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301-CPH-Amendment 26 C-3ol Amendment No. 26 To Agreement For Continuing Services For City of Sanford Downtown/Pump Branch Master Drainage Basin Plan, Permitting and Preliminary Engineering of Drainage Improvements Between The City of Sanford, Florida And Conkiln, Porter and Holmes - Engineers, Inc. <3~ d of , This Agreement made on the ~,2 ~- ay %/,,~,/cr~/~'~<~/ 1997 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 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 Engineer has previously performed work for the City described as the Downtown / Pump Branch Stormwater Drainage Improvements project, more specifically entitled "Phase I - Engineering Analysis", and WHEREAS, preliminary meetings have been held between City Staff and regulatory agency personnel to discuss the proposed project and the difficulties inherent in conventional water quality treatment in the highly-developed Sanford downtown and northern drainage basin areas, and WHEREAS, the City will be required to submit for an Individual Permit with the St. Johns River Water Management District because of the apparent inability of the City to comply with full District requirements for pollution abatement treatment for reasons previously mentioned, and WHEREAS, provisions exist under Section 7.2 of the Applicants Handbook (St. Johns River Water Management District) entitled "Public Works Projects" which enable municipal public works departments to obtain an Individual Permit for a master drainage plan, and WHEREAS, resolution of permitting issues will be incorporated into an overall Master Drainage Basin Plan for the Downtown and northern drainage basin areas and will further result in preliminary engineering for recommended drainage improvements, NOW THEREFORE, the City and the Engineer for the considerations named herein agree as follows: SECTION 1 Summarize and Review Existing Data 1.1 Summarize and Review Existing Data 1.1.1 Summarize and review previous drainage studies including the recently completed Downtown Stormwater Drainage Interceptor Improvements report, which recommended relieving the downtown drainage system by creating an overflow to the Pump Branch system. Review for drainage basin information and recommended drainage improvements. 1.1.2 Review summary information developed from the Downtown Stormwater interceptor Drainage Improvements Preliminary Study, Review information previously summarized regarding how other communities have addressed similar stormwater retrofit issues; the summary review of best management practices, stormwater treatment methods and other measures; and the planning level cost estimates associated with the various BMPs and treatment methods. 1.1.3 Review information to be provided by the City regarding available land parcels within the Downtown and Pump Branch basins. Also consider with the City what land may be available outside these basins to place stormwater facilities. The City will also furnish existing and future land use maps to further evaluate land parcels. 1.1.4 Gather available soils information regarding the Downtown and Pump Branch basins and any land parcels under consideration that are located outside these basins. 1.1.5 Assist the City in gathering information to describe the severity of flooding downtown, flood characteristics, flood duration, and impacts, including impacts upon local merchants. 1.1.6 Review detailed information to be provided by the City regarding the City's current stormwater operation and maintenance program, including specific programs of interest such as street sweeping. 1.1.7 Review with the City its ordinances/codes addressing stormwater management for both new development as well as re-development as part of the City's overall stormwater management plan. 1.1.8 Gather and review any existing, readily available stormwater quality data pertaining to the City, specifically the Downtown and Pump Branch basins. SECTION 2 Scope of Services 2.1 Evaluation 2.1.1 Review the Downtown and Pump Branch basin drainage conditions and identify with the City where drainage improvements would be beneficial. Conduct field observations with City staff at the possible improvement locations. Identify these locations on an overall basin-wide map (Task includes preparation of overall base map}. Improvements may consist of stormwater treatment ponds, exfiltration drains, catch basin treatment facilities, or other stormwater quality treatment facilities. Improvements may also incorporate conveyance system improvements. 