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205-CPH-Amendment 45 Amendment 45 To Agreement for Consulting Engineering Services For Update of The Westerly Sewer Study Between The City of Sanford, Florida And Conklin, Porter and Holmes-Engineers, Inc. This Agreement made on the ~/~ day of/~-61;'~, 1996 between the CITY OF SANFORD, FLORIDA (hereina~er called the CITY) end CONKLIN, PORTER AND HOLMES-ENGINEERS, INC. (hereinat~er called the ENGINEER), is mutually agreed upon and declared an authorized Amendment to en Agreement dated December 7, 1983, between the parties, herein setting forth the scope, tenus 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 dascribed herein. Section 1 1.1 General 1.1.1 The City of Sanford has requested a proposal to update the planning analysis of the westerly sewer area. This will update the "Planning for the Westerly Interceptor Sewer for the City of Sa~f~rd~' completed in August, 1988, by CPH Engineers. Section 2 2.1 General Services of the ENGINEER 2.1.1 l~eview 1988 Westerly Interceptor Sewer Study. 2.1.2 ReviewwiththeCITYtheboundadesoftheplanningareatothewest. Develop and refme a study base map. 2.1.3 Review the population projection and land use density information used in the 1988 Study. Update the information based on the review and recommendations of the City Planning Department. This assumes most revisions to be relatively minor. 2.1.4 Update the sewer service planning based on the new development occurring near I-4 and the new Mall. A gravity system to serve the area north of Hwy 46, east of Upsala Road and west of the CSX Railroad with a lift station at a central location to be selected by the City will also be considered. 2.1.5 Consider serving a potion of the area adjacent to the Rinehart Road extension through wholesale sewer service to the County. 2.1.6 Examine the existing force main and lift station system and its capability to accommodate the revised wastewater flows based on the revised population and land use figures. Some limited computer modeling utilizing the existing CITY lift station model will be included. 2.1.7 Prepare Preliminary Opinion of Probable Construction Cost 2.1.8 Consider and evaluate implementation requirements, including right-of-way acquisition, permitting, funding jmisdictional matters, etc. Select a recommended plan along with Owner and consider phased implementation of the long-range plan. 2.1.9 Prepare a preliminary report in draft form with text, maps, and estimates snmma~zing the Study, its results, and recommendations, and submit to the CITY. 2.1.10 Make revisions and refinements to report after Owner' s review, and furnish 15 copies to Owner. 2.1.11 Present stunmary of report to CITY and discuss and answer questions. Section 3 Supplementary Services of the ENGINEER 3.1 Provide, through subconsultants, surveying, electrical, soils, construction quality control testing, or other subconsultant services not described in this Agreement, ff requested or authorized in writing by the CITY. Page 2 3.2 Additional sarvices due to significant changes in the scope of the proj~t 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 Additional services in connection with the project including services normally furnished by the CITY as described in Section 4 harein and services not otherwise provided for in this Agrecrnant. 3.4 Preparing to serve and serving as an expert witness for the CITY in any protest, litigation, or other proceeding involving the project. 3.5 Except as otherwise provided harein, services or additional costs associated with revising previously accepted studies, reports, or other docmcnts when such revisions are due to causes bcyond the ENGINEER's control, 3.6 Investigations involving detailed consideration of operations, maintenance and ovarhcad expenses including preparation of operating and maintcnance manuals, feasibility studies, appraisals and valuations. 3.7 Furnishing additional copies of repofis bcyond those called for in the Basic Services. Section 4 The CITY's Responsibilities 4.1 The CITY will: 4.1.1 Advise the ENGINEER of his rcqaircrncnts for the projact and designate a person to act as the CITY's representative with respect to the work to be performed nndar this Amendment, and such person shall have complete authority to transmit instructions, receive information, intm'pret and define the CITY' s policies and decisions pertinent to th~ work covered by this Amendment. 4.1.2 Provide data requested that is reasonably available on the existing utility systems, land use and planning information, and provide population projcctions. 4. 1.3 The CITY will provide the ENGINEER with rough estimates of land cost sintable for purposes of this study for any land needed to be acquired or leased as called for in the planning. 