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2009-12TASK ORDER NO. 9 AMENDMENT NO. 2 TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT DATED AUGUST 12, 2003 East Side WRF Additional Construction Phase Services Prepared for: City of Clermont (City} Prepared by: AECOM USA, Inc. (Successor in Interest to Boyle Engineering Corporation) General The City of Clermont (City) is in the process of expanding its East Side Water Reclamation Facility (WRF). The City has requested additional construction phase services for the East Side WRF. These services are described in more detail below: Scope of Services The following presents the specific tasks, which will be performed as part of this Amendment. Because of the nature of this work, certain assumptions have been made in preparing this Amendment. To the extent possible, these assumptions are stated herein and are reflected in the budget for services. If the work tasks required are different from the assumptions presented herein or if the City desires additional services, the resultant changes in scope and budget will serve as a basis for developing an Amendment as agreed to by both the City and AECOM. Unless specifically modified by this Amendment, all services and conditions of Task Order No. 9 remain in full affect. AECOM's scope of services for this Amendment includes the following: Task Group 1-East Side WRF NDPES NOI Permitting AECOM will assist the East Side WRF Contractor, Encore, in preparing the Stormwater Pollution Prevention Plan (SWPPP) and submitting the Notice of Intent to FDEP. Under this Task Group, AECOM will provide the following services: 1.1 Site Visit: AECOM will conduct one site visit to the East Side WRF site for the purpose of reviewing the locations of chemical storage, sludge storage, and the existing drainage patterns. 1.2 SWPPP: AECOM will prepare a draft of the SWPPP and submit to the City for review. 1.3 Revise the SWPPP: AECOM will revise the SWPPP to incorporate City comments. This final version of the SWPPP will be incorporated in the updated operation and maintenance manual for the expanded East Side WRF. 1.4 Prepare Notice of Intent (NOI): AECOM will prepare the NOI and submit it and the SWPPP to FDEP. AECOM 1 March 20, 2009 Task Order No. 9, Am@fld. NO. 2 ES-AddSerAmend 2 1'I-14-OS.doc 1.4 Prepare Notice of Intent (NOI): AECOM will prepare the NOI and submit it and the SW'PPP to FDEP. Task Group 2 -East Side WRF Additional Construction Phase Engineering Services AECOM will provide additional construction phase services for the East Side WRF. These include the following: 2.1 Value Engineering Items: AECOM will research and evaluate value engineering suggestions from Encore. 2.2 Meetings v~~ith City: AECOM will prepare far, attend and summarize two additional meetings with the City and Encore to review the Value Engineering suggestions from Encore. 2.3 Update Bid Documents: AECOM will update the Bid Documents to incorporate the approved Value Engineering items. 2.4 Construction Coordination: AECOM will provide additional construction coordination related to the Value Engineering items, including revising the drawings to incorporate the Value Engineering items. 2.5 Additional Shop Drawings: AECOM will provide additional services related to review of 90 additional shop drawing submittals from the contractor for the East Side WRF expansion. The original Task Order No. 9 only assumed 160 submittals. 2.6 Additional Contract Changes: AECOM will provide additional services related to preparing 20 additional requests for proposed changes as well as additional change orders for the East Side WRF expansion. The original Task Order No. 9 only assumed 10 RPCs and 2 change orders. 2.7 Provide Additional Services of Subconsultants: AECOM will provide additional services from Architect Thomas Cunningham, AIA and EMI Consulting Specialties, Inc. City's Responsibilities Promptly review, comment on, and return AECOM's submittals. Ten (10) days have been allocated in the schedule for each City review. 1. Promptly advise AECOM when the City becomes aware of any defect, deficiency or changed condition. 2. Pay all permit application fees. AECOM 2 March 20, 2009 Task Order No. 9, Amend. No. 2 ES-AddSerAmend 2_11-14-08.doc 3. Provide other such services and assistance as needed to expedite and complete this Project. 4. All information provided to AECOM by the City, and others retained by the City, shall be used without verification. However, AECOM shall use engineering knowledge and experience to identify reasonably identifiable errors. Deliverables (AECOM) AECOM will provide the City the following deliverables: Sufficient sets of each permit application to supply the permitting agency plus one (1) copy for the City's files. Period of Service Receipt of a signed Amendment will constitute anotice-to-proceed (NTP). Otherwise, the schedule will commence when all the requested data have been received by AECOM. The additional design services included in this Amendment will follow the following schedule: • Complete preparation of NOI: Four (4) weeks following NTP. It is expected that services under this Amendment will be complete within 100 days of the notice-to- proceed. Subconsultants AECOM will provided geotechnical engineering and surveying through the use of subconsultants as stated below. Proposals from AECOM's subconsultants are attached to this scope of work (Attachment B). • Instrumentation & Control, HVAC & Plumbing: EMI Consulting Specialties, Inc. • Architecture: Thomas E. Cunningham, AIA, LEED AP Additional Provisions The services described herein will be provided in accordance with the current generally accepted standards of the engineering profession. Certain assumptions have been made in preparing this scope of services. To the