301-CPH-Amendment 16 November 7, 1~4 REC~Vd
~r. ~in s~o~, P. NOV 0 7
City of S~ford
P~ O. Box 1788 ~I~Y O[
S~ford, Florida 32772-1788
~DES Group I Pe~t Application
Amendment 16 to Agr~ment Dat~ D~mber 17, 1987
CPH Job No.
De~ Mr. S~ons:
Enclosed ~e ~o copies of ~ndment 16, ex~ut~ by CPH, covering ~e work ite~ fierefined to
be n~ess~y to respond to ~e NPDES Group I Permit Application for Seminole County.
PIece si~ ~d r~ one copy to us for our file, ~ our author~ation to prod with ~is proj~.
If you have ~y question, piece con~ us.
~~r~P~ Senior Vice President
Enclosures
C,~3OI
AMENDMENT 16 TO AGREEMENT
DATED
DECEMBER 17, 1987
CONSULTING ENGINEERING SERVICES
FOR
STORMWATER NPDES PART I GROUP PERMIT APPLICATION
BETWEEN
THE CITY OF SANFORD
AND
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
This Amendment dated November/r""~., 1994, by and between the City of Sanford (hereinafter called
the OWNER) and Conklin, Porter & Holmes - Engineers, Inc. (CPH) (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
services herein authorized.
The appropriate provisions of the December 17, 1987, Agreement apply as fully as if repeated herein.
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 OWNER has entered into an Interlocal Agreement dated June 13, 1994, by and between
the City of Sanford and 7 other local Cities and Seminole County providing joint application for an
NPDES, Part I Permit for municipal separate storm sewer systems, and
Whereas the OWNER has an established relationship and continuing services agreement with ENGINEER
for provision of services on related projects on which the ENGINEER previously prepared Engineering
Studies, Engineering Designs, Plans, Specifications, and
Whereas, the OWNER through its consulting Engineers has completed previous engineering studies,
designs, engineering plans, specifications, and certain bidding documents, permitting, and other services
related to said stormwater facilities by the OWNER, and
Whereas, the ENGINEER is intimately familiar with and qualified for this project work including the
drainage facilities of the Owner and has personnel and capabilities to perform the designated services,
NOW THEREFORE, the OWNER and the ENGINEER for the considerations named hereinafter agree
as follows:
SECTION 1
PURPOSE OF AMENDMENT
1.1 GENERAL
1.1.1 The purpose of this Amendment is to provide for Engineering Services, more specifically
itemized herein, in the preparation and provision of reports, mapping, and other exhibits
for the Stormwater NPDES Part I Group Permit Application as a co-applicant with
Seminole County and other local municipalities to comply with EPA regulation 40 CFR
Part 122.26.
1.1.2 The work included in this Amendment is intended to be a joint effort by the ENGINEER
and the OWNER to prepare the City of Sanford's submittal package on the Stormwater
NPDES Part 1 Group Permit Application. The services to be performed under this
Amendment have been determined based upon review of the County's project outline and
tasking sheet as to specific items to be submitted by the City and upon scope discussions
with the City Staff as to which items are to he prepared primarily by the City Staff and
which by the ENGINEER.
1.1.3 It is anticipated that other professional service work not included in this Amendment will
be subsequently negotiated and authorized. These subsequent authorizations would cover,
but not necessarily be limited to additional work and coordination involved with
satisfactory response to CDM/Seminole County and/or EPA for NPDES Part I permit
approval.
1.1.4 Additional subconsultant services of surveys, and environmental scientist (jurisdictional
and permitting) services, or other specialist services are not included. If these services
are subsequently determined advisable during the course of the work, they may be
considered for authorization as an additional service under Section 3 of this Amendment
or separately provided by the OWNER or consultants employed directly by the OWNER.
SECTION 2
SCOPE OF SERVICES
2.1 GENERAL SERVICES OF THE ENGINEER
2.1.1 The ENGINEER agrees to perform professional services in connection with the project
as hereinafter stated.
2.1.2 The ENGINEER will serve as the OWNER's professional engineering representative in
those phases of the project to which this Amendment applies, and will give consultation
and advice to the OWNER during the performance of his services. The ENGINEER will
perform the services for the City Commission under the general supervision of the City
Manager and Utilities Director and will submit interim information to them for their
review, input, decision, etc. as appropriate.
2.1.3 Attached as Exhibit "A", is a Plan of Study which is hereby made a part of this
Amendment showing the scope of work contemplated, the time estimates, and overall cost
estiraates for the initial scope of work generally described herein.
