HomeMy WebLinkAbout301-CPH-Amendment 76-87 AMENDMENT NO. 76-87
AGREEMENT FOR CONTINUING SERVICES
FOR
DESIGN PHASE
ENGINEERING SERVICES
DOWNTOWN STORMWATER TREATMENT AND ATTENUATION
MITIGATION AT MILL CREEK
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
. day of ~' ~__(3o~.between the City of
This Agreement made on the l I-{-~ CPH Engineers, Inc. (hereinafter called
Sanford, Florida (hereinafter-'-~ailed CITY} and
ENGINEER), is mutually agreed upon and declared an authorized Amendment to an Agreement
dated December 17, 1987, between the parties, herein setting forth the scope, terms, and
conditions of the work herein authorized.
In case of any conflict between this Amendment and the aforementioned Agreement of
December 17, 1987, this Amendment shall govern for the work described herein.
WHEREAS the CITY has interest in encouraging development within and near its Sanford
Waterfront Redevelopment District; and
WHEREAS the nature of the typical downtown development does not usually lead to large
green areas for stormwater retention; and
WHEREAS the aesthetics and economics of an onsite stormwater treatment and attenuation
system discourage development of the downtown parcels; and
WHEREAS the ENGINEER has worked with CITY staff in determining an alternative location
outside of the downtown area to provide stormwater treatment;
WHEREAS the modeling of the Mill Creek system by the ENGINEER shows excess capacity
available to attenuate peak discharge rates to Lake Monroe; and
WHEREAS the ENGINEER is intimately familiar with and qualified for this project work and has
experience on the CiTY's overall stormwater infrastructure design including hydraulic modeling
and permitting, and has the personnel and capabilities to perform the designated services;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree
as follows:
SECTION
General
1.1
1.1.1
1.1.2
Introduction
This Amendment work is to generally provide for engineering services for the design
and permitting of a system that provides excess stormwater treatment to mitigate for
not fully treating the runoff from areas located in downtown Sanford, as required by
the rules of the St. Johns River Water Management District (sJRWMD). The
engineering services also include providing stormwater design calculations showing
that the net peak rate discharge to Lake Monroe from the developed downtown area
parcels and Mill Creek combined does not exceed pre-development discharge rates.
· be within the existing City owned Mill Creek
The roposed stormwa?e.r treat,m_e? will th Street, north and west of Country Club
YearP~B pond (Pond 1) located south of 18
Drive, as shown on the aerial contained in Exhibit A.
Exhibit B shows the "Downtown Development ParcelS" initially selected in order to
determine an approximate total acreage to include in the permitting to be conducted
under this Amendment. The total acreage of these parcels is 41.0 acres. Therefore,
the permitting will be for the excess treatment to mitigate for a minimum of 41 acres
in the downtown area. It's possible that upon the completion of the pollutant loading
analysis of the system that the existing Mill Creek pond can mitigate more than 41
acres of developed area (assumed to be developed at 80% minimum and 90%
maximum percent impervious). The permitting will reflect development of more than
41 acres of parcels in the downtown area if the calculations support this. if for
2
1.1.3
1.1.4
2.1
2.1.1
2.1.2
2.1.3
2.2
example it is found that we can mitigate stormwater treatment of up to 45 acres in
the downtoWn area, then the permitting will be set up to allow development of up to
45 acres of parcels in downtown Sanford, located between the west side of French
Avenue to the east side of Melionville Avenue, and between 4th Street and Lake
Monroe. We anticipate the permitting will establish a "bank" of developable area in
downtown Sanford: once the acres of available treatment credit in the bank has been
"used" then any further development in the downtown area would not be able to use
the banked stormwater treatment credit, since it would no longer be available. The
stormwater treatment credit would be available on a first come first served basis, as
It s anticipated that the development parcels
authorized by the City and SJRWMD. as established w still be required to provide
that use stormwater treatment credit
first flush treatment through the use of devices such as baffle box structures.
