1710 Elimination System Consultant Servicesi8 7—
Tuesday, March 1 ?}02015
I
rn
TO: Mayor /City Clerk
ICE: CONTRACT- Elimination System Consultant Services (E- Science) Piggy back contract
with National Pollutant Discharge Elimination Systems (NPDES) Consultant Services
PS- $146- 12 /JVP
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
Once completed, please:
❑ Return originals to Purchasing
❑ Return copies
EJ
Special Instructions:
"I
M0-4-40 Ord-O�
From
T: \Dept_forms \City Clerk Transmittal Memo - 2009.doc
❑ Mayor's signature
4endering
Safe keeping (Vaul
De anager
❑ Payment Bond
❑ City Manager Signature
® City Clerk Attest /Signature
noo SCANNED
Date
�C s 7—
Contract Agreement Name: Elimination System Consultant Services (E- Science) Piggy
back contract with National Pollutant Discharge Elimination Systems (NPDES)
Consultant Services PS- 8146- 12 /JVP `5C&V4AOW u-r �
ur sing M nager
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Fina e lKeetor
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ty Attorney
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Date
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Date
Date
City Of Sanford Piggyback (Seminole County)
Agreement With E Sciences, Incorporated (National Pollutant Discharge
Elimination System Consultant Services)
The City of Sanford ( "City ") enters this "Piggyback" Contract with E Sciences,
Incorporated, a Florida corporation, authorized to do business and doing business in the
State of Florida, (hereinafter referred to as the "Vendor "), under the terms and conditions
hereinafter provided. The City and the Vendor agree as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
government of Seminole County, Florida, said contract being identified as the "Master
Services Ageement - National Pollutant Discharge Elimination System ( NPDES) Consultant
Services (PS- 8146- 12 /JVP) ", relating to continuing professional services of a diverse nature
for compliance with the NPDES requirements. The City desires to obtain the benefit of the
professional services of the Vendor relative the obligations of the NPDES imposed upon
the City. The piggybacked contractual provisions are all as described in Exhibit "A" and
further referenced below; said original contract with Seminole County being referred to as
the `original government contract ").
2. The original government contract is incorporated herein by reference and is
attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original
government contract are fully binding on the parties and said terms and conditions are
incorporated herein.
3. Notwithstanding the requirement that the original government contract is fully
binding on the parties, the parties have agreed to modify certain technical provisions of the
original government contract as applied to this Contract between the Vendor and the City,
as follows:
(a). Time Period ( "Term ") of this Contract: N /A. That is the term of this contract is
commesurate ith the term of the original government contract with work orders being
completed as directed in the work orders issued hereunder.
(b). Insurance Requirements of this Contract: N /A. That is, the City shall be
protected and insured by the Vendor to the same extent, at a minimum, as is Seminole
County under the terms and conditions of the original government contract.
(c). Any other provisions of the original government contract that will be modified:
(1). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract is
Bilal Iftikhar, P.E., J.D., Public Works Director, City of Sanford, Post Office Box 1788, 300
North Park Avenue; Sanford, Florida 32771 -1778, telephone number (407- 688 -5080) and
whose e -mail address is: BILAL.IFTIKHAR @Sanfordfl.gov.
(2). Notwithstanding anything in the original government contract to the contrary,
the venue of any dispute will be in Seminole County, Florida. Litigation between the parties
arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate
jurisdiction. The law of Florida shall control any dispute between the parties arising out of or
related to this Contract, the performance thereof or any products or services delivered
pursuant to such Contract.
(3). Notwithstanding any other provision in the original government contract to the
contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non - binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(4). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the City,
and the laws of any Federal, State, or local regulatory.
(5). Payments shall be made after the tendering of a valid invoice in accordance
with the provisions of the Local Government Prompt Payment Act.
(d). All other provisions in the original government contract are fully binding on the
parties and will represent the agreement between the City and the Vendor.
SIGNATURE PAGE FOLLOWS
Page 2
Attest.
Jams S. Bassett
t
Presi dent Ite
cretav!D�
r-
Ati-l"i
Witness Printed Name:
Attest:
Qn�a-- -.�
CyntKia Porter, City Clerk
For use and reliance of the
Page 3
E Sciences, Incorporated
vz' %�t3
By:
Peter K. Partlow
PresidentlTreasuregXpector
Date:
City Of Sanford
Jeff Triple r
Date: TV -3 1Z15—
ENGINEERING
1
ENVIRONMENTAL
+E�
ECOLOGICAL
December 3, 2014
Marie Duffy
Administrative Assistant
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Subject: Proposal to Develop the Year 3 Annual Pollutant Load and EMCs
Seminole County Contract No.: PS- 8146- 12 /JVP
E Sciences Project No.: 1- 1933 -POI
Dear Ms. Duffy,
E Sciences, Incorporated (E Sciences) is pleased to submit this proposal to the City of Sanford (City) for
generation of the Year 3 Annual Pollutant Load Estimates and Event Mean Concentrations (EMCs) as
required by the City's National Pollutant Discharge EIimination System ( NPDES) Phase I Municipal
Separate Storm Sewer System (MS4) permit.