2.2 ENGINEERING SERVICES - DATA COLLECTION, ANALYSIS AND PERMITS
2.2.1 Source Identification
A. Gather previous stormwater studies available and review for pertinent information
identification of major ouffalls and contributing drainage areas to each major ouffall.
B. Review with City, the Waters of the U.S. as defined by EPA and determine what is to
be included as Waters of the U.S. within the City.
C. Obtain 1" = 1000' Scale base map from City and delineate Waters of the U.S. thereon.
D. Assist City with Identification of known stormwater "major" ouffalls to Waters of the
U.S. within the City. Meet with City personnel to gather additional input and assistance
in identifying "major" outfalls. City Staff will concentrate on Locust Avenue Basin and
East Side Basin (Midway Basin). CPH will concentrate on Mill Creek/Cloud Branch
Basins (consider creek outfalls to Lake Monroe only), Lake Jessup Basin, and Smith
Canal/Monroe Basin (if necessary).
E. Assist City with identification of known industrial "major" outfalls to Waters of the U.S.
and MS4 (municipal separate storm/sewer system). Utilize industrial site information
provided by CDM/County.
F. Designate locations of established "major ouffalls" on work maps utilizing a numbering
system agreeable to the City.
G. Develop a data base listing of the "major" outfalls to include an identification number,
location address, and pipe size. Data base format to be coordinated with County and its
Engineer (Camp, Dresser & McKee - CDM).
H. Incorporate on work map, the existing known BMP (Best Management Practice) locations
and TDS (treatment, storage, disposal) sites as provided by City Staff.
I. CPH (and City) to establish contributing drainage area boundaries for each major outfall
based on existing topographic information and City stormwater maps for the drainage
basins identified in Task D. CPH will assimilate and mark drainage boundaries on work
map.
Generate a digitized ACAD overlay map of the established contributing drainage area
boundaries of each major outfall. Also, show location and identification of each major
outfall, and designated Waters of the U.S.
K. Meet with City to review prepared material prior to submittal to CDM/County.
L. Make two separate submittals to CDM/County.
(1) Prepared products through Task H.
(2) Prepared products from Tasks I and J.
2.2.2 Discharge Characterization
A. Collect existing available reports on surface water quality studies/programs within the
City for submittal to CDM/County.
B. Review water quality programs and prepare brief written summary description.
C. Submit copies of appropriate reports from Task A and the written summary from Task
B to CDM/County.
2.2.3 Assessment of Existing Stormwater Management Programs
A. City Staff will obtain and review applicable City regulations, elements of the
Comprehensive Plan, budget planning reports, etc., as they relate to control of
stormwater pollutant discharge and illicit connections. City Staff will prepare a written
summary description.
B. CPH will assist City with written summary descriptions of those items in Task A, by
review and comment on written summary prepared by City Staff. Description will
address structural and source controls, O&M, construction activities, flood plain
management controls, wetland protection, BMP's and emergency spill response. (Format
to be agreed upon with CDM.)
2.2.4 Assessment of Existing Fiscal Resources
A. Obtain from the City their Fiscal Year 93-94 finance documents (budgets, audits, etc.)
and a list of current assets and liabilities as to stormwater items.
B. Review with the City the documents obtained in Task A. Assist City with a brief
description to clarify items related to stormwater management and Part 2 of the NPDES
Permit Application by review and cogent of written summary prepared by City Staff.
Co Discuss with the City the future proposed budgets as they relate to stormwater
management and Pan 2 of the NPDES Permit Application. Assist City with
incorporation of information as necessary into the description to be prepared under Task
B.
D. Submit the description with supporting documents from Task A to CDM/County;
address comments by CDM and supply additional information as necessary.
2.2.5 Planning/Administration/Coordination
A. Attend initial planning/coordination meeting with City personnel.
B. Attending planning/coordination meetings as called for by CDM. It is estimated that 4
meetings will be held.
C. Additional coordination with CDM and/or County outside of the scheduled meetings.
Two anticipated.
D. Meetings/coordination with City. It is estimated that a total of 4 meetings will be held.
SECTION 3
SUPPLEMENTARY SERVICES OF THE ENGINEER
3.1 If authorized in writing by the OWNER prior to the rendering of such services, the
ENGINEER will furnish or obtain under subcontracts, supplementary services of the
following types which will be paid for by the OWNER as described in SECTION 5,
Paragraph 5.1.2.
3.2.1 Additional services due to significant changes in the scope of the project or its design
including, but not limited to, changes in size, complexity, character of construction or
due to time delays in initiating or completion of the work as described herein.
