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205-CPH-Amendment 39 Conkiln, Porter and Holmes (~ ~ANFORD, FLOR}DA 32772-2808 TEL407-322-6841 TEL407*831-5717 MEMORANDUM E~ ,~o~ TO: William A. Simmons, P.E. ~ City Manager FROM: B.C. Conklin, P.E. ~ff Executive Vice President DATE: December 17, 1992 SUBJECT: Amendment 39 - Elimination of Combined Sewer Overflows and Storm Water Inlets From the Sanitary Sewer Collection System We are enclosing for your review and signature, three copies of Amendment No. 39, as described above. We understand the "draft" copy of this Amendment was approved at the recent City Commission meeting. Please return one fully executed ,copy for our files. We look forward to worldng with the City on this project. 1217MEM1 .jms Amendment 39 To Agreement for Consulting Engineering Services For Elimination of Combined Sewer Overflows And Storm Water Inlets From the Sanitary Sewer Collection System Between The City of Sanford, Florida And Conkiln, Porter and Holmes-Engineers, Inc. This Agreement made on the/~' day of ¢']/~/_/Z,,-l:,.,.,~,F~ , 1992 between the CITY OF SANFORD, FLORIDA (hereinafter called the CITY) and CONKLIN, PORTER AND HOLMES-ENGINEERS, INC. (hereinafter called the ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement dated December 7, 1983, between the parties, herein setting forth the scope, terms and conditions of the work herein authorized. It is the intent of this Amendment to provide for engineering services consisting of studies, field surveys, final designs, construction plans, specifications, and limited construction services to eliminate combined sewer overflows and/or stormwater inlets from the sanitary sewer collection system at four specific locations designated herein. In case of any conflict between this Amendment and the aforementioned Agreement of December 7, 1983, this Amendment shall govern for the work described herein. -1- All other Amendments which have been previously executed provided for other municipal engineering services and have no applicability to the services covered by this Amendment. WHEREAS, the CITY has previously completed the major portion of a vacuum sewer collection system to separate the sanitary sewer flows from stormwater flows in combined sewers in the downtown area, and WHEREAS, the CITY has previously performed or had performed Infiltration/Inflow work to eliminate storm water and other extraneous flows from the sanitary sewer collection system and has implemented remedial separations and repairs consist!ng of construction of replacement sewers, grouting and sealing of sewers, elimination of leaping weirs, and combined sewer overflows as well as eliminating numerous street inlets and other sources of direct stormwater or other extraneous water connections from the sanitary collection system, and WHEREAS, previous study work has shown that the elimination of combined sewer overflows/direct connection of street inlets to the sanitary system at the four specific locations which are the subject of this Amendment, require additional studies, field surveys, final designs, construction plans, specifications, and limited construction administration services to accomplish the separation / elimination of storm water from the sanitary system, NOW THEREFORE, THE CITY AND THE ENGINEER for the considerations named hereinafter agree as follows: Section 1 Scope of ENGINEER'S Work 1.1 General Except as may otherwise be specifically limited in this Agreement, the services to be rendered by the ENGINEER shall include all services required to complete the task to the extent of the scope of work as defined and set out in this Agreement and Exhibit B (Plan of Study) and attached hereto and made a part of this Amendment, The hours of work for each pay classification shown in the Plan of Study are based on the ENGINEER'S best estimate of the time and cost to complete the work. However, it is understood that the scope of the work required is indefinite because of the lack of suitable drainage outlets and information on the existing sewer -2- system and other buried utilities in the designated areas. There is a possibility of reconnecting some of these lines to F.D.O.T. systems to which the lines once were connected, but it is uncertain as to whether F.D.O.T. will allow the reconnection. There also are other significant permitting, water quality, and other questions which cause major uncertainties in contract performance and do not allow costs to be estimated with sufficient accuracy to use a fixed price contract. If the contract conditions cause the costs to approach the target cost ceiling, the ENGINEER is obligated to bring this situation to the CITY"S attention and negotiate a change in the Target Cost Ceiling. Services provided under this Amendment will be funded in part through a Construction Grant administered by the U.S. Environmental