301-CPH-Amendment 38 Amendment No. 38
To Agreement For Continuing Services
For
Final Design and Construction Plans For
Utility Improvements / Relocation
Associated With
County Road No. 425 (Sanford Avenue)
From 29th Street to Lemon Avenue
Between
The City of Sanford, Florida
And
CPH - Engineers, inc.
This Agreement made on the !f~l day of ('~ ~C~-Kl4~0.4.,1999 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 17, 1987, between the parties, herein
seffing 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 construction of the widening of Sanford Avenue (C.R. 425) between
29"' Street and Lemon Avenue creates the need for relocation and extension of City
utilities, and
WHEREAS, the City has requested the Engineer to perform certain professional
engineering services in connection with this work.
The City and the Engineer for the considerations named herein agree as follows:
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SECTION
General
1.1
1.1.1
1.1.2
1.1.3
Introduction
The Engineer shall assist the City in Design of utility relocations along Sanford
Avenue (C.R. 425) from 29th Street to Lemon Avenue in connection with the
proposed roadway widening project by the Florida Department of Transportation.
A new 12" fomemain will replace the existing 6" asbestos concrete fomemain
along the east side of Sanford Avenue. A new 6" water main will replace the
existing water main, where necessary, along the east side of the roadway to
accommodate the new forcemain and the proposed drainage improvements by
FDOT. The existing 10" C.I. water main along the west side of Sanford Avenue
will be relocated only in those areas where it conflicts with the proposed drainage
improvements..
All proposed utility relocations shall conform to Seminole County requirements to
have all utilities on road widening projects located in the area provided between
the back of curb and the right-of-way line.
The purpose of this proposal is to provide Final Design, preparation of plans and
specifications and permitting of the utility improvements described above.
SECTION 2
Scope of Services
2.1
2.1.1
2.1.2
General Work Description
The Scope of Services for the utility relocation is shown below. A Plan of Study
is attached as Exhibit A which gives the estimated man-hours for each work item
identified below.
This project includes a new 12" forcemain and 6" water main along the east side
of Sanford Avenue between 29th Street and Lemon Avenue. The existing 12"
water main along the west side of Sanford Avenue will be modified only as needed
to avoid conflicts with the proposed drainage facilities. Specific services proposed
include the following:
Meeting and coordinating with the City of Sanford and FDOT to obtain available
data and information on existing plan availability and existing utility and other
information in the project area.
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2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2.1.8
2.1.9
2.1.10
2.1.11
2.1.12
2.1.13
2.1.14
Determine in conjunction with the City, if the work should be performed under a
JPA or separately contracted by the City. Discuss possible alternatives for the
project area with City and make recommendations.
Review and discuss the proposed utility relocations with the City within the project
limits. Provide the City with preliminary marked-up roadway plans showing the
location of the proposed utilities.
Prepare preliminary opinion of probable construction cost.
Prepare red, green, and brown mark-ups & utility relocation schedules and submit
to FDOT's utility consultant.
Utilize roadway drawings, obtained from FDOT's roadway design consultant, as
a base for the preparation of construction plans for utility relocation work. Since
the roadway plans are in metric units, the utility relocation plans will, likewise, be
in metric units. The City shall be responsible for obtaining base roadway drawings
or AutoCAD files for Engineer's use in preparation of final plans. Prepare the
following plans:
1
2-3
4-9
10
Cover Sheet
General Note Sheet / Quantity Sheet / Specifications
Single Plan and Profile Utility Improvement Plan at a 1:250 metric scale
Miscellaneous Detail Sheet
Prepare Technical Specifications and Contract Documents.
Review 90% plans and specifications with the City.
Develop quantities and opinion of probable construction costs.
Coordinate with FDEP and assist the City in obtaining FDEP Wastewater
Collection System / Potable Water Distribution System permits.
Assist the City in preparation of a Seminole County Right-of-Way Utilization
Permit.
Coordination and reviews with the City, Seminole County, and FDOT Utility
Consultant.
Submit 3 sets of 100% plans and project manual to City.
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2.2
2.2.1
2.2.2
Miscellaneous
Please note the utility relocation drawings will be prepared using the roadway
drawings prepared by others and we will have no immediate knowledge of the
accuracy of the existing information provided to us. We will recommend dig ups
by the City of a few target locations to field verify the existing utility locations. If
the existing utility locations are found to be different from what is shown on
FDOT's plans, we may request additional survey for proper development of the
engineering plans which can be provided as an additional service.
