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301-CPH-Amendment 53 AMENDMENT NO. 53 AGREEMENT FOR CONTINUING SERVICES FOR MULBERRY AVE. STREET PAVING & OLEANDER AVE. EXTENSION BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. / '7~J'~ f~/~,~00 This Agreement made on the,X~'day o 1 between 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, 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. 1 WHEREAS the CITY has available funding for the design and construction of improvements to Mulberry Avenue; WHEREAS the ENGINEER and his proposed subconsultants are intimately familiar with the project area having conducted operations to improve existing stormwater conditions in the vicinity of and including the Mill Creek area. WHEREAS the ENGINEER has experience on roadway design, stormwater design and permitting, wetland permitting and signalization design; WHEREAS the CITY has requested the ENGINEER to perform engineering services relating to the design and permitting of the proposed improvements to Mulberry Ave. and Oleander Ave; NOW THEREFORE,'the CITY and the ENGINEER for the considerations named herein agree as follows: SECTION 1 General 1.1 Introduction 1.1.1 This Amendment work is to generally provide for engineering services for the design and permitting of improvements to Mulberry Ave and extension of Oleander Ave. The CITY has identified the limits of improvements/new construction to Mulberry Ave. and Oleander Ave. to include: 1.1.1.1. Improving Mulberry Ave. from a dirt road to a 24', two lane, urban (curb and gutter), asphalt paved section between 16th St. and 19th St. utilizing existing City right-of-way. 1.1.1.2. Extending Oleander Avenue to the existing railroad right-of-way immediately to the south (the City may need to acquire additional right-of-way in the region between the current end of Oleander and the railroad right-of-way) and to then construct a new 24', two-lane, urban (curb and gutter), asphalt paved utilizing the old railroad bed alignment south and west to Country Club Road 1.1.2 Subconsultant services for the roadway design and permitting may include and not be limited to environmental services (wetlands and surface water permitting, excluding preparation of mitigation plan(s)) and geotechnical services, consisting of subsurface and groundwater investigations. It is the understanding of the Engineer that the City will provide surveying services as necessitated by the project. If/when subconsultant services are determined advisable during the course of work, they may be 2 considered for authorization as an additional service under Section 3 of this Amendment or separately provided by the CITY or consultants employed directly by the CITY. 1.1.3 Additional subconsultant services including land acquisition, title searches, boundary surveys, preparation of legal descriptions or sketches of description, mitigation plans, water quality monitoring, or other specialist services are not included. If these services are subsequently determined advisable during the course of work, they may be considered for authorization as an additional service under Section 3 of this Amendment or separately provided by the CITY or consultants employed directly by the CITY. 1.1.4 Two sets of plans will be prepared: One set detailing improvements to Mulberry Ave. and another set of construction plans for the proposed extension and new construction of Oleander Ave. SECTION 2 Scope of Services 2.1 General Description 2.1.1 The ENGINEER agrees to perform professional engineering services in connection with the project as hereinafter stated. 2.1.2. The ENGINEER will serve as the CITY's professional engineering representative in those phases of the project to which this Scope of Services applies, and will give consultation and advice to the CITY during the performance of his services. 2.1.3 Attached as Exhibit "A" to this Amendment is a manhour breakdown for the project Scope of Services. 2.1.4 The ENGINEER will coordinate with the CiTY and will attend City Commission Workshops and Commission Meetings to obtain Commission and public input regarding the project. The ENGINEER will prepare materials regarding the project design for presentation at the meetings. 2.2 Preliminary Design 2.2.1 The ENGINEER will gather information needed for the project including maps, aerials, and reports. 2.2.2 The ENGINEER will coordinate with the City if the services of an environmental consultant are deemed necessary. The environmental 3 consultant will determine limits of SJRWMD and ACOE jurisdictional wetland and surface waters within the road right-of-way. 2.2.3 The ENGINEER will coordinate with the City the route survey requirements to be provided by the City surveyor. The limits of the route survey are approximately: 2.2,3.1 Mulberry Avenue 50-ft right-of-way from 16th St. to 19th St.: 2.2.3.2 Oleander Road 50-tt right-of-way from the point at which the paved portion of Oleander currently ends southward to and including the 50-ft old railroad right-of-way. Include the 50-ft rail alignment south and west to Country Club Rd. 2.2.4 The route survey will include topography, cross sections, identification of trees larger than 6" in diameter, utilities, physical culture, location of wetlands lines flagged by the environmental consultant (if necessary), and identification of platted right-of-way. Property lines will only be shown as platted, and will not be field located. 