Protection Agency (hereinafter called "EPA") or the Florida Department of Environmental Regulation (FDER). Thus, certain EPA Special Contract Conditions are attached hereto as Exhibit A and are made a part of this Amendment as if totally repeated herein. In addition, the provisions of CFR Title 41, Subpart 1-15.2 and CFR Title 41, Subpart 1-7.202, in effect on the date of execution of the Amendment, are incorporated herein by reference and shall apply to this Agreement with full force and effect and are as much a part of this Agreement as if they were repeated totally herein. EPA Form 5700-41, Cost Price Summary, is attached as Exhibit C and is hereby made a part of this Agreement. The Memorandum of Negotiation between the CITY and the ENGINEER dated December 16, 1992, and attached as Exhibit D is hereby made a part of this Agreement. 1.2.2 Detailed Scope Previous vacuum sewer and infiltration/inflow work has shown four specific locations needing detailed studies of possible outlets, alternative routes and connection points, and capacity analysis; determination of permitting (if any) or approval requirements, field surveys; final designs; construction plans; quantities and opinions of probable cost to construct; and construction administration services to implement the separations and/or provide outlets at the following locations: · 2nd Street and Cedar Avenue (eliminating connection of two street inlets each at 2nd Street and Holly and 2nd Street and Maple) -3- · 4th Street to 2nd Street via Rose and Lakeview (eliminating four street inlets on 4th Street near Willow Avenue) · Eliminating the connection of 2 street inlets at Locust and 2nd Street · 2nd Street and Laurel Avenue (eliminating a leaping weir and nineteen (19) street inlets from 2nd Street through 8th Street on Laurel Avenue). SJRWMD and/or FDER permitting is not included in the scope of work nor in the cost estimate, but work involved in attempting to obtain an exemption from permitting from these agencies and permission to reconnect to the F.D.O.T. system is included. It is anticipated that the project will be presented to F.D.E.R. as a change (addition) to the Vacuum Sewer System permit and that no permitting will therefore be required from either F.D.E.R. or from the St. Johns River Water Management District because of the relationship of the work to the sanitary sewer vacuum system previous permit, and the interagency agreement between F.D.E.R. and S.J.R.W.M.D. It is anticipated that the construction work involved will be added by negotiated change order to the contract of a contractor already in the employ of the City on the Vacuum Sewer or a related grant-funded project. It is anticipated that the City will provide the detailed resident project representative (inspection) services. The ENGINEERwill provideconstruction administration services including preparation of change orders, negotiation of pricing, grantcoordination and paperwork; coordination with F.D.O.T. and other regulatory agencies; general coordination and administration of resident project representative on the project; review of submittals including shop drawings, materials, and pay estimates; witnessing of tests; certification of completion of construction; and preparation of record drawings based on marked up prints to be furnished by the construction contractor. Prints of the record drawings so prepared by the ENGINEER will be sent to the CITY for CITY inspector's review and markup; changes will then be made to the originals and a set of final mylars furnished to the CITY. Also following the one year performance period the ENGINEER will perform a performance certification review with appropriate statements or certifications required. Section 2 Additional Services of the ENGINEER 2.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the following additional services, or the CITY may provide these services which will be paid for by the CITY as indicated in Section 3. 2.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, or character of the work. 2.1.2 Revising or supplementing previously approved studies, reports, design documents, drawings or specifications. 2.1.3 Preparing documents for alternate bids required by the CITY for work which is not executed or not contemplated in the Scope of Work described herein. 2.1.4 Investigations involving detailed consideration of operations, maintenance, and overhead expenses; and the preparation of rate schedules, earnings, and expense statement, feasibility studies, appraisals and. valuations; detailed quantity surveys of material and labor; and material audits or inventories required for certification of force account construction performed by the CITY. 2.1.5 Additional services resulting from manufacturers, public, or contractor protests. administrative hearings, or similar matters. 