205-CPH-Amendment 76-83 AMENDMENT NO. 76-83
TO THE
AGREEMENT FOR CONTINUING SERVICES
FOR THE OPERATIONS PERMIT RENEWAL FOR THE
SANFORD SOUTH WATER RESOURCE CENTER
AND
PERMIT MODIFICATION FOR THE
SANFORD NORTH WATER RECLAMATION FACILITY
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the ~-~ ~ day of ~/~47~ ~C-~ , 200/4/between the CITY OF
SANFORD, FLORIDA (hereinafter called the CITY) and CPH ENGINEERS, I NC. (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 Resource Center is currently operating under FDEP
Operations Permit No. FLA181714 which expires on September 7, 2004. 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 ail 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 7, 2004.
The Operations Permit Renewal Package shall be considered timely and sufficient
through submission of the following information, prior to March 7, 2004:
· FDEP Wastewater Permit Application Form 1 - General Information
· Sanford South Water Resource Center- Site Location and U.S.G.S. Maps
· FDEP Wastewater Permit Application Form 2A - Domestic WWTF's
· Sanford South Water Resource Center- Site Plan
· Sanford South Water Resource Center- Process Flow Schematic
· Capacity Analysis Report
· Reuse Feasibility Study
· Binding Agreements and Documentation of Controls on individual Users of
Reclaimed Water
· Monitoring and Operating Protocol
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· Additional Documentation
1. Current and Potential Reclaimed Water Sites
2. Reclaimed Water System Documentation
CPH Engineers, Inc. has provided the required professional engineering services
for the generation of all required permitting documentation, reports, etc. for the
Operations Permit Renewal for the Sanford South Water Resource Center in
accordance with the Rules and Regulations of the State of Florida and FDEP.
SECTION 2
PROFESSIONAL ENGINEERING SERVICES
2.1
Professional Enq neerin.q Services
Under this Agreement, the ENGINEER shall provide the following professional
engineering services for the Operations Permit Renewal for the Sanford South
Water Resource Center. 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 South Water Resource Center - 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
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.
2.1.4
Sanford South Water Resource Center - Site Plan
Preparation of a Facility Site Plan for the Sanford South WRC 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 - Process Flow Schematic;
Preparation of a "CorelDraw" Process Flow Schematic for the Sanford South
WRC in accordance with the permit renewal requirements and Chapter 62-
620, F.A.C.
2.1.6 Capacity Analysis Report (CAR)
As part of the Application for Operations Permit Renewal, CPH will generate
a Capacity Analysis Report (CAR) in accordance with Chapter 62-604, FAC.
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.
· Anticipated monthly average flows and loadings.
· Seasonal flow and loading variations.
· Flow projections for the next ten (10) 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.
Update of flow-related and loading information contained in the most
recent preliminary design report.
2.1.7 .Reuse Feasibility Study
The St. Johns River Water Management District (SJRWMD) 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
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"Guidelines for Preparation of Reuse Feasibility Studies for Applicants
Having Responsibility for 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.
2.1.8 Bindinq Aqreements 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.
2.1.9 Monitorinq and Operatin.q Protocol
Update the Sanford South Water Resource Center 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.
2.1.10
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
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SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1
3.2.
3.3.
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.
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:
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.
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SECTION 6
MISCELLANEOUS
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 Amend ment 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
ATTEST & SEAL
ENGINEER:
CPH Engineers, Inc.
~ries
Vice-President
DATE
David A. Gierach
President
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