205-CPH-Amendment 59 AMENDMENT No. 59
TO
AGREEMENT FOR CONTINUING SERVICES
FOR PRELIMINARY ENGINEERING OF
PHASE II RECLAIMED WATER AUGMENTATION, TRI-PARTY
AGREEMENT SERVICES AND PHASE I CONSTRUCTION
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the:~'j~day of ~ ,2000 between the CITY OF
SANFORD, FLORIDA (hereinked the Cla~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 1
PURPOSE OF AMENDMENT
1.1. Introduction
The St. Johns River Water Management District is encouraging the use of
alternative sources of water to meet the water supply need of the Central Florida
Area. The City of Sanford has undertaken a beneficial and successful program of
reusing reclaimed water, through both public and restricted access irrigation,
throughout the City to reduce the use of valuable high quality groundwater supplies.
The program has been so successful that at certain times throughout the year there
is not an adequate supply of reclaimed water to meet the demands of the system,
As a result, the City has proceeded with a phased program to augment the City's
current reclaimed water supply with surface water from Lake Monroe (St. Johns
River).
A pilot plant study was initially completed and the results and recommendations
were presented in the report entitled "City of Sanford Water Reclamation Facility
Project: Pilot Plant Study Final Report". The pilot plant results showed that with
minimal treatment processes such as coagulation, filtration and chlorination, Lake
Monroe water could be used as a source water for the generation of reclaimed
water and augmentation of the Sanford Reclaimed Water System. The reclaimed
water generated during the pilot plant study met the water quality criteria mandated
in Chapter 62-610, F.A.C.
The results of the pilot plant study then led to the final design of the Phase I
Reclaimed Water Augmentation Facilities at the Sanford North WRF. The
proposed facilities, during the final design phase, included the following:
· Portable, diesel powered feed pump;
· Chemical coagulant and polymer feed systems;
· Coagulation and flocculation systems;
· Upflow, deep-bed tertiary filters (DynaSand);
· Chemical Feed/Compressor Building;
· Yard piping improvements;
· Electrical / Controls / Instrumentation Improvements; and
· SCADA System improvements.
The project was competitively bid, based on FDEP and EPA criteria and
requirements, and the project came in under the Engineer's Opinion of Probable
Construction Cost. A "Recommendation of Award" will be issued to the low Bidder
soon with construction to begin by mid-May 2000. In order to maintain the project
on schedule, in accordance with EPNSJRVVMD requirements, and begin
augmenting the reclaimed water system, the following engineering activities need
to proceed immediately:
· Hydraulic analysis of the reclaimed water distribution system and
determination of improvements required to meet current and future demand
(flow and pressure);
· Preliminary design of proposed improvements based on the hydraulic
analysis;
· Development of a Tri-Party Agreement between the City of Sanford and
Seminole County and Lake Mary for the delivery of reclaimed water;
· Improvements at the Sanford North WRF to allow the diversion of effluent
flow from the existing secondary clarifiers to either the "new" upflow, deep-
' bed tertiary filters or the "existing" traveling bridge filters;
· Additional Bidding Services required to obtain EPA approval and financing
of the Phase I improvements through their Grants Program; and
· Engineering services required to meet the FDEP and EPA requirements for
construction of the Phase I improvements.
1.2. Purpose of the Amendment
The purpose of this Amendment is to authorize the Engineer to provide engineering
services for the evaluation of the existing reclaimed water distribution system,
preliminary design of the proposed improvements to the reclaimed water distribution
system (required for determining construction costs to be borne by each party in the
Tri-Party Agreement), development of the Tri-Party Agreement, additional bidding
services and engineering services associated with wastewater improvements
required at the Sanford North WRF and the FDEP and EPA requirements for
construction of the Phase I improvements. As part of a separate authorization the
Engineer provided additional design services related to Phase II Augmentation in
lieu of bidding and construction services. In addition, EPA has required more
extensive inspection of the construction to comply with the Grant requirements.
The work shall be completed in accordance with the approved documents:
· Environmental Information Document (EID);
· EPNSJRWMD Grant;
· FDEP Construction Permit;
· Sanford Wastewater Management Comprehensive Plan;
· Sanford Facilities Plan Addendum;
· Sanford Utility Business Plan; and
· Sanford Capital Finance Plan,
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.
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SECTION 2
DESIGN, AGREEMENT DEVELOPMENT AND CONSTRUCTION
2.1. The ENGINEER has assisted the CITY in acquiring two EPA/SJRWMD Grants in
the total amount of $1,739,234 (Phase I - $354,334; Phase II - $1,384,900) forthe
design, construction and implementation of a reclaimed water augmentation system
for the City of Sanford using treated and disinfected water from Lake Monroe. A
pilot-plant study has been conducted and the results indicate that with proper
coagulation, flocculation and filtration of the suspended and dissolved matter within
the lake water, the product is a viable resource/commodity that can be used to
augment the existing reclaimed water system when demand for reclaimed water
exceeds the supply produced from the Sanford North WRF.
