205-CPH-Amendment 65 AMENDMENT NO. 65
TO
AGREEMENT FOR CONTINUING SERVICES
FOR THE OPERATIONS PERMIT RENEWAL FOR THE
SANFORD NORTH WATER RECLAMATION FACILITY
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND ~
,~-
CPH ENGINEERS, INC. ~'
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This Agreement made on the ~P79%/'~ day of ~.~'¢Z-~ 002 between the CITY OF
SANFORD, FLORIDA (,ereinaftercalled the CITY)and CPH E~'GI~2EERS, INC. (.ereinafter called
the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an
Agreement date December 7, 1983, between the parties, herein setting forth the scope, terms and
conditions of the work heroin authorized.
In case of any conflict between this Amendment and the aforementioned Agreement of December
7. I983, this Amendment shall govern forthe work described herein.
SECTION l
PURPOSE OF AMENDMENT
1.1 Introduction
The Sanford North Water Reclamation Facility is currently operating under FDEP
Operations Permit No. FL0020141-1 which expires on September 2, 2002. In
accordance with the above referenced Operations Permit conditions and Chapters
62-4, 62-600 and 62-620, F.A.C., the City must submit an Operations Permit
Renewal Package, and all associated permitting reports and documentation, to the
Florida Department of Environmental Protection (FDEP), at least one hundred
eighty (180) days prior to the expiration of the existing permit, or March 2, 2002.
The Operations Permit Renewal Package shall be considered timely and sufficient
through submission of the following information, prior to March 2, 2002:
· FDEP Wastewater Permit Application Form 1 -General Information
· Sanford North Water Reclamation Facility - Site Location and U.S.G.S. Maps
· FDEP Wastewater Permit Application Form 2A - Domestic WWTF's
· Sanford North Water Reclamation Facility - Site Plan
Sanford North Water Reclamation Facility - Process Flow Schematic
Agricultural Use Plan
· Capacity Analysis Report
· Whole Effluent Toxicity Testing Report
· Reuse Feasibility Study
· Binding Agreements and Documentation of Controls on ~ndividual Users of
Reclaimed Water
® Operation and Maintenance Performance Report
· Reclaimed Water Analysis Report
· Technical Evaluation of Need to Revise Local Pretreatment Limits
· Mechanical Integrity Testing Report
· Operating and Monitoring Protocol
· Additional Documentation
1. Current and Potential Reclaimed Water Sites
2. Reclaimed Water System Documentation
CPH Engineers, Inc. will provide the required professional engineering services for the
generation of all required permitting documentation, reports, etc. forthe Operations Permit
Renewal for the Sanford North Water Reclamation Facility in accordance with the Rules
and Regulations of the State of Florida and FDEP.
SECTION 2
PROFESSIONAL ENGINEERING SERVICES
2.1 Professional Enqineerina Services
Under this Agreement, the ENGINEER shall provide the following professional
engineering services for the Operations Permit Renewal for the Sanford North
Water Reclamation Facility. The specific services are as follows:
2.1.1 FDEP Wastewater Permit Application Form 1 - General Information
Preparation of this Permit Application Form and all accompanying
documentation for the CITY's review, comment and signature.
2.1.2 Sanford North Water Reclamation Facility- Site Location and U.S.G.S. Maps
Prepare a site location (U .S.G.S. Quadrangle) map, wastewater service area
map and reclaimed water service area map in accordance with the permit
renewal requirements and Chapter 62-620, F.A.C.
2.1.3 FDEPWastewaterPermitApplicationForm2A-DomesticWWTF's
Preparation of this Permit Application Form and all accompanying
documentation for the CITY's review, comment and signature.
2.1.4 Sanford North Water Reclamation Facility - Site Plan
Preparation of a Facility Site Plan forthe Sanford North WRF in accordance
with the permit renewal requirements and Chapter 62-620, F.A.C.
2.1.5 Sanford North Water Reclamation Facility - Process Flow Schematic
Preparation of a "CoraiDraw" Process Flow Schematic for the Sanford North
WRF in accordance with the permit renewal requirements and Chapter 62-
620, F.A.C.
2.1.6 Aqricultural Use Plan
CPH will assist the City in compiling all of the data, submitted from the
Contract Hauling Entity that the City uses, or the City itself, and prepare a
report in conjunction with the City, in accordance with FDEP regulations, for
submittal.
