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