301-CPH-Amendment 72 (2) AMENDMENT NO. 72
AGREEMENT FOR CONTINUING SERVICES
FOR
ENGINEERING SERVICES
DOWNTOWN DRAINAGE STUDY
(PLANNING PHASE)
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the ~_-~v.~. dayof .~.-- ,~-~ between the City of
Sanford, Florida (hereinafter called CITY) aiad 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 the CITY has expressed a desire to develop a short term and long term stormwater
improvement plan for Sanford; and
WHEREAS the ENGINEER has assisted CITY in securing funding sources to help pay for some
of the stormwater improvement planning and construction costs; and
WHEREAS the State Revolving Fund (SRF) loan program requires submittal of a Stormwater
Facility Plan identifying proposed improvements, costs, and construction schedule; and
WHEREAS the ENGINEER has modeled drainage basins throughout the CITY and has
extensive knowledge and experience with the stormwater infrastructure including the Mill Creek
and Cloud Branch Drainage Basins, and downtown drainage studies associated with the Locust
Avenue drainage basin and 2nd Street storm sewer interceptor; and
WHEREAS the ENGINEER has extensive experience in the preparation of Facility Plans and
applying for loans under the SRF program, including water and sewer SRF loans for the CITY's
utilities; 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
1.1.3
SECTION 1
General
Introduoflon
This Amendment work is to generally provide for engineering services for the
planning phase of the drainage improvements to be included in the SRF Stormwater
Facilities Plan.
The primary purpose of this project is to identify known drainage problem areas and
to present the CITY with recommended stormwater improvements, estimate costs for
these improvements, identify the improvements on aerial map(s), and develop a
priority list of the proposed improvements. Generally, the primary focus of this
project is the assessment of known drainage problems in the area extending from
Airport Boulevard west to approximately 2200-ft east of Mellonville Avenue, and from
25 Street north to Lake Monroe, as shown on the attached Exhibit A.
As part of this project, the ENGINEER will also assist the CITY with the formulation
of a Strategic Stormwater Utility Business Plan (SSUBP). The SSUBP will address
the financial integrity and strength of the CITY's stormwater utility, provide planning
for area growth (new stormwater infrastructure), and provide a plan for maintenance
of the existing infrastructure.
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1.1.4
1.1.5
Aerial photogrammetric subconsultant services are included. This subconsultant will
prepare aerial photos (to scale) with 1 -ft contour elevations of the portion of the CITY
extending from Airport Blvd. to approximately 2200' east of Mellonville Avenue, and
from 25th St. north to Lake Monroe. Although the CITY has contour maps of this
area, the contour elevations are every 2-ft instead of the proposed every 1 -ft. Some
of the known pocketed Iow lying downtown areas are not evident on these maps,
calling into question the accuracy of the maps. The new aerials with 1-ft contours
will be provided in an electronic format that can be utilized not only for this project,
but other projects located within the limits of the aerial photos (for example, roadway
and utility projects could use the topographic aerials for a base map for design and
construction).
Additional subconsultant services including geotechnical, 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
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.
Stormwater Planning
The ENGINEER will obtain copies of and review existing drainage studies including
Lake Monroe Drainage Basin Study, Lake Jessup Drainage Basin Study, Midway
Drainage Basin Study, Downtown Stormwater Master Plan, and Mill Creek and
Cloud Branch Drainage Basin Study.
The ENGINEER will obtain from the CITY a list identifying all problem drainage areas
prioritized by severity. The ENGINEER will also, based on his knowledge, prepare
list of problem drainage areas, and will prepare map (using an aerial base) showing
problem areas and locations.
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2.2.3
2.2.4
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
The ENGINEER will attend a City Commission meeting and present map of drainage
problem areas in order to receive Commission input regarding the list and
prioritization of problem areas.
During the Planning phase, the ENGINEER will submit monthly progress reports to
CITY.
The ENGINEER will establish survey horizontal and vertical control in study area (as
depicted in Exhibit "A") to be used by aerial photogrammetric company to generate
aerials with 1' contour elevations.
The ENGINEER will obtain aerials with 1' contour elevations from an aerial contour
mapping subconsultant. The aerials with contours will extend from Airport Blvd. to
approximately 2200' east of Mellonville Avenue, and from 25th St. north to Lake
Monroe. Existing storm ponds will be identified with actual, normal and season high
design elevations.
The ENGINEER will add to the map storm sewer data as shown on the 1976 Sanford
Sewer Maps.
The ENGINEER will survey to pick up storm sewer elevations and sizing not shown
on the 1976 Sanford Sewer maps in the Downtown Area.
The ENGINEER will conduct field reviews of Downtown Area to verify survey findings
and refine analysis of drainage deficiencies.
The ENGINEER will identify basins and sub-basins in the Downtown Area. For the
purposes of establishing basins and sub-basins, the Downtown Area is defined as
areas east of 17-92 to approximately 2200' east of Mellonville Avenue, and from 25th
St. north to Lake Monroe.
The ENGINEER will conduct surveying as needed of the problem areas located west
of 17-92, east of Airport Boulevard, north of CR 46A.
Based on review of drainage basin studies of areas outside the Downtown Area
(Lake Monroe, Lake Jessup, and Midway drainage studies by Seminole County, and
Airport Drainage basin Study by the Airport Authority), and the Mill Creek and Cloud
Branch studies previously prepared for the CITY, the ENGINEER will summarize
findings to CITY and identify problem areas. The ENGINEER will also help the CITY
assess whether the problem areas are appropriately addressed by County and
Airport Authority or whether CITY needs to also provide improvements in these
areas.
The ENGINEER will conduct hydraulic modeling of the existing stormwater collection
system in the Downtown Area and the identified problem areas between Airport Blvd.
and 17-92 to evaluate existing pipe sizing and inlet locations, with emphasis on
evaluating the problem areas identified in paragraph 2.2.3.