3.2.2 Additional services in connection with the project including services normally furnished
by the OWNER as described in Section 4 herein and services not otherwise provided for
in this Amendment.
3.2.3 Preparing to serve and/or serving as an expert witness for the OWNER in any protest,
litigation, or other proceeding involving the project.
3.2.4 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, EPA, or other regulatory agency
requirements.
3.2.5 Training services for outfall sampling.
3.2.6 Except as otherwise provided herein, services or additional costs associated with revising
previously submitted material, plans, reports, or other documents prepared by the
ENGINEER when such revisions are due to causes beyond the ENGINEER'S control.
3.2.7 Provide through subconsultants, surveys, 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
OWNER.
SECTION 4
THE OWNER'S RESPONSIBILITIES
4.1 The OWNER will:
4.1.1 Provide City Staff input on specific work tasks as enumerated under Section 2 of this
Amendment, as generally described in Paragraph 1.1.2.
4.1.2 Advise the ENGINEER of his requirements for the project and designate a person to act
as the OWNER'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 OWNER's policies and decisions pertinent
to the work covered by this Amendment.
4.1.3 Guarantee access to and make all provision 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 Obtain and provide data requested that is reasonably available on the project, including
land use and planning information, City ordinances, Comprehensive Plan, and
fiscal/budgeting information.
4.1.5 Provide personnel to locate facilities and mow, trim, or otherwise make them accessible
for inspection.
4. 1.6 Examine all studies, reports, sketches, 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.
4.1.7 Obtain 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.
4.1.8 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense, soils
investigations if advised in writing by the ENGINEER that they are necessary or
advisable.
4.1.9 Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense,
necessary additional services as stipulated in Section 3 of this Amendment, or other
services as required.
4.1.10 Provide such legal, accounting, and insurance counseling services as may be required for
the project, and such auditing services as the OWNER may require.
4.1.11 Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
SECTION 5
PAYMENT
5.1 PAYMENT
Payments 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 5,2.4 herein) times a factor of 1.95 plus all reimbursable
expenses. The fee for the services described herein shall not exceed $ 12,000.00.
5.2 REIMBURSED EXPENSES
5.2.1 Expenses for items not specifically valued herein are to be reimbursed to the ENGINEER
at the actual enst thereof. Said expenses shall include transportation and subsistence of
principals and employees, when traveling in connection with the Project, toll telephone
calls, telegrams and similar project-related items.
5.2.2 The OWNER will make prompt monthly payments in response to ENGINEER's monthly
statements without retention for all categories of services rendered under this Amendment
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 mount 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 in accordance with Paragraph 3.2.3 will be computed
at a rate of $400.00 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 funding levels as set forth in Paragraph 5.1.1 and 5.2.1 herein).
5.2.5 If this Amendment 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. i
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 The ENGINEER shall promptly begin work on the services authorized by this
Amendment upon receipt of notice to proceed from the OWNER.
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 opinions 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 judgement
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.
6.2 The OWNER and the ENGINEER each binds himself and his partners, successors,
executors, administrators and assigns to the other party of this Amendment 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 OWNER and the ENGINEER.
SECTION 7
7.1 The OWNER hereby authorizes the ENGINEER to proceed with the preparation of
support material, plans, and reports for an NPDES Part I Permit Application as a co-
applicant.
7.2 The ENGINEER agrees to prosecute the work in a timely manner until the Project is
completed.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
the day and year first above written.
OWNER:
City of Sanford, Florida
ATTEST & SEAL
Date:9 ?
ENGINEER:
Conklin, Potter & Holmes - Engineers, Inc.
j · By:
Linda Gardner, Secretary/ ' ent
Treasurer Date:
EXHIBIT "A"
PLAN OF STUDY
CITY OF SANFORD
STORMWATER NPDES PART I GROUP PERMIT APPLICATION
"DETAI,]ED' PLAN OF' STUDY
'NPDES Part I Group Permi~ AppllcatiO~:ssi
1.0 SOURCE IDENTIFICATION
1.01 Gather previous stormwater studies available and review 2 8 2 $10.00
for pertinent information identification of major (copies)
outfalls and contributing drainage areas to each major
outfall.
1.02 Review with City. the Waters of the U.S. as defined by 2 4
EPA and determine what is to be included as Waters of the
U.S. within the City.
1.03 Obtain 1": 1000' scale base map from City and delineate i 6
Waters of the U.S.
1.04 Assist City with identification of known stormwater 2 8 8 $20.00
"major" outfalls to Waters of the U.S. within the City. (blueprints)
Meet with City personnel to gather additional input and
assistance in identifying "major" outfalls. City Staff
will concentrate on Locust Avenue Basin and East Side
Basin (Midway Basin). CPH will concentrate on Mill
Creek/Cloud Branch Basins. Lake Jessup Basin and Smith
Canal/Monroe Basin (if necessary).
