER will prepare a plan of the site
including grading of the beachfront, jetties and areas which will require dredging.
2.3.2
2.3.3
2.3.4
2.4
2.4.1
2.4.2
2.5
2.5.1
Site Utility Plan: ENGINEER will prepare a plan of the site utilities including
water and sewer mains and fire protection mains. Required utility routing for
electrical power, telephone, cable television and gas will also be included from
information provided by the utility providers.
g. Structural Plan: ENGIENER will prepare structural drawings for the construction
of the jetties, boardwalks, docks and pavilions.
Site Landscaping and Irrigation Plan: ENGINEER will provide a landscaping and
irrigation plan in compliance with the minimum requirements of the CITY's Land
Development and Landscaping Code.
ENGINEER will coordinate closely with the CITY during the plan preparation and will
inform the CITY as to the progress of the project.
ENGINEER will assist the CITY in preparation of applications for permits with the
FDEP for impacts to Sovereign Submerged Lands which belong to the State of
Florida and for permitting of the jetties and docking facilities and for potable water
distribution system and sanitary sewer system based on the water and sewer needs
of the development. Based on the size and usage proposed, ENGINEER will
estimate the required potable water flow demands and wastewater flow demands.
ENGINEER will design required water mains and wastewater lines for the project
assuming utilities are available to the site. Impact and/or permitting application fees
are to be paid by the CITY.
The plans and supporting calculations once prepared, will be submitted to the CITY
and FDEP for approval.
Environmental and Geotechnical Services
ENGINEER will perform a site check for jurisdictional wetland and threatened or
endangered species and will coordinate with the FDEP, the Army Corps of Engineers
and the CITY to establish jurisdictional lines, if any, prior to moving forward with site
design. ENGINEER will provide coordination regarding the location of any on-site
wetlands and will consider their delineation in the layout of the site to avoid the
wetlands and to permit the project.
A soils/geotechnical engineer will be hired directly by the CITY for determining any
site soil constraints for the construction of jetties and/or dock, utilities, lot grading and
general soil-related recommendations concerning the proposed improvements. This
work can be conducted following conceptual plan and preliminary grading plan
preparation ad should include services needed for the jetty and/or dock construction.
Soils work should include borings in proposed jetty and/or dock areas.
Excluded Services
Services or assurances regarding environmental audits or disposal of hazardous
materials or site remediation measures.
J:~-6582 00-2004/Word\PropoSals\SanfordlSanford Beach Front (Madna)~,mend 81-87 Beachfront and JeQydoc
2.5.2
2.5.3
2.5.4
Electrical distribution or lighting plan(s). ENGINEER will, however, provide coudesy
copies of the plans to the utility companies so they can conduct their work.
Traffic impact studies or traffic engineering services.
Land surveying services are not included but can be provided as an amendment to
this Agreement.
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
SECTION 3
Additional Services of the ENGINEER
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 major changes in the scope of the project.
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.
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 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
SECTION 4
CITY Responsibilities
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.
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
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.
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
sub-consultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
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.
5.1
5.1.1
5.2
5.2.1
SECTION 5
Payment
General Payment Provisions
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 $48,500.00,
inclusive of out-of-pocket expenses. This fee does not include design services in
connection with a full-service dock facility. If these services are required, they will be
added by an amendment to this agreement. 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.
5.2.2
5.2.3
5.2.4
5.2.5
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 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 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.
6.1
6.2
6.3
SECTION 6
General Conditions
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. Similar limitations apply to
construction schedules reviewed or prepared by the ENGINEER.
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 an expeditious and 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 & SEAL)
~l~net Dougherty - City Cl~k (/
CITY:
~dor~.~~C~ ford, F 'da -. ~
~/~ES.T & SEAL)f/~
~_ir{~ M. G&r~dner, Secretary/Treasurer
ENGINEER:
CPH Engineers, Inc. ,
David A. Gierach, P.E. - President
J;~Z.6582.00 2004/Word\Proposals\Sanford/Sanford Beach Front (Madna)~,Amend 81-87 Beachfront and Jelty.doc