205-CPH-Amendment 35 EMERGENCY AMENDMENT NO. 35
FOR
CONSULTING ENGINEERING SERVICES
FOR
SANITARY SEWAGE COLLECTION SYSTEM
INFILTRATION / INFLOW
ASSESSMENT AND ENGINEERING SERVICES
IN CONNECTION WITH EMERGENCY REPAIRS
BETWEEN
THE CITY OF SANFORD
AND
CONKLIN, PORTER AND HOLMES-ENGINEERS, INC.
This Emergency Amendment dated ~;' ~ ?/ 1991, by and between the
City of Sanford (hereinafter called the CITY), and Conklin, Porter and Holmes-
Engineers, Inc., (hereinafter called the ENGINEER), is mutually agreed upon and
declared an authorized Amendment for Consulting Engineering Services between the
parties, herein setting forth the scope, terms and conditions of the work herein
authorized.
WHEREAS, the ENGINEER's personnel have previously provided engineering services
to the CITY through amendments to an agreement previously entered into on the
17th day of December 1983, and
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WHEREAS, the ENGINEER has previously provided infiltration / inElow (I/I) and
sewer system evaluation surveys of the Sanford system and are familiar with the
system and will utilize all previous work as much as possible, and
WHEREAS, it has been approximately 12 years since the last work was completed and
the system has had major growth and changes, and
WHEREAS, the Sanford area has experienced heavy and prolonged rainfall and
emergency conditions exist in the sewage collection system with overflows,
sanitary hazards, back-ups, and extremely high flows continuing to arrive at the
Treatment Plant, and
WHEREAS, the CITY is under Consent Order to remove effluent from the lake and
cease discharge and go to land disposal with a limited allowable wet weather
discharge to the St. Johns River and the amount of I/I must be reduced by major
amounts from current levels prior to the effective date contained in the Consent
Order, and
WHEREAS, recent bids received on major construction contracts have been lower
than estimates and significant funds can be made available for the necessary I/I
investigative studies, emergency and other repairs and remedial construction and,
WHEREAS, the CITY forces are unable to undertake the additional investigative
studies and repairs needed beyond those included in their normal.program, and
WHEREAS, the Consulting ENGINEER and his subcontractors have the personnel and
equipment necessary to accomplish the field work involved for Phase I of a three
phase program as an "emergency" program within the next 60 days while it is
anticipated that ground water levels will remain high allowing the investigation,
inspections, and studies to be the most effective, and
WHEREAS, the CITY desires to identify and eliminate the sources of excessive
infiltration / inflow as it represents lost capacity and increased costs and is
extremely critical to the satisfactory operation of the treatment plant and land
disposal system, and
NOW THEREFORE, the CITY and ENGINEER for the considerations named hereinafter
agree as follows:
SECTION I
1.~ Scope of Work:
This "emergency" work is Phase I of a three phase program and is limited
in scope. Phase I will not complete all aspects of the overall program,
but will be a quick evaluation of the system to determine major problems
and to initiate some emergency repairs where deemed advisable. Phase I is
an "emergency"a¢tion consisting primarily of investigative work to study,
prioritize needed repairs, initiate and define areas where further work is
needed. The actual construction cost of emergency construction work which
is anticipated as being performed by the City or separately contracted for
by the City, is not included in the Scope and payment provisions of this
Agreement.
Phase I field work is contemplated to be done quickly (within 60 days of
written authorization to proceed) while ground water conditions remain
high. It is contemplated that Phases II and III will involve more
detailed studies of certain areas determined in the Phase I work, and will
also include document preparation for more normal contracting of later
repair and sewer replacement work. It is anticipated that available CITY
personnel and crews will be jointly involved with the ENGINEER in
supervising and performing investigative work. Additionally, the CITY
will utilize their own cleaning and televising equipment and crews as part
of the work in addition to those provided by the ENGINEER under
subcontract. The Phase I work is to consist of several concurrent parts
as follows:
1,1.1 Gather maps, rainfall data, pump station run times and pumping
rates, reestablish tributary sub systems and evaluate each sub
system of the overall system to locate and determine priorities
for investigative field work to follow.
