301-CPH-Amendment 78-83 AMENDMENT NO. 78-83
AGREEMENT FOR CONTINUING SERVICES
FOR
PRELIMINARY DESIGN PHASE
ENGINEERING SERVICES
SR 46 BRIDGE AND U.S.17-92
UTILITY RELOCATIONS
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the ,~1' day of ¢'~-r~_~ .~,~,-/ between the City of
Sanford, Florida (hereinafter called CITY) and CI~-I 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.
J:\S0668/contract/SR 46 Bridge + US 17-92 Proposal doc
WHEREAS the FDOT is proposing removal and replacement of the existing SR 46 bridge
across Lake Jesup and construction of a new I-4 off ramp at U.S. 17-92 and;
WHEREAS the CITY has an existing reclaimed water main attached to the existing SR
46 bridge at Lake Jesup; and
WHEREAS the CITY has an existing reclaimed water main along the north side of U.S. 17-92 at
the I-4 overpass; and
WHEREAS the FDOT requires relocation of the existing CITY utilities at the bridge crossing and
at U.S. 17-92; and
WHEREAS the ENGINEER is intimately familiar with and qualified for this project work and has
experience on utility relocation coordination with FDOT and is intimately familiar with the CITY's
utilities at the two locations 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
Introduction
This Amendment work is to generally provide for preliminary design phase
engineering services for the relocation of existing utilities at the SR 46 Bridge at Lake
Jesup and the I-4 eastbound off ramp at U.S. 17-92.
The services to be conducted by the ENGINEER under this amendment are
preliminary in nature and include attending utility coordination meetings with FDOT
and its consultants, meeting with the U.S. Army Corps of Engineers (USACE) and St.
Johns River Water Management District (SJRWMD) to discuss permitting
requirements, preparing preliminary relocation drawings (plan view), preliminary
opinions of probable construction costs, and preliminary schedules.
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.
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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
2.2.5
2.2.6
2.2.7
2.2.8
2.2.9
SECTION 2
Scope of Services
General Description
The ENGINEER agrees to perform preliminary design phase 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.
Preliminary Design - SR 46 Bridge Reclaimed Water Main Relocation
The ENGINEER will attend up to four (4) coordination meetings with FDOT staff /
consultants and CITY Staff, prepare meeting notes and distribute notes to CITY.
The ENGINEER will prepare preliminary utility relocation drawings. These drawings
will be plan view drawings utilizing drawing base(s) provided by FDOT or the FDOT
consultant, and will be general in nature to show the route of the proposed reclaimed
water main and the limits of removal/abandonment of the existing reclaimed water
main.
The ENGINEER will prepare a preliminary utility relocation schedule as required by
FDOT.
The ENGINEER will prepare preliminary opinion of probable construction cost based
on the preliminary drawings.
The ENGINEER will review preliminary drawings, schedule, and costs with City staff.
The ENGINEER will submit the preliminary drawings and schedule to FDOT, attend
a review meeting with FDOT and CITY staff.
The ENGINEER will make minor revisions to preliminary plans and schedule as
result of review meetings.
The ENGINEER will attend up to one (1) meeting each with representatives of
USACE and SJRWMD regarding the proposed relocation and environmental
permitting. Representing the ENGINEER at these meetings will be its environmental
scientist. These meetings are anticipated to be field meetings in order to review
proposed work areas and determine permitting requirements.
The ENGINEER will update the plans, schedule, and preliminary opinion of probable
construction cost, and submit these revised items to the FDOT and CITY.
3
2.3
2.3.1
2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
2.3.7
Preliminary Design - U.S. 17-92 Utility Relocations at I-4 Off Ramp
The ENGINEER will prepare preliminary utility relocation drawings. These drawings
will be plan view drawings utilizing drawing base(s) provided by FDOT or the FDOT
consultant, and will be general in nature to show the locations of the proposed
reclaimed water main relocations.
The ENGINEER will prepare a preliminary utility relocation schedule as required by
FDOT.
The ENGINEER will prepare preliminary opinion of probable construction cost based
on the preliminary drawings.
The ENGINEER will review preliminary drawings, schedule, and costs with City staff.
The ENGINEER will submit the preliminary drawings and schedule to FDOT
Consultant, attend a review meeting with FDOT Consultant and CITY staff.
The ENGINEER will make minor revisions to preliminary plans and schedule as
result of review meetings.