2.2.5 The ENGINEER will coordinate with the City if the services of a geotechnical consultant are deemed necessary to conduct a subsurface and groundwater assessment of proposed roadway right- of-way and stormwater detention areas. 2.2.6 The ENGINEER will conduct a drainage analysis in order to determine the size and general location of stormwater ponds which would serve the roadway limits identified in 2.2.3 above. Additionally, it is assumed the drainage analysis will include an analysis of the parcels which are adjacent to the new roadway in order to ensure the roadway design does not adversely affect drainage on the adjoining parcels. The ENGINEER will coordinate with the County and SJRWMD regarding potential use of the existing borrow site, located immediately west of the railroad right-of-way, as a stormwater treatment/attenuation site if properly modified. The ENGINEER will also coordinate with adjacent property owners regarding potential joint use ponds where feasible if necessary. The Engineer will also coordinate with the SJRWMD the possibility of utilizing cold mix asphalt in lieu of the standard FDOT type S structural course as pavement on Mulberry Ave. This would eliminate the need for treating stormwater runoff from Mulberry. 2.2.7 The ENGINEER will design the roadway vertical alignment based on water tables, drainage concerns, and adjacent property elevations. Additionally, the design will also consider earthwork requirements, with an attempt to balance project excavation and fill requirements where possible. 4 2.2.8 During the Preliminary design phase, two sets of construction plans will be prepared (1 each for Mulberry Ave. and Oleander Ave.). These plans will be approximately 30% complete, and will show proposed pavement and the proposed vertical alignment. Each set of plans will consist of: A. Cover Sheet B. Key Sheet and General Notes C. Typical Sections D. Plan and Profile (Mulberry - 2 sheets, Oleander - 6 sheets @ 1 "=20' scale) E. Cross Sections (Mulberry - 2 sheets, Oleander - 4 sheets 1"=10'H, 1"=5'V, sections every 200 ft) 2.2.9 The ENGINEER will identify stormwater pond sizes and locations on an overall map. He will base locations according to proximity to the right-of-way, and will attempt to choose parcels which are not currently developed and do not contain an inordinate amount of quality wetlands. The ENGINEER will coordinate with the County and SJRWMD regarding potential use of the existing borrow site, located immediately west of the railroad right-of-way, as a stormwater treatment/attenuation site if properly modified. The ENGINEER will also work with adjacent property owners to evaluate the potential for joint use ponds along the corridor to help reduce acquisition costs. The ENGINEER will coordinate his services with appraisers & acquisition personnel employed directly by the CITY. 2.2.10 The ENGINEER will prepare a Preliminary Opinion of Probable Construction cost based on the 30% plans and pond sizing and locations. 2.2.11 The ENGINEER will meet with the CITY to review the plans, pond locations, and construction cost estimate. 2.3 Final Design 2.3.1 The ENGINEER will coordinate with the City to obtain and coordinate the work of an environmental subconsultant who will flag all jurisdictional wetlands. Environmental consultant work will also include preparation of information required for wetland resource permit, dredge/fill applications and PAl's, and protected species survey for Corps of Engineers, if required. Since it is difficult to determine the extent of the wetland impacts (quantity and quality) without detailed field reconnaissance and determination of stormwater pond locations, 5 the engineering fee identified in Section 5 of this Amendment does not include preparation of a mitigation plan. Other mitigation plan preparation additional services may also include surveying, title work, coordination with property owners, preparation of construction drawings, and exhibits, depending on the type of mitigation chosen for this project. 2.3.2 The ENGINEER will coordinate required survey subconsultant services to consist of topographic information at the proposed stormwater ponds as well as legal descriptions and boundary surveys with the City surveyor. 2.3.3 The ENGINEER will coordinate with the City to obtain and coordinate geotechnicel consultant services consisting of subsurface and groundwater assessment. 2.3.4 The ENGINEER will prepare two sets of 60% construction plans which will consist of the following: A. Cover Sheet B. Key Sheet and General Notes C. Drainage Map D. Typical Sections E, Summary of Drainage Structures F. Plan/Profile Sheets (Mulberry - 2 sheets, Oleander - 6 sheets @ 1 "=20' scale) G. Stormwater Pond Construction (no more than 2 sheets) H. Miscellaneous Details I. Cross Sections - (Mulberry - 2 sheets, Oleander - 4 sheets 1" = 10'H, 1"=5'V sections every 200 ft) 2.3.5 ENGINEER will prepare stormwater design calculations (ponds and storm sewer system) for use in permitting the project. 