1.1.2 Prepare General Contract Documents for emergency or normal
employment by the CITY of a construction contractor or contractors
to perform designated, representative construction tasks
anticipated as being needed. These contract documents are to
include rough estimates of the amount of each work item. These
contract documents would he utilized as a unit price basis for
employment by the CITY and determining payment for the
construction work needed as the investigative work progresses.
The general construction contracting would include point repairs
to lines, manhole work and limited line replacements.
1.1.3 Study and recommendations concerning action that the CITY should
consider taking regarding defective and/or leaky sanitary lateral
sewers owned by private property owners and located on their
property and connected to the CITYsanitary sewer system. These
lateral sewers are generally considered as plumbing; installed by
plumbers and inspected by the Building Department as part of the
building connection. Many times, roof leaders and other illegal
connections are found connected to the sanitary system through
laterals. Lateral sewers on private property are known from
previous work to be a major source of I/I and are a significant
factor in the problems of high flows currently being experienced
in the CITY system.
1.1.4 Inflow investigation utilizing the services of one or more CITY
approved subconsultants or subcontractors.
1.1.4.1 Study maps, records, the sewer system previous
reports, and interview CITY employees. Also assist
in planning the field work and schedule and
coordinate the actual performance of the field
work.
1.1.4.2 Establish initial priorities for work to follow
including amount and concentration of work in
various sub systems.
1.1.4.3 Representative physical inspection and smoke
testing of the sub systems in order of priority as
established from Paragraphs 1.1.1, 1.1.4.1 and
1.1.4.2, above. Representative physical
inspections are to include observation for surface
depressions along sewers or around manholes;
opening manholes to check for inflows through tops
and sides; observation to determine if manholes are
too low or in depressions or are located where
surface water can get into them; observation to try
and determine if inlets or other stormwater
connections have been made into the sanitary sewer
system. Physical inspection and representative
smoke testing in sub systems in order of priority
will be jointly accomplished.
1.1.4.4 Study, evaluation, and prioritization of the
results.
1.1.4.5 Determination and recommendation of any major
emergency contract work of very high priority that
needs to be done by either the CITY or private
contractor employed under Paragraph 1.2.2 above.
1.1.4.6 Administration of construction and limited Resident
Project Representative Services on emergency
contracted remedial construction.
1.1.4.7 Summary report of the investigative and emergency
work performed, results, recommendations and rough
estimate of the cost to partially remediate the
deficiencies found.
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1.1.5 Infiltration investigations / analysis utilizing the services of
CITY approved subconsultants or subcontractors:
1.1.5.1 Study maps, records, previous studies and hold
interviews with key CITY employees On infiltration
problems. Also assist in planning the field work
and schedule and coordinate the actual performance
of the field work.
1.1.5.2 Establish initial priorities for work to follow
including amount and concentration of work in
various sub systems.
1.1.5.3 Representative night-time flow isolation/weiring of
the sub systems in order of priority as established
in Paragraphs 1.1.1, 1.1.5.1 and 1,1.5.2 above.
1.1.5.4 Quantification of the results of night time flow
isolation/weiring work and comparison with the
normal tributary area connected population flow
including normal amount of infiltration.
1.1.5.5 Initiate some representative cleaning/tv inspection
of selected reaches based on priorities established
in Paragraphs 1.1.1, 1.1.5.1, 1.1.5.2, and 1.1.5.4
above. It is anticipated that CITY forces and
equipment will be utilized for this work to their
fullest capability, but that additional effort by
subcontractors will he required to accomplish a
significant portion of the work in the short time
available. It is anticipated that additional
cleaning and televising beyond that included in
this initial authorization for Phase I may be
needed at a later date.
1.1.5.6 Categorization and evaluation of the defects found,
including a screening method to determine the need
and approximate effectiveness of fixing different
types of defects for the Sanford case. The cost
effective screening will be done on an individual
sub system basis and the result accumulated on an
overall basis.
1.1.5.7 Determination of any major emergency infiltration
construction contracting work that needs to be done
by either the CITY or private contractors employed
under Paragraph 1.1.2 above.