2.1.2 Review available NPDES permitting reports with the City, and gather information regarding existing and proposed stormwater programs and any other commitments by the City as part of the NPDES program. Consider these for incorporation into the master basin plan. 2.1.3 Consider with the City if there is a need to collect additional stormwater quality data to adequately evaluate a basin-wide drainage improvement plan. 2.1.4 Evaluate with the City the areas previously identified within the basin to have flooding or other stormwater drainage problems. Identify possible collection, conveyance, treatment and BMP improvements to enhance the proposed downtown interceptor. Refer to the Downtown/Pump Branch Preliminary Study. 2.1.5 Preliminarily determine appropriate levels of stormwater quality and quantity treatment and design criteria for the overall basin plan. Evaluate alternate stormwater BMPs and water quality treatment methods basin wide. Identify on an overall basin map where various alternatives may be located. 2.1.6 Review and evaluate with the City the available land parcels for possible stormwater treatment/BMP facility locations. 2.1.7 Consider with the City what may be available as stormwater treatment outside the Downtown/Pump Branch basin that could be considered as compensating stormwater treatment. 2.1.8 Determine stormwater quality volumes for various levels of treatment, both overall and for each sub-basin as appropriate. Coordinate with possible treatment and BMP locations within the basin. 2.2 Preliminary Master Drainage Basin Plan 2.2.1 Investigate existing information, studies, and literature to determine reported effectiveness of BMPs and treatment methods under consideration with regard to both stormwater quality and quantity improvements. Request assistance and input from SJRWMD. 2.2.2 Based upon review and evaluation of the data collected under previous tasks, develop preliminary master drainage basin plan alternatives with the City. 2.2.3 Prepare preliminary hydraulic design flows and preliminary sizing of the selected treatment alternatives to assist in evaluating collection, conveyance, water quality and/or water quantity improvements. 2.2.4 Based upon rough planning level cost estimates prepared with the Downtown/Pump Branch preliminary study and other available information, prepare cost estimates for the various BMPs, treatment methods, and other possible basin-wide stormwater management programs (ie: public information, pollutant reduction incentives, etc.) under consideration. 2.2.5 Assist City in gathering and preparing a general financial funding evaluation to consider the availability of funds to implement and support a master drainage basin plan for the downtown area. Costs identified by the City for both on-going and future stormwater activities throughout the City need to be considered. The City will provide current and previous fiscal year budget documents and identify on-going future stormwater related costs. The intent of this evaluation is to demonstrate to the District what may or may not be reasonably funded by the City in the master drainage plan and to develop a master plan that is compatible with future funding to the satisfaction of the City. 2.2.6 Assist City in evaluating the public benefits involved with a basin-wide stormwater management/improvement plan. 2.2.7 Meet and coordinate with SJRWMD Staff in preparation of an acceptable drainage basin plan. Review preliminary plan alternatives with SJRWMD. 2.3 Preparation of Master Drainage Basin Plan 2.3.1 Based upon the evaluation of feasibility, effectiveness, and costs, select with the City the most beneficial BMPs and treatment alternatives that will best suit the City's needs. Prepare a written summary. 2.3.2 Prepare an overall basin plan, including identification of the selected BMPs and treatment methods at their proposed locations. Prepare a brief outline summary of the basin plan. 2.3.3 Prepare preliminary designs of the selected treatment methods and BMPs. Utilize the base map prepared in the Downtown Preliminary Study as a base for the preliminary design layouts. City will provide survey for elevation data if it is determined that the preliminary design will require such survey. Preliminary design will include layout, plan view, cross section or profile, and details (estimate is based on 5 primary facility locations). 2.3.4 Using the hydraulic model prepared in the Downtown Preliminary Study, revise the model as needed to reflect the preliminary pipe interceptor design. 2.3.5 Prepare a preliminary design of the downtown interceptor, including layout, plan and profiles (estimate at 4 sheets), and details. Prepare the base map from available City mapping. Complete the preliminary design based on the Downtown Preliminary Study and revised hydraulic model. 