301-CPH-Amendment 70 AMENDMENT NO. 70
AGREEMENT FOR CONTINUING SERVICES
FOR
DESIGN PHASE
ENGINEERING SERVICES
CLOUD BRANCH DRAINAGE IMPROVEMENTS
(PHASE 1 - POND 5 AND CULVERT CROSSINGS)
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the /~ ~' day of , ~'~ between the City of
Sanford, Florida (hereinafter called CITY) and 'CPH Engineers, Inc. (hereinafter called
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 Mill Creek and Cloud Branch Preliminary Improvement Plans were prepared in 1992
for the CITY by the ENGINEER; and
WHEREAS the CITY has secured CDBG funds (through the Seminole County Community
Development Division) for the final design and permitting of a portion of the Cloud Branch
Improvements; and
WHEREAS the ENGINEER is intimately familiar with and qualified for this project work and has
experience on the CITY's overall stormwater infrastructure design including hydraulic modeling
and permitting, and has the personnel and capabilities to perform the designated services;
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 final
design and permitting of a portion of the drainage improvements in the Cloud Branch
Drainage Basin as shown in the Mill Creek and Cloud Branch Preliminary
Improvement Plans, which were prepared for the CITY in 1992. The Cloud Branch
Improvements identified in the Preliminary Plans consisted of the construction of four
stormwater detention ponds, in order to improve localized flooding in the basin. The
four ponds were identified (from upstream to downstream) as: Pond 6 (Pinehurst
Park Pond), Pond 5 (near the Lake Ave. 13th Street intersection), Pond 4B (Coastline
Park Pond), and Pond 4A (at the Railroad, near the north end of Poplar Avenue). To
date, only Pond 6 (Pinehurst Park Pond) has been designed, permitted, and
constructed. This Amendment is for the final design and permitting of Pond 5, and
also includes culvert removal and replacement of undersized structures between the
Pinehurst Park Pond and Pond 5. These structures are located at 20th Street, 19th
Place, 16th Street, Roundtree Street, and the Lake Avenue culvert crossing south of
13th Street, as identified in the Preliminary Plans. Exhibit A contains an overall aerial
showing the work proposed to be conducted under this Agreement, and the
orientation of the existing and future ponds.
The services to be conducted by the ENGINEER under this amendment also include
surveying the Pond 5 site (approximately 2.1 acres), surveying approximately 4300
linear feet of existing ditch between Pinehurst Park and 12th Street, and surveying
approximately 3450 linear feet of existing storm sewer along the railroad from the
Elm Street / 13~h Street intersection to east of the Poplar Avenue / 11th Street
intersection. Preparation of Sketches of Description for up to three pond acquisition
parcels is also included. The purpose of the ditch surveying is to provide the CITY
with a drawing CITY personnel can use to identify maintenance needs (ditch
cleanout and / or re-grading areas). The purpose of the railroad storm sewer survey
is to verify pipe size and location in an area where storm sewer sizing is unknown.
2
1.1.3
1.1.4
Once the storm sewer survey is completed, problem areas and potential solutions
can be identified to the CITY. This Amendment, however, does not include design
and permitting for the railroad / 13th Street storm sewer system, which could be
conducted as an additional service.
Environmental and geotechnical subconsultant services are included. The
geotechnical investigations consist of drilling soil borings at a number of locations at
the pond site and culvert crossings. The environmentalist services include wetland
and surface water permitting assistance, including preparation of a mitigation plan (if
needed) for Pond 5 and the culvert crossings.
Additional subconsultant services including land acquisition title searches, boundary
surveys, environmental assessments (including hazardous material surveys) are not
included. If these services are subsequently 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
2.1.3
2.2
2.2.1
2.2.2
2.2.3
2.2.4
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 "B" to this Amendment is a manhour breakdown for the project
Scope of Services.
Final Design
The ENGINEER will attend a kick-off meeting with City staff to review the proposed
construction and available information.