The ENGINEER will update the plans, schedule, and preliminary opinion of probable
construction cost, and submit these revised items to the FDOT and CITY.
3.1
3.1.1
3.1.2
3.1.3
3.1.4
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 topographic and land acquisition boundary surveys.
Provide through subconsultants geotechnical subsurface investigations, 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.
The ENGINEER will provide limited environmental scientist services defined in 2.2.8.
These services do not include wetland mapping or preparation of mitigation plans
since the ENGINEER is relying on wetland determinations and mitigation plans
4
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3.1.5
3.1.6
3.1.7
3.1.8
3.1.9
3.1.10
3.1.11
prepared by FDOT's consultants for the FDOT bridge removal and construction. If
found to be necessary, ENGINEER could provide additional environmental scientist
services including wetland jurisdictional determinations, plant surveys, protected
species surveys, and preparation of mitigation plans.
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.
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.
Final Design, 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
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
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
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.
5.1
5.1.1
5.1.2
5.1.3
5.1.4
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 $18,685.00
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).
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5.1.5
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.
SECTION 6
General Conditions
6.1
6.2
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.
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)
~,- City Clerk'~
~Lin~la M Gardne?, Secretary/Treasurer
CITY:
City oc.,f~a n ford[.
ieshaber, Jr. - City M~r'
ENGINEER:
CPH En(~ineers, Inc.
[~avid A. Gierach, P.E. - President
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7
EXHIBIT "A"
PLAN OF STUDY
TIME AND COST ESTIMATE
PRELIMINARY DESIGN PHASE ENGINEERING SERVICES
SR 46 BRIDGE AND U.S. 17-92 UTILITY RELOCATIONS
:: KIoEsCRIPT'O" I PIE I T lES I O J S J .T,MATED
SR 46 BRIDGE RECLAIMED WATER MAIN RELOCATION EXPENS~
2.2.1 Attend Up to Four (4) coordination meetings with FDOT
staff / consultants and City Staff, prepare meeting notes
and distribute notes to City 2 24 10 4 $75.00
2.2.2 Prepare prelimina~ utility relocation drawin,~s 1 8 20 40 2 $50~00
-~.2.3 Prepare prelirninar¥ utility relocation schedule 1 3 4 2 $10.00
.).2.4 Prepare prellmina~y opinion of probable construction
cost 2 4 1 $10.00
!.2.5 Review prel m nary drawings, schedule, and costs wilh
City staff 2 2 1 $10.00
2.2.6 Submit drawings and schedule to FDOT, attend review
~neetin,~ with FDOT and City 3 3 1 $25.00
2.2.7 Hake minor revisions to preliminary plans and schedule
3s result of review meetin,(]s. 1 4 8 2 $15.00
2.2.8 Attend up to 1 meeting each with representatives of
USACE and SJRWMD regarding proposed relocation
and environrnental permittin,(]. 2 4 4 6 2 $50.00
2.2.9 Update plans, schedule, and preliminary opinion of
~ )robable construction cost, submit to City/FDOT. 1 4 6 2 I $30.00
LI.S. 17-92 UTILITY RELOCATIONS AT I-4 OFF RAMP ~ ~ ~ ~ ~
.~.3._~_1Pre are relimina utilit relocation drawinL ~ ~ '--'"~-- ~ ~ I $15.0"'~"--'~--~
-~.3._._~_2 Pre are relirnina utilit relocation schedule 1 2 3 ~ 2 $10~'
.~.3.3 Prepare preliminary opinion of probable construction --
cost. 1 3 2 1 $10.00
!.3.4 Review preliminary drawings, schedule, and costs with
City staff. 1 3 2 $10.00
2.3.5 Submit drawings and schedule to FDOT Consultant,
attend review meeting. 4 4 1 $20.00
2.3.6 ~lake minor revisions to preliminary plans and schedule
3s result of review meetin,qs. 1 3 2 1 $10.00
2.3.7 Jpdate plans, schedule, and preliminary opinion of
~ ~robable construction cost, us bmit to Cit / FDOT. 1 ! 2~ ~ 2 1 $20.00
TOTAL ~ ~9 ~ 7~9 ~6 ~ 2'2 ~
BREAKDOWN
Cost Based on Standard Billing Rates:
SR 46 Bridge RWM Relocation
US 17-92 Relocation at I-4 Off Ramp $ 14,160.00
Reimbursed Expenses $ 4,155.00
TOTAL $ 370.00
$ 18,685.00
E = Professional Engineer
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