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301-CPH-Amendment 67 AMENDMENT NO. 67 AGREEMENT FOR CONTINUING SERVICES FOR ROOSEVELT AVENUE / 19th STREET VICINITY LIFT STATION AND SEWER EXTENSION - PHASE II BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the ~_ d~yy °~~r(~s, i~nc. e~heere~nat~t~r C~taYlle°df Sanford, Florida (hereinafter called CIT ) j~nd CPH I~gine~ . [ 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 for the work described herein. WHEREAS Sewer improvements have been identified for the Goldsboro area of Sanford; and WHEREAS the ENGINEER has previously provided design services for the Mulberry Avenue / 19th Street Water and Sewer Extensions (Phase 1); and WHEREAS, the second phase of the design of sewer improvements in the Goldsboro area has been identified and the CDBG funds (through the Seminole County Community Development Division) are available for this work; and WHEREAS the ENGINEER is intimately familiar with and qualified for this project work and has experience on the City's sewer system including lift station modeling and sewer distribution system design and permitting, and has personnel and capabilities to perform the designated services; and NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree as follows: 1.1 1.1.1 1.1.2 SECTION 1 General Introduction This Amendment work is to generally provide for engineering services for the design and permitting of a lift station and sewer extension in the Goldsboro area. The sewer will extend along 19th Street from Peach Avenue to Tangerine Avenue, along Roosevelt Avenue from 16th Street to 19th Street, and along 18th Street from Roosevelt Avenue to Southwest Road. Additionally, the sewer will be extended to the first house at the south end of Merthie Drive, and along Pear Avenue and Tangerine Avenue between 18th Street and 19~h Street. The total length of sewer extensions associated with this project is approximately 3300 linear feet. The proposed lift station site will be on the south side of 19th Street, at the Merthie Drive intersection, and will be located on the City's borrow pit pond site. Attached as Exhibit "B" is a map of the proposed lift station location and sewer extension. Electrical, surveying and geotechnical subconsultant services are included. The electrical subconsultant services consist of the lift station electrical and controls design. The route survey for the project has been previously provided and will be used for this project. The surveying services for this phase consist of the preparation of a sketch of description for the lift station site, which would be needed for the purpose of establishing a utility easement on the City's existing pond site. The geotechnical investigations consist of drilling soil borings at the lift station site and at a number of locations along the sewer route to assess soil and groundwater conditions. 1.1.3 Additional subconsultant services including land acquisition, title searches, boundary surveys, preparation of legal descriptions or sketches of description other than the lift station site, environmental assessments (including wetlands, surface water, or hazardous material surveys) are not included. If these services are subsequently 2 determined advisable during the course of work, they may be considered for authorization as an additional service under Section 3 of this Amendment or separately provided by the CITY or consultants employed directly by the CITY. 2.1 2.1.1 2.1.2. 2.1.4 2,2 2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 2.2.6 2.2.7 SECTION 2 Scope of Services General Description The ENGINEER agrees to perform professional engineering services in connection with the project as hereinafter stated. The ENGINEER will serve as the CITY's professional engineering representative in those phases of the project to which this Scope of Services applies, and will give consultation and advice to the CITY during the performance of his services. Attached as Exhibit "A" to this Amendment is a manhour breakdown for the project Scope of Services. Final Design The ENGINEER will attend kick-off meeting with City staff, review route, available information. The ENGINEER will prepare monthly progress reports during design phase (8 months). The ENGINEER will prepare 30% drawings (utilizing survey and existing drawings) showing proposed route. The ENGINEER will prepare 60% drawings (utilizing survey and existing drawings) showing proposed route, proposed lift station layout, valves, and connections. The ENGINEER will prepare an Opinion of Probable Construction Cost based on the 60% design. The ENGINEER will meet with City staff and review the 60% drawings. (The CITY will invite Seminole County Community Development representatives to attend this meeting). The ENGINEER will prepare 90% construction plans for the project (total length of 3300 linear feet), which will consist of the following: A. Cover Sheet B. Summary of Quantities C. Key Sheet and General Notes D. Plan and Profile (8 sheets) - 1" = 20' Scale E. Utility Details (2 Sheets) 3 2.2.9 2.2.10 2.2.11 2.2.12 2.2.13 2.2.14 2.2.15 2.2.16 F. Lift Station Site Plan G. Lift Station Details H. Lift Station Electrical Plan and Details The ENGINEER will prepare utility specifications. The ENGINEER will meet with City staff and review the 90% drawings. (The CITY will invite Seminole County Community Development representatives to attend this meeting). The ENGINEER will prepare permit applications for construction authorization from FDEP. The CITY will pay for the associated permit application fees. The ENGINEER will assist City with analysis of future