301-CPH-Amendment 87-84 AMENDMENT NO. 87-84
TO THE
AGREEMENT FOR CONTINUING SERVICES
FOR THE
MILL CREEK RECLAIMED WATER STORAGE
POND, FILTRATION AND PUMPING SYSTEM
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the ~ {~-/~'- day of ,~,~?~,~-~---- , 2005 between the CITY OF
SANFORD, FLORIDA (hereinafter called the CITY) anc~CPH ENGINEERS, INC. (hereinafter called
the ENGINEER), is mutually agreed Prepare hydraulic calculations for the proposed improvements
and set preliminary grades for the facility structures, upon and declared an authorized Amendment
to an Agreement date 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 7,
1983, this Amendment shall govern for the work described herein.
SECTION 1
PURPOSE OF AMENDMENT
1.1 Introduction
The City of Sanford, Seminole County and the City of Lake Mary have developed a
consortium known as the "Tri-Part~' to develop reclaimed/augmentation water resources in
the North Seminole County region to reduce groundwater withdrawals associated with
irrigation. CPH Engineers, recently completed a report for the Tri-Party members and the St.
Johns River Water Management District (SJRWMD) entitled North Seminole Reqional
Reclaimed Water and Surface Water Auqmentation System, Expansion and Optimization
Study (December 2004). The existing reclaimed and augmentation water system was
evaluated to optimize the use of reclaimed water within the regional system and develop
additional resources. One of the projects identified as a "high priority" project due to Iow
reclaimed water pressures and flows being delivered to Seminole Community College
(SCC), area within Lake Mary, and the Heathrow International Parkway corridor is the Mill
Creek Reclaimed Water Storage Pond, Filtration and Pumping System. This project will
increase the overall reclaimed water system storage capacity and system reliability which all
Tri-Party members agree is required.
The Project includes the following components:
· Site work
· MilICreek Pond pumping station
· Sodium hypochlorite disinfection system
· Pond water filtration system
· Electrical, controls, instrumentation and SCADA
· SNWRF Operations Permit Modifications
1.2 Purpose
This Amendment work is to generally provide engineering services for the design and
permitting (FDEP and SJRWMD) for the Mill Creek Reclaimed Water Storage Pond,
Filtration and Pumping System improvements in accordance with the North Seminole
Re.qional Reclaimed Water and Surface Water Auqmentation System, Expansion anti
Optimization Study (December 2004). This Study has been approved by all Tri-Party
Members and the St. Johns River Water Management District.
The ENGINEER shall provide all services required to complete each task in accordance with
regulatory requirements in effect on the date of execution of the Agreement to the extent of
the scope of work as defined and set out in this Amendment. The ENGINEER shall perform
professional services as hereinafter stated in accordance with good engineering practices.
SECTION 2
PROFESSIONAL ENGINEERING SERVICES
2.1 Professional Engineering Services
Under this Agreement, the ENGINEER shall provide the following professional engineering
services for the design, preparation of plans and specifications and permitting of the Mill
Creek Reclaimed Water Storage Pond, Filtration and Pumping System. Through
subconsultants, the ENGINEER will provide needed surveying, geotechnical investigations
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and electrical engineering design services for the project, survey and soils. The specific
services are as follows:
2.1.1 Professional Subconsultant Services associated with the Project
Coordinate with the surveyor employed by the ENGINEER to obtain a
topographic survey and elevations of the proposed site improvements, to be
used as a basis for design.
Coordinate with the geotechnical firm employed by the ENGINEER for obtaining
borings and recommendations at the proposed site of the improvements and
compaction requirements for all proposed improvements and structures.
Coordinate with the electrical engineering firm employed by the ENGINEER to
provide the electrical/controls/instrumentation design for the proposed
improvements to meet Class I Reliability Standards. Prepare facility lighting plan
and building mechanical plans. Prepare the proposed improvements to be
integrated with the City's SC^DA System.
2.1.2
Desi(~n of Reclaimed Water Storaqe, Filtration and PumDina Svstem
A. Prepare a preliminary site layout for the reclaimed water storage, filtration and
pumping system, with consideration for future expansion.
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C.
D.
E.
Prepare hydraulic calculations for the proposed improvements and set
preliminary grades for the facility structures.
Meet with CITY Utility and Operating personnel and coordinate the basis of
design for the facility based on operational experience.
