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<br />42. <br /> <br />AMENDMENT NO 1 TO <br />PROFESSIONAL SERVICES AGREEMENT FOR THE <br />W ASTEW A TER TREATMENT PLANT MODIFICATIONS PROJECT <br /> <br />ThIS IS Amendment No 1 to the ProfessIOnal ServIces Agreement dated July 14, 2003 (the <br />"Agreement") between the CIty of San Marcos, (the "CIty"), 630 E. Hopkms, San Marcos, Texas <br />78666 and CH2M HIll, Inc (the "Engmeer"), 9311 San Pedro Avenue, SUIte 800, San AntOnIO, <br />Texas 78216, related to the CIty'S Wastewater Treatment Plant ModIficatIOns Project (the <br />"ProJ ect") <br /> <br />The CIty and the Engmeer, m consIderatlon of the mutual covenants contamed m thIS <br />Amendment No 1, agree to amend the Agreement as follows <br /> <br />1) Amend SectIOn 1 1, Standards of Performance, by addmg a new subsectlon 1 1 7 as follows <br /> <br />1 1 7 The Engmeer WIll prOVIde a "Process Guarantee" for the followmg components of <br />the WWTP deSIgned by the Engmeer or ItS subcontractors under thIS Agreement <br /> <br />a) Odor Control Improvements - IdentlficatIOn of odor sources and strengths, <br />preparatIOn of odor system treatment reqUIrements, evaluatIOn and recommendatlon <br />of an odor treatment vendor and deSIgn of contamment and conveyance of the foul <br />au; <br /> <br />b) Liquid Treatment Improvements - BIOlogIcal phosphorus removal system based <br />upon current NPDES permIt lImIts for Water QualIty at the permItted flow of 9 0 <br />MGD Improvements to the headworks and pIpmg modIficatIOns to provIde hydraulIc <br />capaCIty of 30.2 MGD <br /> <br />c) Solids Handlinl! Improvements - DeSIgn of solIds handlmg facIlItles for <br />dewatenng, screenmg, stonng and loadmg of solIds for landfillmg, mcludmg odor <br />contamment. <br /> <br />If any of these components falls to perform to Its performance standards as detalled m the <br />Engmeer's Fmal Report - Wastewater Treatment ModIficatIOns Project, Volumes I and II, <br />dated January 2004, and the Engmeer's Supplemental SolIds Treatment EvaluatIOn dated <br />May 17, 2004, the Engmeer wIll at ItS own cost, evaluate the defiCIenCIes, re-perform <br />deSIgn servIces, perform constructIOn admmIstratIOn servIces, and pay to the CIty the <br />constructIOn costs for all Improvements and modIficatIOns to the WWTP that are <br />necessary to meet the performance standards. However, the Engmeer WIll not be <br />responsible for performance fmlures to the proportIOnate extent caused bY' <br /> <br />1 Influent quantlty or qualIty that IS matenally dIfferent from the baSIS of the deSIgn. <br /> <br />2 Improper operatIOn or mamtenance of the WWTP The Engmeer reserves the nght <br />to test and demonstrate proper operatIOns and mamtenance to achIeve the <br />performance standards. <br />