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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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