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301-CPH-Amendment 32 Amendment No. 32 To Agreement For Continuing Services For Final Design and Construction Plans For Utility Improvements Associated With Narcissus Avenue Sewer Main & Lift Station & West 5th Street Sewer Main Extension Between The City of Sanford, Florida And CPH Engineers, Inc. This Agreement made on the~'~day ofet~he~4x ,199,~'between the CITY OF SANFORD, FLORIDA (hereinafter call itS' and CPH ENGINEERS, INC, (hereinafter called the 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 forthe work described herein. WHEREAS, the City has determined a need to provide sewer service along the SR 46 corridor, west of the CSX Railroad tracks, and WHEREAS, the City desires to fund the improvements through the State of Florida Revolving Loan Program which provides low interest funding for wastewater projects, and WHEREAS, in order for the project to be eligible for SRF Funding, the plans must be completed and permits in hand, and WHEREAS, the City has requested the Engineer to perform certain professional engineering services in connection with this work The City and the Engineer for the considerations named herein agree as follows: SECTION 1 General 1 .I Introduction 1.1.1 The Engineer is assisting the City in design of two utility projects which will provide the basis for future sewer utilities serving the area generally west of the CSX Railroad to West Monroe Road Southward to approximately one quarter mile south of SR 46, encompassing two sewer collection main projects including a major lift station as shown on the attached Figure. 1.1.2 Narcissus Road Sewer This project includes appreximately'7,900 feet of collector sewer main and an associated lift station and force main serving an area of approximately 400 acres. This system will be the central collection main to provide sewer service to this section of the City, north of SR 46. 1.1.3 West 5th Street Sewer This project includes approximately 3950 linear feet of gravity collection sewer main from S.White Cedar Road to Bevier Road. This sewer extension will ultimately serve the area south of SR 46 from Bevier Road to S. White Cedar, serving approximately 175 acres. PROPOSED GRAVITY SEWER 1.1.4 The purpose of this proposal is to provide final design, preparation of plans and specifications and permitting of the utility improvements described above and to proparo necessary plans for obtaining funding of the projects under the State Revolving Fund (SRF) Program. SECTION 2 Scope of Services General Work Description The Scope of Services for each project is shown below. A Plan of Study is attached as Exhibit A which shows the estimated man-hours for each work item identified below. 2.1 Narcissus Avenue Sewer Main, Force Main & Lift Station 2.1.1 Meet with City Utility and Planning Department staff to obtain land use and proposed zoning and population/employment projections for the area of service, to determine potential flow rate and potential area of service. 2.1.2 Prepare preliminary design based on projected flow rates and area of service. Determine optimal lift station site location. Prepare preliminary cost estimate. 2.1.3 Through surveyor, obtain existing right-of-way information along the proposed pipeline routes. 2.1.4 Meet with City to review preliminary design. 2.1.5 Employ geotechnical consultant to conduct soil testing required for design of sewers and lift station. 2.1.6 Employ surveyor to survey pipe route and proposed lift station site requirod for final design. 2.1.7 Prepare AutoCAD base drawings utilizing survey data for sewer main and force main at a 1 "=20' scale as a base for preparation of construction plans. 1 Cover Sheet 2 Summary of Quantities 3 Key Sheet and General Notes 4-17 Single Plan/Profile Pipeline Design Sheets @ 1 "=20' scale 18-20 Submersible Lift Station Design 21-23 Miscellaneous Detail Sheets 2.1.8 Proepare Technical Specifications and Contract Documents. 2.1.9 Develop quantities and opinion of probable construction costs. 2.1.10 Provide the City with Mylar reproducibles and two signed and sealed record sets of drawings. 2.1.11 Coordinate with FDEP and assist the City in obtaining FDEP Wastewater Collection System permit. 2.1.12 Coordinate as necessary on behalf of the City to obtain funding under the SRF program. 2.1.13 Assist the City in preparation of a Seminole County Right-of-Way Utilization Permit, FDOT Utility Permit. 2.1.14 Coordinate reviews with the City, Seminole County, and FDOT. 2.2 West 5t" Street Sewer Extension 2.2.1 Meet with City Utility and Planning Department staff to obtain land use and proposed zoning and population/employment projections for the area of service to determine potential flow rate and area of service. 