205-CPH-Amendment 79-83 AMENDMENT No. 79-83
TO THE
AGREEMENT FOR CONTINUING SERVICES
FOR THE DESIGN, PERMITrlNG AND CONSTRUCTION OF
ODOR CONTROL FACILITIES AND BIOSOLIDS MANAGEMENT
SYSTEM IMPROVEMENTS
FOR THE
SANFORD NORTH WATER RECLAMATION FACILITY
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the:~ ~ day of ~-~ , 2004 between the CITY OF
SANFORD, FLORIDA (hereinafter called the ClI~'Y) and CPH ENGINEERS, INC. (hereinafter 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.
SECTION I
PURPOSE OF AMENDMENT
1.1,
Introduction
Recently, the Sanford North Water Reclamation Facility has been generating noxious odors
that have been diffusing throughout the greater downtown Sanford area as well as regions
to the south and west depending upon the direction of the wind. These odors have been
unpleasant to the people working at the facility, within the downtown area and living within
a significant distance of the SNWRF. The Utilities Department has been flooded with
customer complaints regarding said odor and have demanded that the City resolve the
issue immediately as it has affected their quality of life.
Operational modifications related to the performance of the sludge management system
were implemented over a thirty (30) day period but did not resolve the problem. The current
aerobic digestion system is partially undersized based on the current facility operation. The
Sanford 201 Facilities Plan Addendums (2002 and 2004) have called for the installation of
a Class "A" biosolids treatment system to be installed at the SNWRF and the conversion
of the aerobic digesters into sludge holding tanks. These improvements, although
"approved" as part of the City of Sanford's Capital Improvements Program (CIP), 201
Facilities Plan Addendums by FDEP-Tallahassee, and "approved" for SRF funding from
the State of Florida (monies currently available) have not been released for design,
permitting and construction.
Recently, a sixty (60) day "pilot-study" has been completed (April 6, 2004) that was aimed
at using bio-engineered microbial organisms to reduce the amount of volatile suspended
solids (VSS) in the digested sludge; eliminate odors emanating from the aerobic digesters;
reduce polymer costs associated with dewatering the sludge prior to final disposal; and
reduce the energy costs required to digest the sludge by a minimum of twenty-five percent
(25%). The "pilot-study" was only partially successful with respect to VSS reduction and
reduced energy costs. However, there were still malodorous compounds released during
the digestion process which has continued to cause problems and has led to significant
customer complaints. Conversion from the pilot-study back to the previous operation has
significantly contributed to the odor problem due to the re-start up of the aeration system.
Therefore, in order to resolve the current odor issues emanating from the SNWRF expedite
the conversion of the sludge management system from the production of a Class "B" to a
Class "A" biosolids product, and reduce future sludge management system issues, this
Amendment is presented to provide professional engineering services related to resolving
said problems. The improvements required at the SNWRF include the installation of an
odor control system for the current aerobic digesters (future sludge holding tanks), odor
control for the belt filter presses, and the installation of a Class "A" biosolids treatment
system (currently approved and permitted by FDEP-Tallahassee) involving the addition of
a heat drying process("indirect" biosolids dehydrator). Each of these capital improvements
project are eligible for SRF Funding as part of the recently "approved" 201 Facilities Plan
Addendum (February 2004).
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The process of heat drying involves the dehydrating of wet solids through contact with a
heating medium. During the drying process, temperatures as high as 212°F are achieved.
Thus, pathogens and viruses are eradicated, producing a Class "A" or "AA" material, in
accordance with Title 40 of the United States Code of Federal Regulations, Part 503.
Furthermore, the heat drying process is recognized as a process to further reduce
pathogen (PFRP) by the US EPA. Heat transfer is accomplished through a metallic
barrier, which separates the heating medium and the wet solids thereby eliminating the
potential for explosions or fires. The heat dryer will be able to handle the biesolids
generated at the Sanford North Water Reclamation Facility and the biosolids generated in
the first phase of the Sanford South Water Resource Center. The Phase II, expansion of
the Sanford South Water Resource Center would then involve the addition of a smaller
"indirect" heat dryer at that facility. The "new" biosolids drying system is a "batch-operating"
system that utilizes a gas fired hot oil heater to dehydrate solids from 15% solids to 90%
solids, by weight. Since the system is an indirect dryer and the gases are never in contact
with the solids (barrier described above), air emissions are negligible with respect to odor.