Environmental scientist subconsuitant services are included. For this project, we are
proposing to use as the environmental scientist subconsultant Environmental
Research & Design, Inc. (ERD), headed by Dr. Harvey Harper, phD, P.E. ERD'S
services include analyzing existing pollutant loadings, developing a water quality
model and pond performance efficiency analysis, and preparing an estimation of
equivalent stormwater treatment for the downtown area. Exhibit D contains a complete
description of the ERD's proposed services.
Additional subconsultant services including surveying, geotechnical surface and
· " n title searches, boundary surveys,
..... investigations, land acqu~s!t~°~_,~,,,,ion environmental assessments
su~.SUn~,.,~ wetland identification ana uu,,.~o, , If these services are
enwronmu-Lo,
(including hazardous material surveys) are not included.
subsequently determined advisable during the course of work, they may be
considered for authorization as an additional service under Section 3 of this
Amendment or separately provided by the CITY or consultants employed directly by
the CITY.
SECTION 2
Scope of Services
General Description
The ENGINEER agrees to perform professional engineering services in connection
with the project as hereinafter stated.
The ENGINEER will serve as the CITY's professional engineering representative in
those phases of the project to which this Scope of Services applies, and will give
consultation and advice to the CITY during the performance of his services.
Attached as Exhibit "C" to this Amendment is a manhour breakdown for the project
Scope of Services.
Final Design
3
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.2.7
The ENGINEER will prepare preliminary calculations and drawings and attend a
preliminary coordination meeting with CITY and sJRWMD staff to discuss the project
conceptually.
The ENGINEER will review existing development in downtown area and at the
proposed treatment pond vicinity.
The ENGINEER will coordinate with Environmental Scientist subconsultant during
assessment of pollutant loading.
The ENGINEER will prepare an overall report, calculations, and exhibits showing
proposed development parcels, development parameters, and proposed treatment
requirements.
The ENGINEER will attend a coordination meeting with City staff to review draft
report and conceptual development criteria for the downtown development parcels.
The ENGINEER will prepare a SJRWMD permit application, submit application and
reports to SJRWMD.
The ENGINEER will assist the City in responding to SJRWMD questions or requests
for additional information during permitting phase, make minor revisions to report and
exhibits if necessary.
3.1
3.1.1
3.1.2
3.1.3
SECTION 3
Additional Services of the ENGINEER
If authorized by the CITY, the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY may provide these services separately or
directly with the provider. Such additional services will be paid for by the CITY as
outlined in Section 5.
Additional services due to major changes in the scope of the project or its design
including, but not limited to, changes in size, complexity, character of construction or
due to time delays in initiating or completion of the work as described herein.
Provide through subconsultants land acquisition boundary surveys, title searches, or
other specialist services including real estate or right-of-way agents, project or
construction management, financial or budgetary consultants, and bookkeeping or
accounting services. If these services are subsequently determined advisable during
the course of work, they may be considered for authorization as an additional service
under this section or separately provided by the CITY.
Except as otherwise provided herein, services or additional costs associated with
revising previously accepted studies, reports, or other documents prepared by the
ENGINEER when such revisions are due to causes beyond the ENGINEER's
control.
4
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
4.1
Additional services resuRing from publiC protests, administrative hearings, or similar
in any litigation,
matters.
preparing to serve and/or serving as an Expert Witness for the CiTY
publiC hearing, condemnation proceeding, right-of-waY or easement acquisition or
negotiation, or other legal I administrative proceeding, lat ohs (after the date of
· _~ ~.., eviSiOnS to reg? -, of Environmental
· · services r.equ~reu ~'~ rFiorida Depa~.m.e"~.~.~ of Engineers,
Additional eng~ne..en?~ .nolicab[e to the. --ment District,
',~,~,~ Amendment) °° -"r~,iver Water
'l~';;tection, the St. Johns r~other regCatory agency requirements·
Seminole county, FDOT, or
Additional services in connection with the pro)ecl including services normally
furnished by the CiTY as described in Section 4 herein and services not otherwise
provided for in this Agreement.
Bidding and Construction Engineering and inspection Services shaft be provided
under separate authorization·
SECTION 4
CiTY Responsibilities
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
The CiTY
o be performed under this
of his requirements for the proiact and designate a person to
Advise the ENGINEER ..... =,.act to the work t ....,.~,. mit instructions,.
act as the C. -- ~uch person ~"'"'. ,. _ ,~,= C~TY's po,cle~ o
/~mendment, aH~ o ..... ret and derm~ ~...