1.05 Assist City with identification of known industrial 2 4
"major" outfalls to Waters of the U.S. and MS4 (Municipal
Separate Storm Sewer System). Utilize industrial site
information provided by CDM/County.
1.06 Designate locations of established "major outfalls" on 2 8
work maps utilizing a numbering system agreeable to the
City.
P E ~
1.07 Develop a data base listing of the "major" outfalls to 4 4 1
include identification numbers, location addresses, and
pipe sizes, using data base format provided by CDM.
1.08 Incorporate on work map, the existing known BMP (Best 2 8 4
Management Practice) locations and TSD (treatment,
storage. disposal) sites as provided by City Staff. City
to mark up maps; CPH to review.
1.09 CPH (and City) to establish contributing drainage area 2 12 24 $20.00
boundaries for each major outfall based on existing (blueprints
topographic information and City stormwater maps for the &
drainage basins identified in Task 1.04. CPH will
copies)
assimilate and mark drainage boundaries on work map.
1.10 Generate a digitized ACAD overlay map of the established 2 2 16 i $20.00
contributing drainage area boundaries of each major
outfall. Also show location and identification of each
major outfall. and designated Waters of the U.S.
1.11 Meet with City to review prepared material prior to 2 2
submittal to CDM/County.
1.12 Make two separate submittals to CDM/County:
1) Prepared products through Task 1.08. i 2 i $20.00
(prints &
copies)
2) Prepared products from Tasks 1.09 and 1.10. i 2 i $20.00
(prints &
copies)
2.0 DISCHARGE CHARACTERIZATION
2.01 Collect existing available reports on surface water 2 2
uality studies/programs within the City for submittal to
~DM/County. City to collect; CPH to review.
:: :: ':Pi::!~ I~ijr't. ! (;"():;;) I'!orriT. ~:y~lic'ln.~(~fi~!~ ~ !~i;!
!:: j:::: . · TASK ,:: ;:;;6:::EXPENSES:
2.02 Review existing City water quality regulations and 2 8 1
prepare brief written summary description.
2.03 Submit copies of appropriate reports from Task 2.01 and 2 1 $20.00
the written summary from Task 2.02 to CDH/County. (copies)
3.0 ASSESSMENT OF EXISTING STORMWATER HANAGEHENT PROGRAMS
planning reports, etc.. as they relate to control of
stormwater pollutant discharge and illicit connections.
City Staff will prepare a written summary description.
3.02 CPH will assist City with written summary description of 4 8 4
those items in Task 3.01, by review and comment on
written summary prepared by City Staff. Description will
address structural and source controls, 0 & M.
construction activities, flood plain management controls.
wetland protection. BMP's and emergency spill response.
(Format to be agreed upon with CDH.)
4.0 EXISTING FZSCAL RESOURCES
4.01 Assist City in reviewing their Fiscal Year 93-94 finance 2 1
documents (budgets. audits, etc.) and list of current
assets and liabilities as applies to stormwater issues.
4.02 Review with the City the documents obtained in Task 4.01. 2 6 2 )
Assist City with a brief description to clarify items
related to stormwater management and Part 2 of the NPDES
Permit application by review and comment of written
summary prepared by City Staff.
4.03 Discuss with the City the future proposed budgets as they I 2
relate to stormwater management and Part 2 of the NPDES
Permit application. Assist City with incorporation of
information as necessary into the description to be
prepared under Task 4.02.
T~SK ::::i?:~::: EXPENSES
4.04 Submit the description with supporting documents from 2 i $30.00
Task 4.01 to CDM/County; address comments by CDM and (Copies)
supply additional information as necessary.
5.0 PLANNING / ADMINISTRATION / COORDINATION
5.01 Attend initial planning/coordination meeting with City 4 4 2
personnel.
5.02 Attend planning/coordination meetings as called for by 2 8 2 $50.00
CDM. It is estimated that 4 meetings will be held. (Travel)
5.03 Additional coordination with CDM and/or County outside of 2 4
the scheduled meetings. Two anticipated.
5.04 Meetings/coordination with City. It is estimated that a 12 12 6 $40.00
total of 4 meetings will be held. Task includes
preparation. meetings and necessary follow-up.
Payroll Cost $ 6,088.19
x 1.95 $ 11,871.96
+ Expenses $ 250.00
$ 12,121.96
Use $ 12.000.00 As Maximum for Scope Described