The City has requested to "piggyback" on the existing Seminole County Master Services Agreement for
NPDES Consultant Services (Contract No. PS- 8146- 12 /JVP) which is attached to this proposal. Pursuant
to the terms and conditions of the Seminole County agreement, included in this proposal is an overview of
project information, the proposed scope of services, our estimated fee, and the proposed schedule. The
services proposed herein are based on conversations with you on December 2, 2014.
BACKGROUND INFORMATION
The City of Sanford is a co- permittee to the Seminole County NPDES Phase I MS4 Permit. There are a
total of eight (8) co- permittees including Altamonte Springs, Casselberry, FDOT District Five, Lake Mary,
Longwood, Oviedo, Sanford, and Winter Springs. Part V.A.I of the Phase I MS4 permit requires permittees
to develop annual pollutant load estimate and EMCs for a representative storm event for each major
watershed or major outfall.
E Sciences is developing the Year 3 pollutant load model and report for Seminole County. This effort
includes the collection of current GIS land use and soil data, EMCs, and rainfall data; review of recent
stormwater treatment best management practices (BMPs); generation of pollutant loading estimates for
each major watershed, and comparison of current pollutant loading results against historic pollutant loading
estimates. E Sciences will incorporate the City's data into the overall pollutant loading model and calculate
estimated pollutant loads and EMCs independently for the City's jurisdiction.
E Sciences, INCORPORATED
34 East Pine Street . Orlando, FL 32801
ph 407 - 481 -9006 fax 407481 -9627
www.esciencesinc.com
City of Sanford
Year 3 Annual Pollutant Load and EMCs
E Sciences Project Number 1- 1933 -P01
• Total Phosphorus (mg/L)
• Total Suspended Solids (TSS) (mg/L)
• Total Zinc (mg1L)
FEE
E Sciences proposes to perform the scope of services for an estimated fee as follows:
Task 1 - Data Collection
December 3, 2014
Page No. 3 of 3
$ 4057.98
Task 2 - Task 2 — Pollutant Load Model / Calculation of the City's Load $ 4679.92
Total Fee $ 8737.90
SCHEDULE
E Sciences will initiate work efforts upon written notice to proceed. We anticipate providing a draft annual
pollutant load estimates and EMCs in electronic file format on DVD for the City's review by February 15,
2015. A final electronic copy of the City of Sanford Annual Pollutant Load Estimates and EMCs will be
provided to the City prior to February 27, 2015.
DELIVERABLE
E Sciences will provide a report of the City of Sanford Annual Pollutant Load Estimates and EMCs
for Cycle 3, Year 3 in electronic file format on DVD.
AUTHORIZATION
Please provide written authorization to proceed consistent with the terms and conditions of the Master
Services Agreement for NPDES Consultant Services (PS- 8146- 12 /JVP) between Seminole County and
E Sciences. If unforeseen conditions require services beyond the scope of services described herein,
E Sciences will notify you immediately of additional costs necessary to complete the project with the
understanding that an amendment would need to be completed and authorized by the City of Sanford prior
to beginning any additional work.
We appreciate the opportunity to offer our professional services on this project. If you have any questions
concerning this proposal, please contact us at (407) 481 -9006.
Sincerely,
E SCIENCES, INCORPORATED
S
ka-ti".v_azla u.
Heather Ritchie
Project Scientist
S ..
Robert J. Potts
Project Manager
Attachments: Fee Estimate
Master Services Agreement for NPDES Consultant Services (Contract No. PS -8146-
12/JVP)
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the Work Orders authorizing performance of the specific projeck task or study. CONSULTANT
shalt also be bound by all requirements as contained in the soticitation package and all addenda
thereto. This Agreement standing alone does not authorize the performance of any work or require
COUNTY to place any orders for worry
(b) CONSULTANT may utilize labor categories that are not included in the fee
proposal far each Work Order, but that have been approved in the Master Agreement: U a
substitution is necessary, the work shall be completed within the approved Time Basis (Not-To-
Exceed or Limitation of Funds) Work Order Amount, and in no event shall the Work Order
Amount be modified as a remit of any changes in labor categories. CONSULTANT shall submit a
written request to the County's Project Manager for ,approval of any substitution prior to the
utilization of any labor category for service, and the County Project Manager's approval of any
substitution must take place prior to submission of the invoice. Any approved labor category
substitution shall be based on the prevailing labor categories and their associ*d howdy rates
established in the Master Agreement that are in effect on the date of the County's approval for any
substitution.