2.1.6 Additional services in connection with the project including services normally furnished by the CITY as described in Section 7 herein and services not otherwise provided for in this Agreement. 2.1.7 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Environmental Protection Agency, the Florida Department of Environmental Regulation, the St. Johns River Water Management District, or other regulatory agency requirements not previously specified or included. 2.1.8 Preparing to serve and/or serving as an Expert Witness for the CITY in any litigation, public hearing, condemnation proceeding, right-of-way or easement acquisition or negotiation, or other legal / administrative proceeding involving the project. -5- 2.1.9 Additional engineering services required because the project does not meet it's performance criteria. 2.1.10 Legal or boundary surveys and legal descriptions, sketches and rights-of-way maps needed by the CITY for the acquisition of land, easements, or rights-of- way or needed for establishment of existing land boundaries, easements, or rights-of-way for construction or other purposes. Section 3 Payment 3.1 Payment Payment for services and expenses of the ENGINEER to be as set forth below: 3.1.1 Principals and Employees of the ENGINEER. As consideration for providing professional engineering services as set for in Section I of this Agreement, the CITY shall reimburse the ENGINEER all allowable, allocable costs that are incurred in the performance of this contract up to the Target Cost Ceiling of $29,453.91 (exclusive of Fixed Fee) which will not be exceeded without formally amending this Agreement prior to incurring Additional Costs. The CITY will also pay the ENGINEER a Fixed Fee of $4,418.08 which may not change except in the case of an Amendment to this Agreement as a result of changes in the scope of work. Fixed Fee or profit is defined as the net proceeds obtained by deducting allowable costs (direct and indirect) from the price of the contract which includes the Target Cost Ceiling and the Fixed Fee. 3.1.2 The ENGINEER's allowable and allocabie costshall consist solely of the amount of the ENGINEER's direct labor dollars expended in completing the scope of work, plus an amount for indirect cost, overhead and fringe benefits expressed as a percentage for ease of billing, plus the actual cost of the ENGINEER for other direct expenses allocable directly to the Project and not included in indirect cost. 3.1.3 The ENGINEER's direct labor dollars are defined as the amount of the actual salaries and/or wages of the ENGINEER's employees workingon the project. 3.1.4 Pending establishment of final overhead rates for any period, the ENGINEER shall be reimbursed for allowable and allocable indirect costs not claimed elsewhere, at the provisional rate of 147.00 percent of direct labor dollars, -6- which may, at the request of either party, be revised for billing purposes by mutual consent. 3.1.5 Other direct expenses are defined as the actual costs incurred on and directly for the project (other than the direct labor and indirect costs as hereinbefore defined). Such direct expenses shall be reimbursed on the basis of actual purchase price for items obtained from commercial sources and on the basis of actual cost exclusive of any mark-up or profit for items provided by the ENGINEER or any division, subsidiary, affiliate or organization of the ENGINEER under the ENGINEER's "common control" as defined by the 41 CFR 1-15.2 cost principles. Other direct expenses shall include, but not be limited to, necessary transportation and travel costs, laboratory testing, reproduction, blueprinting costs, subcontracted surveying, electrical, and other similar allowable direct project expenses. 3.1.6 It is anticipated that the allowable, allocable and eligible costs to the CITY for the services to be provided by the ENGINEER, exclusive of fixed fee, shall not exceed the Target Cost Ceiling as set forth in paragraph (a) above, and the ENGINEER agrees to commit his best efforts to perform the specified services and all obligations under this agreement within such Target Cost Ceiling. 3.1.7 If, at any time, the ENGINEER has reason to believe that the costs which he expects to incur in the performance of this Agreement in the next succeeding 90 days, when added to all costs previously incurred, will exceed the target cost ceiling then set forth for the service, the ENGINEER shall immediately notify the CITY in writing to that effect; giving the revised estimate of such target cost ceiling for the performance of this contract and requesting an amendment to the Agreement. The CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the estimated cost set forth in paragraph (a) and the ENGINEER shall not be obligated to continue performance under the contract or otherwise to incur costs in excess of the target cost ceiling set forth unless and until the CITY shall have notified