The subsurface investigation report for the roadway project will be provided to us
by FDOT'S design consultant. If additional soil borings are needed for proper
development of our final engineering plans, additional soils work may be needed.
This service would need to be obtained as an additional service to our contract
or contracted separately with the information provided to us.
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 through sub-consultants, soils, environmental scientist (jurisdictional and
permitting) services, construction quality control testing, or other 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
Engineer when such revisions are due to causes beyond the Engineer's control.
j:~,USERS~TLZ\SANFORDAVE..DOC 4
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
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 Section 2.
Additional engineering services required by revisions to regulations (after the date
of this Amendment) as applicable to the Florida Department of Environmental
Protection, the St. Johns River Water Management District, Corps of Engineers,
Seminole County, FDOT, or other regulatory agency requirements or revisions
necessary due to changes in the Road Improvement Plans.
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.
SECTION 4
City Responsibilities:
4.1
4.1.2
4.1.3
4.1.4
4:1.5
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.
Make facilities accessible for inspection.
J:%USERS~TLZ%SANFORDAVE..DOC 5
4.1.6
4.1.7
4.1.8
4.1.9
4.1.10
4.1.11
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.
Fumish 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.
Obtain Microstation base drawings of the Road Improvement Plans to serve as
a base for preparation of the Utility Relocation Plans.
SECTION 5
Payment
5.1
5.1.1
5.1.2
5.1.3
Payment for services and expenses of the Engineer to be as set forth below:
Compensation paid Engineer for services described herein and rendered by
principals and employees assigned to the project are computed by multiplying
Standard Classification Billing Rates for all classifications of employees directly
engaged on the project, times the number of hours worked on the project.
The not-to-exceed engineering fee for the services described herein is to be
$23,885.00, inclusive of out-of-pocket expenses. Invoices will be submitted
periodically, indicating the hours expended during that billing cycle.
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.
Charges for the services rendered by principals and employees as witnesses in
any litigation, hearing or proceeding will be computed at a rate of $1,200.00 per
,hXUSERS~TL,Z\SANFORDAVE..DOC 6
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 Engineer's Standard Classification Billing Rates.
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.
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.
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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)
SEAL
CITY:
City of/~~~
ENGINEER:
CPH Engineers, Inc.
David A. Gierach, P.E.
Executive Vice President
Date: /<::Pi 201 '29
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iTEM.
1
10
11
12
13
14
TOTAL
EXHIBIT A
PROPOSED ENGINEERING SERVICES
PLAN OF STUDY
CITY OF SANFORD UTILITY RELOCATIONS
COUNTY ROAD NO. 425 (SANFORD AVENUE)
(FROM 29TH STREET TO LEMON AVENUE)
DESCRIPTION:
Gather data and information ('maps,
aerials, reports, FDOT roadway plans).
Coordinate with FDOT's utiltiy consultant.
Prepare red line drawings of proposed
forcemain and watermain relocation on the
east side and adjustments to the existing
water main on the west side of the
roadway.
Prepare preliminary opinion of probable
construction cost.
Meet with City and review red line
drawings.
Prepare red, green and brown mark-ups &
utility relocation schedule and submit to
FDOT's utility consultant.
Prepare 90% final engineering plans for
Sanford Avenue utility relocations using
roadway plans for base drawings. Note
that the utility relocation plans will be in
metric units to correspond with the
roadway plans.
Cover Sheet
Summary of Quantities
Key Sheet and General Notes
Plan and Profile (6 sheets)
Utility Details
Prepare technical specifications.
Review 90% plans and specifications with
City.
Fill out FDEP and Seminole County permit
applications (Application fees to be paid
directly by City); submit applications.
Revise plans based on City review and
regulatory agency review.
Prepare Opinion of Probable Construction
Cost.
Prepare Project Manual (Front end contract
documents and specifications).
Submit 3 sets of 100% plans and project
manual to City.
E
1 8
1 6
I 1
6
1
2
12
2
20
8
12
1
36
1
10
10
8
119
Sub-total (Based on Stnd. Billing Rates)
Reimbursed Expenses
TOTAL
D
10
2
2
10
12
72
12
25
2
160
1
2
10
10
2
1
1
4
2
35
ES IIMA I b.D
EXPENSES
$10.00
$50.00
$10.00
$10.00
$25.00
$15.00
$15.oo
$15.00
$75.00
$15.00
$20.00
$30.00
$40.00
'$40.00
$1o.oo
$10.00
$100,00
$490.00
$23,395.00
$490.00
$23,885.00
sanfordave