Section 2. Term.. This Agreement shall take affect on the date of its execution by
COUNTY and shall run for a period of thrm (3) years and, at the sole option of COW N, may be
renewed for two (2) successive periods not to exceed one (1) year each, Expiration of the teem of
this Agreement shall have no effect upon Work Orders issued pursuant to this Agreement and prior
to the e7qAtation date. Obligations entered therein by both parties shall remain in effect until
completion of the work authorized by the Work Order,
Section 3. Authorisation for Serv3im. Authorization for performance of professional
services by CONSULTANT under this Agreement shall be in the form of written Work Orders
National Pollutant Discharge M mmaii(m System (ODES) Con Wtmt Services
(PS- 8146 -12/M)
Pap 2 of22
(1) Travel expenses in comecdOn with the Project based on Sections
112.461(7) and (8), Florida Statutes, or its successor, and subject to the limitation listed below; long
distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction
over the PzojecL Reimbursement for meals, travel, vehicle mileage, tolls, and parking shall, not
apply to local employees of C41N:SULTANT.
A. Reimbursement for mileage shall be at the rate allowable by the
Federal intmal Revenue Services. Reimbursement fear local mileage: de(ined as within a fifty (54)
mile radius of the job site, is not allowed.
B. car rental ruimburgement is limited to compact cars for up to two (2)
occupants and intermaate cars for more than two oc mgmts.
C. Reimbursement for lodging shall, be at $75.04 or the actual expenses
for lodging at a "non rcsort'k-� type hotel located in Seminole Coca% Florida.
D. Meals shalt not exceed:
tt r•
2. Dmch:
$11.00 without receipts
$13.00 with receipts;
3. Dinner:
$14.00 without rcceipts
$27.40 with receapts.
E. Reimbursement for airfare shall, be based on coach rates.
(2) Expense of rgwduction, posft% and handling of drawings and
specifications are authorized at aerial c cwt only.
W860=1 Pollutant Discharge Mmittation Syst= (WDES) Consultant Services
(PS- 814&121NP)
Page o£22
A For all Work Orders issued on a Fixed Fee Basis or Time Basis Method with a not
to exceed amount pursuant to this Agreement that are $100,000.00 and over in value, COUNTY
shall retain ten percent (10 %) and shall pay CONSULTANT ninety percent (90• ) of the approved
compensation for each invoice amount
(e) For all Work Orders issued on a Fixed Free Basis or Yule Basis Method with a not
to exceed amount pursuant to d7tis Agreement that are less than $100,000 -00 in value, the
COUNTY's Project Manager shall have the option to retain or to not retain ten percent (1011/6) of the
CONSULTANT's approved invoice compeitsation.
(f) For all Work Orders where r etainage is withheld, if COUNTY determines that work
is substantially complete and the amount ruined is considered to be in excess, COQ may, at
its sole and absolute discretion, release the retainage or any portion thereof.
(S) Payments shall be made by COUNTY to CONSULTANT when requested as work
progresses for services fu 3ished, but not more than onge, monthly. Each Work Order shall be
invoiced. separately. At the close of each calendar month, CONSULTANT small sender to
COUNTY a prope dy dated itemized invoice desmibing any services rendered, the cost of the
services, the name and address of CONSULTANT, Work Order Number, Contract Number, and W1
other info mation required by this AgreemcsaL
The original invoice and one (1) copy shall be sent to:
Dzectorof CountyFinaucc
Seminole Coimty Board of County Commissioners
Post Office Box S050
Sanford, Florida 32772
Two (2) copies of the invoice shall be sent to:
Seminole County Public Works Department
200 West County Dome Road
Sanford, Florida 32773
National Pollutant Discharge Elimination System (MDES) Consultant Semees
(PS- 8146r12INP)
Page 6 of22
CONSULTANrs office at all reasonable times during the Agreement period and for five (a') years
from the date of final payment under the contract for audit or inspection as provided for in
sabsections (b) and (c) of this Section.
(e) In the event any audit or inspection conducted after final payrn=4 but within the
period provided in paragraph (d) of this Section, reveals any oveapayment by COUNTY under the
terms of the Agreement, CONSULTANT shall refund such overpayment to COUNTY within thirty
(30) days of notice by COUNTY.
Section 9. Rapon pities of CONSULTANT.
