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205-CPH-Amendment 71-83AMENDMENTNO. 71-83 TO AGREEMENT FOR CONTINUING SERVICES FOR THE NORTH SEMINOLE REGIONAL RECLAIMED WATER AND SURFACE WATER AUGMENTATION SYSTEM EXPANSION AND OPTIMIZATION STUDY BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. called the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement dated December 7, 1983, 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. -1- SECTION 1 PURPOSE OF AMENDMENT Introduction The City of Sanford, City of Lake Mary and Seminole County entered a Tri-Par[y Agreement regarding use of reclaimed water and surface water augmentation from the St. Johns River. The Tri-Party Agreement resulted in the supply of an additional 1.113 billion gallons/year of reclaimed water/surface water to the City of Lake Mary and Seminole County to meet irrigation demands in the I-4 Corridor and to reduce groundwater withdrawals. Currently, the surface water augmentation treatment capacity has been increased from 3.65 MGD to 7.3 MGD. Combining available reclaimed water and surface water augmentation only from Sanford, in excess of 15 MGD of alternative water supply is available. Seminole County is expanding their reclaimed water system to include residential irrigation and as such, needs additional and more reliable supplies. The Cities of Lake Mary and Sanford will also benefit by increased and more reliable sources of reclaimed and augmentation water supplies, decreasing the use of groundwater sources and conserving it for drinking water supply. In addition, expansion of recharge will reduce the impacts of groundwater withdrawals for the Tri-Party. 1.2 Purpose The purpose of this study is to evaluate expansion of the reclaimed/surface water augmentation system to maximize the use of this alternative water supply and conserve our groundwater supplies. The study will result in a Regional Plan for use of reclaimed water / augmentation water from the St. Johns River. In order to be eligible for funding of system expansion through the District, a plan must be prepared and adopted as part of the Regional Water Supply Plan. The Plan will identify projects in the City of Sanford, City of Lake Mary and Seminole County for expansion and increased reliability for the system. After adoption of the plan as part of the Regional Water Supply Plan, the listed projects would be eligible for various funding sources such as Stag Grants, Florida Forever Special Appropriations, District Funding, etc. SECTION 2 PROFESSIONAL ENGINEERING SERVICES 2.1. In order to optimize the use of the supply of reclaimed water and surface water augmentation and plan for system expansion, the Tri-Party together with the St. Johns River Water Management District, have agreed to prepare a Regional Reclaimed Water and Surface Water Augmentation System Expansion and -2- Optimization Study. Under this Agreement, the ENGINEER is to provide the following services in connection with the Study: 2.1.1. Consider each entity's current plans or needs for reclaimed water. The Engineer will obtain and evaluate all current Master Plans. 2.1.2. The Engineer will evaluate available resources including: City of Sanford North Water Reclamation Facility (7.3 MGD) New Sanford South Water Resource Center (2.0 MGD) Greenwood Lakes Wastewater Treatment Plant (3.5 MGD) Northwest Regional Water Reclamation Facility (2.5MGD) Sanford Reclaimed Water Augmentation System (7.3 MGD) 2.1.3 Identify additional cost-effective uses of reclaimed/augmentation supplies based on current Master Plans, potential users and available supplies. 2.1.4 Evaluate potential recharge basins. The St. Johns River Water Management District will utilize the Regional Groundwater Model to determine the benefits to groundwater supplies based on the additional recharge and reclaimed/augmentation water application as identified in the plan. Evaluate development of recharge basins along Rinehart Road and at the Greenwood Lakes rapid infiltration basins and within the Heathrow and Timucuan stormwater systems to mitigate the impacts of groundwater withdrawals from the Greenwood Lakes Water Treatment Plant, Heathrow Water Treatment Plant, Lake Mary Water Treatment Plant, Sanford Main Water Treatment Plant and Paola Water Treatment Plant. This project will maximize the use of reclaimed and surface water augmentation supplies available to the City of Sanford, Seminole County and the City of Lake Mary and will allow for development of recharge basins to reduce the impacts from current and future groundwater withdrawals. 2.1.5 Identify potential users of reclaimed water within the Study area as shown on Exhibit 1. The Engineer will evaluate average daily and peak hourly flows for the customers. We will utilize an aerial base map and show all user groups and determine flow demands for the user groups. 2.1.6 Identify flow rates for potential recharge basins including, but not limited to: Stormwater ponds at various car dealerships and the Sam's Club on Rinehart Road. Stormwater ponds at Woodbridge Lakes, Williston Park and Wallace Court on Rinehart Road. Stormwater ponds within HIBC. -3- Stormwater ponds within Heathrow subdivision. Stormwater pond within Timucuan subdivision. Greenwood Lakes WWTP rapid infiltration basins. 