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HomeMy WebLinkAbout1996 02 26 Consent Item A COMMISSION AGENDA ITEM A REGULAR CONSENT X INFORMATIONAL February 26. 1996 Meeting MGR f(wtU /DEPT ;/~ Authorization REQUEST: Public Works/Utility Division Requesting Authorization to Execute Amendment 48 for Engineering Services - East and West Water Systems Consumptive Use Permit Application PURPOSE: The purpose of this Board item is to request authorization to execute Amendment 48 - Consulting Engineering Services for Consumptive Use Permit Renewal ofthe East and West Water Systems Combined with Conklin, Porter & Holmes Engineers, Inc. CONSIDERATIONS: This supplement is needed to assist City staffin preparing the St. John's River Water Management District Consumptive Use Permit (CUP) Application. The CUP is a seven year permit which sets limits for daily and annual withdrawals from the aquifer for potable water use. The West CUP was renewed in 1995 and the East CUP expires in 1996. The SJRWMD has requested that the East and West be combined into a single CUP during this CUP renewal process which is included in the scope of seIVices for Amendment 48. Combining the two systems is consistent with our Comprehensive Plan goal of a single system and a lower overall per capita water consumption rate. Other items included in the scope of work are Water Conservation Plan preparation, reuse program update, water quality and quantity projections, and conceptual planning for Well #4 at WTP #1. FUNDING: The cost for Amendment 48 is $5,000. Funds are budgeted in the Utility Department Capital Improvement line code (#56310). Funds for this project will be expended by April 15, 1996. RECOMMENDATION: I recommend that authorization be given to execute Amendment 48 for Consulting Engineering Services for the Consumptive Use Permit Application to be paid from the Capital Improvements line code of the Utility Department budget. IMPLEMENTATION SCHEDULE: The scope of services will be completed by April 1, 1996. The SJRWMD Conswnptive Use Permit should be received by July 1, 1996. ATTACHMENTS: 1. Amendment 48 COMMISSION ACTION: .. AMENDMENT 48 TO AGREEMENT DATED NOVEMBER 27, 1984 FOR CONSUMPTIVE USE PERMIT RENEWAL - EAST AND WEST COMBINED BETWEEN THE CITY OF WINTER SPRINGS AND CONKLIN, PORTER & HOLMES - ENGINEERS, INC. c. - ,0 This Amendment dated , 1996, by and between the City of Winter Springs (hereinafter called the OWNER) and Conklin, Porter & Holmes - Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Amendment to an Agreement dated November 27, 1984, between the parties, herein setting forth the scope, . terms and conditions of the services herein authorized. The appropriate provisions of the November 27, 1984, Agreement apply as fully as if repeated herein. GENERAL 1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically itemized herein, in the preparation of the renewal of the St. Johns River Water Management District (SJRWMD) Consumptive Use Permit (CUP) for the east side of the Winter Springs Utility System. At the request of SJRWMD, the two CUPS (east and west) will be combined into one CUP with this application. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 The ENGINEER will serve as the OWNER's professional engineering representative in those phases of the project to which this Amendment applies, and will give consultation and advise to the OWNER during the performance of his services. The ENGINEER will perform the services for the City Commission under the general supervision of the City Manager and Utilities Director and will submit a draft application to them for their review, input, decision, etc. as appropriate. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The OWNER hereby authorizes the ENGINEER to proceed with the preparation the CUP as listed below. 3.2 RENEWAL OF CONSUMPTIVE USE PERMIT The east side CUP from SJRWMD expires In March 1996 and needs to be renewed. The west side CUP was renewed in 1995 and the two CUPs will be combined under one permit at the request of SJRWMD. The following items are required by SJRWMD: 3.2.1 Attendance at SJRWMD preapplication meeting in Orlando. 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 3.2.8 3.2.9 Narrative addressing the reuse program. Evaluation of pumping records over the last 12 months, a calculation of the per capita tlsage, and a projection of water uses within the system for the next seven years. Population projections will be based on the City's Comprehensive Plan. New population projections will not be provided. Prepare a location map which identifies all wells by SJRWMD number. Prepare a narrative addressing well operations, usage, and water quality. Compiling and copying of water quality data and other permit attachments. Preparation of the Water Conservation Plan. Preparation of the permit application for execution and submittal by the City. Respond to reasonable amounts of additional information as requested by the SJRWMD review and approval process. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following -types which will be paid for by the OWNER as described in SECTION 6, Paragraph 6.1.2. 4.2.1 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. 4.2.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.2.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.2.4 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, or other regulatory agency requirements. 4.2.5 Provide, through a subconsultant, surveying services if required or requested by the OWNER. 4.2.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by SJRWMD, recommended by the ENGINEER and authorized by the OWNER. SECTION 5 THE OWNER'S RESPONSIBILITIES 5.1 The OWNER will: 5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER's representative with respect to the work to be perfor~ed u~4iL!P.t~,Azpend.ment, an~ su~h perso~ sha? have complete authonty totr~.tt;1#a1ruc~~s-, rec~ve'mformatlOn, Interpret and ~efine the OWNER's p'5!lcIes ~'declSlons pertment to the work covered by thIS Amendment. 5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. .() 5.1.3 Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. 5.1. 4 Provide personnel to locate' facilities and mow, trim, or otherwise make them accessible for inspection. 5.1.5 Examine all studies, reports, sketches, 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. 5.1.6 Obtain 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. . 5.1.7 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. 5.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. 5.1.9 Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may reqUIre. 5.1.10 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Principals and Employees of the Engineer. 6.1.2 Compensation paid to the ENGINEER for services described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Direct Personnel Expense (defined in Paragraph 6.2.4 herein) times a factor of 2.0 plus all reimbursable expenses. The fee for the scope of services described in Section 3 will be provided for a "not to exceed" fee of $5,000. A listing of the separate tasks and estimated fees are contained as Attachment 1. . 6.2 REIMBURSED EXPENSES 6.2.1 Expenses for items not specifically valued herein are to be reimbursed to the ENGINEER at the actual cost thereof. Said expenses shall include transportation and subsistence of principals and employees, when traveling in connection with the Project, toll telephone calls, telegrams and similar project- related items. 6.2.2 The OWNER will make prompt monthly payments in response to ENGINEER's monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries and wages paid to principals and employees of all classifications engaged directly on the Project, plus the cost of fringe benefits including but not limited to, social security contributions, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. For purposes of this Amendment, Direct Personnel Expense shall be considered an amount equal to 1.48 times applicable salaries and wages. 6.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.4 will be computed at a rate of $400.00 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 funding levels as set forth in Paragraph 6.1.1 and 6.2.1 herein). 6.2.5 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 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 4. 6.2.6 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 ,GENERAL CONDITIONS 7.1 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 opinions 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 judgement 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. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Amendment 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 OWNER and the ENGINEER. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a 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. OWNER: City of Winter Springs, Florida A TIEST & SEAL By: Date: ENGINEER: Conklin, Porter & Holmes - Engineers, Inc. ~EST & SEAL ~~!h.JM Linda Gardner, Secretary/ Treasurer BY:~/~ Date: 2-/S/re. arnend48.trnz/D3 .. .- " Attachment 1 Estimate Fee for Scope of Services Item Estimate Consumptive Use Permit Application and Renewal $5,000.00