utility extensions in project area. The ENGINEER will update the previously prepared Opinion of Probable Construction Cost based on the final plans. The ENGINEER will modify plans as necessary based on CiTY and regulatory agency review. The ENGINEER will prepare the Project Manual, consisting of bidding requirements, contract documents, and specifications. The ENGINEER will submit 3 sets of 100% plans and project manual to the CITY. 3.1 3.1.1 3.1.2 SECTION 3 Additional Services of the ENGINEER 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. Additional services due to major 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. Provide through subconsultants, surveying, geotechnical testing; wetland identification and preparation of mitigation plans; land acquisition boundary surveys, title searches, preparation of legal descriptions or sketches of description; or other specialist services including real estate or right-of-way agents, project or construction management, financial or budgetary consultants, and bookkeeping or accounting services. If these services are subsequently determined advisable during the course of work, they may be considered for authorization as an additional service under this section or separately provided by the CITY. 4 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 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. Additional services resulting from public protests, administrative hearings, or similar matters. 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. Furnishing additional sets of prints of drawings and other Documents beyond those designated in Section 2. 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. Johns River Water Management District, Corps of Engineers, Seminole County, FDOT, or other regulatory agency requirements or revisions necessary due to changes in the Road Improvement Plans. 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. Construction Engineering and Inspection Services shall be provided under separate authorization. SECTION 4 CITY Responsibilities 4.1 The CITY will: 4.1.1 4.1.2 4.1.3 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. 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. 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. 4.1.4 Make facilities accessible for inspection. 5 4.1.5 4.1.6 4.1.7 4.1.8 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. 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. 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. 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. Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.1.4 If SECTION 5 Payment General Payment Provisions Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Standard classification billing rates for all classifications of employees directly engaged on the project, times the numbers of hours worked on the project. The engineering fee for the services described herein is estimated to be $34,473.00, inclusive of out-of-pocket expenses. Invoices will be submitted periodically, indicating the hours expended during that billing cycle. 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. Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of $1200.00 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 5.1.1). 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 5.1.1 and 5.1.2 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, 6 upon termination, the ENGINEER shall be paid for any additional services authorized and rendered under Section 3. 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 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 WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. (ATTEST & SEAL) ,~net Dougherty - (~A4j Clerk CITY: (~EST & SEAL)~' X,~ Linda M. Gardner, Secretary/Treasurer ENGINEER: CPH En~gineers, Inc. David A. Gierach, P.E. - President 7 J ;\S0650\wor d\C ont\Roose'celt Ave, - 19th Street ViCinity Sev,~r and Lift Station Phase ILdoc EXHIBIT "A" SCOPE OF SERVICES TIME AND COST ESTIMATE ESTIMATEL TASK NO. DESCRIPTION P E T D S EXPENSE-~ Attend kick-off meeting with City staff, review route, available information; prepare monthly progress reports; prepare 30% drawings (utilizing survey and existing .1 drawings) showing proposed route. 2 5 10 23 2 $50.00 Prepare 60% drawings (utilizing survey and existing drawings) showing proposed route valves, and connections; proposed lift station, prepare monthly progress reports; 3repare Opinion of Probable Construction Cost; meet with City staff and review 60% 2 drawings. 2 12 20 50 4 $65.0( Prepare 90% construction plans (3300 ,near feet sewer route and lift station); Utility specifications; prepare monthly progress reports; Review 90% plans and specifications with City staff; fill out FDEP )ermit applications and submit applications; assist City with analysis of future utility extensions in proiect area 6 35 55 140 10 $100.00 Update previously prepared opinion of ~robable construction based on 90% plans; Revise plans based on City review and regulatory agency review;Prepare Project Manual (Front end contract documents and specifications); submit 3 sets of 100% plans 4 and Project Manual to City 1 10 13 19 4 $135.0( TOTAL 11 62 98 232 20 $350.00 Sub-total (Based on Standard BillingRates) Reimbursed Expenses Electrical Consultant (Lift Station) Survey Consultant (Sketch of Description - Lift Station Site) Geotechnical Consultant (Soils Report - Lift Station and Sewer Route) TOTAL $28,273.00 $350.00 $2,50O.O0 $350.00 $3,000.00 $34,473.00 j:\s0650.01\word\cont\Roosevelt Ave. - 19th Street Sewer and Lift Station - Phase II.xls 12/05/2002 2:21 PM