HomeMy WebLinkAboutVeolia Water North America - South, LLC First Amendment to Agreement for Utilities Operations, Maintenance, and Management Services - 2020 07 21FIRST 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 First Amendment (the "First Amendment") is entered into as of June 2020 (the
"Effective Date of the First Amendment") by and among The City of Winter Springs
("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");
WHEREAS, Section 10.1.6 of the Original Agreement provides for a change in the scope
of the contract at the OWNER'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, OWNER shall pay VWNA a
"Construction Management Fee" in the amount of $8,500.00 per month for the coordination,
procurement, and construction management work for 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 series of capital improvements to the City's
water treatment system, 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
system projects; and
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 I with the following language:
APPENDIX I
ADDITIONAL WATER WORKS SERVICES
VWNA shall perform the Services described below related to the Water Works program. The
Water Works program includes the following projects: treatment and well improvements at WTP
1, power reliability improvements in WTP 2 and WTP 3, water quality study, a cross connection
control plan, a water reuse expansion to Tuskawilla Crossings, a water plant interconnection plan,
and other similar types of projects.
The Services to be performed by VWNA with respect to the Water Works program include (1)
evaluation and advisory services related to the results of the water quality study and cross
connection control plan; and (2) carrying out activities as already identified in Appendix G for
Construction Management, including assisting the City with Task I Solicitation of External
Engineering Services, Task 2 Engineering/Procurement/Installation Services, Task 3 Design
Management/Bid Phase Services, 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 a local staff member and services will be charged monthly
at an hourly fee of $120 an hour and will be in additional to the charges already listed in Section
8 Compensation of the existing contract. A monthly invoice shall be submitted by VWNA.
Payment shall be made by the City as provided in Section 9.2 of the Agreement.
These additional services are being provided to the City to initially move the Water Works program
forward. The City has asked that services be limited to $42,000 or 350 total hours and is on an as -
needed basis.
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 First Amendment and the terms of the Original Agreement, the terms of this
Amendment shall control.
4. This First Amendment may be executed in counterparts each of which shall constitute
an original and all of which together shall constitute one 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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
duly executed as of the date first set forth above, and delivered by their respective duly authorized
representatives as of such date.
CITY OF WINTER SPRINGS
By:
Name:
6
Title:
Date:
C,..
VEOLIA WATER NORTH AMERICA — SOUTH, LLC
40
d �
By: ...... .......... .................................... V
Name: Steve Kruger
Title: Senior Vice President of Operations
Date: July 1, 2020
0