(a) CONSULTANT shall be responsible for the professional quality; technical
aowracy, competency methodology, accuracy, and the coordination of all of the following which
are listed for illustration purposes and not as a limitation: documents, analysis, reports data, plans
pis, maw, surveys, specifications, and any and all other services of whatever type or nature
furnished by CONSULTANT under this Agfeement. CONSULTANT shall, without additional
compensation, correct or revise any moors or deficiencies in his plans, analysis, data, repo,
designs, drawings, specifications, and any and all other services of whatever type or nature.
(b) Neither COUNCY's review, approval, or acceptance of, nor payment for, any of the
services required shall be construed to open as a waiver of any rights under this Agreement nor of
any cause of action arising out of the performance of this Agreement; and CONSULTANT shall be
and always remain liable to COUNTY in accordance with applicable law for any and all damages to
COUNTY caused by CONSULTANrs negligent or wrongful performance of any of the services
furnished under this Agreement.
Section 14. Ownership of Doeumeants. All deliverable analysis, reference data, survey
data, plans, and reports or any other form of written instr=eat or document that may result from
National Pollutant Discharge Mimination System (NPDES) Consultant Services
(PS- 8146 -IVM)
Page 8 of 22
for such additional costs if the failure to perform the Agreement arises without any fault or
negligence of CONSULTANT; provided, however, that CONSULTANT shall be responsible and
liable for the actions of its subcontractors, agents, employees, and persons and entities of a similar
type or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in
its sovereign or contractual capacity, tires, floods, epidemics, q=untine restrictions, sires, freight
embargoes, and unusually sevcm weather; bud in every me, the failure to perform must be beyond
the control and without any fault or negligence of CONSULTANT.
(d) If after notice of termination for failure to falfrll its Agreement obligations it is
determined that CONSULTANT had not so failed, the lamination shalt be conclusively deemed to
have been effected for the convenience of COUNTY. in su& event; adjustment in the Agreement
price shalt be made as provided in subsection (b) of this Section.
(e) The rights and remedies of COUNTY provided for in this Section are in addition
and supplemental to any and all o*erngbts and ranedics pmvided bylaw oriander this Agrgement
Section 12. Agreement and Work Order In Confizct. Whenever the terms of this
Agreement conflict with any Work Order issued pursuant to it, the Agreentea t shall prevail.
Section 13. Eqw d Opporhmft Employment: CONSULTANT ages that it will not
discriminate against any *employee or applicant for employment for work muter this Agreement
because of race, color, religion, sex, age,, disability, or national origin and will take steps to ensure
that applicants are employed, and employees are treated during employment without regard, to rage,
color, religion, sex, age, disability, or national arigiu, This provision shall include, but not be
limited to, the following: employment; upgradixzg, demotion or traas%r, recruitment advertising;
layoff or termination; raters of pay or other forms of compensation; and selection for training,
including apprenticeship.
National Pollutant Discharge Bliminaiion System (NPDM) Consultant Services
(PS- 8146.12/M)
Page 10 of22
Section 17. Subcontractors. In the event that CONSULTANT, during the course of the
work under this Agreement, requires the services of any subcontractors or other professional
associates in connection with services covered, by this Agreement, CONSULTANT must first
secure the prior express written approval of COUNTY. If subcontractors or other professional
associates are required in connection with the services coverers by this Agreement, CONSULTANT
shall remain folly responsible for the services of subcontractors or other professional associates.
Section IS. Indemni$ cation of COUN'T'Y. CONSULTANT agrees to hold harmless,
replace, and indemnify COUNTY, its commissioners, officers, employees, and agents against any
and all claim, losses, damages or lawsuits for damages, arising fimm the negligent; reckless, or
intentionally wrongffil provision of services hmunder by CONSULTANT, whether caused by
CONSULTANT or otherwise.
Secdon 19. Insurance.
(a) . CONSULTANT shall, at its own cos, procure insurance required under
this Section
(1) CONSULTANT shall famish COUNTY with a Certificate of Insurance on
a current ACORD Form signers by an authorized representative of the insucrer, evidencing the
utsurance required by this Section (Professional Liability, 'Workers' Compewation/Bmployces
Liability, Commercial General Liability, and Business Auto). COUNTY, its officials, officers,
and employees shall be named additional insured under the Commercial General Liability policy.
If the policy provides for a blanket additional insured coverage, please provide a copy of the
section of the policy along with the Certificate of Insurance. IF the coverage does not exist the
policy must be endorsed to include the additional inswred-verbiage. The Certificate of Insurance
shall pmvide that COUNTY shall be given, by policy endorsement, not less than thirty (30) days
Xational Pollutant Discharge Etiazinatiim System (NPDFS) Consaltartt Services
(PM146 -121M)
Page 12 of 22
(2) hi addition, such companies shall have and maintain a Best's Rating of
"A -' and a minimum Financial Size Category of "VII' according to AM Best Company.
