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205-CPH-Amendment 60 AMENDMENT No. 60 TO THE AGREEMENT FOR CONTINUING SERVICES ASSOCIATED WITH PRELIMINARY ENGINEERING DESIGN OF THE SANFORD SOUTH WATER RECLAMATION FACILITY SITES BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the~~4 day of~ ~ , 2000 between the CITY OF SANFORD, FLORIDA (hereinaffer 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 PURPOSE OF AMENDMENT .t. 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. 1 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 II 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 unew" 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. 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 W~tness 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. 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 wdting, 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. 4 SECTION 5 PAYMENT 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. Fee Consultant Survey Subconsultant $8,500.00 $9,000.00 $17,500.00 Environmental Subconsultant $3,826.36 $4,750.00 $8,576.36 Electrical/Mechanical Subconsultant $4,950.00 $2,500.00 $7,450.00 Civil/Environmental Engineer $24,024.56 $5,500.00 $29,524.56 Geotechnical Subconsultant $0.00 $20,000.00 $20,000.00 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 pdor 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. 5 SECTION 6 GENERAL CONDITIONS 6.1. SincetheENGINEERhasnocontroloverthecostoflabor, materials, orequipmentorover 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 heroin 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. 6 $uap!sajd '3'd 'qoeJe!9 'V p!AeC] 3iVO % Je6eue ;oei'ojd qV3S ~/S3~LV ouI 'sJaeu!Bu9 Halo :~99NIgN9 'lV3S ~ IS3LLV ep!,ol=l 'p,otue$ Jo :LLIO 'UG~!JM eAoqe JmY JEGA pue Aep e41 lueLupuewV s!4; peinoexe pue epew eAeq oleJeq se!~ed e41 'dO]~]HM SS3NilM N I