2.2.2 Prepare preliminary design based on projected flow rates and area of service. Prepare preliminary cost estimate. 2.2.3 Through surveyor, obtain existing Right-of-Way information along the proposed project route. 2.2.4 Meet with City to review proposed design. 2.2.5 Employ geotechnical consultant to conduct soil testing required for design of sewer. 2.2.6 Employ surveyor to survey pipe route required for final design. 2.2.7 Prepare AutoCAD base drawings utilizing survey base for sewer main at a 1 "=20' scale as a base for preparation of construction plans for utility relocation work. 1 Cover Sheet 2 Summary of Quantities 3 Key Sheet and General Notes 4-10 Single Plan/Profile Sheets @ 1 "=20' scale 11-13 Miscellaneous Detail Sheets 2.2.8 Prepare Technical Specifications and Contract Documents, 2.2.9 Develop quantities and opinion of probable construction costs. 2.2.10 Provide the City with Mylar reproducibles and two signed and sealed record sets of drawings, 2:2.11 Coordinate with FDEP and assist the City in obtaining FDEP Wastewater Collection System permit. 2.2.12 Coordinate as necessary on behalf of the City to obtain funding under the SRF program. 2.2.13 Assist the City in preparation of a Seminole County right-of-way Utilization Permit. 2.2.14 Coordinate reviews with the City and Seminole County. 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 Provide bidding services, which include issuance of bid, documents, answering bidder questions, attending the bid opening, review of bids and other bid phase services prior to award of the construction contract. 3.1.2 Provide Construction Engineering and Inspection (CEI) services during construction including review of shop drawings, payment applications and other coordination during construction. 3.1.3 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. 3.1.4 Provide through sub-consultants 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. 3.1.5 Provide additional surveying sub-consultant services necessary in conjunction with right-of-way or easement acquisitions. 3.1.6 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 Engineers control. 3.1.7 Additional services resulting from public protests, administrative hearings, or similar matters. 3.1.8 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. 3.1.9 Furnishing additional sets of prints of drawings and other Documents beyond those designated in Section 2. 3.1.1 0 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, Seminole County, FDOT, or other regulatory agency requirements 3.1.11 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 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 fight-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. '1.4Make 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. 4.1.6 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. 4.1.7 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. 4.1.8 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. 4.1.9 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 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 (defined in paragraph 5.2.3 herein) times a factor of 1.95 plus all reimbursable expenses. The fee for the engineering services described in Section 2, plus out of pocket expenses as described in 5.2.1 below at actual cost thereof, plus sub-consultant expenses at actual cost thereof shall not exceed $105,962.20. A "Task" breakdown is attached as Exhibit A and provides a proposed Man-hour and Expenses cost breakdown and fee calculation. 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 Engineers 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 salades 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 $1,200.00 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-consultants 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 guarantee that bids or the construction cost will not vary from opinions of probable costprepared. by him. Similar limitations apply to construction schedules reviewed or prepar. ed 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 rig, hts 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 WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. CITY: (ATTEST &SEAL) City o a , ori a ENGINEER: ........... CPH Engineers, Inc. D~/id A. Gierach, P.E. Sr. Vice President Date: X EXHIBIT A Plan of Study · ' :' ~:': 1.~.SeW~f:gjL~iff~:Stati0'~/:A; ong' N~ir~ Ss'Us:.A:V~hU~ ".'.': :": .' :~'.:: '~ '::.::: · ' ': ' .:.':. ITEM ':.';; .'' .: . :DE'~'~REPi'i~N ." .. ?:..:.':: ' "... ,," ,... :.. ',':",' 1. Metdug aad Coordinating wiffi Ci~ to obtain dam and 8 12 4 S25 ~fo~adou ou e~s~g plan availabHi~, c~sting uffiidcs, and land use plan. 2. Check ~ review poteudal conflict locations, evaluate 2 8 ~6 4 uffii~ l~adon ~cludiug evaluation of li~ station sims. Discuss alm~uadves wiffi Ci~. 