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WHEREAS the CITY desires to renew its Consumptive Use Permit (CUP) for a twenty (20) year
period, and
WHEREAS the ENGINEER is intimately familiar with and qualified for this project work and has
experience on the City's raw water supply including hydraulic analyses and utility distribution
system design and permitting, and has personnel and capabilities to perform the designated
services; and
WHEREAS the CITY has requested the ENGINEER to perform engineering services relating to
the submission of the City's CUP renewal to St. Johns River Water Management District
(SJRWMD);
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree
as follows:
SECTION q
General
t .1 Introduction
1.1.1 This Amendment work is to generally provide for engineering services for submitting
the CITY's CUP renewal to SJRWMD.
1.1.3 Additional subconsultant services including land acquisition, title searches, boundary
surveys, preparation of legal descriptions or sketches of description, geotechnical
testing, environmental assessments (including wetlands, surface water, or 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.
SECTION 2
Scope of Services
2.'1 General Description
1. Review of City of Sanford water records. Tabulation of the current water usage and water
quality.
2. Review and tabulation of well construction records and water quality analysis data.
3. Preliminary layout of wells to meet the current and projected water demands of the service
areas, utilizing the current operating wells and expansion as necessary. No groundwater
modeling or hydrogeologic services are included herein. If these services are required the
CITY will employ a Hydrogeologic Consultant or the Engineer can provide theses services
as an additional service.
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preparation of legal descriptions or sketches of description; 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.
3.1.3 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.
3.1.4 Additional services resulting from public protests, administrative hearings, or similar
matters.
3.1.5 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.
3.1.6 Furnishing additional sets of pdnts of drawings and other Documents beyond those
designated in Section 2.
3.1.7 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 or revisions
necessary due to changes in the Road Improvement Plans.
3.1,8 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 The CiTY will:
4.1.1 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.
4.1.2 Obtain and provide data requested that is reasonably available on the project along
with operational and maintenance requirements.
4.1.3 Guarantee access to and make all provisions for the ENGINEER to enter upon public
and pdvate lands as required for the ENGINEER to perform his work under this
Amendment.
4.1.4 Make facilities accessible for inspection.
4.1.5. 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.
4.1.6 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.
4.1.7 Provide such legal, accounting, financial and insurance counseling services as may
be required forthe project, and such auditing services as the CITY may require.
4.1.8 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.t General Payment Provisions
5.1.1 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.
5.1.2 The engineering fee for the services described herein is estimated to be $19,136,
inclusive of out-of-pocket expenses. Invoices will be submitted periodically,
indicating the hours expended during that billing cycle.
5.1.3 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.
5.1.4 Charges for the services rendered by principals and employees as witnesses in any
litigation, headng 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 ).
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 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.
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.
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.
CITY:
(ATTEST & SE.~..L) City o~ord, F ida
ENGINEER:
( ST & S~L) n ieers nc
Date
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CffY O~ SA~O~ AGE~A ~MO~UM { DAE 4/23/01
S~CT: CPH ~en~em 54_S~ C.U.P.
DEP~NT: UtiliW DI~SION: A~inis~ation
A~HO~ED BY: Paul M~re, P.E f~ CO~ACT: Bill M~cous E~: 5649
MOTION~CO~NDATION:
Recommend CiW Commission a~rov~ of CPH ~cn~cm No. 54 for en~needng se~ices in
co~ection to renewal of the CiW of S~ord's Consmptive Use Petit ~om ~he St.lo~s ~vcr
Water M~agcmem ~st~ct.
BACKGROUND:
St. Jo~s Riv~ Water M~agement Dis~i~ now considers applications for 20 ye~ Cons~ptive
Use Pe~its. ~e Dis~ict issues ~ese pe~its ~d all~a~s water for beneficial uses such as
public supply.
The CiW of S~ord's c~ent Cons~ptive Use Petit is for five ye~, ~d expires Feb~
10, 2003. The District ~s placed S~ord and most of East-Centr~ Florida in a ProdW Waer
Reso~ce Caution ~ea. Cometiron for available ~o~dwater reso~ces in No~ Seminole
Co~ creat~ a n~ to bc~n p~s~ng a 20 ye~ ~it at ~s dine. The process for ob~ining
a new C.U.P. c~ t~e scvc~l months
A 20 year p~t hdps ensues wat~ availabffiW for existing custom~s ~d provi&s a
cornerstone for ~t~e economic devetopm~t activities.
The cost of this phase of the Cons~ptivc Use Petit renew~ shall not exceed $19,136.00.
F~ds ~e available in accost ~ 451-4527-536-34-06.
Reviewed by:
CM.
CA_
_D.eputy CM.
Regular Consent J/Work Session Briefing._ ~fdt~erce Dir~j