The ENGINEER will survey approximately 4300 linear feet of existing ditch from
Pinehurst Park to 12th Street.
The ENGINEER will survey approximately 3450 feet of existing storm sewer along
railroad from the Elm Street/13th Street Intersection to the ditch east of the Poplar
Avenue / 11th Street Intersection
The ENGINEER will survey approximately 1000 feet of Lake Avenue PJW from
approx. 750 feet south of 13th Street to 12th Street.
3
2.2.5
2.2.6
2.2.7
2.2.8
2.2.9
2.2.10
2.2.11
2.2.12
2.2.13
2.2.14
2.2.15
2.2.16
The ENGINEER will identify parcels for acquisition for Pond 5, and will attend
coordination meetings with City staff, property owners (up to 3 acquisition parcels,
total of 3 meetings).
The ENGINEER will survey the Pond 5 Site (approximately 2.1 acres) and the 14th
St. / Williams St. / Roundtree St. intersection.
The ENGINEER will provide Sketches of Description for up to 3 acquisition parcels
The ENGINEER will obtain from Geotechnical Subconsultant culvert crossing soil
and groundwater information and construction recommendations
The ENGINEER will prepare weekly progress reports during design phase
(approximately 16 weeks)
The ENGINEER will update the existing Mill Creek / Cloud Branch hydraulic model to
reflect proposed culvert crossings and new Pond 5, and will model the system to
verify pipe sizes and improvements shown in the Mill Creek and Cloud Branch
Preliminary Improvement Plans
The ENGINEER will Prepare 60% drawings showing proposed culvert crossings and
new Pond 5
The ENGINEER will meet with CITY staff and review the 60% drawings.
The ENGINEER will prepare 90% construction plans consisting of:
A. Cover Sheet
B. Summary of Quantities
C. Key Sheet and General Notes
D. Plan and Profile - Pond Outfall (2 sheets) - 1" = 30' Scale
E. Plan and Profile - N. Side of Lake Avenue to Pond 5 (1 sheet) - 1" = 30' Scale
F. Pond Outfall Cross Sections (1 every 200', 1 sheet total)
G. Culvert Crossing sections and Details (Crossings at Lake, Roundtree St, 16th St.,
19th PI., and 20~ St.) - 2 Sheets
H. General Details (1 Sheet)
I. Utility Details (1 sheet)
The ENGINEER will prepare an Opinion of Probable Construction Cost based on
90% plans.
The ENGINEER will fill out the St. Johns River Water Management District
(SJRWMD) permit application, and will prepare hydraulic calculations and report, and
will submit these along with the 90% plans to the SJRWMD. The CITY will pay for
the associated permit application fees.
The ENGINEER will prepare the Project Manual, consisting of bidding requirements,
contract documents, and specifications.
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2.2.17
2.2.18
2.2.19
The ENGINEER will revise the plans and Project Manual as necessary based on
CITY and regulatory agency review.
The ENGINEER will update the previously prepared Opinion of Probable
Construction Cost based on the final plans.
The ENGINEER will submit 3 sets of 100% plans and project manual to the CITY.
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
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 land acquisition boundary surveys, title searches, 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.
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.
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3.1.8
3.1.9
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.
Bidding and Construction Engineering and Inspection Services shall be provided
under separate authorization,
4.1
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
SECTION 4
CITY Responsibilities
The CITY will:
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.
Make facilities accessible for inspection.
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.
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5.1
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
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 $79,974.00
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).
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
5.1.1 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, upon termination, the ENGINEER shall be paid for any additional services
authorized and rendered under Section 3.
6.1
6.2
SECTION 6
General Conditions
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.
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
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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)
~l~net Dougherty - City (~(erk (J
CITY:
Bra~'y Lessard - I~ay~ '
Jc~TE~ST & SEAL)
L'ifida M. Gardner, S~cretary/Treasurer
ENGINEER:
CPH En.~neers, Inc.
David A. Gierach, P.E. - President
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