HomeMy WebLinkAboutVeolia Water North America - South, LLC Second Amendment to Agreement for Utilities Operations, Maintenance, and Management Services - 2020 12 11 SECOND AMENDMENT
TO AGREEMENT FOR UTILITIES OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES
BY AND BETWEEN
CITY OF WINTER SPRINGS,FL
AND
VEOLIA WATER NORTH AMERICA—SOUTH LLC
This Second Amendment(the"Second Amendment")is entered into as of November 2020,
the "Effective Date of the Second Amendment", by and among the CITY OF WINTER SPRINGS, FLORIDA
("OWNER), with an address at 1126 East State Road 434, Winter Springs, FL 32708 and VEOLIA WATER
NORTH AMERICA—SOUTH, LLC ("VWNA")with offices at 53 State Street, 14th Floor, Boston, MA 02109.
Owner and Veolia are sometimes referred to herein as"Parties"and each a "Party".
WHEREAS, OWNER and VWNA entered into that certain Agreement for Utilities Operations,
Maintenance and Management Services as of October 21, 2019 (the "Original Agreement") and
Amendment 1 on June 30,2020;
WHEREAS, Section 10.1.6 of the Original Agreement provides for a change in the scope of the
contract at the OWNERS's written request of VWNA and VWNA's written consent to provide additional
services;
WHEREAS,Section 8.7 of the Agreement provides that,for the period of eighteen(18)consecutive
months following the Commencement Date,OWNERS shall pay VWNA a"Construction Management Fee"
in the amount of$8500.00 per month for the coordination, procurement,and construction management
workfor certain Priority Repairs identified in Appendix F of the Agreement,all of which were related solely
to wastewater treatment;and
WHEREAS, OWNER now desires to pursue a capital improvement project at Water Treatment
Plant No 1,which were not included or considered in Appendix F;and
WHEREAS, OWNER and VWNA desire to amend the Agreement to expand the scope of services
to include consulting and construction management services for the Water Treatment Plant No 1
improvement project.
NOW,THEREFORE,in consideration of the foregoing,of the mutual promises of the Parties hereto
and of other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,and intending to be legally bound,the Parties agree as follows:
1. The Original Agreement is amended to add Appendix K,which is attached hereto and incorporated
into the Agreement. VWNA shall perform the Services described in Appendix K for the
compensation described therein.
2. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Original
Agreement.
3. Notwithstanding anything contained herein, in the event of a conflict between the terms of this
Second Amendment and the terms of the Original Agreement,the terms of this Amendment shall
control.
4. This Second Amendment may be executed in counter parts each of which shall constitute an
original and all of which together shall constitute on Agreement.
5. All other terms and conditions set forth in the Original Agreement are hereby affirmed and
restated and will remain in full force and effect during the term of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be duly
executed as of the date first set forth above, and delivered by their respective dully authorized
representatives as of such date.
CITY OF WINTER SPRINGS,FLORIDA
By:
Name: -�-
Title: C�=o
. ..�...........�_,._------------ --- ...................................................._._.....
Date: i-'I, I I , 7-02
VEOLIA WATER NORTH AMERICA—SOUTH, LLC
BY. ......................................._......_..............................
Name: StevenJKruger
Title: sr VP
_ w ...W............_.....................
Date:Nov30,2020
APPENDIX K
WATER TREATMENT PLANT 1 CAPITAL IMPROVEMENT PROJECT
VWNA shall perform the Services described below related to the Water Treatment Plant 1 Improvement
Project which includes the installation of a new header and pipe after the water plants to be used as a
disinfection chamber and associated new chemical feed points and equipment.
The Services to be performed by VWNA with respect to the Water Treatment Plant 1 Capital Improvement
Project include carrying out activities as already identified in Appendix G for Construction Management,
including assisting the City with Task 4 Construction Phase Services,Task 5 Services during Start Up and
Acceptance Testing,and Task 6 Services During Project Closeout.
The scope of work will be carried out by local and regional staff and services will be charged monthly at
an hourly fee of $120 an hour and will be in addition to the charges already listed in Section 8
Compensation of the existing contract and in Amendment 1. A monthly invoice shall be submitted by
VWNA. Payment shall be made by the City as provided in Section 9.2 of the Agreement.
This additional service provided to the City for Water Treatment Plant 1 Improvement Project is limited
to$42,000 in personnel costs or 350 hours plus travel costs related to the project up to$7500.
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Final Audit Report 2020-11-30
Created: 2020-11-30
By: Brooke Morris(brooke.morris@veolia.com) y
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Status: Signed
Transaction ID: CBJCHBCAABAAItgtMRWxA 3zdoCLrMkTjcKe7hmpZKDS
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"Winter Springs Amendment Two (Draft 11-30-2020)" History
Document created by Brooke Morris (brooke.morris@veolia.com)
0
2020-11-30-6:29:51 PM GMT-IP address:104.129.196.74
Document emailed to Steven J Kruger(steven.kruger@veolia.com)for signature rr
2020-11-30-6:31:02 PM GMT
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1, Email viewed by Steven J Kruger(steven.kruger@veolia.com)
2020-11-30-6:31:07 PM GMT-IP address:66.102.8.57 9
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Document e-signed by Steven J Kruger(steven.kruger@veolia.com)
Signature Date:2020-11-30-8:29:54 PM GMT-Time Source:server-IP address:47.200.99.168
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! Agreement completed.
2020-11-30-8:29:54 PM GMT
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