301-CPH-Amendment 54BAMENDMENT NO. 54B
AGREEMENT FOR CONTINUING SERVICES
FOR
CUP RENEWAL - RAI RESPONSES
Saltwater Intrusion Modeling and Monitoring Plan Development /
Wetlands Monitoring Plan
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the 2-~ day of ~ , ~etween the City of
Sanford, Florida (hereinafter called CITY) and"t~PH 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 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:
1.1
1.1.1
1.1.3
SECTION 1
General
Introduction
This Amendment work is to generally provide for engineering services for submitting
the CITY's CUP renewal to the SJRWMD. The services to be provided shall be in
response to the SJRWMD's Request for Additional Information (RAI).
This Amendment generally provides for additional hydrogeologic and environmental
services required by the SJRWMD as part of their RAI, not covered by previous
Amendments.
2.1
1.
SECTION 2
Scope of Services
General Description
Hydrogeologic Services: (Detailed Description Provided as an Attachment)
a. Data collection and selection of target wells.
b. Saltwater intrusion modeling
c. Development of combined regional monitoring plan
d. Preparation of reports and attendance at meetings
Ecological Consulting Services: (Detailed Description Provided as an Attachment)
a. Data collection pertinent to the study area
b. Meetings/consultation with the SJRWMD
c. Field assessments of select wetlands
d. Data evaluation
e. Meetings with City and/or Engineer
f. Develop long-term monitoring protocol
g. Preparation of biological summary report
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
3.1.9
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 significant changes in the scope of the project or its design
including, but not limited to, complexity, character of consb'uction or due to time
delays in initiating or completion of the work as described herein.
Provide through subconsultants, land acquisition boundary surveys, title searches,
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.
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 more than 5 sets of prints or drawings and other Documents.
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.
Additional engineering services that may be required for potential wetlands
investigations as part of the CUP renewal process may be considered for
authorization as an additional service under this section or separately provided by
the CITY.
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.
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 ClTY wlII:
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.
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.
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
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.
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
The engineering fee for the services described herein is estimated to be $54,460,
inclusive of out-of-pocket expenses determined as follows:
$38,960
$10,500
$ 5,000
Hydrogeologic Services (Andreyev Engineering Inc.)
Ecological Services (Lotspeich and Associates, Inc.)
Project Coordination and Response to SJRWMD (CPH Engineers, Inc.)
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
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:
City of Sanford, Florida
Roger Dixon, A'ctim3 City Manager
ENGINEER:
CPH Engineers, Inc.
David A. Gierach, P.E.
President