2.3.6 Prepare a Summary Master Drainage Basin Plan Report, to include an executive summary; background description and history of problems; basin information; feasibility, effectiveness and costs of BMPs and treatment alternatives; funding, operation and maintenance; development regulations and other stormwater control programs; revised modeling; and summary of the proposed drainage basin plan. 2.4 Permitting 2.4.1 Using the Master Drainage Basin Plan Report and preliminary design drawings, assist the City with submittal to SJRWMD for an Individual Permit for the Master Drainage Basin Plan. Assist with completion of the permit application and preparation of submittal documents. 2.4.2 Request a meeting with the SJRWMD upon application submittal to review the proposed drainage basin plan. 2.4.3 Assist the City in response to one RAI from the SJRWMD. Prepare written responses and revised drawings or report as necessary to respond to the RAI. 2.5 Geographical Scope 2.5.1 The scope of this Amendment is limited to the area tributary to the downtown drainage system. SECTION 3 Additional Services of the Engineer 3.1 If authorized by the City, the Engineer shall furnish or obtain from others the following additional services, or the City may provide these services separately or directly with the provider. Such additional services will be paid for by the City as outlined in Section 5. 3.1.1 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 due to time delays in initiating or completion of the work as described herein. 3.1.2 Preparation Of permit applications other than those specified in Section 2. 3.1.3 Preparation of final design plans, calculations and details for the downtown interceptor or any other stormwater improvements. 3.1.4 Provide through subconsultants, surveying, soils, environmental scientist (jurisdictional and permitting) services, or other specialist services. If these services are subsequently determined advisable during the course of the work, they may be considered for authorization as an additional service under this Section or separately provided by the City. 3.1.5 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. 3.1.6 Additional services resulting from public protests, administrative hearings, or similar matters. 3.1.7 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. 3.1.8 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, Corps of Engineers, Seminole County, or other regulatory agency requirements. 3.1.9 Additional services in connection with the project including services normally furnished by the City as described in Section 4 herein and services not otherwise provided for in this Agreement. SECTION 4 City Responsibilities 4.1 The City will: 4.1.1 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 Cit,/'s policies and decisions pertinent to the work covered by this Amendment. 4.1.2 Obtain and provide data requested that is reasonably available on the project. 4.1.3 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. 4.1.4 Make facilities accessible for inspection. 4.1.5 Examine all studies, reports, sketches, schedules, 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. 4.1.6 Assist in obtaining 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. 4.1.7 Furnish or direct the Engineer in writing to provide at the City's expense, any subconsultant services not designated in Section 2, if advised by the Engineer and City concurs that they are necessary. 4.1.8 Furnish, or direct the Engineer in writing to provide at the City's expense, necessary additional services as stipulated in Section 3 of this Amendment, or other services as required. 4.1.9 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. 4.1.10 Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Project. SECTION 5 Payment 5.1 Payment for services and expenses of the Engineer to be as set forth below: 5.1.1 Principals and Employees of the Engineer. 5.1.2 Compensation paid Engineer for services described herein and rendered by principals and employees assigned to the Project will be computed by multiplying Direct Personnel Expense (defined in paragraph 5,2.3 herein) times a factor of 1.95 plus all reimbursable expenses. The fee for the engineering services for the Service described in Section 2, plus out of pocket expenses as described in 5.2.1 below at actual cost thereof shall not exceed $46,069.90. Exhibit A, which is attached to this Agreement, provides a proposed Man-hour and Expenses cost breakdown. 5.2 Reimbursed Expenses 5.2.1 Expenses for items not specifically valued herein are to be reimbursed to the Engineer at the actual cost thereof. Said expenses shall include transportation and subsistence of principals and employees, when traveling in connection with the project, toll telephone calls, telegrams, prints, photocopies, and similar project-related items, 5.2.2 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. 