3. Review & discuss p~oposed udli~ locadous wiffi ~c 8 8 32 16 12 $100.00 Ci~ ud Count. P:ovide Ci~ wiffi preli~a~y ~k~-up pl~ w/proposed uffii~ l~adons ~d seaice 4. Obm~ Soils ~vesdgatiou dam f~om geotcchuical 2 $2,0~.00 coasult~ (allow~ce). 5. Obm~ su~cy of proposed pipeline ~oute ud lift 2 $16,~0.00 station sire (allow~ce). Su~ey ~b- Cousulmt 6. ~ep~¢ AutoCAD base d~aw~gs util~iug su~ey at Z" =20' ~ale as ba~ fo~ pzep~adon of cous~cdou plans. P=epare ~e followin~ plans: a. Covc~ Sheet 2 8 2 $25.00 b. S~a~ of ~uddesley Sheet and 2 2 8 12 8 $50.~ General Hums (2 Sheets) c. S~gle Plan & P~ofile UHliW Improvement 16 40 140 252 12 $375.00 ~ I, =20' (14 sheets) d. Lift Station Design (3 Sheets) ¢. ~iscellaneous Detail Sh~t (3 sheets) 2 4 4 12 $150.00 ?. P~epare Technical Specifications &Contact 4 32 12 $25.00 Docmcats. 8. Develop Quamidcs & ~iuion of ~obable 2 4 12 4 Cous~ctiou Cost. I\CpH_SANF~UARq~NAiICS~ _ I. DO~ I 0 · :. ' :' 1. sowor'&L:ift's,'a'ti~n~,lb:ng'N~ird~i'gSti~':AV~'~iu~ ':"' ........ ' ITEM ~ DESCRI~ION P E 'F D S ESTIMATED i : EXPENSES ~l P'~, 3. ( .' ~."'. e :' .',,..: .., :'. i, :',~..,.'....~ .', ; ~-, ,., 10. Provide ~e Ci~ wiffi Mylar reproducibles & ~o 2 2 2 $200.~ signed and se~ed record ~ts of drawings. 11. Coord~ate w/FDEP ~d ~e Ci~ in obt~g FDEP i 8 8 16 2 $200.00 Wastewater Collection SySmm Water Pe~t. 12. Assist ~e Ci~ ~ obm~g Se~nole Coun~ ~ght of 2 8 6 2 $150.~ Way Uffi~a~on Permit, FDOT ~d CSX Petit. 13. Coor~a~on & Revisions w/~e CiW, FDOT, 2 8 8 8 8 Seminole Count. TOTAL 53 166 266 380 76 $19,425.00 P -- Principal = 53 X 92.93 = $4,925.29 E = Engineer = 166 X 68.85 = $11,429.10 T = Technician = 266 X 59.06 = $15,709.96 D = Draftsman = 380 X 41.30 = $15,694.00 S = Secretary = 76 X 29.50 = $2,242.00 Expenses = $1,425.00 Surveyor = $16,000.00 Soil = $2,000.00 = TOTAL $69,425.35 ITEM DESCRIPTION P E T D S ESTIMATED · .. .....,. .. .. :....: : , · .! , :....: .::..!..: :.:.: . ...:..... .:.. ~ . ,. ·EXPENSES 1. Meeting and coordinating with City to obtain data 2 8 4 $25.00 and information on existing land use plan and existing utilities. 2. Check & review potential conflict locations, evaluate 2 4 8 4 utility locations. Discuss alternatives with City. 3. Review & discuss proposed utility locations with the 2 4 24 16 12 $100.00 City. 4. Obtain soil investigation data from geotechnical 4 $1,000.00 consultants (allowance). 5. Obtain survey of proposed pipeline route. $8,000.00 6. Utilize AutoCAD or Mylar roadway base drawings and survey at 1" =20' scale as base for preparation of construction plans. Prepare the following plans: a. Cover Sheet 2 8 2 $25.00 b. Summary of Quantities/Key Sheet and 1 1 4 6 4 $50.00 General Notes (2 sheets). e. Single Plan & Profile Utility Improvement 4 28 48 126 10 $175.00 @ 1" =20' (7 sheets) e. Miscellaneous Detail Sheet (3 sheets) 2 4 4 12 $50.00 7. Prepare Technical Specifications &Contract 3 16 12 Documents. 8. Develop Quantities &Opinion of Probable 2 2 8 4 Construction Cost. 9. Provide City and County with final engineering 2 2 6 6 $I00.00 plans. · .. ' ' ' ' ': ': =' '.; 3:. Sewer,M~lin :a oilg'W~st 5t,'..': :' .. :. '. .. ssc. .: ."' i: ITEM· · :D I .'." ~ ~':'~ Z..~. ':" ' ~. '7.;:,:': . :, . · :.'... :. .'....~.:"':. ,.,. {~':.~.:: . . ... . .. ,:...... . .. . .: , 10. P~ovide ~e Ci~ wjffi MyZa~ ~ep~oducibles ~ two 2 2 2 $4~.~ si~ned and sealed ~eco~d sets of d~awings. ~ 1. Coo~dj~te w/~D~ a~d ~e Cj~ in obm~g 1 8 8 ~6 2 FDE~ Wastewate~ Collection System ~e~t. 12. Assist ~e Ci~ in obm~ing Sem~ole Co~ Right 1 6 4 2 $150.~ of Way Ufilinfion Pemit. 13. Coordination & Revisions w/~e Ci~, and Sem~ole 2 8 8 8 8 $100.~ Count. TOTAL ~ ~ 118 200 72 $10,~75.00 P = Principal = 24 X 92.93 = $2,230.32 E = Engineer = 97 X 68.85 = $6,678.45 T = Technician = 118 X 59.06 = $6,969.08 D = Draftsman = 200 X 41.30 = $8,260.00 S = Secretary = 72 X 29.50 = $2,124.00 Expenses = $1,275.00 Surveyor = $8,000.00 Soil = $1,000.00 Total $36,536.85 EXHIBIT B WESTERLY UTILITY IMPROVEMENT SCHEDULE KEY DATED Authorize Final Design of improvements January 4, 1999 Environmental Information Document by FDEP March 30, 1999 Certification of Site Availability March 30, 1999 Complete Plans & Specifications & Submit for FDEP March 5, 1999 Permitting & FDEP Tallahassee Approval issue FDEP Construction Permit April 5, 1999 All Planning & Design Complete & Permits Issued to be April 15, 1999 Eligible for FY 99 SRF Funding Request listing on Fundable or Contingency Portion of Priority April 15, 1999 List for FY 99 Funds Available July 1, 1999 Begin Construction October 1, 1999 Complete Construction October 1, 2000