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.
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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.
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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
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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
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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.
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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,
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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.
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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
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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
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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,
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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.
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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__