2008-096 Purchasing - Coulter, Jewell & Thames Amendment for Professional Services Northern Park Septic Project

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3 In preparing this proposal, Coulter Jewell Thames P.A. solicited the professional services of AQWA who will assist Coulter Jewell Thames P.A. with the design, lay-out, and other items of the proposed on-site wastewater treatment system for the Northern Human Services Center /Park. AQWA is the firm that represents and supplies the AdvanTex Wastewater Treatment System to whom Orange County had consulted with in the past to perform preliminary designs. It is Coulter Jewell Thames P.A. understanding that Orange County based past design decisions assuming that an AdvanTex Wastewater Treatment System would be used at the Northern Human Services Center / Park and that final designs for this Project would require design layouts that follow guidelines for installing an AdvanTex Wastewater Treatment System at the Site. It is because of this history between Orange County and AQWA and AQWA's experience with the AdvanTex Wastewater Treatment System that, for this proposal, Coulter Jewell Thames PA. is retaining the services of AQWA to assist with the remaining design to complete this Project. The cost for retaining the services of AQWA for this Project is included in the proposal A condition of this proposal is that Orange County state in writing to Coulter Jewell Thames P.A. its desire to base designs for the on-site sanitary sewer treatment system at the Northern Human Services Center /Park using the AdvanTex Wastewater Treatment System as a sole source. The AdvanTex Wastewater Treatment System is proprietary. Selection of the AdvanTex Wastewater Treatment System by Orange County at the Northern Human Services Center /Park preceded Coulter Jewell Thames P.A. involvement with this Project. This proposal does not include design costs to perform multiple treatment system designs. Multiple treatment system designs would be required to abide by laws that govern the design, permitting and construction of public projects to avoid conflicts between public law and proprietary issues if the AdvanTex Wastewater Treatment System is not used as an approved sole source. Should multiple treatment system designs be required for any reason, further compensation would be required by Coulter Jewell Thames P.A. for this Project. The Orange County Engineering Department has had past experience with the AdvanTex Treatment System and appeared to be comfortable basing a1I design decisions for this Project using the AdvanTex Wastewater Treatment System. Coulter Jewell Thames P.A. Contract with Orange County dated 11/9/2007 did not require any involvement and subsequent liability associated with designs using the AdvanTex Wastewater Treatment System. The original terms of the 11 /9/07 Contract states that Coulter Jewell Thames P.A. will be held harmless "of any responsibility relative to the process and treatment of wastewater being performed by the on-site sanitary sewer facility that will serve the Northern human Services Center. Process design and associated kinetics and the quality of treatment of the wastewater for the Northern Human Services Center will be the sole responsibility of Orange County". The proposal being provided does not alter or change the language of the 1 l /9/2007 Contract as it relates to the above remarks in quotation. As previously stated, for this contract amendment to be acceptable to Coulter Jewell Thames P.A., Orange County will state in writing to Coulter Jewell Thames P.A. that the design required for the on-site wastewater treatment system will be based on the AdvanTex Treatment System. An additional statement at this tune also needs to be made that acceptance of this proposal does not alter or change the language as written under the "Description" in the 11/9/07 Contract. Otherwise, Coulter Jewell Thames P.A. would be subject to unacceptable liabilities. Attached hereinafter is an estimate of cost from Coulter Jewell Thames P.A. to provide additional engineering services to perform remaining designs, permitting, bidding and construction phase services for the on-site sanitary sewer treatment system at the Northern Human Services Center /Park. Should this proposal and the stipulations stated herein be acceptable to Orange County, please notify us is writing and sign the Proposal at your earliest convenience. We look forward to a favorable response and are prepared fA start work immediately to bring this Project to a successful completion. Very truly yours, ~itsttaiW~~ c~.~. James W. Thames P.E. Vice President Coulter Jewell Thames P.A.