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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 -1- 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. -4- 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. -5- 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 -7- 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. -8- 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. -9- 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. -10- 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 -11-