1.1.5.8 Administration of construction and limited Resident
Project Representation services on emergency
contracted remedial construction.
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1.1.5.9 Summary report of the investigative and emergency
work performed, results, recommendations and rough
estimate of the cost to partially remediate the
deficiencies found.
SECTION II
2.1 Method of Payment
This emergency work has a very indefinite scope which is not possible to
determine in advance with any degree of accuracy. Also, the timing and
available time to accomplish the work is unknown and highly dependent on
weather, groundwater levels and the physical condition and flows that are
found in the sewer system at the time of the work. Costs for emergency
construction contract work as described in Paragraphs 1.1.2, 1.1.4.5,
1.1.4.6, 1.1.5.8, and 1.1.5.9, are not included in this Amendment and are
anticipated as being directly contracted by the CITY.
Payment for work done under this Amendment is to be made on a monthly
basis upon approval of a satisfactory invoice based on payroll cost times
a multiplier of 1.95, plus direct reimbursement for out-of-pocket and
outside consultant (subcontractors) expense. Subcontractor expense will
be increased by 5% to cover administration, professional liability, and
public liability insurance, etc. The initial, maximum authorized fee at
time of execution of this Agreement is $176,000.00. This maximum amount
authorized is based on the estimate shown in Paragraph 2.2 and may be
subject to increase or decrease by written Amendment as the work
progresses:
2.2 Estimate of Costs:
2.2.1 Subconsultant (subcontractor) costs:
2.2.1.1 Inflow/infiltration office work consisting of
record and data analysis and evaluation initially
and periodically during progress of the work.
200 Manhours at $50/hr = $ 10,000.00
2.2.1.2 Physical inspection/inflow evaluation / smoke
testing including equipment of representative
reaches of sub systems, based on performing 4,500
If/day/crew.
30 Crew days at $750/day = $ 22,500.00
2.2.1.3 Night time flow isolation/waiting work (including
eguipment) based on accomplishing 10 locations per
night/crew.
1~ 3-Man Crew nights at
$750/niqnt = $ 11,250,00
2.2.1.4 Normal line cleaning & tying
3,400* 1.f. at $1.50/lf = $ 5,100.00
2.2.1.5 Medium line cleaning & tying
6,500 1.f. at $2.00/li = $ 13,000.00
2.2.1,6 Heavy line cleaning & tying
6,500 1.f. at S2.50/lf = $ 16,250.00
2.2.1,7 By Pass pumping -15 days
at S600/day = $ 9,000.00
2.2.1.8 Office summary, analysis,
evaluation of work & report
writing of completed field
work.
80 Mannours ~ $50.00/manhour = $ 4,000.00
* - City crew would perform an additional 12,600 1.f. of "normal"
cleaning and tying work.
SUBTOTAL ITEM 2.2.1
(Including 5% Increase) ................... $ 95,655.00
Subconsultants (subcontractors)
2.2.2 ENGINEER's Labor and other costs:
2.2.2.1 $ 38,525.64 payroll cost x 1.95 $ 75,125.00
2.2.2.2 Out-of-pocket expenses for
travel prints, xerox,
postage, federal express,
maps, aerials, report
printing, etc. $ 5,250.00
SUBTOTAL ITEM 2.2.2
Engineer's Labor and Other Costs ............. $ 80,375.00
TOTAL AMOUNT AUTBORIZEDUNDER ................ $ 176,030.00
THIS AMENDMENT AT THIS TIME
Subcontractors' & Engineer
(Items 2.2.1 and 2.2.2)
say .... = .... $ 176,000.00
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SECTION III
3.1 Additional Services of the Enqineer:
If authorized in writing by the CITY, the ENGINEER will furnish or obtain
from others additional services of the following types which will be paid
for by the CITY as indicated in Section II.
3.1.1 Additional services due to significant changes in general scope
of the Project or its design.
3.1.2 Revising previously approved studies, reports, design documents,
drawings or specifications.
3.1.3 Preparing documents for alternate bids required by the CITY for
work which is not executed or not contemplated in the $cope of
Work described herein.