The primary benefits of the "indirect" heat dryer versus other Class "A" systems are:
· Significant volume reduction: Volume reduction of solids by a factor of 6
· Significantly short residence time to achieve a Class "A" product ( ~ 3 hrs )
· Lower operation and maintenance costs
· Less operational manpower
· Easy process to operate (fully automated and tied into the SCADA system)
· Minimal space requirements
· Lower capital construction cost
· Consistent attainability of a Class "A" marketable biosolid product
The end product from the system is suitable for a wide range of uses, including soil
amendments, conditioner, or fertilizer without the problems associated with other
Class "A" technologies
· Reduced laboratory and monitoring costs associated with Class "B" sludges from
FDEP and EPA
Use of existing infrastructure to support the proposed system (aerobic digesters
converted into sludge holding tanks - no capital improvements needed for this
conversion after the previously described odor control system is installed)
In order to be eligible for funding through the SRF Program prior to Fall 2004, the
engineering design (plans and specifications) must be complete and submitted to FDEP no
later than July 15, 2004. To expedite the installation of the improvements, the projects
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would be installed by the City's current utility contractor (Wharton-Smith, Inc.) on the
Primary Treatment/ Disinfection System Improvements Project at the SNWRF, via the
change order process, after negotiation of the Contract/Change Order Price to the
satisfaction of the City. This process would greatly reduce the time required to install and
begin operation of the facilities as well as costs associated with the bidding of the Project
as these improvements are necessary immediately.
The work would be subdivided into two phases due to the immediate need to resolve the
current odor control problems associated with the aerobic digestion system with the
following "generalized" sub-elements:
· Phase I: Aerobic Di(~estion System\Belt Filter Press Odor Control
Improvements
Collection of gas sample from the aerobic digestion system.
Speciation analysis by a certified laboratory of the types and
volumetric quantities gases within the sample and causing the
odors.
Based on the type and quantities of malodorous compounds,
design the appropriate odor control system (multi-directional wet
scrubber or biofiltration system).
I~1 Produce design drawings and technical specifications.
Acquire FDEP SRF Funding for project improvements.
Negotiate Change Order with Wharton-Smith, Inc. to their
existing SNWRF Contract.
Provide construction administration services (shop drawings,
inspection services, etc.).
· Phase Ih Class "A" Biosolids Treatment System
Professional engineering design of the Class "A" Biosolids
treatment system and the production of design drawings and
technical specifications.
Permitting of the proposed system with FDEP-Orlando.
Acquire FDEP SRF Funding for project improvements.
Negotiate Change Order with Wharton-Smith, Inc. to their
existing SNWRF Contract.
Provide construction administration services (shop drawings,
inspection services, etc.).
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1.2. Pumose of the Amendment
The purpose of this Amendment is to authorize the Engineer to provide professional
engineering services for the design, permitting and construction administration services
associated with the following improvements at the Sanford North WRF in accordance with
the "approved" Sanford Wastewater Facilities Plan Addendum (2004) and the Sanford
Master Wastewater Management Plan:
Odor control system for the aerobic digestion system and the belt filter presses
(influent hoods).
Class "A' biosolids treatment system ("indirect" heat dryer) and associated
improvements.
New biosolids treatment system to house the "indirect" heat dryer.
Modifications to the existing belt filter press system.
Site piping and valving modifications.
Electrical, Controls and Instrumentation improvements
SCADA system improvements.
~ Sitework.
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.
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SECTION 2
DESIGN AND PERMI'R'ING
2.1.
The ENGINEER has assisted the CITY in applying for a Iow interest SRF Loan for design
and construction of Wastewater and Biosolids Management System improvements
including a Class "A" Biosolids Treatment System at the Sanford North WRF. The planning
has been completed and approved by the CITY and design must proceed to maintain
eligibility of the Project for funding. In order to maintain eligibility of the project for funding
under the SRF Program, all design and permitting must be completed by July 15, 2004.
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 aerobic digestion system/belt filter press odor control system
and Class "A' Biosolids Treatment System at the Sanford North WRF. Through
subconsultants, the ENGINEER will provide needed geotechnical investigations, laboratory
analyses and electrical engineering design services for the Project.