2.1.7 Capacity Analysis Report
As part of the Application for Operations Permit Renewal, CPH will generate
a Capacity Analysis Report in accordance with Chapter 62-604. The report
will include the following items in accordance with the above referenced
regulation:
· The permitted capacity of the facility;
· Assessment of the actual capacity of the facility;
· Monthly average flows and Ioadings;
· Rolling three-month average daily flows;
· Annual average daily flows over the last five years;
· Seasonal flow and loading variations;
· Flow projections for the next ten years based on local population growth
and water usage;
· An estimate of the time required for the three-month ADF to reach
permitted design capacity;
· Recommendations for expansion;
· Detailed schedules with dates for planning, design, permit application
submittal, start of construction, and start of operation; and
m Update of flow-related and loading information contained in the most
recent preliminary design report.
CPH will prepare a report addressing these requirements that will include as
an Appendix, the Master Wastewater Plan, as it addresses a number of
these items.
2.1.8 Whole Effluent Toxicitv Testinq Report
CPH will assist the City in compiling all of the data, submitted from the
Contract Laboratory that the City uses, or the City itself, and prepare a report
in conjunction with the City, in accordance with FDEP regulations, for
submittal.
2.1.9 Reuse Feasibility Study
The St. Johns River Water Management District (SJRWM D) has designated
the entire District as a Water Conservation Area in accordance with FS
373.069. This designation implements the requirements of FS 403.064,
which provides for the beneficial use of reclaimed water. As a result, a
Reuse Feasibility Study must be prepared in accordance with FDEP's
"Guidelines for Preparation of Reuse Feasibility Studies for Applicants
Having Responsibility fer Wastewater Management".
According to FDEP regulations, municipalities that have developed or are
implementing a Reuse Master Plan may submit their Master Plan and
documentation of implementation in lieu of the reuse feasibility study if
specific conditions are met. CPH will prepare a report addressing the
pertinent requirements within the FDEP guidelines, and shall submit as an
Appendix to the report, the City's Master Wastewater Plan, which addresses
a number of the requirements.
2.1.10 Bindina Aareements and Documentation of Controls on Individual Users
of Reclaimed Water
CPH will collect and compile all of the City's Binding Agreements with
various Reclaimed Water Users and documentation of controls of
individual users for incorporation into a report for submission with the
Operations Permit Renewal package.
2.1.11 Operation and Maintenance Performance Report
CPH will prepare an Operation and Maintenance Performance Report in
conjunction with the City and in accordance with the requirements of
Chapter 62-600, F.A.C. CPH shall assist the City in submitting
certifications and historical operations, records, and groundwater
monitoring data and the Operation and Maintenance Performance
Report.
2.1.12 Reclaimed Water Anatysis Report
Assist the City in the preparation and submittal of a Reclaimed Water
Analysis Report for the Sanford North WRF in accordance with Chapters
62-600 and 62-620, F.A.C. for submittal with the Operations Permit
Renewal Package.
2.1.13 Technical Evaluation of Need to Revise Local Pretreatment Limits
Assist the City in the technical evaluation of the need to revise local
pretreatment limits and modification of the City's current Industrial Waste
Pretreatment Program (IWPP) and generate an abbreviated report for
incorporation into the Operations Permit Renewal Package.
2.1.14 Mechanical Intearitv Testing Report
Assist the City in developing an Mechanical Integrity Testing Program
and generate a report, in accordance with FDEP regulations, for
incorporation into the Operations Permit and Renewal Application
Package for the Sanford North WRF.
2.1.15 Operatina and Monitorincl Protocol
Update the Sanford North Operating and Monitoring Protocol, in
accordance with the requirements of Chapters 62-600, 62-610, and 62-
620, F.A.C., for incorporation into the Operations Permit and Renewal
Application Package.
2.1.16 Additional Documentation
CPH will provide or produce any additional documentation required to
meet requirements for the Operations Permit. Renewal Package, as
required by FDEP, to include:
1. Current and Potential Reclaimed Water Sites
2. Reclaimed Water System Documentation
SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1 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.
3.2. 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.
3.3. 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.
3.4. Additional services resulting from public protests, administrative hearings, additional
meeting with the regulatory agencies or similar matters.
3.5. 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.
3.6. 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.
3.7. 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.
B. 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.
C. 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.
E. 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.
F. 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.
G. 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.
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.
I. 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.
SECTION 5
PAYMENT
5.1. 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 lump
sum fee as indicated in the following table:
L ................... --- ...... __Description
Civil / Environmental Engineering Professional Services $15,000
associated with the Operations Permit Renewal
Operations Permit Fee to FDEP $10,000
5.2. 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.
5.3 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).
5.4 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
PAYMENT
6.1. Since the ENGINEER has no control overthe 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 heroin 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.
CITY:
City of Sanford, Florida
ATTEST & SEAL
-/
DATE ~/~0'~/' TIT~L/~4~'//
ENGINEER:
CPH Engineers, Inc.
ATTEST & SEAL
Project Manager
DATE David A. Gierach
President