~';ceive information,
to the work covered by this Amendment-. reasonably available on the pro)ecl along
.... ,~ ~nuested that is. -~*- and easement and right-of-way
Obtain and prowae u~'~'~'~?n~enance requ~remu-.o
~Nith operational aha
ents NEER to enter upon public
requirem ' ' '--s for the ENGI ,-- work under this
'- and make ail prov~°.~,~.~EER to perform
Guarantee a.cc~_s_s ~u~ r nuired for the
and private tand~ a~ _e,,
Amendment.
Make facilities accessible for inspeCtiOn.
time
Examine all studies, repo~s, sketcheS, schedules, and other documents presented
approval of
by the ENGINEER and render decisions pertaining thereto within a reasonable
governmental authorities having iufisdicti°n over the proiect' and such approvals and
so as not to delay the work of the ENGINEER. Assist in obtaining
consents from such other indNidualS or bodies as may be necessary for completiOn
any
of the proiect'
Furnish or direct the ENGINEER in writing to provide at the cITY's expense,
5
4.1.7
4.1.8
sub-consultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
Provide such legal, accounting, financial and insurance counseling services as may
be required for the project, and such auditing services as the CITY may require.
Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any defect in the Project.
5.1
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
General Payment Provisions
SECTION 5
Payment
Compensation paid ENGINEER for services described herein and rendered by
principals and employees assigned to the Project will be computed by multiplying
Standard classification billing rates for all classifications of employees directly
engaged on the project, times the numbers of hours worked on the project.
The engineering fee for the services described herein is estimated to be $19,020.00
inclusive of out-of-pocket expenses. Invoices will be submitted periodically,
indicating the hours expended during that billing cycle.
The CITY will make prompt monthly payments in response to ENGINEER's monthly
statements without retention for all categories of services rendered under this
Agreement and for reimbursable expenses incurred.
Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding will be computed at a rate of $1200.00 per day or
any portion thereof (but compensation for time spent in preparing to appear in any
such litigation, hearing or proceeding will be computed in accordance with the
payment method as set forth in Paragraphs 5.1.1).
If this Agreement is terminated during prosecution of the services prior to completion
of the services of Section 2, payments to be made in accordance with Paragraph
5.1.1 and 5.1.2 on account of that and all prior work under this Amendment shall be
due and payable, and shall constitute total payment for services rendered. In
addition, upon termination, the ENGINEER sha~l be paid for any additional services
authorized and rendered under Section 3.
SECTION 6
General Conditions
6.1
Since the ENGINEER has no control over the cost of labor, materials, or equipment
or over any construction Contractor's method of determining prices, any opinion of
probable construction cost which may be provided in the services of this Amendment
6
are 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 construction cost will not
vary from opinions of probable cost prepared by him. Similar limitations apply to
construction schedules reviewed or prepared by the ENGINEER.
6.2 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
partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Amendment. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agency 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.
6.3 The ENGINEER agrees to initiate work promptly upon receipt of authorization to
proceed and to prosecute the work in an expeditious and timely manner until the
Project is completed.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day
and year first above written.
