205-CPH-Amendment 66 AMENDMENT NO, 66
TO
AGREEMENT FOR CONTINUING SERVICES
FOR THE RECLAIMED WATER MAIN EXTENSION ON
MAGNOLIA AVENUE
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an
Agreement date 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 I
PURPOSE OF AMENDMENT
1.1 Introduction
The Sanford Reclaimed Water Distribution System is one of the largest systems in
the Central Florida area and consists of over fifty miles of distribution piping ranging
in size from 2-inch through 24-inch. The City of Sanford lies within the St. Johns
River Water Management Districts "Water Conservation Area". Therefore, the
continued production and use of reclaimed water in this area, for irrigation purposes,
reduces the need for "high quality" groundwater resources (potable water). The City
has a limited quantity of local funds available to extend the reclaimed water
distribution system in the Magnolia Avenue area, north of 10th Street between Park
Avenue and Sanford Avenue. The current and proposed reclaimed water piping
system in this area is presented in the attachment at the end of this proposal.
The City of Sanford Utilities Department is proposing to utilize said funds to expand
the system in this area, thereby providing service to the residents in this region of
the City. CPH Engineers, Inc. will provide the following professional engineering
services with regard to the proposed reclaimed water system on Magnolia Avenue,
up to a maximum of 1,800 linear feet of new RWL, in accordance with the Rules
and Regulations of the State of Florida and FDEP:
· ProfessionalSurveyingServicesfortheselectedreclaimedwaterlineextension
(up to a maximum of 1,800 linear feet);
· Professional Engineering Services for the design of the reclaimed water line
extension (up to a maximum of 1,800 linear feet).
· Professional Engineering Inspection Services during the construction of said
reclaimed water distribution system improvements (limited inspection services).
SECTION 2
PROFESSIONAL ENGINEERING SERVICES
2.1 Professional Engineerincl Services
Under this Agreement, the ENGINEER shall provide the following professional
engineering services for the reclaimed water line extension (up to a maximum of
1,800 linear feet) along Magnolia Avenue, Palmetto Avenue or both. The specific
services are as follows:
2.1.1 Meetina with the City to determine the location and limits of the RWL
Extension
Meeting with the Utility Director and Projects Administrator to determine the
exact location(s) of the proposed reclaimed water main extension with
respect to maximum serviceability to new customers and project budget.
2.1.2 Professional Survevina Services for the Reclaimed Water Line Extension
Professional surveying services shall be provided by the Engineer along the
proposed reclaimed water line extension route to be used as a base for the
engineering design of the system expansion.
2.1.3 Professional Enqineerina Services for the Desiqn of the RWL Extension
Civil and Environmental Engineering Design of the proposed reclaimed water
line extension in accordance with the rules and regulations of the State of
Florida and the Florida Department of Environmental Protection.
2.1.4 "Limited" Inspection Services Associated with Construction of the RWL
Extension
The Engineerwill provide "limited" construction inspection services to ensure
that the proper materials have been supplied (shop drawing review) and that
the RWL extension is being constructed as designed and permitted.
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 5.
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, project
characteristics and/or requirements, 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, additional
meeting with the regulatory agencies 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.
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.
C. Guarantee access to and make all provisions forthe ENGINEER to enter upon
public and private lands as required for the ENGINEER to perform his work
under this Amendment.
D. Make all treatment facilities and associated sites 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.
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.
SECTION 5
PAYMENT
5.1. Payment for services and expenses of the ENGINEER are to be asset forth below.
The ENGINEER agrees to perform the work outlined in this Agreement for a lump
sum fee as indicated in the following table:
I Description F~_.......I'
Professional Surveying Services for the Project $4,800
Civil I Environmental Engineering Professional Services $7,000
associated with the design of the RWL Extension
"Limited" Construction Inspection Services associated $3,300
with the RWL Extension
5.2. The OWNER will make prompt monthly payments in response to the ENGINEER's
monthly statements without retention for all categories of services rendered under
this Agreement.
5.3 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).
5.4 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.
SECTION 6
PAYMENT
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.
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
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DATE
ENGINEER:
CPH Engineers, Inc.
ATTEST & SEAL
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_. Project Manager
DATE David A. Gierach
President
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CITY OF SANFORD
RECLAIMED WATER LINE EXTENSION FOR MAGNOLIA AVENUE