the ENGINEER in writing that such Target Cost Ceiling has been increased and shall have specified in such a notice a revised Target Cost Ceiling, which shall thereupon constitute the estimated cost of performance of this Contract. In the absence of the specified notice, the CITY shall not be obligated to reimburse the ENGINEER for any costs in excess of the estimated Cost Ceiling, whether those excess costs were incurred during the course of the contract or as a result of termination. Section 4 Personnel and Facilities 4.1 The ENGINEER represents that he has, or will secure at his own expense, all -personnel required in performing the services under this contract, except as provided elsewhere herein. All personnel engaged in the work shall be fully qualified. Section 5 General Conditions 5.1 Opinions of Cost Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over the Contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable construction cost provided for herein are to be 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. 5.2 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 CITY nor 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. -8- 5.3 Prosecution of the Work The ENGINEER shall commence work on the Project within seven (7) calendar days after receipt ofthe written notice to proceed. This Agreement is based on a period of four (4) months from Notice to Proceed through completion of the outlined work except for the performance certification at the end of the one-year performance period. The period of performance of the ENGINEER's contractshall remain in force from the date of execution of this Amendment until a one-year period has elapsed from the date of completion of the construction work associated with the design work outlined herein, or no later than March 1, 1994. Section 6 Insurance 5.1 The ENGINEER shall secure and maintain such insurance as will protect him from claims under the Workers'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. The ENGINEER 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 shall also require all of his professional consultants to carry Professional Liability Insurance in an amount no less than $200,000 unless otherwise approved by the CITY in writing. Section 7 CITY's Responsibilities 7;1 The CITY will: 7.1.1 Guarantee access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. 7.1.2 Advertise for proposals from bidders, open the proposals at the appointed time and place, and pay for all costs incident thereto. -9- 7.1.3 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 agreements. 7.1.4 Advise the ENGINEER of his requirements for the project and designate a person to act as the CITY's representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions pertinent to the work covered by this Amendment. 7.1.5 Provide all land easements and rights~of-way, leases and other Agreements, needed for construction of the project in a timely manner. 7.1.6 Give prompt written notice to the ENGINEER whenever the CITY observes or otherwise becomes aware of any defect in the Project. 7.1.7 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. 7.1.8 Examine all studies, reports, sketches, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER or the Contractor. 7.1.9 Furnish or direct the ENGINEER in writing to provide at the CITY's expense any additional services not designated in Section 1, if advised by the ENGINEER and CITY concurs that they are necessary. -10- IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. CITY: City of Sanford Florida ATTEST & SEAL ~,/-Z~/'~9 :~'~ ENGINEER: Conkiln, Porter & Holmes - Engineers, Inc. A EST & SEAL Date: -11- EXHIBIT A EPA SPECIAL CONTRACT CONDITIONS 1. Patents Data and Copyrights Clause 1.1 The ENGINEER shall conform to and abide by all EPA regulations pertaining to reporting and patent rights involving research, developmental, experimental or demonstration work with respect to any discovery or invention which arises or is developed in the conduct of work under this Agreement. The ENGINEER shall also comply with EPA requirements and regulations pertaining to copyrights and rights in data contained in 40 CFR Part 30. 2. Violating Facilities Clause 2.1 The ENGINEER shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11728, and EPA regulations (40 CFR Part 15) which prohibits the use of facilities on the EPA List of Violating Facilities. 3. Energy Efficiency Clause 3.1 The ENGINEER shall comply with mandatory standards and policies on energy efficiency contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) for any work performed under this Agreement. 