extent possible, they are stated herein and are reflected in the budget estimates included in this scope of services. Reasonable material changes between work tasks, or level of effort actually required and those budgeted, may serve as a basis for modifying this scope and budget, as mutually agreed to between City and AECOM. • AECOM is entitled to rely upon the accuracy of historical and existing data and information provided by City and others without independent review and verification. AECOM is not responsible for the means, methods, sequences, techniques or procedures of City and Contractor operations or far safety precautions and programs. AECOM 3 March 20, 2009 Task Order No. 9, Amend. No. 2 E5-AddSerAmend 2_11-14-08.doc Any Opinion of the Construction Cost prepared by AECOM represents its judgment as a design professional and is supplied for the general guidance of City. Since AECOM has no control over the cost of labor and material, or over competitive bidding or market conditions, AECOM does not guarantee the accuracy of such opinions as compared to contractor bids or actual costs to City. Documents, drawings, and specifications; and electronic information/data, including computer aided drafting and design ("CADD"), prepared by AECOM pursuant to this agreement are not intended or represented to be suitable for reuse by City or others on extensions of the Project or on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from AECOM will be at City's sole risk and without liability to AECOM. City assumes full responsibility for such changes unless City has given AECOM prior notice and has received from AECOM written consent for such changes. Electronic data delivered to City is for City's convenience and shall not include the professional stamp or signature of a AECOM engineer or architect. City agrees that AECOM shall not be liable for claims, liabilities or losses arising out of, or connected with the decline of accuracy or readability of electronic data to inappropriate storage conditions or duration. City will require that any construction contractor performing work in connection with the Project hold harmless, indemnify and defend City, AECOM their consultants, and each of their directors, officers, agents and employees from any and all liabilities, claims, losses, damages and costs, including attorneys' fees, arising out of or alleged to arise from the construction contractor's performance of the work described in the construction contract documents, but not including liability that maybe due to the sole negligence of City, AECOM, their consultants, or their directors, officers, agents and employees. City also will require that the construction contractor provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the construction contractor's indemnity, as above required; and such insurance shall include City, AECOM, their consultants, and each of their directors, officers, agents and employees as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of the insurance provided under this paragraph shall not be reduced or prorated by the existence of such other insurance. City will provide a copy of the construction contract documents before they are executed in order that AECOM may confirm that the above requirements have been met. City agrees to forward to AECOM a complete copy of the fully executed construction contract documents. The documents copied to AECOM will include, but not be limited to, the executed agreement, bonds, insurance certificates and endorsements. Compensation AECOM shall be paid in accordance with Section 3 of the Agreement. A budget showing the estimated number of hours and other project fees for the tasks described within the Amendment is presented in the Project Budget (Attachment C). These budgeted amounts were used to determine the lump sum of AECOM 4 March 20, 20Q9 Task Order No. 9, Amend. No. 2 ES-AddserAmend 2_11-14-08.doc Eighty-four Thousand Eight Hundred Eighty Six Dollars ($84,886.00) for Amendment No. 2. AECOM will invoice monthly, based on percent complete for each Task Group as determined by AECOM. Authorization This Amendment serves as an Exhibit to the Consultant Agreement dated, August 12, 2003, between the City of Clermont and AECOM Engineering Corporation, and is hereby incorporated into this Amendment by reference. IN WITNESS WHEREOF, AECOM and CrrY have executed this Amendment No. 2 this oZ (9 T day of March, 2009. "AECOM" AECOM USA, I By: A. Thomas Brown, PE «C~,~ CITY OF CLERMONT By: Harold S. Turville, Jr. District Vice President Attachment A - Subconsultant Proposals Attachment B -Project Budget Mayor AECOM 5 March 20, 2009 Task Order No. 9, Amend. No. 2 ES-AddSerAmend 2_11-1408.doc Attachment A Subconsultant Proposals 135x Lexincton Parkway, A~Qpka, ~L 32712 - 407.889.2x14 4G7.814.G128 Fax - tecarch ~cfl.rr.com ~L AR~014115 ~~~ii i .~C~.[~~(~gc~, AAA, ~~~~ A~ INVOICE FOR ARCHITECTURAL SERVICES ~Qr: 0227£9 DATE: February 27, 2009 TO: BOYLE ENGInEERI~iG CORPORATION 320 East South Street Orlando, FL 32801 A'~C T ELATION: Dwayne R. Kreidler, PE ARCHITECTURAL SERVICES THROUGH THIS DATE FOR; TaskOrder No. 4 -City of Clermont East Side WRF Arrieiidmei~t ~No. 1 Task 3 -Construction Services = $2,000.00 (not to exceed) Balance from invoice 053108 $437.25 Invoice for period ending 02/27J09 $1312.50 (final invoice) TOTAL THIS INVOICE ---------------------------------------------$1,749.?5 --- THAAtK YOU ~JERY MUCH F4R YOUR BUSINESS --- ! ~! L~ S e, ~'~`"'" .~.'~'_ ~3i^vrrt'~°~'7Ei'" ,r#'J7~° j v13~a"~ .rt.:_.~d31 ~. ~ ~" ~~ f~t ~~~Fa ~,~,. .x 3' ~~< - _ . yf~~~~ ~ ~r~`i~y ~*a~ ~,_ f~ -~~ ~° ,~ r f ~ ~! a" Y itianG ~F.w~~1JV ~;3' ~ BLS <'~FEt."'E ~ f Attachment B Project Budget .~+ m U m ~O a` O L d v 4. 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