2.2. Specific services of the ENGINEER shall include the following:
A. Coordinate with surveyor to obtain a topographic survey to be used as,,a base for
design of the "new" facilities.
Coordinate with the geotechnical firm employed by the ENGINEER for obtaining soil
borings and recommendations at the Sanford North WRF site for foundation stability
and compaction requirements for all proposed facility structures. Also included will be
general classifications of soils and recommendations regarding drainage and
stormwater detention pond percolation rates and recovery periods as necessary.
C. Prepare a preliminary site layout for the proposed aerobic digestion system and Class
"A" biosolids treatment system improvements at the Sanford North WRF.
D. P. re. pare hydraulic calculations for the proposed treatment facility improvements (air duct
s~z~ng, sludge pumping systems, etc.)
E. Meet with City Utilities Department and Operating personnel and coordinate the basis
of design for the proposed improvements based on operational experience.
F. Prepare structural and building design calculations for the aerobic digestion system
covers and the "new" biosolids drying building at the Sanford North WRF.
Prepare stormwater calculations and assist the CITY in obtaining an MSSW Stormwater
Permit from FDEP for site improvements at the Sanford North WRF.
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H. Prepare the Contract Drawings and Technical Specifications for the proposed aerobic
digestion system and Class "A" biosolids treatment system improvements at the
Sanford North WRF.
I. Prepare quantities and an opinion of probable construction cost for the proposed
improvements at the Sanford North WRF.
J. Prepare a preliminary design report and an abbreviated engineering report as required
by FDEP regulations and the Florida Administrative Code.
Prepare the FDEP Permit Application Package for the improvements at the Sanford
North WRF and assist the CITY in permitting the Project with FDEP. To keep the
Project on schedule, an engineering report will be prepared and the facility
improvements permitted based on said report. This will help to expedite the process
and allow an early project installation of the aerobic digestion system odor control
system.
L. Through an Electrical Subconsultant provide the Electrical Design for the proposed
improvements stated herein at the Sanford North WRF to meet Class I Reliability
Standards. Prepare a facility lighting plan, electrical and controls systems and building
mechanical plans for the proposed improvements. 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 (PAl). Coordinate
with FDEP-Tallahassee regarding funding of the project under the SRF Program and
FDEP-Orlando for engineering and construction permitting approval.
N. Provide professional engineering services in association with the Contract negotiation
of the proposed improvements with Wharton-Smith, Inc.
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SECTION 3
CONSTRUCTION SERVICES
3.1. Construction Administration Services:
The ENGINEER will advise and consult with the CITY concerning the construction
activities and act as the CITY's representative as provided in the General Conditions
of the Contract Documents concerning construction administrative matters as
hereinafter described.
The ENGINEER will attend and represent the CITY at preconstruction, progress and
project closeout meetings with the Contractor, surveyors or layout personnel and
construction quality control testing personnel. The ENGINEER will also review and
monitor Contractor's construction schedule and advise CITY of any anticipated project
delays and/or early completion indicated through such review and through construction
progress observation.
The ENGINEER will make periodic visits to the work site to observe the progress and
report to the CITY as to the amount of work complete, the overall quality of executed
work, and observed impediments to the successful contract completion. The
ENGINEER will not be required to make exhaustive or continuous on-site observations
as to the quality or quantity of completed work; he will not be responsible for the
construction means, methods, techniques, sequences, or procedures or the safety
precautions incidental thereto; the ENGINEER's efforts will be directed toward providing
assurance to the CITY that the completed project will substantially conform to the
contract, plans, and specifications, but he will not be responsible for the
CONTRACTOR's failure to perform the construction work in accordance with said
documents. Based on on-site observation as an experienced and qualified design
professional, the ENGINEER will keep the CITY informed as to the progress of the
work, will endeavor to guard the CITY against defects and discrepancies and will
coordinate with the CITY and the Contractor as to disapproving or rejecting work which
fails to meet the project plans, specifications or other Contract Documents.
The ENGINEER will check and approve shop drawings, catalog data, diagrams,
illustrations, schedules, samples, test and inspection results and other data the
Contractor is required to submit, but only as to conformance with the overall design
concept of the project and compliance with the Plans, Specifications, and other Contract
Documents as well as City of Sanford requirements.