5.2.3 Direct Personnel Expense used as a basis for payment shall mean the salaries and wages paid to principals and employees of all classifications engaged directly on the Project, plus the cost of fringe benefits including but not limited to, social security contributions, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. For purposes of this Amendment, Direct Personnel Expense shall be considered an amount equal to 1.48 times applicable salaries and wages, 5.2.4 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding will be computed at a rate of ~600.00 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 5.1.2 and 5.2,1 herein). 5.2.5 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 5.1.2 and 5,2.1 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 shall be paid for any additional services authorized and rendered under Section 3. 5.2.6 Services provided by outside subconsultants will be billed at the direct cost without increase. 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 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 WREREOF, the parties hereto have made and executed this Amendment the day and year first above written. CITY: (ATTEST &; City ~ SEAL) o ano , i a :- : - ENGINEER: '(ATTEST &SEAL) Conkiln, Porter &Holmes - Engineers, Inc. Paul E. Porter, P.E., President Date: I ° -~, ~'~ ~ PLAN OF STUDY ITEM DESCRIPTION P E T D S ESTIMATED EXPENSES 0.0 Kick-off meeting with City 2 4 2 1.0 Data Gathering and Review 1.1 Gather and review previous drainage 4 2 studies which included the Downtown and Pump Branch drainage basins. Review for drainage basin information and general recommended drainage improvements. 1.2 Review summary information developed 2 2 2 1 from the Downtown Stormwater Interceptor Drainage Improvements Preliminary Study. Review information previously summarized regarding how other communities have addressed similar stormwater retrofit issues; the summary review of best management practices, stormwater treatment methods and other measures; and the planning level cost estimates associated with the various BMPs and treatment methods. 1.3 Review information to be provided by the 1 2 4 4 1 10.00 City regarding available land parcels within the Downtown and Pump Branch basins. Also consider with the City what land may be available outside these basins to place stormwater facilities. The City will also furnish existing and future land use maps to further evaluate land parcels. 1.4 Gather available soils information regarding 2 4 4 I 10.00 the Downtown and Pump Branch basins and any land parcels under consideration that are located outside these basins. 1.5 Assist the City in gathering information to 2 4 6 4 describe the severity of flooding downtown, flood characteristics, flood duration, and impacts, including impacts upon local merchants. 1.6 Review detailed information to be provided 2 8 8 1 10.00 by the City regarding the City's current stormwater operation and maintenance program, including specific programs of interest such as street sweeping. ITEM DESCRIPTION P E T D S ESTIMATED EXPENSES 1.7 Review with the City its ordinances/codes 1 4 6 2 20.00 addressing stormwater management for both new development as well as re-development as part of the City's overall stormwater management plan. 1.8 Gather and review any existing, readily 1 4 8 2 20.00 available stormwater quality data pertainlng to the City, specifically the Downtown and Pump Branch basins. 2.0 Evaluation 2.1 Review the Downtown and Pump Branch 2 4 16 8 4 50.00 basin drainage conditions and identify with (for basin base the City where improvements would be map image beneficial. Conduct field observations prep.) with City staff at the possible improvement locations. Identify these locations on an overall basin-wide map (Task includes preparation of overall base map). improvements may consist of stormwater treatment ponds, exfiltration drains, catch basin treatment facilities, or other stormwater quality facilities. Improvements may also incorporate conveyance system improvements. 2.2 Review available NPDES permitting reports 2 8 4 1 30.00 with the City, and gather information regarding existing and proposed stormwater programs and any other commitments by the City as part of the NPDES program. Consider these for incorporation into the master basin plan. 2.3 Consider with the City if there is a need to 1 1 1 collect additional stormwater quality data to adequately evaluate a basin-wide drainage improvement plan. 2,4 Evaluate within the City the areas 4 4 4 2 previously identified within the basin to have flooding or other stormwater drainage problems. Identify possible collection, conveyance, treatment and BMP improvements to enhance the proposed downtown interceptor. Refer to the Downtown/Pump Branch Preliminary Study. ITEM DESCRIPTION P E T D S ESTIMATED EXPENSES 2.5 Preliminarily determine appropriate levels 4 24 16 8 4 20.00 of stormwater quality and quantity treatment and design criteria for the overall basin plan. Evaluate alternate stormwater BMPs water quality treatment methods basin wide. Identify on an overall basin map where various alternatives may be located. 