205-CPH-Amendment 69 AMENDMENT NO. 69
TO
AGREEMENT FOR CONTINUING SERVICES
FOR THE RECLAIMED WATER MAIN EXTENSIONS ON
PALMETTO AVE., VALENCIA COURT & WOODFIELD DR.
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the/~'-~ day o~st-o].. ,2003 between the CITY
OF SANFORD, FLORIDA (hereinafter called the CIT'~ and CPH ENGINEERS, INC.
(hereinafter called 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.
Page 1 of 9
SECTION 1
PURPOSE OF AMENDMENT
1.1
Introduction
The City of Sanford lies within the St. Johns River Water Management Districts
(SJRWMD) '~Vater Conservation Area". 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 SJRWMD is firmly committed to assisting water users in
maximizing their use of reclaimed water, since the use of reclaimed water for
irrigation purposes reduces the need for "high quality" groundwater resources
(potable water). Through the Strategic Reclaimed Water Assistance Cost-
Sharing Program, the City will receive financial assistance from SJRWMD for the
planning and design costs associated with the extension of the reclaimed water
distribution system into three new areas within the City. These include
extensions along Palmetto Avenue, Woodfield Drive and Valencia Court /
Mellonville Avenue / Montezuma Street. The proposed reclaimed water main
extensions in these areas are presented in the attachments at the end of this
proposal.
The extension of the reclaimed water distribution system along Palmetto Avenue
will serve 57 potential users (lots) through the installation of approximately 3,200
LF of 4" RWM. The extension along Woodfield Drive will serve another 57
potential users, and will include approximately 2,000 LF of 4" and 1,000 LF of 2"
RWM. Sixty (60) potential users will be served by the extension along
Montezuma Street, Mellonville Avenue & Valencia Court, which will consist of
approximately 1,900 LF of 6" and 500 LF of 4" RWM. CPH Engineers, Inc. will
provide the following professional engineering services with regard to the
proposed reclaimed water system extensions, in accordance with the Rules and
Regulations of the State of Florida and FDEP:
Professional Surveying Services for the reclaimed water line extensions
along Palmetto Avenue, Woodfield Drive and Valencia Court / Mellonville
Avenue / Montezuma Street (up to a maximum of 8,600 linear feet);
Page 2 of 9
Professional Engineering Services for the design of the reclaimed water
line extensions along Palmetto Avenue, Woodfield Drive and Valencia
Court / Mellonville Avenue / Montezuma Street. (up to a maximum of
8,600 linear feet).
Professional Engineering Services during the construction of said
reclaimed water distribution system improvements (limited inspection
services).
SECTION 2
PROFESSIONAL ENGINEERING SERVICES
2.1
Professional Enflineerin.q Services
Under this Agreement, the ENGINEER shall provide the following professional
engineering services for the reclaimed water line extensions along Palmetto
Avenue, Woodfield Drive and Valencia Court / Mellonville Avenue / Montezuma
Street (up to a maximum of 8,600 linear feet). The specific services are as
follows:
2.1.1 Meetinq with the City to determine the location and limits of the RWl
Extensions
Meeting with the Utility Director and Project Administrator to determine
the exact location(s) of the proposed reclaimed water main extensions
with respect to maximum serviceability to new customers and project
budget.
2.1.2 Professional Surveyin.q Services for the Reclaimed Water Line Extensions
Professional surveying services shall be provided by the Engineer along
the proposed reclaimed water line extension routes to be used as a base
for the engineering design of the system expansion.
Page 3 of 9
2.1.3 Professional Enqineerin.q Services for the Desi.qn of the RWL Extension=;
Civil and Environmental Engineering Design and Permitting of the
proposed reclaimed water line extensions in accordance with the rules
and regulations of the State of Florida and the Florida Department of
Environmental Protection.
2.1.4 Professional En.qineerinq Services Durinq the Biddin.q & Contract Award
Assist the City during bidding, prepare written responses to bidder's
questions, review bid packages and make recommendations to the City to
award the construction contract.
2.1.5 Construction Enqineerin.q and "Limited" Inspection (CEI) Servicen
Provide construction administration services to include attendance at the
pre-construction conference; review of shop drawings, pay requests and
change order requests; attend substantial and final completion
inspections; prepare certification of completion and submit to FDEP; and
assemble close out documents from the contractor and submit to the City.
The Engineer will provide "limited" construction inspection services to
ensure that the proper materials have been supplied and that the RWL
extension is being constructed as designed and permitted.
SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1
3.2,
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.
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.
Page 4 of 9
3,4,
3,5,
3,6,
3,7,
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,
additional meeting with the regulatory agencies 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.
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.
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:
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.
Bo
Obtain and provide data requested that is reasonably available on the
Project.
Page 5 of 9
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 all treatment facilities and associated sites 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.
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.
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.
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.
Page 6 of 9
SECTION 5
PAYMENT
5.3
5.4
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:
Professional Surveying Services for the Project
Civil & Environmental Engineering Professional Services
associated with the Design & Bidding of the RWL Extension
Construction Engineering & Inspection (CEI) Services,
including "limited" inspection
$22,880.00
$16,730.00
$8,590.00
TOTAL: $48,200.00
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.
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).
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.
Page 7 of 9
SECTION 6
GENERAL CONDITIONS
6.2.
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.
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.
Page 8 of 9
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
DATE
TITLE
ATTEST & SEAL
DATE
ENGINEER:
CPH Engineers, Inc.
Benjamin M. Fries,
David A. Gierach, President
Page 9 of 9
ST
PrOject
CITY OF SANFORD
RECLAIMED WATER LINE EXTENSION FOR PALMElq;O & ELM AVENUE
NORTH
-- -- CELERY AV--.
Cl
in_ reclaimed lin~
/
Proposed
4 In, reclaimedL~__~l
~ J
NORTH_ "
Proposed Ii i ~ f'~ ~
6 in. reclaimed_ ' J P ~
Water main P~NDOLPH ST
City of Sanford
RECLAIMED WATER LINE EXTENSION FOR VALENCIA COURT
1995.1996
AWS Gront
7-1998
AWS Grant
Proiect
City of Sanford
RECLAIMED WATER LINE EXTENSION FOR GROVEVIEW SUBDIVISION
April 11, 2003
Mr. William Marcous
Utilities Administration
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
CPH Engineers, inc.
500 West Fulton Street
Sanford, Florida 32771
P,O. Box 2808
Sanford, FL 32772-2808
Phone: 407-322-6841
Fax: 407-330-0639
www.cphengineers,corn
Re;
Proposal for Engineering and Surveying Services
For the Reclaimed Water Main Extension on
Palmetto Ave., Valencia Court & Woodfield Dr.
CPH Project No. Z6582
Dear Bill:
With this letter, we are forwarding for the City's review two (2) copies of proposed Amendment
No. 69 for Professional Engineering Services and Professional Surveying Services for the
Reclaimed Water Main Extensions on Palmetto Ave., Valencia Court and Woodfield Dr.
Please do not hesitate to call if there are any questions or if additional information is needed. If
the Amendment is agreeable, please return one executed copy for our records.
We look forward to working with the City on this important project to extend reclaimed water
service to new areas.
Sincerely,
CPH ENGINEERS, INC.
Project Manager
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