4.1.4 Guarsnt~ 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 undar this Amendment. 4.1.5 Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. 4.1.6 Examine all studies, reports, sketches, and other documants presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. Page 3 4.1.7 Obtain approval of all goverran~ntal 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.g Furnish or direct the ENGINEER in writing to provide at the CITY' s expense any physical culture, topographic or elevation surveys, if advised by the ENGINEER and CITY concurs that they are necessary. 4.1.~ Furnish or direct the ENGINEER in writingto provide at tl~ CITY' s expense necessary supplementary services as stipulated in Section 3 of this Amendment, or other services as required. 4.1.10 ]Provide such legal, accounting and insuranc~ 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 othenvise becomes aware of any defect in the Project. Section 5 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 described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Direct Personnel Expense (deEmed in paragraph 5.2.3 herein) times a factor of 1.95 pins all reimbursable expenses. The fee for the engineering services for the Service described in Section 2 including reimbursement for subconsultants as described in those sections, without increase, plns out of pocket expenses of 5.2.1 at actual cost thereof shall not exceed $16,000. 5.2 Reimbursed Expenses 5.2.1 Expenses for items not spec't~cally valued herein are to be re'nnbursed to the ENGINEER at the actual cost thereof. Said expenses shall include transportation and subsistence ofprincipals and employees, when traveling in connection with the project, toll telephone calls, telegrams and similar project-related items. 5.2.2 The CrrY will make prompt monthly payments in response to the 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 Page 4 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 per day or any portion thcrcof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed in accordance with the funding levels as set forth in Paragraphs 5.1.1 and 5.2.1 here'm). 5.2.5 If this Agreement is tenninated 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 5.2. 1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendereeL In addition, upon termination, the ENGINEER shall be paid for any Supplementary services authorized and rendered under Section 3. 5.2.6 Services provided by outside subconsultants 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 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 gnarantcc that bids or the construction cost will not vary fxom opinions of probable cost prepared by him. 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 bc construed as giving any rights or benefxts hereunder to anyone other than the CITY and the ENGINEER Page 5 6.3 The ENGINEER agrees to initiate work promptly upon receipt of authorization to proceed and to prosecute the work in a timely manner until the Project is completed and to complete the Master Plans within 6 months of receipt of authorization to begin work. THE CITY OF SANEORD, FLORIDA CONKLIN PORTER AND HOLMES- ENGINEERS, INC. Page 6 Plan of Study Westerly Sewer Study Item P E T D S Exp 1. Define planning area boundaries and establish 2 4 1 25.00 base map. 2. Review previous studies including recent Water 1 4 4 1 and Wastewater Master Plans and Plarming for the Westerly Interceptor Sewer. 3. Update maps of the westerly collection system to 2 8 8 25.00 include latest data. 4. Review and summarize population data and land 4 1 use information from 1988 Study and provide to the City Planning Department for their review and update as required. 5. Project wastewater flows from subdiv'tsious 4 8 1 within the planning area based on revised City data. 6. Evaluate existing force main and lifr station 8 32 system using updated information and perform limited computer modeling. 7. Update the planning of the westerly collection 2 16 40 12 4 50.00 system to include major gravity lines~ force mains and lift stations. Local collection lines will not be included. 8. Prepare Prelim'mary Opinion of Probable 6 12 2 Construction Cost. 9. Meet with the City to review the preliminary plan 2 6 1 and associated costs. 10. Revise plan based on City comments. 6 12 8 2 25.00 11. Prepare a letter report in draft form and provide to 1 16 6 50.00 the City for review. The report will be an update of the 1988 study and will be intended to serve as a supplement to that study. 12. Incorporate revisions and provide 15 copies of the 4 4 2 2 100.00 report to the City. 13. Present a summary of the report to the City and 2 2 participate in discussions. Page 7