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301-CPH-Amendment 61 AMENDMENT No. 61 TO AGREEMENT FOR CONTINUING SERVICES FOR THE DESIGN AND PERMITTING OF SODIUM HYPOCHLORITE HANDLING FACILITIES AT THE SANFORD MAIN AND AUXILIARY WTP's BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC, This Agreement made on the ay of ,1,9g~r~between the CITY OF SANFORD, FLORIDA (hereinafter called the PH ENGINEERS, INC. (hereinafter called the 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. SECTION 1 PURPOSE OF AMENDMENT 1.1. Introduction The City of Sanford Commission approved the Sanford Water 201 Facilities Plan Addendum, on September 28, 1998, to proceed with obtaining State Revolving Loan Funding (SRF) for various water system improvements including the construction of chlorine handling facility modifications at the Sanford Main and Auxiliary Water Treatment Facility's. To be eligible for funding through the SRF Program, preliminary engineering design plans and specifications must be complete by October 3I, 2002. The purpose of this Amendment is to authorize engineering design and permitting services for the sodium hypochlorite handling facilities at the Sanford Main and Auxiliary WTP's. The growth within the City of Sanford Service Area is expected to be considerable with the construction of the western leg of the GreeneWay (SR-417) and expansion of the Orlando-Sanford Airport. As growth continues, new water treatment facility improvements will be required. Population and water demand projections have been revised as part of the Sanford Water 201 Facilities Plan Addendum through design year 2020. The projections indicate that various water system improvements are currently required to meet both projected demands. The water management system improvements are identified in the 201 Facilities Plan Addendum. The City has also completed Process Safety Management and Risk Management Programs in response to OSHA and EPA's concerns regarding the handling, storage and use of chlorine gas at treatment facilities. One of the projects identified in the Water Facilities Plan Addendum "Recommended Plan", which is in accordance with the City's Comprehensive Plan and Master Water Plan, includes the following disinfection system improvements at both the Sanford Main and Auxiliary WTP's: ® Construction of "new" enclosed sodium hypochlorite handling building; ® Addition of new sodium hypochlodte handling equipment and feed systems; ® Addition of sodium hypochlorite bulk storage tanks; and ® Electrical/Controis/instrumentation/SCADA modifications. 1 The proposed sodium hypochlorite improvements at the Sanford Main and Auxiliary WTP's will: · Eliminate the use of chlorine gas, classified as a highly dangerous substance by the U.S. EPA and OSHA, from the facility; · Produce a safer working environment both at and around the facility through the use of sodium hypochlorite (liquid bleach) as the disinfectant. · Not endanger the employees working at the facility in the manner that gaseous chlorine can. Due to the reduction in potential exposure to highly toxic chlorine gas, the City will require less operator training, leak testing, fit testing, self-contained breathing apparatuses (SCBA) and exposure equipment. · Eliminate the need for the City to annually comply with the OSHA Process Safety Management (PSM) Standards and the EPA Risk Management Program (RMP) by switching from gaseous chlorine to sodium hypochlorite (liquid chlorine/bleach). Annualized cost savings can be realized by the Utility Department through the proposed improvements. · Reduce the City's liability associated with the minor, moderate, major or catastrophic release of chlorine gas from the Sanford Main and Auxiliary WTP's. · Reduce the impact on the local roadways (U.S. Hwy 17-92, S.R. 46A, Country Club, Central Florida Greeneway, etc.), residents, businesses, hospitals, golf courses, schools, and the greater Sanford area by eliminating the potential for a discharge of highly dangerous gas to the environment. 1.2. Purpose of the Amendment The purpose of this Amendment is to authorize the Engineer to provide engineering services for the design and permitting of the "new" sodium hypochlorite handling facilities at the Sanford Main and Auxiliary WTP's in accordance with the approved Sanford Water Facilities Plan Addendure and Water Master Plan. The Engineer shall provide all services required to complete each task in accordance with regulatory requirements in effect on the date of execution of this Agreement to the extent of the scope of work as defined and set out in this Amendment. The Engineer shall perform professional services as hereinafter stated in accordance with good engineering practices. 2 SECTION 2 DESIGN AND PERMITTING 2.1. The ENGINEER has assisted the CITY in applying for a low interest SRF Loan for design and construction of water facilities improvements including the sodium hypochlorite handling facilities at the Sanford Main and Auxiliary WTP's. The planning has been completed and approved by the CITY and design must proceed to maintain eligibility of the project for funding. To maintain eligibility of the project for funding under the SRF Program, all design and permitting must be completed by October 31, 2002. In order to meet this schedule, design and permitting need to proceed as soon as possible. Under this Agreement, the ENGINEER is to provide the following design and preparation of plans and specifications for the sodium hypochlorite facilities at the Sanford Main and Auxiliary VVTP's, demolition of existing gaseous chiorination system components, roadway improvements,.and miscellaneous piping and equipment modifications. Through subconsultants, the ENGINEER will provide needed surveying, and electrical engineering design services for the project. 