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301-CPH-Amendment 35AMENDMENT No. 35 TO AGREEMENT FOR CONTINUING SERVICES FOR THE DESIGN AND PERMITTING OF CHLORINE HANDLING FACILITIES AT THE SANFORD WATER TREATMENT PLANTS BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on thec~L~f~day ofC~P ,2000 between the CITY OF SANFORD, FLORIDA (hereinafter called the H 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. SECTION 1 PURPOSE OF AMENDMENT 1.1. Introduction The City of Sanford Commission approved the Sanford Water 201 Facilities Plan Addendum, on September 28, 1998, to proceed with obtaining State Revolving Loan Funding (SRF) for various water system improvements including the construction of Chlorine Handling Facility Modifications at the Main and Auxiliary Water Treatment Plants (WTP's). In order to be eligible for funding through the SRF Program, preliminary engineering design plans and specifications must be complete by June 30, 2000. The purpose of this Amendment is to authorize engineering design and permitting services for the chlorine handling facility modifications at the Sanford WTP's. 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 water treatment facility improvements, will be required. Population and potable water demand projections have been revised as part of the Sanford Water 201 Facilities Plan Addendum through design year '2020. The projections indicate that various water system improvements are currently required to meet both projected demands. The water management system improvements are identified in the 201 Facilities Plan Addendum. The City has also completed Process Safety Management and Risk Management Programs in response to OSHA and EPA's concerns regarding the handling, storage and use of chlorine gas at treatment facilities. One of the projects identified in the Water Facilities Plan Addendum "Recommended Plan", which is in accordance with the City's Comprehensive Plan and Master Water Plan, includes the following chlorine improvements at each WTP: · Construction of a "new" enclosed chlorine handling facility building; · Addition of new chlorine handling equipment; · Addition of a chlorine gas scrubbing system; and · Electrical/Controls/Instrumentation/SCADA modifications. 1.2. Purpose of the Amendment The purpose of this Amendment is to authorize the Engineer to provide engineering services for the design and permitting of the "new" Chlorine Handling Facility Improvements at the Sanford Main and Auxiliary WTP's in accordance with the approved Sanford Water Facilities Plan Addendum. 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. SECTION 2 DESIGN AND PERMITTING 2.1. The ENGINEER has assisted the CITY in applying for a low interest SRF Loan for design and construction of a Water Facilities improvements including Chlorine Handling Facilities at the Sanford Main and Auxiliary WTP's. The planning has been completed and approved by the CITY and design must proceed to maintain eligibility of the project for funding. In order to maintain eligibility of the project for funding under the SRF Program, all design and permitting must be completed by June 30, 2000. In order to meet this schedule, design and permitting need to proceed as soon as possible. Under this Agreement, the ENGINEER is to provide the following design and preparation of plans and specifications for chlorine handling improvements at Sanford Main and Auxiliary WTP's. Through subconsultants, the ENGINEER will provide needed surveying, geotechnical investigations and electrical engineering design services for the project. 2.2. Engineering Services Specific services of the ENGINEER shall include the following: A. Coordinate with the surveyor employed by the ENGINEER to obtain a topographic survey to be used as a base for design. B. Coordinate with the geotechnical firm employed by the ENGINEER for obtaining borings and recommendations at the WTP sites for foundation stability and compaction requirements for all proposed structures. C. Prepare a preliminary site layout for the improvements at the Sanford Main and Auxiliary WTP's. D. Meet with City Engineering and Operating personnel and coordinate the basis of design for the facility based on operational experience. 3 Prepare the following plan sheets: · Cover Sheet · General Notes Sheet · Main and Auxiliary WTP Site Plans · Main WTP Chlorine Handling Building Plan · Main WTP Chlorine Handling Building - Structural Plan · Main WTP Chlorine Handling Building Details · Auxiliary WTP Chlorine Handling Building Plan · Auxiliary WTP Chlorine Handling Building - Structural Plan · Auxiliary WTP Chlorine Handling Building Details · Miscellaneo. us Details · Electrical - Main and Auxiliary WTP Site Plans · Electrical - Chlorine Handling Buildings: Elementary Diagrams · Electrical - Main WTP Chlorine Handling Building Plan · Electrical - Auxiliary WTP Chlorine Handling Building Plan · Electrical - Chlorine Handling Buildings: Schedules and Details F. Prepare structural and building design calculations for the Chlorine Handling Facility's at each of the WTP's,. G. Prepare chlorine handling facility designs (buildings, chlorination systems, chlorine gas scrubbing systems, conveyance systems, hoists/monorails, feeding systems, etc.) for the chlorine handling facility's at each of the WTP's. 4 H. Prepare contract documents (specifications) for the proposed improvements at the Sanford Main and Auxiliary WTP's. I. Prepare quantities and an opinion of probable construction cost forthe proposed improvements at the Sanford Main and Auxiliary WTP's. Preparation of an engineering report for the Chlorine Handling Facility Improvements at the Main and Auxiliary WTP's in accordance with FDEP regulations and the Florida Administrative Code (Chapter 62-555). Prepare the FDEP Permit Applications for the Chlorine Handling Facility's at the Sanford Main and Auxiliary WTP's and assist the City in permitting the project with FDEP. Through an Electrical Subconsultant provide the Electrical Design for the Chlorine Handling Facility's at the Sanford Main and Auxiliary WTP's to meet Class I Reliability Standards. Prepare facility lighting plan and building mechanical plans. Integrate instrumentation, controls and monitoring of equipment with the City's existing SCADA System. Submit Plans and Specifications to FDEP-Tallahassee and FDEP-Orlando for review and approval and respond to any Requests for Additional Information (RAI). Coordinate with FDEP-Tallahassee regarding funding of the project under the SRF Program and FDEP-Orlando for engineering and construction permitting approval. 5 SECTION 3 SUPPLEMENTARY SERVICES OF THE ENGINEER 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 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. 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. 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 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. 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. 6 CITY SECTION 4 R ESPO NSI BI LITI ES 4.1 In addition to the specific responsibilities hereinbefore described, 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 including obtaining authorization for use of the Main and Auxiliary WTP properties for construction of the Chlorine Handling Facilities. D. Make facilities accessible for inspection. 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. J. Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. SECTION 5 PAYMENT 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 Survey Subconsultant Soils Subconsultant Electrical/Mechanical Subconsultant Civil/Environmental Engineer Total: Fee $3,000 $3,500 $6,600 $32,880 $45,980 Invoices will be submitted on a regular basis and will indicate the hours expended during the billing cycle. 5.2. 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. 5.3. B. Services for outside sub-consultant services, as required, will be charged at cost without mark-up. 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. jf 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. l0 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. ATTEST & SEAL DATE CITY: City of Sanford, Florida ATTEST & SEAL ENGINEER: CPH Engineers, Inc Ben M. Fries ger DATE David A. Gierach, P.E. President 12 EBEEEE!/// 0 r-