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205-CPH-Amendment 46 AMENDMENT NO. 46 TO AGREEMENT FOR CONTINUING SERVICES FOR THlg HYDRAULIC ANALYSIS FOR 46A RECLArM'F,D WATER DISTR1RUTION MAIN BETWEEN THE CITY OF SANFORD, FLORIDA AND CONKLIN, PORTER AND HOLlXJF. S-ENGINEERS, INC. 7his greement made on th;. %~y of ~,/~ ~between the C~ OF SA~FO~, FLOmA (herehater called ~e C~) ad GOBLIN, POR~R ~ HO~-ENG~ERS, INC. ~ere~aRer called ~e ENGI~ER), is mutually a~eed upon ~d decl~ed ~ au~o~ed ~enaent to ~ A~eement dated December 7, 1983, be~een ~e pmies, here~ seR~g fo~ ~e scope, Wins ~d condkiom of the work here~ authorked. h c~e of ~y co~ct be~een ~ ~en~ent ~d ~e ~oremen~on~ Agr~ment of December 7, 1983, t~ Amendment shall govern for the work described hereh. l:gOBSXZGS82.0O\WP~PROPOSALXDAG0S06.DAG S0602.97 -1-DATE SECTION 1 PURPOSE OF AMENDMENT 1.1 General 1.1.1 This Amendment work is to generally provide for the hydraulic anaylsis for the'design of a Reclaimed Water Distribution Main on 46A from Upsala to Rinehart Road. The line is to serve the City Of Sanford, City of Lake Mary and Seminole County and the cost for Engineering Services as described herein and the cost for construction of the line will be equally split between the three parties. The Engineer will coordinate with all three entities regarding the analysis. This contract will be with the City of Sanford and the City of Sanford through their tri-party agreement will obtain reimbursement from the City of Lake Mary and Seminole County for their share of the Analysis Costs. SECTION 2 2.1 The City of Sanford, City of Lake Mary and Seminole County are entering into an interlocal agreement for reclaimed water use. We have discussed the conditions of interest with each entity and have separately defined in this proposal, the scope of work required to ensure a successful end result for each interest. Existing 14" Reclaimed Waterlines currently exist near the intersection of Upsale Road and 46A. In addition a 12" Reclaimed Water Line exists on 46A from Upsala to Oregon Avenue. Due to the widening of CR 46A by Seminole County, approximately I000' of the existing 12" reclaimed waterline will be required to be relocated to the outside of the new pavement. Due to the increase in reclaimed water service area, (i.e., adding Seminole County and Lake Mary) a larger RWL will be required on 46A and the linewill needto be extendedto Rinehart Road. In orderto determine the reclaimed water available for delivery to the City of Lake Mary and Seminole County and the required line size on 46A a hydraulic analysis is required of the Reclaimed Water Distribution System. The information obtained from the hydraulic analysis will be used in preparation of the Tri-party agreement and to prepare estimates of the cost for the reclaimed water line extension on 46A. 2.1.1 Specific services to provided shall be as follows: 1. Meeting, coordinating and reviewing with the City of Sanford, City of Lake Mary and Seminole County the K-Pipe analysis for the City of Sanford Reclaimed System 2. Prepare a K-Pipe analysis to determine flow and head available at the point of connection at Rinehart Road and 46A. Based on flows to be delivered to the City of Lake Mary and Seminole County (west side of I-4 P.O.C.) Determine available pressures at the desired flow rate and review results with each entity. 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 direc~y 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, char~/cter of construction or due to time delays in initiating or completion of the work as described herein. 3.1.2 Provide through sub-consultants, electrical, environmental scientist (jurisdictional and permitting) services, construction quality control testing, or other specialist services including real estate/right-of-way agents, project/construction management, financial/budgetary consultant, and bookkeeping/accounting services. If these services are subsequently determined advisable during the course of the work, they may be considered for authorization as an additional service under this Section or separately provided by the CITY. 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 typically funfished. 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. Jobas River Water Management District, Corps of Engineers, Seminole County, FDOT, or other regulatory agency-requirements. -3- 3.1.8 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. SECTION 4 CITY RESPONSIBII,ITIES 4.1 The CITY will: - 4.1.2 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 insauctions, receive information, interpret and define the C1TY's policies and decisions pertinent to the work covered by this Amendment. 4.1.3 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. 4.1.4 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. 4.1.5 Make facilities accessible for inspection. 4.1.6 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. 4.1.7 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. 4.1.8 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any sub- consultant services not designated in Section 2, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.9 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. 4.1.10 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. 4.1.11 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes awa/e of any defect in the Project. -4- SECTION PAYMENT 5.1 Payment Payment for services and expenses of the ENGINEER to be as set forth below: 5.1.1 Principals and Employees of the ENGINEER. 5.1.2 Compensation paid ENGINEER for services shall be a lump sum not to exceed fee of $12,452.00. 5.2 Reimbursed Expenses 5.2.1 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. Monies collected from plan holders in the form of "non-refundable bid deposits" for Contract Document purchase, will be deposited in Engineer's account and at the conclusion of the bidding process, a check for total bid deposits received will be issued to the CITY. 5.2.2 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. 5.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries and wages paid to principals and employees of all classifications engaged directly on the Project, plus the cost of fringe benefits including but not limited to, social security contributions, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. For purposes of this Amendment, Direct Personnel Expense shall be considered an amount equal to 1.48 times applicable salaries and wages. 5.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $600.00 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 Paragraphs 5.1.2 and 5.2.1 herein). 5.2.5 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 5.1.2 and 5.2.1 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. 5.2.6 Services provided by outside sub~consukants will be billed at the direct cost without increase. · SECTION 6 GENERAL CONDITIONS 6.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment or over any construction Contractor's method of determining prices, any opinion of probable consauction 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. ; IN WITNESS WH~,tEOF, the parties hereto have made and executed this Amendment the day and year first above written. CITY: - Ci~;of Sanford, Florida ENGINEER: -7- PLAN OF STUDY FOR CR 46A RECLAINIED WATER MAIN EXTENSION CITY OF SANFORD, CITY OF LAKE MARY AND SEMINOLE COUNTY CPH PROJECT NO. Z6582.00 Ilem Descriptim~ P ~ E T D S Exl}e,:se:~! 1. Project planning, budgeting and project 1 4 2 organization. 2. Data gathering / meeting 6 12 1 $100 3. Prepare K-Pipe analysis based on 6 18 190 2 reclaimed water projections provided by the City of Lake Mary and Seminole County and determine flows and residual pressures at the Rinehart Road/46A point of connection and at Seminole County POC immediately west of I-4 and south of post office. TOTALS 7 28 204 0 3 $100 P = Principal . = 80 X 7 = $560.00 E = Engineer = 68 X 28 = $1,904.00 T = Technician = 48 X 204 = $9,792.00 D = Draftsman = 38 X 0 = $0.00 S = Secretary = 32 X 3 = $96.00 Expenses = $100.00 TOTAL $12,452.00 J:\JOBS\Z6582.00\WP\PROPOSAL\DAG0506.DAG