The Phase I improvements have been bid and the project has come in under the
Engineers Opinion of Probable Construction Cost. A Recommendation of Award
will be issued soon and construction should begin by mid-May 2000. In order to
meet the funding, project and scheduling requirements for this program, the
associated work described herein must be completed as soon as possible.
Under this Agreement, the ENGINEER is to provide the following design and
engineering services forthe Reclaimed WaterAugmentation Facility atthe Sanford
North WRF. Through subconsultants, the ENGINEER will provide needed electrical
engineering design and construction services for the project.
2.2. Engineering Services
Specific services of the ENGINEER shall include the following:
A. Collect field data and other relevant information regarding the "existing"
reclaimed water distribution system for use in the development of the reclaimed
water distribution system hydraulic model.
B. Hydraulic analysis of the "existing" reclaimed water distribution system and
determination of the current and future improvements required to deliver water
to the permitted service area as well as the other Tri-Party Agreement members
(Seminole County, City of Lake Mary).
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C. Preliminary design of the proposed improvements to the reclaimed water
distribution system based on the results of the hydraulic analysis.
D. Develop an Opinion of Probable Construction Cost (OPCC) for the proposed
reclaimed water distribution system improvements.
E. AssisttheCityinthedevelopmentoftheTri-PartyAgreementbetweentheCity
of Sanford, Seminole County and the City of Lake Mary for the delivery of
reclaimed water. Perform an economic evaluation, based on the OPCC, for
determination of the cost sharing of the Phase II program improvements by each
Tri-Party member.
F. Additional bidding services required to obtain EPA approval and financing of the
Phase I improvements through their Grants Program.
G. Additional environmental, electrical, and SCADA engineering design
improvements, required as part of the current program, based on the
transference of some of the "on-site" Phase II improvements to Phase I.
H. AdditionalengineeringandconstructionservicesrequiredtomeettheFDEPand
EPA requirements for construction and start-up of the Phase I improvements.
I. Through an Electrical Subconsultant provide the electrical engineering
construction administration and start-up services for the Phase I Reclaimed
Water Augmentation System.
SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1. 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 5o
3.2. 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.
3.3. 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.
3.4. Additional services resulting from public protests, administrative hearings, or similar
matters.
3.5. 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.
3.6. 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), or other regulatory agency requirements.
3.7. 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.
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SECTION 4
CITY RESPONSIBILITIES
4.1 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 requested that is reasonably available on the project
along with operational and maintenance requirements and easement and right-
of-way requirements.
C. 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 Sanford
North VVRF property(ies).
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 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.
H. 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.
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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 defect in the Project.
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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 n umber 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:
Electrical Subconsultant $t0,000
Civil/Environmental Engineer $82,792
Total: $92,792
Invoices will be submitted on a regular basis and will indicate the hours
expended during the billing cycle.
5.2. Reimbursed Expenses
A. 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.
B. Servicesforoutsidesub-consultantservices, as required, will be charged atcost
without mark-up.
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5.3. 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.
5.4. 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. 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
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
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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.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
the day and year first above written.
CITY:
-" City of Sanford, Florida
ATTEST'& SEAL
DATE TI
ENGINEER:
CPH Engineers, Inc
ATTEST &-SEAL
Project M ager
DATE David A. Gierach, P.E.
President
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PLAN OF STUDY
Collect field data and other relevant information regarding the "existing"
1 reclaimed water distribution system for use in the development of the 2 8 8 2 $300
reclaimed water distribution system hydraulic model
Hydraulic analysis of the "existing" reclaimed water distribution system and
2 determination of the current and future improvements required to deliverwater 12 64 40 8 4 $200
to the permitted sen/ice area as well as the other Td-Party Agreement
members (Seminole County, City of Lake Mary).
Preliminary design of the proposed improvements to the reclaimed water
3 distribution system based on the results of the hydraulic analysis. 3 8 8 16 2 $100
4 Develop an Opinion of Probable Construction Cost (OPCC) for the proposed 1 4 4 1
reclaimed water distribution system improvements,
Assist the City in the development of the Td-Party Agreement between the City
of Sanford, Seminole County and the City of Lake Mary for the delivery of
5 reclaimed water. Perform an economic evaluation, based on the OPCC, for 20 20 4 $300
determination of the cost shadng of the Phase II program improvements by
each Tri-Party member,
6 Additional bidding sen/ices required to obtain EPA approval and financing of 8 32 16 2 $3,000
the Phase I improvements through their Grants Program.
Additional environmental, electrical and SCADA engineering design
7 improvements, required as part of the current program, based on the 4 48 32 12 8 $1,000
transferonce of some of the "on-site" Phase II improv. 's to Phase I.
A. Check and approve shop drawings, catalog data, diagrams, illustrations,
schedules, samples, test and inspection results and other data the 2 12 12 2 $100
equipment supplier(s) is required to submit.
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