The ENGINEER will issue all instructions of the CITY to the Contractor and prepare
routine Change Orders as required. The ENGINEER may, as the CiTY's
representative, require special inspection or testing of the work (whether or not
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fabricated, installed or completed); the ENGINEER will act as interpreter of the terms
and conditions of the Contract Documents and judge of the performance thereunder by
the CITY and the Contractor and will make decisions on all claims of the CITY and the
Contractor relating to the execution and progress of the work and all other matters and
questions related thereto, but the ENGINEER shall not be liable for the results of any
such interpretations or decisions rendered by him in good faith.
F. Based on the ENGINEER's on-site observations as an experienced and qualified design
professional and on his review of the Contractor's applications for payment, supporting
data, and information received from the CITY, the ENGINEER will determine the
amounts owing to the Contractor and recommend approval in writing of payments to the
Contractor in such amounts; such recommendations to constitute representations to the
City, that are expressions of the ENGINEER's opinion, based on such observations and
review, that the work has substantially progressed to the point indicated and that, to the
best of his knowledge, information and belief, the quality of the work is in accordance
with the Contract Documents (subject to an evaluation of the work as a functioning
project upon Substantial Completion and to the results of any subsequent tests called
for in the Contract Documents and to any qualifications stated in his approval). By
recommending an application for payment, the ENGINEER shall not be deemed to have
represented that he has made any examination to determine how and for what
purposes the Contractor has used the monies paid on account of the Contract Price,
or that title to any of the Contractor's work, materials, or equipment has passed to the
CITY free and clear of any liens, claims, security interests or encumbrances. Such
representations shall at no time be considered as a legal obligation of the ENGINEER.
G. The ENGINEER will, in conjunction with other CITY representatives conduct punch list
and final inspections of the in-place work to determine if the work is completed
substantially in accordance with the plans, specifications and other contract documents.
These inspections shall form the basis for the ENGINEER's review and
recommendation for payment on the CONTRACTOR's final pay request.
H. The ENGINEER will review Contractor provided record drawings/surveys and other as-
built data for installed facilities and bring any apparent discrepancies between the as-
built conditions and the design conditions to the attention of the CITY. Coordinate with
the Contractor regarding provision of the construction record drawings prior to final on-
site inspections and punch list preparation. Prepare and furnish to the City a
reproducible set of record drawings showing those changes made during the
construction based on the data noted above.
The ENGINEERwill prepare statements of completion (qualified if necessary) certifying
completion of the work, and submit statements in accordance with the Contract
Documents, regulatory agencies and CITY requirements.
The ENGINEER shall not be responsible for the acts or omissions of the Contractor or
any of the Contractor's, Sub-Contractors, Agents, Employees, or other persons
performing any of the work under the construction contract, or of others.
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3.2. FDEP S.R.F. Construction Administration Services
^. The ENGINEER will make plan revisions and prepare responses to FDEP.
The ENGINEER will participate in an inspection to determine if the project is
substantially complete with the punch list of items to be corrected (if applicable) and a
final inspection to determine of the project has been completed substantially in
accordance with the Contract Documents and that the contractor has substantially
fulfilled his obligations thereunder so that the ENGINEER may prepare a Certification
of Completion of Construction for submission to FDEP.
ENGINEER will coordinate with FDEP Tallahassee and the CITYto assist in compliance
with the S.R.F Loan Program to maintain eligibility of project costs for financing. As a
minimum during construction, the following must be coordinated with FDEP
Tallahassee;
Request for authorization to award construction contracts or change order
(requires proof of advertising and public bid opening; bid tabulation,
engineer's award recommendation and tentative award resolution):
b. Review and approval of the following:
Executed Contract Documents
Itemized Construction Cost Breakdown
Notice to Proceed
Change Orders
Notification of Substantial Completion (beneficial use of project).
FDEP will also participate in the Pre-Construction Conference and provide periodic
inspections during construction.
D. ENGINEER will prepare monthly S.R.F. Loan Disbursement Requests.
3.3. Construction Inspection Services
Ao
CITY will provide inspection services that will supplement the estimated 12 hours per
week of inspection conducted by the ENGINEER. The ENGINEER will rely on CITY
inspectors in order to fulfill obligations described under paragraphs 3.1 and 3.2.