3.1.4 Additional services in connection with the project including
services to be furnished by the CITY and services not otherwise
provided for in this Agreement.
SECTION IV
4.1 Personnel and Facilities:
The ENGINEER represents that he has, or will secure at his own expense,
all personnel and equipment required to do the work with his own forces or
will subcontract portions of the work to CITY approved subcontractors.
All personnel engaged in the work shall be fully qualified and properly
equipped.
SECTION V
5.1 General Conditions:
5.1.1 Opinions of Probable Construction Cost:
Since the ENGINEER has no control over the cost of labor,
materials, or equipment, or over the Contractor's methods of
determining prices, or over competitive bidding or market
conditions, his opinions of probable construction cost provided
for herein are to he made on the basis of his experience and
qualifications and represent his best judgment as a design
professional familiar with the construction industry, but the
ENGINEER cannot and does not guarantee that bids or the Project
construction cost will not vary from the opinions of probable cost
prepared by him.
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5.1.2 Successors and Assigns:
The CITY and the ENGINEER each binds himself and his partners,
successors, executors, administrators, and assigns to the other
party of this Agreement and to the partners, successors,
executors, administrators, and assigns of such other party, in
respect to all covenants of this Agreement; except as above,
neither the CITYnor the ENGINEER shall assign, sublet or transfer
his interest in this Agreement without the written consent of the
other. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of any public body
which may be a party hereto, nor shall it be construed as giving
any rights or benefits hereunder to anyone other than the CITY and
the ENGINEER.
5.1.3 Insurance:
The ENGINEER shall secure and maintain such insurance as will
protect him from claims under the Workmen's Compensation Acts and
from claims for bodily injury, death or property damage which may
arise from the performance of his services under this Agreement.
TheENGINEER also agrees to carry Professional Liability Insurance
in an amount mutually acceptable in writing to both parties, but
not more than $1,000,000 and to provide a certificate regarding
the same to the CITY. The ENGINEER will require his technical
subconsultants (subcontractors) to be appropriately insured.
SECTION VI
6.1 CITY's Responsibilities:
6.1.1 Provide access to and to make all provisions for the ENGINEER to
enter upon public and private lands as required for the ENGINEER
to perform his work under this Agreement.
6.1.2 Provide lands, rights-of-way and easements needed.
6.1.3 Provide such legal, accounting and insurance counseling services
as may be required for the Project, and such auditing services as
the CITY may require to ascertain how or for what purpose the
contractor has used the monies paid to him under the construction
Contracts.
6.1.4 Designate in writing a person to act as CITY's representative with
respect to the work to be performed under this Agreement; and such
person shall have complete authority to transmit instructions,
receive information, interpret and define CITY's policies and
decisions with respect to materials, equipment elements and
systems pertinent to the work covered by this Agreement.
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6.1.5 Provide CITY crews and equipment and personnel to assist in the
administration, supervision and performing of the work including
cleaning and tying, and emergency point repair construction work
and pay all salaries, benefits and costs related thereto.
6.1.6 Give prompt written notice to the ENGINEER whenever the CITY
observes or otherwise becomes aware of any defect in the Project.
6.1.7 Obtain approval of all governmental authorities having
jurisdiction over the Project and such approvals and consents from
such other individuals or bodies as may be necessary for
completion of the Project.
6.1.8 Examine all studies, reports, sketches, addenda, change orders,
estimates, specifications, drawings, proposals and other documents
presented by the ENGINEER and shall render decisions pertaining
thereto within a reasonable time so as not to delay the work of
the ENGINEER.
6.1.9 Furnish, or direct the ENGINEER in writing to provide, at the
CITY's expense, necessary additional services as stipulated in
Section III of this Agreement, or other services as required.
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SECTION VII
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year hereinabove set forth.
CITY:
CITY OF SANFORD, FLORIDA
A~'~E~
&
SEAL
By authorit~
the City of Sanford, Florida granted
for the CI~ on the date of:
ENGINEER:
CONKLIN, PORTER & HOLMES
ATTEST
&
SEAL
·
AMEND 35
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