(3) If during the period which an insurance company is providing the
insurance coverage required by this Agreement, an insurance company shall: (1} lose its
Cerficate of Authority; or (ix) fail to maintain the requisite Best's Rating and Financial Size
Category, CONSULTANT shall, as soon as CONSULTANT has knowledge of any such
Circumstance, immediately notify COUNTY and immediately replace the insurance coverage
provided by the insurance company with a different insurance company meeting the requiremcuts
of this Agreement. Until such time as CONSULTANT has replaced the unacceptable insurer
with an insurer acceptable to COUNTY, CONSULTANT shall be deemed to be in default of this
Agreement.
(c} Specifications. Without limiting any of the other obligations or liability of
.3
CONSUIJANT, CONSULTANT shall, at its sole expense, procure, maintain, and keep in force
amounts and types of insurance conforming to the minimum requirments set forth in this
subsection. Except as otherwise specified in this Agreemen4 the insurance shall become effective
upon execution of this Agreement by CONSULTANT and shall be maintained in force until the
expiration of this Agreement's term and/or the expiration of all Work Orders issued under this
Agreement, whichever comes first Mum by CONSULTANT to maintain insurance coverage
within the stated period and in compliance with insurance requirements of COUNTY shall
constitute a material breach of this Agreement, for which this Agreement may be immediately
terminated by COUNTY. The amounts and types of insurance shall conform to the following
minimum requirements:
National Pollutant Discharge Elimmaation Syst= (NPDES) CwuWtant Services
(PS- 8I46r12/IVP)
Page 14 of 22
General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by
the insurance Services Office, without the attachment of restrictive endorsements other than the
elimination of Coverage C, Medical Payment, and the elimination of coverage for Fire Damage
Legal Liability.
(B) The minimum limits to be maintained by CONSULTANT
(inclusive of any amounts provided by an Umbrella. or Excess Policy) shall be as follows:
General Aggregate Two (2) Times the Each Occurrence Limit
Personal &Advertising $1,000,000.00
Injury L mit
Each Occurrence Limit. $1,000,000.00
(3) Professional Liability Insurance. CONSULTANT shall cant' Professional
Insurance Liability insuurance with limits of not less than ONE MI UON AND NO /100
DOLLARS ($1,000,000.00).
(4) Business Auto Pow
(A) CONSULTANTs insurance shall cover CONSULANT for those
sources of liability wbich would be covered by Part IV of the latest edition of the standard. Business
Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Ins mmee Services
Office, without the attachment of restrictive endorsements. Coverage shall include owned, non -
owned and hired autos or any autos.
(B) The minimum limits to be maintained by CONSULTANT ( mclusive
of any amounts provided by an Umbrella or Excess policy) shall be pear accident combined single
limit for bodily injury liability and property damage liability. If the coverage is subject to an
aggregate, CONSULTANT shall maintain separate aggregate limits of coverage applicable to
claims arising out of or in connection with the work under this Agreement. The separate aggregate
National Pollutant Dlwhne E'limivation System (NPDES) CansAant Services
(PS- 8146 -121M)
Page 16 of 22
Seminole County Administrative Code. Contract claims include all controversies, except disputes
addressed by the `Prompt Payment Procedures," arising under this Agreement within the dispute
resolution procedures set forth in Section 3.5540, "Contract Claims," Seminole County
Administrative Code.
(b) CONSULTANT agues that it will file no suit or otherwise pmue legal remedies
based on facts or evidentiary materials that were not presented for consideration in COUNTY
dispute resolution proccxhirces set forth in subsection (a) above of whim CONSULTANT had
knowledge and failed to present during COUNTY dispute resolution procedures.
(c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is
fdcd or legal remedies arse otherwise pursued, the parties shall exercise best efforts to molve
disputes tlmough voluntary mediation. Mediator selection and the procedures to be employed in
voluntary mediation shall be mutually able to the parties. Costs of volmrtaty mediation shall
be shared equally among tho parties participating in the mediation.
Section 21. Representatives of couNTY and CONSULTANT.
(a) It is recognized that questions in the day - today conduct of perf romance pursuant to
Us Agreement will arise. COUNTY, i4 m request by CONSULTANT, shad designate in writing
and shall advise CONSUL'T'ANT in writing of one (1) or more of its employees to whom all
communications pig to the day - today conduct of this Agreement shall be addressed. The
designated representative shall have the authority to transmit mstrnctions, receive information, and
inteepret and define COUNTTs policy and decisions pertinent to the work covered by this
Agreement.