2.6 Review and evaluate with the City the 2 8 12 2 available land parcels for possible stormwater treatment/BMP facility locations. 2.7 Consider with the City what may be 2 4 4 1 available as stormwater treatment outside the Downtown/Pump Branch basin that could be considered as compensating stormwater treatment. 2.8 Determine stormwater quality volumes for I 4 8 various levels of treatment, both overall and for each sub-basin as appropriate. Coordinate with possible treatment and BMP locations within the basin. 3.0 Preliminary Master Drainage Basin Plan 3.1 Investigate existing information, studies, 4 24 24 4 20.00 and literature to determine reported effectiveness of BMPs and treatment methods under consideration with regard to both stormwater quality and quantity improvements. Request assistance and input from SJRWMD. 3.2 Based upon review and evaluation of the 4 4 8 8 2 data collected under previous tasks, develop preliminary master drainage basin plan alternatives with the City. 3.3 Determine preliminary hydraulic design 2 12 24 8 4 flows and preliminary sizing of the selected treatment alternatives to assist in evaluating collection, conveyance, water quality and/or water quantity improvements. ITEM DESCRIPTION P E T D S ESTIMATED EXPENSES 3.4 Based upon rough planning level cost 2 12 24 4 estimates prepared with the Downtown/Pump Branch preliminary study and other available information, prepare cost estimates for the various BMPs, treatment methods, and other possible basin-wide stormwater management programs lie: public information, pollutant reduction incentives, etc.) under consideration. 3.5 Assist City in gathering and preparing a 2 8 2 10.00 financial funding evaluation of both ongoing and future City-wide stormwater activity. Consider availability of funds to implement a proposed master drainage basin plan. 3.6 Assist City in evaluating the public 2 4 2 benefits involved with a basin-wide stormwater management/improvement plan. 3.7 Meet and coordinate with SJRWMD Staff 2 4 4 2 50.00 in preparation of an acceptable drainage basin plan. Review preliminary plan alternatives with SJRWMD. 4.0 Preparation of Master Drainage Basin Ran 4.1 Based upon the evaluation of feasibility, 4 8 4 2 effectiveness, and costs, select with the City the most beneficial BMPs and treatment alternatives that will best suit the City's needs. Prepare a written summary. 4.2 Prepare an overall basin plan, including 1 4 6 4 1 identification of the selected BMPs and treatment methods at their proposed locations. Prepare a brief outline summary of the basin plan. 4.3 Prepare preliminary designs of the selected 5 16 28 44 4 100.00 treatment methods and BMPs. Utilize the Base Map base map prepared in the Downtown Preparation Preliminary Study as a base for the preliminary design layouts. City will provide survey for elevation data if it is determined that the preliminary design will require such survey. Preliminary design will include layout, plan view, cross section or profile, and details (estimate is based on 5 primary facility locations). ITEM DESCRIPTION P E T D S ESTIMATED EXPENSES 4.4 Using the hydraulic model prepared in the 2 16 16 2 Downtown Preliminary Study, revise the model as needed to reflect the preliminary pipe interceptor design. 4.5 Prepare a preliminary design of the 4 12 32 40 4 50.00 downtown interceptor, including layout, plan and profiles (estimate at 4 sheets), and details. Prepare the base map from available City mapping. Complete the preliminary design based on the Downtown Preliminary Study and revised hydraulic model. 4.6 Prepare a Summary Master Drainage Basin 3 20 24 4 4 20.00 Plan Report, to include an executive summary; background description and history of problems; basin information; feasibility, effectiveness and costs of BMPs and treatment alternatives; funding, operation and maintenance; development regulations and other stormwater control programs; revised modeling; and summary of the proposed drainage basin plan. 4.7 Submit five (5) copies of the final Master 4 150.00 Drainage Basin Plan Report and preliminary design drawings/sketches to the City. 5.0 Permitting 5.1 Using the Master Drainage Basin Plan 1 2 8 4 8 150.00 Report and preliminary design drawings, assist the City with submittal to SJRWMD for an Individual Permit for the Master Drainage Basin Plan. Assist with completion of the permit application and preparation of submittal documents. 5.2 Request a meeting with the SJRWMD 2 2 4 1 10.00 upon application submittal to review the proposed drainage basin plan. 5.3 Assist the City in response to one RAI 1 4 8 4 2 150.00 from the SJRWMD. Prepare written responses and revised drawings or report as necessary to respond to the RAL TOTAL 70 243 316 140 83 $880.00