2,3.6 ENGINEER will prepare exhibits relating to stormwater design as needed for the permitting of the project. 2.3.7 ENGINEER will update previously prepared Preliminary Opinion of Probable Construction Cost, 2.3.8 ENGINEER will meet with CITY to review 60% plans, stormwater calculations, and opinion of construction cost. 2.3.9 The ENGINEER will modify plans and calculations as necessary based on CITY review. 6 SECTION 3 Additional Services of the ENGINEER 3.1 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. 3.1.1 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. 3.1.2 Provide through subconsultants, construction quality control testing; traffic studies; wetland or surface water mitigation relating to proposed creation or restoration areas, or wetland preservation; land acquisition boundary surveys, title searches, preparation of legal descriptions or sketches of description; or other specialist services including real estate or right-of-way agents, project or construction management, financial or budgetary consultants, and bookkeeping or accounting services. If these services are subsequently determined advisable during the course of work, they may be considered for authorization as an additional service under this section or separately provided by the 3.1.3 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. 3.1.4 Additional services resulting from public protests, administrative hearings, or similar matters. 3.1.5 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. 3.1.6 Furnishing additional sets of prints of drawings and other Documents beyond those designated in Section 2. 3.1.7 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 8 changes in the Road Improvement Plans. 3.1.8 Additional services in connection with the project including services normally furnished by the CITY as described in Section 4 heroin and services not otherwise provided for in this Agroement. 3,1.9 Construction Engineering and Inspection Services shall be provided under separate authorization. SECTION 4 CITY Responsibilities 4.1 The CITY will: 4.1.1 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 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. 4.1.3 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. 4.1.4 Make facilities accessible for inspection. 4.1.5. 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. 4.1.6 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any sub-consultant services, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.7 Provide such legal, accounting, financial and insurance counseling services as may be required for the project, and such auditing services 9 as the CITY may require. 4,1.8 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 General Payment Provisions 5.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Standard classification billing rates for all classifications of employees directly engaged on the project, times the numbers of hours worked on the project. 5.1.2 The engineering fee for the services described herein is estimated to be $84,585.00 inclusive of out-of-pocket expenses. Invoices will be submitted periodically, indicating the hours expended during that billing cycle. 5.1.3 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. 5,1.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $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 Paregraphs 5.1.1). 5.1.5 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 Paragraph 5.1.1 and 5.1.2 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. SECTION 6 General Conditions 6.1 Since the ENGINEER has no control over the cost of labor, materials, 10 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. 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. 6.3 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. 11 a~eC] ~uap!sa~d ' 'oul 'sjaau!l~u:l Halo :~I~I:~NI~)N;] DATE May 14, 2001 CITY OF SANFORD AGENDA MEMORANDUM ITEM NO. C--~ (o · SUBJECT: Mulberry Avenue Street Paving and Oleander Extension Engineering Services DEPARTMENT: Pubic Works DIVI ION: Admini at' n AUTHORIZED BY: Robert G. Herm~ACT: Charles ~XT: 5681 MOTION/RECOMMENDATION: Recommend Mayor be authorized to execute Amendment No. 53 with CPH Engineers, Inc. for engineering sen ices associated with the Mulberry Avenue Street Paving and the Oleander Avenue Extension in the amoum of $84,585.00. BACKGROUND: Attached is a proposal from CPH Engineers, Inc. for design and permitting services in the amount of $84,585. The services are needed to complete Mulberry Avenue street paving and the Oleander Extension (a.k.a. Mulberry extension). The proposal has been reviewed, is in order, and is reasonable for the work involved. It is recoramended the proposll be accepted and approved in the mount of $84,585.00. Upon approval, a project account (Mulberry Paving/Oleander Extension Project) will be established along with a transfer of funds from Renew/Replace - Streets (account No. 13 1-0000- 541-63.03) in the mount of $84,585. Reviewed by: CM CA Deputy CM Finance Di~&j IRegular Consent X Work Session Briefing__ I Other__