(ATTEST & SEAL)
J~net Dougnerty - City~ierk
CITY:
~1 Grieshaber, Jr. - (~i~ager
T SE^,
'~in~l~ M. Gardr~:, S/ec~eta~ryfTreasurer
ENGINEER:
CPH Engineers, Inc. ~
David A. Gierach, P.E. - President
7
EXHIBIT A
Existing Mill Creek Ponds
EXISTING
MILL
CREEK
PONDS
EXHIBIT B
Downtown Development Parcels
EXHIBIT C
Plan of Study
EXHIBIT "C"
PLAN OF STUDY
TIME AND COST ESTIMATE
DESIGN PHASE SERVICES
DOWNTOWN STORMWATER TREATMENT AND A'n'EN UATION
MITIGATION AT MILL CREEK
TASK
ESTIMATED
~10. DESCRIPTION P E T D S EXPENSE~
=repare preliminary calculations and drawings, attend prelimir~ar
;oordinetion meeting with City and SJRWMD staff to discuss
proiect conceptually. 2 2 2 2 2 $50.00
Review existing development in downtown area and at proposed
treatment pond vicinity. 1 15 12 2 1 $25.00
Coordinate with Environmental Scientist subconsultant during
assessment of pollutant Ioadin,~. 2 2 2 2 $25.00
Prepa e overall repori, calcuJations, and exhibits showing
proposed deve opment parcels, development parameters,
4 proposed treatment requirements. 4 30 20 4 2 $30.00
Attend coordination meeting with City staff to review draft repod
end conceptual development criteda for the downtown
5 development parcels. 2 2 I $40.00
Prepare SJRWMD permit application, submit application and
6 repods to SJRWMD. 2 1 1 $20.00
Assist City in responding to SJRWMD questions or requests for
additional information during permitting phase, make minor
'evisions to repod and exhibits if necessary. 4 12 12 4 2 $50.00
TOTAL 15 65 46 15 11 $240,00
BREAKDOWN
Cost Based on Standard Bil~ing Rates
Reimbursed Expenses $11,905.00
Environmnetal Subconsultant (Pollutant Loading Analyses) $240.00
TOTAL $6,875.00
$19,020.00
EXHIBIT D
Subconsultant Services
(Environmental Research & Design, Inc.)
ERD /
ENVIRONMENTAL RESEARCH & DESIGN, INC.
WATER QUALITY ENGINEERING
3419 TRENTWOOD BLVD., SUITE 102- ORLANDO, FL 32812
TELEPHONE: (407) 855-9465-FAX: (407)826-0419
January 12, 2004
Mr. David A. Gierach, P.E., President
CPH
500 W. Fulton Street
Sanford, FL 32771
RE: Proposal for Sanford Downtown Storrnwater Evaluation Project
De~Dahd:
Enclosed are our Scope of Services and Fee Proposal for the Sanford
Downtown Stormwater Evaluation Project. Work efforts for this project can be
completed within approximately 3-4 weeks following receipt of the requested
materials from CPH.
Thank you for the opportunity of providing th/s proposal for water quahty
engineering services to CPH. If you have any questions or comments concerning
the attached proposal, please feel free to contact me directly.
Sincerely,
Hl-[H:shd
Job No. 04-801
Attachments: Exhibits A and B
Harvey H. Harper, Ph.D., P.E.
President
SANFORD DOWNTOWN STORMWATER EVALUATION
EXHIBIT A: SCOPE OF SERVICES
Prepared by
Environmental Research & Design, Inc~
January 12, 2004
The CONSULTANT (Environmental Research & Design, Inc. or ERD) shall, at a minimum,
perform the following specific tasks for the ENGINEER (CPH):
Reviaw Available Information - ERD will review all available information for the Sanford
Downtown Stormwater Project provided to ERD by CPH. Information to be provided to
ERD shall include schematic overviews of existing and proposed conditions; drainage basin
delineations for areas discharging to the borrow pit pond; land use and hydrologic
information for the sub-basin areas under existing conditions; aerial photography of the
project area under existing conditions; information on existing stormwater management and
conveyance systems; and bathymetric characteristics of the borrow pit pond and adjacent
pond area southwest of the borrow pit pond. All information provided to ERD will be
reviewed and surrkmarized, as necessary, for use in subsequent work efforts.
Ex'i~ting Conditlnn~ Pollutant I,oadlng ~,naly.qin - ERD will perform a pollutant loading
analysis to estimate annual mass loadings of total nitrogen, total phosphorus, and TSS
generated within the drainage basin discharging to the borrow pit pond under existing
conditions. Typical runoff concentrations for land use categories in the drainage basin will
be based on the runoff characteristics presented in the document titled "Stormwater Loading
Rate Parameters for Central and South Florida" (Harper, 1994).
Site-specific estimates of annual nmoff volumes will be generated for each land use
category in the sub-basin area based on soil types and other hydrologic information
provided by CPH. Probability distributions of individual rain events in the Central Florida
area, based on historic rainfall data, will be used to model runoff volumes for individual
events as well as on an annual basis.