(b) CONSULTANT shall at all times during the normal work week designate or
appoint one or more representatives of CONSULTANT who are authorized to act on behalf of and
National Pollutant Discharge Elimination System (NPms) Consultant Services
(PS- 8146 -12IM)
Page 18 of 22
Section 27. Public Records Law. CONSULTANT acknowledges COUNTY's obligations
under Article t Section 24, Florida Constitution, and Chapter. 119, Florida Statutes, to release
public records to members of the public upon request CONSULTANT acknowledges that
COUNTY is required to comply with Article L Section 24, Florida Constitution, and Chapter 119,
Florida Statutes, in the handling of the materials created under this Agrecoaent and that said statute
controls over the terms of this Agreement.
Section 28. Compliance with Laws and Regulations. In providing all services pursuant
to this Agreement, CONSULTANT shall abide by ail statutes, ordinances, rules, and regulations
pertaining to or regWaiing the provisions of such services, including those now in effect and
hereafter adoptA Any violation of said statutes, ordinances, rates, or regulations shall. constitute a
material breach of this Agreement and shall entitle COUNTY to temxinate this Agreement
immediately upon delivery ofwntten notice of termmation to CONSULTANT.
Section 29. Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered or cetifed United States mail, return. receipt xquested,
addressed to the party for whom it is intended at the place last specified. The place for giving of
notice shall remain such until it shall have been changed by written notice in compliance with the
provisions of this Section. For the present, the parties designate the following as the respective
places for giving ofnotice�, txrwit:
For COUNTY:
Seminole County Public Works Department
200 West County Home Road
Sanford, Florida 32773
National Pollntant Discharge Elimination System WMPS) Cwsulmat Services
(PS -S 146- IVJVP)
Page 20 of 22
vAtnew
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Frbt Name
For the use and reliance
County only.
COUNTY, FLORIDA
D : /- &L
As authorized for eKwation by the Board of Seminole
County Comwissrones at its 2� L:D� regular ��g,
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1011=12=24!18113
P:IUsamlLegsI Set�tmryC381t4trc3asingZUL31Ap�eamendslP $8r46135cicacrsdoc
Attachmerits:
Exbbit A - Scope of Services
Exhririt B - Sample Work Order
ExInUt C - Rate Schedule
E ch1'bit D — Truth in Negotiations Certificate
National Yollutwt Discharge 81b&ation System OeDES) Consultant Servlees
(PS- 8145- 12rNP)
Page 22 of 22
SCOPE OF SERVICES
PURPOSE:
Seminole County desires the professional services of a CONSULTANT to assist the
Watershed Management Division in NPDES related compliance issues, including but
not limited to inspections, monitoring, and assessment of County -owned facilities and
natural waterbodles, in accordance with National Pollutant Discharge Elimination
System (NPDES) applications and permits. The, analyses and recommendations
provided by the CONSULTANT will give valuable input for the development of new
programs and assist In the compliance of NPDES mandated programs.
11. P=NT1AL WORK. EFFORTS
For the support of NPDES mandated programs the CONSULTANT may perform the
following typical tasks including but not limited to:
A. Facilities inventor- WavDina and Survevin
'Coordinate with FDOT District 5 .and the seven incorporated Cities (Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter
Springs) to assess, evaluate and compile infotma #an froram available sources, for
the inventory maintenance of COUNTY specifc stormwater management
facilities. This may include but not Simiied to Survey grade topographic and cross -
section information for drainage analysis and G1S grade mapping of drainage
inventory. All work must be performed by a Professional Surveyor and Mapper
Licensed in the State of Florida. Other activities include:
Assess and evaluate information obtained through the NPDES application
process,
Assess and evaluate existing COUNTY, FDOT District 5, and Munidpal
Information.
Coordinate with COUNTY' personnel -and compile information to maintain and
supplement time existing lnventory.
This inventory, may consist of, but Is not limited to:
Storm sewer systems (i.e., culvert location, size, type, age).
Natural and man -made drainage features (i.e., watercourses, ditches).
Watershed and basin delineation.
- Drainage patterns and corinectr*.
Structural' controls (i.e., retention /detention ponds, discharge structures,
etc.)
Dischargers to COUNTY's M84.
Drainage and conservation easements.
Land use Information.
Page 2 of 4
E. TIWDL Develonment:
Assist County /FDEP staff in the development of TMDL's (Total Maximum Daily
Loads) for "Impaired" water bodies /segments. Assist with the general Basin
Management Action Plan process, including project feasibility assessments,
proejct design and Implementation and project specific monitoring. Coordinate
with the COUNTVs NPDES co- applicants and TMDL stakeholders where
necessary throughout the execution of this contract.
