301-CPH-Amendment 87-84-Mill CAMENDMENT 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 between the CITY OF
SAN FORD, FLORIDA (hereinafter called the CITY) and 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 I
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-Party" 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 Regional Reclaimed Water and Surface Water
Augmentation System. Expansion and Ootimization 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
· Mill Creek Pond pumping station
· Sodium hypochlorite disinfection system
· Pond water filtration system
· Electrical, controls, instrumentation and SCADA
· SNWRF Operations Permit Modifications
2
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 Regional Reclaimed Water and Surface Water Augmentation System,
Exoansion and 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.
3
SECTION 2
PROFESSIONAL ENGINEERING SERVICES
2.1 Professional Enaineering 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 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 SCADA System.
2.1.2 Design of Reclaimed Water Storage, Filtration and Pumping System
A. Prepare a preliminary site layout for the reclaimed water storage, filtration
and pumping system, with consideration for future expansion.
4
B. Prepare hydraulic calculations for the proposed improvements and set
preliminary grades for the facility structures.
C. Meet with CITY Utility and Operating personnel and coordinate the basis
of design for the facility based on operational experience.
D. Prepare an evaluation of potential pumping, filtration and disinfection
systems to be used at the new facilities.
E. 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
5
F. Prepare structural calculations and design for the proposed facilities.
G. 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.
H. 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 - 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.
J. Prepare contract documents (specifications) for the Mill Creek Reclaimed
Water Storage Pond, Filtration and Pumping Station.
K. Prepare quantities and an opinion of probable construction cost for the
proposed Mill Creek Reclaimed Water Storage Pond, Filtration and
Pumping Station.
L. 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.
M. Coordinate with CITY, FDEP and SJRWMD during the design and
permitting phase of the project as required.
N. Prepare hydraulic calculations for the proposed improvements and
design all proposed improvements and modifications.
O. Assist the CITY in permitting of the improvements with all regulatory agencies.
6
SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1
3.3,
3.6.
3.7.
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.
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.
7
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.
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.
8
H. 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.
J. Give prompt written notice to the ENGINEER whenever the CiTY observes or
otherwise becomes aware of any defect in the Project.
9
SECTION 5
PAYMENT
5.1
5.2
5.3
5.4
5.5
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.
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).
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.
10
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.
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.
11
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
the day and year first above written.
CITY:
City of Sanford, Florida
A'I-I'EST & SEAL
TITLE
ATTEST & SEAL
ENGINEER:
CPH Engineers, Inc.
Vice-President
DATE
David A, Gierach
President
12