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205-CPH-Amendment 85-85 AMENDMENT NO. 85-85 TO THE AGREEMENT FOR CONTINUING SERVICES FOR THE OPERATIONS PERMIT MODIFICATION FOR THE SANFORD 8OUTH WATER RESOURCE CENTER AND 201 FACILITIES PLAN ADDENDUM FOR THE SANFORD WA8TEWATER MANAGEMENT SYSTEM BETWEEN THE CITY OF SANFORD, FLORIDA AND CPH ENGINEERS, INC. This Agreement made on the ~¢)~---~ day of"-~/'l/'~_ ¢~L.~ , 2005 between the CITY OF SANFORD, FLORIDA (hereinafter called the CITY) and CPH ENGINEERS, INC. (hereinafter 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 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 The Sanford South Water Resoume Center (SSWRC) was designed, permitted and an SRF Loan acquired for the City of Sanford by CPH Engineers, Inc. The SSWRC Project was bid on January 31,2005 and the lowest, responsive, responsible bidder was determined to be Wharton-Smith, Inc. of Lake Monroe, Florida. Due to increased costs associated with the skyrocketing prices of concrete, steel, rebar, stainless steel and other building materials, CPH Engineers, has provided professional value engineering services to modify the treatment facility to provide all of the required treatment facility unit operations and processes and reduce the overall construction cost of the Project. As a result, the following work items will need to be generated and submitted to the respective regulatory agencies by April 15, 2005 in order to keep the Project on Schedule: FDEP Operations Permit Modification Report and all supporting documentation, plans and specifications and wastewater permit application forms shall be generated and submitted to FDEP-Orlando · 201 Facilities Plan Addendum (2005) shall be generated with all supporting documentation shall be generated and submitted to FDEP-Tallahassee. · Addressing of all RFl's from the Department. CPH Engineers, Inc. has provided the required professional engineering services for the generation of all required permitting documentation, reports, etc. for the "current" Operations Permit for the Sanford South Water Resource Center and 201 Facilities Plan Addendums for the Sanford Wastewater Management System Service Area in accordance with the Rules and Regulations of the State of Florida and FDEP. 2 SECTION 2 PROFESSIONAL ENGINEERING SERVICES 2.1 Professional Enqineerinq Services Under this Agreement, the ENGINEER shall provide the following professional engineering services for the Operations Permit Modification of the Sanford South Water Resource Center and generation of a 201 Facilities Plan Addendum (2005) to support the State Revolving Fund (SRF) loan required for construction funding of the SSWRC. 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 FDEP Wastewater Permit Application Form 2A - Domestic WWTF's Preparation of this Permit Application Form and all accompanying documentation for the CITY's review, comment and signature. 2.1.3 Sanford South Water Resource Center- Site Plan Preparation of a revised Facility Site Plan for the Sanford South WRC in accordance with the permit renewal requirements and Chapter 62-620, F.A.C. 2.1.4 Sanford South Water Resource Center - "Revised" Process Flow Schematic Preparation of a "Corel Draw" Process Flow Schematic for the Sanford South WRC modifications in accordance with the permit renewal requirements and Chapter 62-620, F.A.C. 3 2.1.5 Sanford South Water Resource Center- "Abbreviated" Engineerinq Repod Preparation of an "abbreviated" engineering report supporting the treatment facility unit operation and process modifications made during the value engineering process. The report shall include all construction and engineering modifications and shall include all changes made to the Contract Documents in accordance with the requirements of Chapter 62-620, F.A.C. 2.1.6 201 Facilities Plan Addendum (2005) To secure the SRF Loan from the State of Florida for the construction of the SSWRC, the existing 201 Facilities Plan will need to be modified to incorporate all of the value engineering changes that have been made since the previous Facilities Plan (2003), outlining the construction of the SSWRC, was approved. 2.1.7 Additional Documentation CPH will provide or produce any additional documentation required to meet requirements for the Operations Permit Modification and the 201 Facilities Plan Addendum. 4 8ECTION 3 SUPPLEMENTARY SERVICES OF THE ENGINEER 3.1 3.2, 3.3, 3,4, 3,5. 3.6, 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, 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. 5 SECTION 4 CITY RESPONSIBILITIES 4.1 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. 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. 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. 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. 6 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. 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. 7 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: Civil / Environmental Engineering Professional Services with the generation of the following items to the SSWRC permit and SRF Loan: Operations Permit Modification $6,500 · 201 Facilities Plan Addendum (2005) Operations Permit Modification Fee to FDEP (SSWRC) $1,000 5.2. 5.3 5.4 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 PAYMENT 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. 9 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 TITLE ENGINEER: CPH Engineers, Inc. ATTEST & SEAL Benjamin M/Fr' Vice-President DATE 10