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205-CPH-Amendment 36 AMENDMENT NO. 36 FOR CONSULTING ENGINEERING SERVICES FOR N.P.D.E.S. PERMITTING BETWEEN TRE CITY OF SANFORD AND CONKLIN, PORTER AND ROLMES-ENGINEERS, INC. Sanford (hereinafter called the CITY), n Conklin, Porter and Rolmes-Engineers, Inc., (hereinafter called the ENGINEER), is mutually agreed upon and declared an authorized Amendment for Consulting Engineering Services between the parties, herein setting forth the scope, terms and conditions of the work herein authorized. WREREAS, the ENGINEER's personnel have previously provided engineering services to the CITY through amendments to an agreement previously entered into on the 17th day of December 1983, and NOW TREREFORE, the CITY and ENGINEER for the considerations named hereinafter agree as follows: -1- SECTION I 1.1 Scope of Work: a. Assist the CITY in keeping up with and interpreting the regulations regarding EPA Stormwater NPDES Permits for Industrial Activities Not Belonging to a Group, and assistance in meeting regulation requirements. b. Examine NPDES regulations to determine if the City's Class 3 (yard waste and debris) landfill located in the area north of Lake Mary Boulevard adjacent to Loch Lowe Preparatory School requires an NPDES permit. The price of this proposal is based on NPDES permitting not being a requirement after the matter is explored. c. Assist the CITY by determining requirements of the regulations: by determining appropriate locations at the wastewater treatment plant and at the Department of Public Works shop to perform sampling,and by describing sampling requirements. The CITY would do the actual sampling and laboratory testing. d. Make inspections of the two sites listed in paragraph "c" above, to determine whether any preapplication improvements are needed or advisable and submit letter report on the subject. e. Complete drafts of Part A and Form 2F for Individual Permit, or Notice of Intent for CITY to use a General Permit, according to the "decision-tree timing" outlined in our memo dated October 4, 1991, attached as part of this Amendment. f. General advice and counsel and assistance to the CITY in connection with the scope of services as described herein. SECTION II 2.1 Method of Payment Payment for work done under this Amendment is to be made on a monthly basis upon approval of a satisfactory invoice based on payroll cost times a multiplier of 1.95, plus direct reimbursement for out-of-pocket and outside consultant (subcontractors) expense, if applicable, without increase. The maximum fee for the Scope of Services as described is S500.00. -2- SECTION III 3.1 Additional Services of the Enqineer: If authorized in writing by the CITY, the ENGINEER will furnish or obtain from others additional services of the following types which will be paid for by the CITY as indicated in Section II. 3.1.1 Additional services due to significant changes in general scope of the Project. 3.1.2 Revising previously approved studies and/or reports. 3.1.3 Additional services in connection with the project including services to be furnished by the CITY and services not otherwise provided for in this Amendment. SECTION IV 4.1.2 Successors and Assigns: The CITY and the ENGIM~R each binds himself and his partners, successors, executors, administrators, and assigns to the other party of this Amendment and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Amendment; except as above, neither the CITYnor the ENGINEER shall assign, sublet or transfer his interest in this Amendment 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 CITYand the ENGINEER. SECTION VI 6.1 CITY's Responsibilities: 6.1.1 Designate in writing a person to act as 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 CITY's policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this Amendment. 6.1.2 Furnish, or direct the ENGINEER in writing to provide, at the CITY's expense, necessary additional services as stipulated in Section III of this Amendment. or other services as required. -3- ~ION VII IN WITNESS W]IEKEOF, the parties hereto have caused this Amendment to be executed as of the day and year hereinabove set forth. CITY: CITY OF SANFORD, FLORIDA / ATTEST & SEAL ~ ~ By authority of the City Commission of the City of Sanford, Florida granted ~GINEE~: ~_~ ~ CONKLIN, PORTER & HOLME~~ By: ATTE T & SEAL Date: /d/~/ AMEND 36 (jms) -4- Memorandum Dated October 4, 1991 -5- Conkiln, Porter and Holmes TO: Mr. Jerry Herman, Public Works Director ity of anfo= FROM: Tarry M. ZaUdtke, P.E. Paul E. PoTter, P.E. B. C. Conklin, P.E. RE: EPA Stormwater NPDES Permits for Municipalities and other Industrial Activities not belonging to the Group DATE: 10/4/91 The proposed U.S. EPA Stormwater NPDES Rules published in the Auceast 16. 