2.1.7 2.1.8 The Engineer will coordinate with SJRWMD Staff for modeling of the reclaimed irrigation sites and recharge basins to determine capacities and the benefits, on a regional basis, of recharge on available groundwater supplies. The regional model will optimize the location for recharge basins and establish the reduction of impacts caused by groundwater withdrawals due to reuse and recharge. The modeling will determine additional safe yields of groundwater supplies based on the increased reuse and recharge as identified herein. Based on the optimum locations for the use of reclaimed water and for recharge and the average daily, maximum daily and peak hourly flows, the Engineer will update the regional hydraulic analysis of the distribution system. The Engineer will coordinate with the Tri~Party to develop a schedule for use of the available water supplies to maximize the use of the infrastructure: Filling of storage facilities at Mayfair, Timacuan, Heathrow, Alaqua, Alaqua Lakes and Magnolia Golf Courses to occur during the day Filling of storage at repumping stations at Mayfair, Greenwood Lakes, and Hanover to occur during the day Recharge basins to be filled during the day Irrigation of commercial and residential establishments, etc.,to occur at night, 2-3 times per week based on a developed schedule This operating schedule and how the compliance with the schedule is enforced will be a key to maximize the use of the reclaimed augmentation supplies. Based on the hydraulic analysis, required system improvements will be identified including, but not limited to, the following: 2.1.9 Distribution system improvements Storage Pumping station upgrades at all pump stations supplying the distribution system. Based on increasing use of the surface water augmentation facilities, reliability of the system will need to be increased to ensure that reclaimed water is available when needed. In addition, increased reclaimed water augmentation supplies will be needed to meet all of the future demands within the Tri-Party area. The Engineer will evaluate the augmentation treatment system to determine improvements needed to allow the augmentation system to operate at times when the Sanford North WRF effluent does not meet -4- 2.2 reclaimed water standards. Currently, the waters are blended after filtration, so if the effluent is out of compliance, no water can be delivered to the reclaimed water system. These improvements would increase the reliability of the system by having two independent treatment trains supplying water to the reclaimed ground storage tanks so if one tretment train is out of compliance, water from the other train source can still be delivered to the reclaimed water system. Improvements to storage facilities and the reclaimed water distribution pump station atthe Sanford North WRF will also be evaluated. 2.1.10 A desktop evaluation of the impacts of the increased use of water from the St. Johns River for reuse and recharge on groundwater quality will be prepared. We will utilize available water quality data for the St. Johns River and groundwater supplies in the analysis. No additional water quality testing will be provided. Impacts from rainfall and stormwater runoff will be considered. The St. Johns River Water Management District will provide any groundwater modeling in support of the desktop analysis. 2.1.11 Available supplies to be delivered beyond the boundaries of the Study Area, as shown in Exhibit 1, will be evaluated to determine if further expansion of the Tri-Party Regional Reclaimed Water System should be evaluated. Recommendations regarding further expansion of the system will be included based on the results of this study and input from the Tri- Party members and the District. Based on the above, the Engineer will prepare a Final Report including, but not limited to, the following: Study Area Reclaimed Users Discharge Basins Current and projected flow rates for the system Distribution system / improvements/hydraulic analysis Available reclaimed and augmentation supplies Recommended system improvements Opinion of probable construction costs for all potential improvements Operating schedule for reclaimed/augmentation water use Desk Top Evaluation of water quality impacts from increased augmentation use Modeling results provided by the District including the estimate of the increased groundwater supplies available to the Tri-Party based upon implementation of system improvements. Long-term safe yields will be estimated to allow increased long term allocations under each party's CUP based on the study and District input. -5- 2.2.1 The Engineer will coordinate with the District for adoption of this Plan as par[ of the Regional Water Supply plan to allow the recommended system improvements to be eligible for funding through Stag Grants, Florida Forever, special appropriations, and other District coordinated funding sources. SECTION 3 SUPPLEMENTARY SERVICES OF THE ENGINEER 3.1. 3.2. 3.4. 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, character of construction, 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, 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: A. 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 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 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. This project will be performed for Seminole County, the City of Lake Mary and the City of Sanford. The City of Sanford has applied for a grant to help fund this project. Partial funding for the Regional Reclaimed Water and Surface Water Augmentation System Expansion and Optimization Study will come from the SJRWMD's Strategic Water Reuse Cost-Share Program. Under this program, the SJRWMD will match -7- 50% of the total prOgram costs ($100,000 program costs / $50,000 match). Costs associated with this project will be allocated to individual parties as follows: 5.1 5.2, 5.3 5.4 St. Johns River Water Management District $50,000 City of Sanford $16,700 City of Lake Mary $16,650 Seminole County $16,650 Total $100,000 1/3 Cost Share Match 1/3 Cost Share Match 1/3 Cost Share Match The ENGINEER will enter into separate agreements with the City of Sanford, City of Lake Mary and Seminole County for their proportionate share of the program costs. The lump sum fee for services and expenses of the ENGINEER rendered on behalf of the City of Sanford as outlined in this Agreement is $66,700. The City of Sanford will enter into a contract with SJRWMD for reimbursement of the $50,000 matching share. 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 $1,200 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. SECTION 6 GENERAL CONDITIONS 6.1. 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. (ATTEST & SEAL) ~'anet Dougherty - City 61erk u CITY: Brady Lessard - ~layor (A/T-~ST & SEAL) T. in'd'a M~ Gardner, Secretary/Treasurer ENGINEER: CPH Engineers, Inc. Davi~ A. Gierach, P.E. - President J :~Z6582.00\WP-WORD~P ROPO SAL\Sanford~P, egional Plan Study.Amendment. Sanford.doc -9-