Prepare an evaluation of potential pumping, filtration and disinfection systems to
be used at the new facilities.
Design the Mill Creek Reclaimed Water Storage Pond, Filtration and Pumping
System Improvements and prepare the following plan sheets:
1. Cover Sheet
2. Index of Sheets, Standard Abbreviations and Location Map
3. Survey
4. Site Dimension Plan
5. Site Piping Plan
6. Site Piping Details
7. Miscellaneous Site Details
8. Site Grading Plan
9. Landscape Plan
10. Irrigation Plan
11. Piping Details
12. Miscellaneous Details
13. Mill Creek Pond Intake Piping System
14. Pumping Station Plan
15. Pumping Station Details
16. Chemical Feed Facility Plan
17. Chemical Feed Facility Details
18. Chemical Feed Facility Foundation and Structural Details
19. Filtration System Plan
20. Filtration System Details
21. Electrical Symbols, Notes and Abbreviations
22. Electrical Site Plan
23. Electrical Single Line Diagram
24. Elementary Process Control
25. Lighting and Lightning Protection Plan
26. Electrical Details
27. Instrumentation Legend
28. Process and Instrumentation Diagram
29. Control System Block Diagram
30. Control System Details
31. SCADA System Integration Details
F. Prepare structural calculations and design for the proposed facilities.
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If necessary, prepare stormwater calculations and assist the CITY in obtaining a
Stormwater Management Permit from FDEP for the site improvements at the
proposed location of the Mill Creek Reclaimed Water Storage Pond, Filtration
and Pumping Station.
If necessary, prepare stormwater calculations and assist the CITY in obtaining a
General Permit from the SJRWMD for the site improvements at the proposed
location of the Mill Creek Reclaimed Water Storage Pond, Filtration and
Pumping Station.
Prepare and submit to the FDEP o Central Florida District, a preliminary
engineering design report as required by Chapter 62-600.715, F.A.C. and a Final
Engineering Report as required by 62-610.310(2)(a), F.A.C.
Prepare contract documents (specifications) for the Mill Creek Reclaimed Water
Storage Pond, Filtration and Pumping Station.
Prepare quantities and an opinion of probable construction cost for the proposed
Mill Creek Reclaimed Water Storage Pond, Filtration and Pumping Station.
Prepare the FDEP Permit Modification Application for the Sanford North Water
Reclamation Facility and assist the City in permitting the project with FDEP. To
keep the project on schedule an engineering report will be prepared and the
facility will be permitted based on said report. Assist the City in responding to
requests from the FDEP for additional information concerning the proposed
improvements.
Coordinate with CITY, FDEP and SJRWMD during the design and permitting
phase of the project as required.
Prepare hydraulic calculations for the proposed improvements and design all
proposed improvements and modifications.
Assist the CITY in permitting of the improvements with all regulatory agencies.
SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1
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.
3.2. Additional services due to significant changes in the scope of the project or its design
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3.3.
3.4.
3.6.
3.7.
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.
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.
Obtain and provide data requested that is reasonably available on the project along with
operational and maintenance requirements, discharge monitoring report data, operations
data, wastewater, reclaimed water and domestic biosolids data, wastewater generators
and reclaimed water users, and all other pertinent treatment facility data.
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.
D. Make all treatment facilities and associated sites accessible for inspection.
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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
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.
SECTION 5
PAYMENT
5.1
5.2
5.3
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 total "lump sum" fee
of $135,255; ($128,255.00 Engineering Fee and $7,000 Permitting Costs).
This Project is being funded in accordance with the third Amendment to the Tri-Party
Agreement. A grant of $480,000 toward the construction cost has been obtained from the
St. Johns River Water Management District. The remainder of the construction cost and the
engineering fee will be paid for by the Tri-Party members as follows:
City of Lake Mary: 20%
Seminole County: 46%
City of Sanford: 34%
The City of Sanford will be for responsible for payment of the fee and in accordance with the
Third Amendment to the Tri-Party Agreement shall be reimbursed from the City of Lake Mary
and Seminole County for their portion of the fee.
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.
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5.4
Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding will be computed at a rate of $1,500 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).
5.5
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 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.
SECTION 6
GENERAL CONDITIONS
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.
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.
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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 u
ATTEST & SEAL
ENGINEER:
CPH Engineers, Inc.
Benjamin M. Fries
Vice-President
DATE
I
David A. Gierach
President
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