F. Traininn:
Provide facilities, materials, and personnel for NPDES training activides,
Including but not limited to, erosion and sediment control training, pond
inspections, Illicit discharge and stormwater operator certification. Provide and/or
develop materials for NPDES public information and training programs.
G. Vegetation 'Monitonria:
Conduct upland and /or wetland vegetation monitoring; including report
preparation In accordance with applicable state and federal permits.
H. Watershed Assessments:
The CONSULTANT shall have the ability to develop and Implement a
comprehensive water quality monitoring program 'specifically tailored to the
County's needs. The CONSULTANT shall have the ability to coordinate -and
collect water quality samples, which may include collecting field parameters, as
well as samples that require timely delivery to an ahalyticai laboratory. Analytical
laboratory services may need to be provided throcigh the CONSULTANT (and
given prior approval by the COUNTY} or may be coordinated through the
County's contracted laboratory.
Tasks may include, but are not limited to; Collection of ambient grab samples,
development and implementation of storm event monitoring program (which may
include the set up, programming and collection of samples using the Counv-s
ISCO auto samplers or lather similar systems ), analyses of the results of the
samples collected, and development of pollutant loads and load reductions for
the storm event sampling.
Page 4 of 4
LRtil M -b-
WORK ORDER
TERMS AND CONDITIONS
a) Execution of this Work Order by the COUNTY shall serve as authorization for the CONSULTANT to
provide, for the stated project, professional services as set out in the Scope of Services attached as
Exhibit "A" to the Master Agreement cited on the face of this Work Order and as further delineated in
the attachments fisted on this Work Order.
b) Term: This Work Order shall take effect on the date of Its execution by the COUNTY and expires upon
final delivery, inspection, acceptance, and release of the final payments and encumbrances of the last
approved amount of this Work Order, unless terminated earlier In accordance with the termination
provisions herein.
c) The CONSULTANT shall provide said services pursuant to this Work Order, its Attachments, and the
cited Master Agreement (as amended, if applicable) which Is Incorporated herein by reference as If it
had been set out In its entirety.
d) Whenever the Work Order conflicts with the cited Master Agreement, the Master Agreement shall
prevail.
e) METHOD OF COMPENSATION - If the compensation Is based on a:
(1) FIXED FEE BASIS, then the Work Order Amount becomes the Fixed Fee Amount and the
CONSULTANT shall perform all work required by this Work Order for the Fixed Fee Amount.
The Fixed Fee Is an all- inclusive Firm Fixed Price binding the CONSULTANT to complete the
work for the Fixed Fee Amount regardless of the costs of performance. The work to be
performed by the CONSULTANT shall be based on the Labor Hour Rates established In the
Master Agreement that are in effect on the date of the CONSULTANT`S price proposal for
this project. In no event shall the CONSULTANT be paid more than the Fixed Fee Amount.
(ii) TIME BASIS WITH A NOT-TO-EXCEED AMOUNT, then the Work Order Amount becomes the
Not-to-Exceed Amount and the CONSULTANT shall perform all the work-required by this
Work Order for a sum not exceeding the Not -to- Exceed Amount. In no event Is the
CONSULTANT authorized to incur expenses exceeding the not-to-exceed amount without
the express written consent of the COUNTY. Such consent will normally be in the form of
an Amendment to this Work Order. The CONSULTAIWs compensation shall be based on
the actual work required by this Work Order and the Labor Hour Rages established in the
Master Agreement that are in effect on the date of the CONSULTANTS price proposal for
this project
(Tit) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT, then the Work Order Amount
becomes the Limitation of Funds amount and the CONSULTANT is not authorized to exceed
the Limitation of Funds amount without prior written approval -of the COUNTY. Such
approval, if given by the COUNTY, shall indicate a new Limitation of Funds amount. The
CONSULTANT shall advise the COUNTY whenever the CONSULTANT has incurred expenses
on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds
amount. The CONSULTANT's compensation shall be based on the actual work required by
this Work Order and the Labor Hour Rates established In the Master Agreement.
(lv) The CONSULTANT may utilize labor categories that are not included in the attached
fee proposal, but that have been approved in the Master Agreement. If a substitution is
necessary, tie work shall be completed within the approved Time Basis (Not-To-Exceed or
Limitation of Funds) Work Order Amount, and in no event shall the Work Order Amount be
modified as a result of any changes in labor categories. The CONSULTANT shall submit a
written request to the County's Project Manager for approval of any substitution prior to the
utilization of any labor category for service, and the County Project Manager's approval of
any substitution must take place prior to submission of the Invoice. Any approved labor
category substitution shall be based on the prevailing labor categories and their associated
Work Omer— Contracts, Rev 11/14111 Paget of 3
Exhibit c
ESCIINC OP 10: BF
' " CERTIFICATE OF LIABILITY INSURANCE
DATE (M
TYPE OF INSURANCE
05729121)9120 3
13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: 407 -841 -2686
Hatcher Insurance, Inc.