Based on a 180 day construction phase, the ENGINEER will provide on-site observation
and inspection of installed work and work in progress, and verify Contractor compliance
with plans, specifications, change orders and field directives. The ENGINEER will
observe work during execution to observe construction methods and techniques, and
will selectively inspect delivered materials on-site or at their source (not including
materials testing to be provided by others) as to compliance with the Contract
Documents. Neither full-time observation at any work site nor observation of all work
sites while Contractor is working is anticipated as necessary. If it is determined that,
due to construction progress (or lack thereof) or other related matters that additional
time and cost or other changes than enumerated in this scope of services or in the
attached Plan of Study are required to adequately address the construction inspection
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or administration items; the ENGINEER is obligated to bring this s~tuation to the CITYis
attention and to furnish services as may be agreed upon and to negotiate a change ~n
the authorized fee.
C. Through on-site observations of the work in progress and field checks of installed work,
materials and equipment, the ENGINEER will endeavor to provide further protection for
the CiTY against defects and deficiencies in the work, but this inspection and
observation work shall not make the ENGINEER responsible to find or note all
discrepancies in the work nor for the Contractor's failure to perform the construction
work in accordance with the plans, specifications or other contract documents. Note that
the construction inspection observation and inspections are to be supplementary to
those provided under the Construction Administration Services.
D. The ENGINEER will provide a record of the Contractor's activities throughout the
construction, including notations on the nature and cost of any extra work or changes
ordered during construction; however, the ENGINEER is not responsible for the
performance of the construction contract by the Contractor. In order to maintain a
complete record of activities and changes, the ENGINEER will rely on the CITY to
provide information based on inspections conducted by the CITY.
E. The ENGINEER shall coordinate his inspection services with regulatory agency
personnel as necessary.
F. Soils and materials test results furnished by the Contractor's testing firm shall be
reviewed by the ENGINEER to help determine if backfill and other construction is
properly located and meets the project requirements. The ENGINEER shall maintain
a file of provided copies of test results during the construction process and prior to
approval of the Contractor's final pay request, shall review the plans and test results to
determine whether all required testing is on hand and that all tests reported acceptable
materials, compaction, etc., and that construction is properly located.
G. Limited geotechnical testing, in addition to testing provided by the Contractor, serving
as the CITY's construction quality control, will be provided if determined to be
necessary.
l~. If determinedto be necessary' survey services t° supp°rt c°nstructi°n shall be pr°vided
by the licensed surveyor. Survey services shall consist of assisting the Contractor in
establishing the project benchmark.
Limited geotechnical testing, serving as the CITY's construction quality control, will
be provided if determined to be necessary.
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SECTION 4
SUPPLEMENTARY SERVICES OF THE ENGINEER
4.1
4.2.
4.3.
4.4.
4.6.
4.7.
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, project characteristics and/or
requirements, 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, additional
meeting with the regulatory agencies 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.
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SECTION 5
CITY RESPONSIBILITIES
5.1
In
addition to the specific responsibilities hereinbefore described, the CITY will:
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.
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.
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.
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SECTION 6
SCHEDULE AND PAYMENT
6.1,
Following is the proposed Odor Control Facilities And Biosolids Management System
Improvements Project Schedule:
6.2
O5/O 1/04
05/25/04
O6/25/04
06/25/04
07/15/04
07/26/04
10/26/04
12/26/04
03/30/05
Payment
CPH authorized to proceed
Submit engineering report to FDEP for permitting
Submit plans and specifications for approval to FDEP Tallahassee for
SRF Funding
Submit plans to Wharton-Smith for pricing
FDEP Permit Received
FDEP Tallahassee approval of plans for SRF Funding
Change Order negotiated with Wharton Smith
Change order approved by City Commission
Equipment delivered
Installation complete and start-up of Odor Control Facilities
Complete installation and start-up of sludge heat drying system
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 fee as indicated
in the following table:
Laboratory Cost for Air Sample Analysis $1,500
Soils Subconsultant $1,500
FDEP Permitting Fee $5,000
Electrical/Mechanical Subconaultant $30,000
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6.3.
6.4
6.5
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.
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SECTION 7
GENERAL CONDITIONS
7.1.
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.
7.2,
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 & SE/~..
CITY:
City of Sanford, Florida
/~EST & SEAL
ENGINEER:
CPH Engineers, Inc.
David A. Gierach, President
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