2.2.14
Based on modeling, the ENGINEER will determine recommended pipe sizing and
inlet locations based on a 10 year 24 hour storm.
2.2.15
The ENGINEER will provide to CITY results of hydraulic modeling and list of
recommended stormwater collection system improvements, and will review findings
with CITY staff.
2.2.16
The ENGINEER will prepare a preliminary opinion of probable construction costs for
improvements.
2.2.17
With CITY input, the ENGINEER will prepare priority list based on need and costs,
and formulate 5 year and 10 year improvement plan for Downtown Areas and other
areas where drainage problems and recommended improvements have been
identified.
2.2.18
The ENGINEER will attend a City Commission meeting and present list of
proposed improvements, aerial showing locations of improvements, preliminary
opinion of probable construction costs, and 5 and 10 year plan, and will receive
Commission input regarding the list and prioritization of improvements.
2.2.19
The ENGINEER will prepare a Stormwater Facility Plan that includes findings based
on the analysis of the Downtown Area, summarizes recommended improvements in
areas outside the Downtown Area (based on previous studies and review of problem
areas), and 5 and 10-year improvement plan and estimated costs.
2.2.20
The ENGINEER will Submit Draft Stormwater Facility Plan to CITY to review and will
revise the plan based on CITY comments.
2.2.21
The ENGINEER will submit, on behalf of the CITY, the Stormwater Facility Plan to
the Florida Department of Environmental Protection (FDEP).
2.2.22
The ENGINEER will, along with CITY staff, meet with the St. Johns River Water
Management District (SJRWMD) staff to discuss the Facility plan and master
permitting requirements.
2.2.23
The ENGINEER will submit stormwater calculations and Preliminary Construction
Plans (showing 5 year improvements) to SJRWMD for permitting.
2.2.24
The ENGINEER will revise plans if necessary and respond to SJRWMD if additional
information is requested.
2.2.25
The ENGINEER will prepare a Strategic Stormwater Utility Business Plan (SSUBP).
The purpose of the SSUBP is to address the financial integrity and strength of the
CITY's stormwater utility, provide planning for area growth (new stormwater
infrastructure), and for maintenance of the existing infrastructure.
2.2.26
The ENGINEER will prepare a Final Engineering Report to the CITY, containing a
table summarizing recommended improvements, color photographs of each problem
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area, 11" x 17" conceptual sketches of recommended improvements, and parcel
based exhibits depicting approximate location of the identified problem areas. The
ENGINEER will utilize a GI$ Base Map and to the extent feasible, show all data in
the GIS Map. The ENGINEER will provide all data in an electronic format and
provide training and a GIS Operating Instruction Section in the Engineering Report.
2.2.27
Improvements will be classified as follows:
Category 1
Category 2
Category 3
Maintenance Related Improvement Program
Structural Improvement Program
Non-Structural Improvement Program
Category 1: Maintenance Related improvements are considered "minor' and are
assumed to be completed by CITY staff. Category I consists of inlet/manhole
rehabilitation; point joint cleaning and sealing; pipe desilting; pavement
rehabilitation; shoulder rehabilitation; guard rail repairs; tree and landscaping
improvements pavement markings; and miscellaneous improvements (e.g.,
resodding, fence repair, sidewalk repair, etc.).
Category 2: Structural improvements are considered more substantial and are
assumed to be completed by an outside contractor. Category 2 improvements
can also involve inlet/manhole rehabilitation as well as inlet/manhole
replacement; inlet/manhole addition; pipe rehabilitation; pipe removal and
replacement pipe addition; and miscellaneous structural improvements (e.g.,
paved shoulders).
Category 3: Non-structural improvements are necessary to further evaluate the
identified problem area and usually involve a "small area study or an internal
visual inspection program via a closed-circuit television.
Subcategories will be utilized to group common maintenance or repair items and GIS
icons will be utilized to further identify the items on the GIS Map.
Because of the nature of this assignment (i.e., windshield/drive-by inspections), it is
anticipated that the majority of the Uobserved" problem areas will fall into Category 1.
Unless specifically pointed out by the City Stormwater Staff, the manhours budgeted
will not allow for in-depth reviews of below-ground problems that typically fall within
Category 2. However, if the staff point out problem areas that are not "minor" in
nature, the ENGINEER will investigate and assign the appropriate category and an
approximate cost.
In order to accomplish the goals of this pilot study program, the ENGINEER shall
perform the following tasks:
Physically identify and inspect the known and observed problem areas within the
study area;
Produce parcel based exhibits depicting the approximate location of the identified
problem areas;
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3,1
3.1.1
3,1.2
3,1.3
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
Develop recommended solutions, establish the approximate costs, and prepare
conceptual sketches; and
Prepare an engineering report which provides a brief description of the three (3)
categories and summarizes the problem areas and improvements in tabular
format.
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, 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.
Preparing detailed route surveys.
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.
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.
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3.1.9 Final Design and permitting, 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 ail 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, including opening of manholes if needed to
survey pipeline inverts and sizing.
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.
SECTION 5
Payment
5.1 General Payment Provisions
5.1.1 Compensation paid ENGINEER for services described herein and rendered by
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5.1.2
5.1.3
5.1.4
5.1.5
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 shall not exceed $300,994.00,
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
6.3
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
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.
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
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Project is completed.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day
and year first above written.
(ATTEST & SEAL)
,Jar~t Dou~herty - City Cle~.k'//
CITY:
City'0{,-$an/~j~d, Florida
~ir{da M. Gardner, Secretary/Treasurer
ENGINEER:
CPH Engineers, Inc.
David A. Gierach, P.E. - President
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