P.O. Box 540689 Fax: 407.841 -2688
Orlando, FL 32864.0689
Marion F. Hatcher, II
NAME: T
PHONE FAX Nt
1W EXtk
ADDRESS:
INSURIUMAFFORDIXGCOVERAGE
NAILS
84024746502
INSURERA:American Cas. Co. Reading PA
20427
INSURED E Sciences,incorporated
Attu: Melanie Aldridge
34 E. Pine Street
Nsumm a Valle For a Insurance Co.
20508
INSURER C: Continental Casualty Company
20443
NsuRmD.Zurich- American Ins. Co.
16535
Orlando, FL 32801
NsuRm E: Hudson Specialty Ins. Co.
37079
GRALAGGREGA•rE
INSURER F
GENLAGC,NEGATEUw APPLIES PEA:
POLICY x PRO LOC
PRODUCTS- COMPIOPAGG
t,V YCRAV Ga GtK I wa;A tE NIIMHF-H 0e1neln@ ul /ur,cn.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IC SR
TYPE OF INSURANCE
X
POUCYNUM13ER
MMNOD
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D
GENERAL LIA80.T7Y
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cL,uMS LaAOE �X occuR
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84024746502
11/02/2012
11102)2013
EACH OCCURRENCE
s 2,000,000
OM41 E
$ 300,00
MED EXP (Any the )
s _ - - -- 10,000
PERSONAL 6 ADV INJURY
S 2,000,00
GRALAGGREGA•rE
s 4,000,00
GENLAGC,NEGATEUw APPLIES PEA:
POLICY x PRO LOC
PRODUCTS- COMPIOPAGG
S 4,000,00
$
B
AUTOMOBILELIABlLTTY
ANYAUTO
ALL 01"ED SCHEDULED
AUTOS AUTOS
NIREOAUTOS X
Ix
024245527
11/0212012
11/0712013
COMBINED
Ea arskfenlL
1,000,00
BODIL.YNJURY(Petpw=)
S
BODLYIN MRY(Peraedderd)
S
PROPI3tTYOAAIAGE
S
S
UMBRELLA Lutz
EXCESS
X
occur
CwlaS.MADE
1
4024249173
11/0212012
11/0212013
EACH OCCURRENCE
S 3,000,00
1
AGGREGATE
S 3,000,00
DED I X I REnwnoNs 10000
s
D
WORKERSCOMPENSATION
ANYPROPRtESORNPA�YNN
R,of -ma EXCLUDED?
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SI INCLUDED
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s 1,000,00
- -
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F-L_ DISEASE - POLICY LIMIT
s 1,000,00
$
E
Professional Liab
Pollution Liab
SB1902121204
S91902121204
11/0212012
11102/2012
11/0212013
11/02/2013
Ea Occur 1,000,00
Aggregate 2,000,00
DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD ICI. Addloond Rematks SdmMe,it mam spate is mquhvd)
Project: PS- 8146- 1210VP - Master Services Agreement: for NPDRS
Attached Additional insured
SEMICOU
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Seminole County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
Attn:Purchasing /Contracts Div AUTHORIZED REPRESENTATIVE
I
Sanford, FL 32771
®1988 -2010 ACORD CORPORATION. All rights reserved.
AUVKU Z5 (ZUTUNUS) The ACORD name and logo are registered marks of ACORD
POLICY MuNBER INSURED N2= AND ADDRESS
B 4024246502 E Sciences, Incorporated
34 E PINE ST
OIt�O, FL 32801
POLICY CHANGES
SNDORSEM.ENT EFPF=XVB 01/10/2013
This Change Endorsement changes the Policy. Please read it carefully.
This Change Endorsement in a part of your Policy and takes effect an the
effective date of your Policy, unless another effective date is shown.
SB- 147052 -A
(Ed. 03/06)
This form has been added to the policy:
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGES - NOTICE OF CANCELLATION
OR MATERIAL COVERAGE CHANGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this Coverage Part (other than
the reduction of aggregate limits through payment of claims), we
agree to mail prior written notice of cancellation or material
change to:
SCHEDULE
1. Number of days required by state: 3o
2. Name: SEMINOLE COUNTY
3. Address: ATTN: PURCHASING /CONTRACTS DIVISION, 1301 E. SECOND ST,
SANFORD, FL 32771
WrMertofih swd
G- 56015 -B (ED. 11/91)
P Seaei ry