4. Model Subagreement Clause 4.1 The following applicable clauses from 40 CFR, Part 33, Subpart F, paragraph 33.1030 of the Federal Register, Volume f~8, No. 60, Monday, March 28, 1983 are incorporated into this Contract's Special Conditions. Where the word "recipient" appears, insert the words "Owner"; where the word "contractor" appears, insert the word "ENGINEER". All other elements of this Agreement and Amendments shall remain in full force and effect. -12- EXHIBIT A-1 EPA FORM NO. 5700-41 -13- COST OR PRICE SUGARY FORHAT FOR SUBAGREEMENTS UNDER U.S. EPA GRAHTSi Form App~,,~.~ City of Sanford, FL C120586140 Conklin, Porter and H~lme~-~n in~ Tnr eC 1992 Post Office Drawer 2808 Sanford, FL 32772-2808 Professional Engineering Services Pr~nr~p~l [ 34 s 76.06 ~ 8~6 ~4 Enaineer ~?~ ?P ~q ......... 2,?qR.?~ Draftsman ecre ar 0.00 Fringe Benpfi~ (a7 nn~) 47~ ~11,560.29 s5,433.33 General and Administrative Overhead 1D0% ]l ~6~ ?q 1~3~6~ ?~ Photocopies, mileage, blueprints, etcl. Is 900.00 s 900.00 OTH[I $UITOTAL: I r.*O~MER DII~ECT COSTS TOTAL: TOTAL ~S':.--.'~> C~ST ,,.--o,-,, Fixed F~p (]5%) a ~ 08 ~ F~,c~ 3~ 871199 3 PART IV.CERTIFICATIOt($ CFR 41, Subpart 1-15.2 and Subpart 1-7:202 Thisp.opo,alhl,~iuedforu,ei,:o~ctic~wilh,,~,~ ,,e / Elimination of Combined Sewer ~v~rflnw~ & gtnrmw~f~r Tnl~t~ frnm .Th~sistocertzfytot~e~mto{my~nowIed~e S~i~at pri~ mey ~ sub}~ ~ ~--We~ r~eZ~tietion an~r ~pment where t~e a~ve ~st and pdc~g deem here ~en ~lezmin~.' ms I rN~lt of m~dit. not to ~mve ~n caste), c~ent grid occ~Bte is Executive Vice President City Manager EXHIBIT B MEMORANDUM OF NEGOTIATION Date: December 16, 1992 RE; Memorandum of Negotiation Engineering Services for City of Sanford, Florida Amendment #39 - Elimination of Combined Sewer Overflows and Storm Water Inlets From the Sanitary Sewer Collection System Date of Meeting: December 16, 1992 Attendees: CITY STAFF: William A. Simmons, P.E. ~ ENGINEER Discussion: The above referenced Amendment as drafted by the Engineer, was discussed in detail. Aspects of the Amendment as to the Scope of Services and Fee were found acceptable. -16- EXHIBIT C PLAN OF STUDY -17- PLAN OF STUDY Gathering da~a: FDOT, Plans, Sewer System old & ourrent maps; I/I 1.00 4.00 6.00 4.00 $100.00 r~ports, etc. and studying maps for possible outlets and routings. Formulation of alternative routes and connection points and outlets. 1.00 2.00 6.00 4.00 Field investigations - proofing maps and modifying and examlnlnS 2.00 I~Z.00 4.00 $20.00 alt~matives Revising Alternatives 1.00 4.00 2.00 Coordination with FDER - Grants 3.00 1.00 $10.00 Studying alternatives; capacity analysis, sizing, grades and rough costing 6.00 16.00 Meetings with City 1.00 2.00 Field investigations 2.00 12.00 12.00 $10.00 Coordination with F.D.O.T. 0.50 2.00 0.50 Meetings with City 2.00 2.00 0.50 Field surveys - 3 crew days &supervision 4.00 24.00 48.00 $20.00 Final Design (Sizing, grades, conflicts and right-of-way) 2.00 2.00 12.00 1.00 PtAN or STUDY Plan Preparation: 4th Street & Willow Area and 2nd & Locust Plan/Profile - 4th to R. oso 1.00 2.00 6.00 20.00 $75.00 Ban/Profile - P, oso to Lakeview 2.00 6.00 20.00 Plan/Profile - Lakeview to 2nd and Locust & 2nd 2.00 6.00 20.00 hd and Cedar Avenue Plan/Profile - Maple to Cloud Branch 1.00 2.00 6.00 20.00 $50.00 2rid and Laurel Plan/Profile - 2rid &Laurel 1.00 2.00 6.00 20,00 $75.00 Plan/Profile - Laurel 1.00 2.00 6.00 20.00 Plan/Profile - Fulton &French 1.00 2.00 6.00 20,00 Imemal ch~k (field and office) and revision 3.00 2.50 8.00 12,00 1.50 $20.00 Meet with F.D.O,T. 2.00 0.50 $10.00 Meet with City and revise 1.50 1.50 4.00 8.00 0.50 Meet with F.D.O.T. 2.00 2.00 0.50 $10.00 Capacity Analysis - F.D.O.T. system 1.00 4.00 12.00 Coordination with F.D.E.R. - Permitting 1.00 3.00 1.50 Coordination with F.D.E.R. - Grants 0.50 1.00 2.00 $10.00 ) Coordination with F.D.E.R. & F.D.O.T. (Permitting) 1.00 2.00 1.00 $10.00 Coordination with City 1.00 2.00 0.50 Design and Drawing revision and additions to meet agency requirements 1.00 8.00 20.00 32.00 2.00 $80.00 Revised Drawing checking and changes 1.00 3.00 6.00 8.00 $10.00 C'hango Order p~cmration and negotiation of pricing with two contractors 2.00 6.00 2.00 $20.00 Implementation of Change Order with selected contractor and 2.00 2.00 $20.00 preconstruction meeting with contractor and Resident Project Representative (RPR), etc. Grant coordination 1.00 2.00 $10.00 General Administration of Construction (10 Weeks) Supervision and direction RPR 2.00 8.00 30.00 5.00 $20.00 Submittal Review - Shop Drawings and Materials (10 Estimated) 0.50 4.00 17.50 3.00 $20.00 Pay Estimates (2 plus Final) $10.00 1.00 3.00 9.00 Periodic visits to sites (1/weck) 1.00 10.00 20.00 3.00 $20.00 Witnessing of tests 2.00 6.00 1.00 $20.00 Final inspection 0.50 2.00 4.00 1.00 $10.00 Completion certification 2.00 3.00 0.50 $10.00 Record Drawings Coes~d on contractor's mark-up and City inspectnr's review) 3.00 5.00 20.00 $200.00 Grant coordination 1.00 2.00 4.00 $10.00 City coordination 2.00 6.00 12.00 $20.00 Performance certification at end of one year 0.50 1.00 2.00 1.00 TOTALS 34.00 125.00 300.50 290.00 40.00 $900.00 CSO.jma -20-