1991 Federal Re~ister have provisions for a general permit for the State of Florida. The general permit may provide a significant benefit to industrial (including Municipal) activities in that it provides reduced paperwork and monitoring/sampling over the requirements for an individual industrial permit which is the other alternative if an applicant needs a permit and did not join a group. An annual sampling of approximately eight parameters would be required under the general permit as DroDosed. Under the provisions of the ProPosed general permit, a municipality or industrial activity would file a Notice of intent (NOI) to come under the existing general permit for the whole State of Florida within 180 days of the proposed general permit issuance. The proposed draft was in the August 16, 1991 Federal Re~ister. It is expected that the general State of Florida permit will be finalized in late 1991 or early 1992. The Director (EPA) would determine if the activity listed on the NOI can be covered by the general permit or if an individual permit is required.. To paraphrase Item 3 (Pg. 48015) of the November 16, 1990 Federal Reuister, individual and group -, , ~ ~ Conkiln, 'Porter and Holmes permits are intended to cover industrial activities precluded for one reason or another from coverage by the general statewide permits which were to be proposed and promulgated by EPA in the near future. It is anticipated that the proposed rules for general permits will go into effect in the first part of 1992. However, there iS no guarantee that the regulations will be adopted as proposed or that a general permit will be issued for the State of Florida or that the proposed rule will not be changed in some other way. We are providing an attached decision tree which should help explain the system, and our recommendations. Individual permit applications (which is the other alternative to using the general permit) are now due by November 18, 1991. Lowever, the March 21, 1991 DroDosed rule, when finalized, will extend the date for submittal to May 18, 1992. According to Roosevelt Childress, E~A, a final rule should be out within two weeks officially extending the individual permit application deadline to May 18, 1992. To file for an individual permit, an applicant must fill out and submit Part I and Form 2F prior to the deadline. (November 18, 1991 or May 18, 1992 if extended) The Group Part I permit applications were due September 30, 1991. A group must consist of four or more facilities. By not joining a group, many of you may need to apply for either an individual or general permit. If the individual permit deadline is extended, we recommend that you prepare a rough draft application and defer finalizing it or submitting it until it can be seen if a general permit is approved for Florida before May 18, 1992. If the general Permit is approved, you would then submit a Notice of Intent (NOI) before the deadline and, if accepted, no further paperwork would be required. (See Decision Tree attached) Under the proposed regulations, EPA must notify the applicant that they Conkiln, :Po~er and Holmes would need to obtain an individual or group application if use of the general permit is denied, We recommend that the paperwork in rough draft form be prepared for an individual permit reasonably soon and be prepared to submit the information by November 18, 1991. However, we expect this deadline to be extended to May 18, 1992 by finalization of the March 21, 1991 rule on which the public comment period is now closed and the final rule expected within two weeks. Following that extension, we would then propose waiting for the finalization of the August 16, 1991 DroDosed Florida general permit expected by early 1992 and, at that point, a final decision be made prior to May 18, 1992 on whether to use an individual or general permit. Whether a municipality or other industrial activity submits an individual permit application (which includes Part i and Form 2F) or the NOI to come under the general permit, some quantitative and qualitative data (including sampling) are needed. It would be advisable to gather this data from at least one storm and evaluate the results for acceptability as soon as possible and well before the November 18, 1991 deadline to evaluate the situation in case the extensions are not finalized. The data includes: a. Date and Duration of Storm b. Rainfall Measurements (inches) (Greater than 0.1 inch required) c. Duration between event sampled and previous 8ve~ ~ee~e~ ~hen 0,~ inches, d. Size of Drainage Area e. Runoff coefficient estimate of the drainage f. Parameters to be sampled: 1. Oil & Grease 2. pH 3. BOD~ 4. COD 5. TSS 6. Total Phosphorus 7. Kjetdahl Nitrogen 8. Nitrate plus Nitrite Nitrogen g. For all discharges other than,those having a retention period greater than 24 hours, a grab sample taken during the first 30 minutes of the discharge and a composite flow sample (either flow weighted or time weighted) over the total storm period or designated portion thereof, therefore must be taken. Time weighted samples shall be made up of a maximu~ of 3 sample aliquots taken in each hour of discharge for the entire discharge period or for the first 3 hours of the discharge with each aliquot during an hour being separated by a minimum period of 15 minutes. Only grab samples need be collected and analyzed for oil and grease and pH. If you have any questions or if we can supply additional information, please advise. 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