2.2. Engineedna Services Specific services of the ENGINEER shall include the following: A. Coordinate with the surveyor employed by the ENGINEER to obtain a topographic survey to be used as a base for design. B. Prepare a preliminary site layout for the improvements at the Sanford Main and Auxiliary VVTP's. D. Meet with City Utilities Department engineering and operating personnel and coordinate the basis of design for the facility based on operational experience. E. Prepare the following plan sheets: Cover Sheet Index of Sheets, Standard Abbreviations and Symbols 3 · Site Survey - Sanford Main WTP · Site Survey - Sanford Main WTP · Sanford Main WTP Site Plan ® Sanford Auxiliary WTP Site Plan · Landscaping, Grassing and Irrigation System - Sanford Main WTP · Landscaping, Grassing and Irrigation System - Sanford Auxiliary WTP · Gaseous Chlorination Handling System Demolition Plan - Sanford Main WTP · Gaseous Chlorination Handling System Demolition Plan - Sanford Auxiliary WTP · Sanford Main WTP Sodium Hypochlorite Facility Building Plan · Sanford Main WTP Sodium Hypochlorite Facility Building - Structural Plan · Sanford Main WTP Sodium Hypochlorite Facility Building - Mechanical Plan · Sanford Main WTP Sodium Hypochlorite Facility Building Details · Sanford Main WTP Sodium Hypochlorite Facility Building Details · Sanford Auxiliary WTP Sodium Hypochlorite Facility Building Plan · Sanford Auxiliary WTP Sodium Hypochiorite Facility Building - Structural Plan · Sanford Auxiliary WTP Sodium Hypochlorite Facility Building - Mechanical Plan · Sanford Auxiliary WTP Sodium Hypochlorite Facility Building Details · Sanford Auxiliary WTP Sodium Hypochlorite Facility Building Details · Miscellaneous Details · Miscellaneous Details · Electrical - Sanford Main WTP Site Plan 4 · Electrical - Sanford Auxiliary WTP Site Plan · Electrical - Main WTP Sodium Hypochlorite Facility: Elementary Diagram · Electrical - Main WTP Sodium Hypochlorite Facility: Building Plan · Electrical- Main WTP Sodium Hypochlorite Facility: Schedules and Details · Electrical Auxiliary ~rrp Sodium Hypochlorite Facility: Elementary Diagram · Electrical- Auxiliary WTP Sodium Hypochlorite Facility: Building Plan · Electrical - Auxiliary WTP Sodium Hypochlorite Facility: Schedules and Details · Controls / Instrumentation / SCADA · Controls / Instrumentation / SCADA · Controls / Instrumentation / SCADA F. Prepare structural and building design calculations for the sodium hypochlorite facilities at the Sanford Main and Auxiliary WTP's, G. Prepare chlorine handling facility designs (buildings, sodium hypochlorite handling systems, sodium hypochlorite feet systems, disinfectant conveyance systems, hoists/monorails, stormwater management systems, roadway improvements, etc.) for the sodium hypochiorite facilities at the Sanford Main and Auxiliary WTP's. H. Prepare contract documents for the proposed improvements at the Sanford Main and Auxiliary WTP's. I. Prepare quantities and an opinion of probable construction costforthe proposed improvements at the Sanford Main and Auxiliary WTP's. J. Prepare a preliminary design report and an abbreviated engineering report for the construction of "new" sodium hypochlorite handling facilities at the Sanford Main and Auxiliary WTP's as required by FDEP regulations and the Florida Administrative Code. 5 K. Prepare the FDEP Permit Application Package for the sodium hypochlorite handling facilities at the Sanford Main and Auxiliary VVTP's in permitting the project with FDEP. L. Through an Electrical Subconsultant provide the Electrical Design forthe sodium hypochlorite handling facilities at the Sanford Main and Auxiliary WTP's to meet Class I Reliability Standards. Prepare facility lighting plan and building mechanical plans. Integrate instrumentation, controls and monitoring of equipment with the City's existing SCADA System. M. Submit Plans and Specifications to FDEP-Tallahassee and FDEP-Orlando for review and approval and respond to any Requests for Additional Information (RAI). Coordinate with FDEP-Tallahassee regarding funding of the project under the SRF Program and FDEP-Orlando for engineering and construction permitting approval. 6 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, character of construction, 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, 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, FIodda 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 and easement and right- of-way requirements. 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 including obtaining authorization for use of the Sanford Main and Auxiliary VVTP property(ies) for construction of the sodium hypochlodte handling facilities. D. Make facilities 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. 8 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. 9 SECTION 5 PAYMENT 5.1. Payment for services and expenses of the ENGINEER are to be as set forth below. The ENGINEER agrees to perform the work outlined in this Agreement for a lump sum fee as indicated in the following table. Consultant Survey Subconsultant $6,500 Electrical/Mechanical Subconsultant $t 2,000 Civil/Environmental Engineer $40,500 FDEP Permit Fee ....... $10,000 T o tal: ~,~[;'~_,I~'~ 5.2. 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. 5.4. 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, headng or proceeding will be computed in accordance with the payment method as set forth herein). 5.5. 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 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 10 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 pdces, 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. 11 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 ENGINEER: CPH Engineers, Inc ATTEST & SEAL Project Manager DATE David A. Gierach, P.E. President D:~CPH\Proposals~Amendment 35.wpd 12