The pollutant loading analysis will also consider attenuation of pollutants in stormwater
management systems currently in use within the basin, if any, based upon estimated
pollutant removal efficiencies for specific stormwater management systems and the
percentage of basin areas serviced by stormwater management systems. Attenuation of
pollutants during migration through stormwater conveyance systems, such as grassed
swales, canals, or wetlands, prior to reaching the ultimate receiving waterbody will also be
considered, if significant. The net result of the model will be an estimate of the annual mass
of pollutant loadings discharging from the sub-basin under existing conditions to the borrow
pit pond.
PROPS~SANFORD.IAN-04
PAGE l
[}eveio.n Water Q~ality. Model and Pond Performance l~,ffieieney - ERD will develop a
water quality model for the proposed borrow pit treatment area to predict the performance
efficiency o£ the pond for attenuating loadings of total nitrogen, total phospliorus, and TSS.
Inputs into the water quality model will include stormwater runoff and bulk precipitation.
Estimates of performance efficiency for the pond will be based on residence time using the
armual runoff inputs generated during Task 2 and the bathymetric characteristics of the
pond. Estimates of mass loadings fi.om the pond for each of the evaluated water quality
constituents will be used to estimate the performance efficiency and overall mass load
reductions achieved within the borrow pit pond.
A second est/mate of performance efficiency will be generated for a combined stormwater
treatment system based upon interconnecfion of the borrow pit pond and the existing pond
southwest of the borrow pit pond. Estimates of mass load reductions from the combined
system will be calculated and used to estimate the overall performunce efficiency of the
combined pond system.
F, nfimnfion r~f l¢,a_nivnlent Rtorrawat~r Trentm~n~ ~ The mass load reductions generated
under Task 3 for the borrow pit pond and the combined pond system will be used to
calculate the area of commercial or high-density residential land use which is equivalent, in
terms o£1oading characteristics, to the mass removal achieved within the borrow pit system.
The total mass loadings achieved within the borrow pit pond or the combined pond system
will be converted to an equivalent area of either commercial or high-density residential land
use, based upon a 90% impervious assumption, so that the untreated stormwater loadings
generated fi-om the commercial or high-density residential areas are equivalent to the mass
of loadings removed in the borrow pit pond or combined pond system. Estimates of annual
pollutant loadings of total nitrogen, total phosphorus, and TSS will be generated for a
typical commercial or high-density residential area in the downtown Sanford area and
compared with the mass o£ loadings obtained by the proposed treatment systems.
1~ - After completing Tasks 1-4, ERD will prepare a Final Repo~t which
summarizes the analyses, results, and conclusions fi.om the study. Five copies of the Final
Report will be submitted to CPH for review.
Work efforts outlined in this proposal will be completed within approximately 3-4 weeks
m receipt of the requested information from CPH.
Fee Proposal
A Fee'Proposal is attached in Exhibit B which provides a summary of man-hours and fee
for each of the tasks associated with this proposal.
PAGE 2
SANFORD DOWNTOWN STORMWATER EVALUATION
EXHIBIT B: FEE PROPOSAL
Prepared by
Environmental Research & Design, Inc.
January 12, 2004
DESCRIPTION MAN-HOURS*
TASK FEE
A. LABOR PD PE D CL
1. Review available information 6 2 .... $ 903.36
2. Existing conditions pollutant loading analysis 4 12 .... 1,420.16
3. Develop model and predict pond performance 8 4 4 - 1,506.84
efficiency
4. Estimate equivalent stormwater treatment 2 6 .... 710.08
5. Prepare Final Report 10 8 2 8 2,254.70
TOTAL-LABOR: I 30 I 32 I 6 I 8 $6,795.14
II. EXPENSES
1. Black& White Copies (300 copies @ $0.1 O/copy) $ 30.00
2. Color Copies (50 copies @ $1.00/copy) 50.00
TOTAL - EXPENSES: $ 80.00
PROJECT TOTAL: $ 6,875.14
*LEGEND:
PD:
PE:
D:
CL:
Project Director (Harvey H. Harper, Ph.D., P.E.) $125.00gaour
Project Engineer $76.65/hour
Designer $50.03/hour
Clerical $36.40/hour