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Home My WebLink About2001 Contract PROFESSIONAL SERVICES AGREEMENT FOR STORMWATER UTILITY THIS AGREEMENT made this ~ day of April, 2001, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida~ 32958, ("City") and CAMP, DRESSER & MCKEE, 1NC., a corporation authorized to do business in the State of Florida, 1701 State Road A-I-A, Suite 301, Veto Beach, Florida 32963, ("Consultant"), provides that WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in formulation of a stormwater utility fee assessment program in accordance with the requirements of law; and WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with the requirements of law; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. Recitals. The above recitals are incorporated herein as if set forth in their entirety. 2. Employment of Consultant: The City hereby agrees that it does engage the Consultant and the Consultant hereby agrees to perform professional services for the City in formulating a stormwater utility fee assessment program in accordance with the Scope of Work attached hereto as Exhibit "A" ("Work"). 3. Project Schedules: The Consultant shall perform the services outlined under Exhibit "A" of this Agreement in a timely manner donsistent with the assignment schedules as mutually agreed upon by the City and the Consultant so as to enable implementation of a stormwater utility fee assessment on the year 2001 tax notices. 4. Joint Cooperation: Close collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entkled at all times to be advised, at its request, of the status of Work and of the details thereofi The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Work. 5. Termination: The provisions of this Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least five (5) days written notice of such termination shall be given to the Consultant. (1) In the event the City without cause abandons, terminates or suspends this Agreement, the Consultant shall be compensated for services rendered up to the time of such termination on the hourly basis established herein, and documents generated by the Consultant shall remain the property of the City. (2) In the event the Consultant terminates this Agreement without cause, all work product and data prepared by the Consultant under this Agreement shall be considered property of the City. The City may enter into an agreement with others for the completion of the work under this Agreement and seek such remedies as provided by law, however, Consultant will be held harmless for the work of others. 6. Compensation: The City will pay the Consultant an hourly rate in general accordance with the Project budget as described in Exhibit "B" attached hereto, with a maximum cumulative fee capped at sixty thousand dollars ($60,000). 7. Payments: The Consultant shall submit monthly statements for services rendered. 8. Reimbursement of Costs: The Consultant's general operational expenses are included within the agreed hourly; itemized specially-incurred expenses shall be reimbursed if approved in writing by the Project Manager prior to incurring the same. 9. Term: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 10. Right to Work Products: The City or its assigns shall have the unrestricted authority to use, in whole or in part, any reports, data, programs or other material prepared under this Agreement, and said work product shall be the property of the City. Any use of any plans and specifications by the City, except the use reasonably contemplated by the City at the time the City entered this Agreement, will be at the City's risk and Consultant, its officers, directors and employees will be held harmless from such use. Notwithstanding any of the provisions set forth above, pre-existing proprietary programs or materials owned by Consultant shall remain the 2 exclusive property thereof, however, City is granted a perpetual license for use of the same to the extent necessary to utilize the Work. 11. Personnel: Except for those tasks delineated as the responsibility of City or some other entity, Consultant represents that it will secure at its own expense all personnel and sub- consultants required for rendering services as described under Exhibit "A" of this Agreement. All such services shall be performed by the Consultant or sub-consultant, m~d all persons engaged in work under the Agreement shall be qualified to perfo~n such services and authorized under federal, state and local laws to perform such services. Personnel who perform such services under this Agreement shall not be employees of the City. 12. Responsibility of the Consultant: (a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of materials, work product and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) Approval by the City of work materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the technical adequacy of the Work unless work product was based upon errant information provided by the City or its representatives. The City's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for damages to the City caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (c) Evaluations of the City's Project budget, preliminary or detailed estimates of Project or operational costs, if any, prepared by the Consultant, represent the Consultant's best judgment as a designed professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials or equipment, or over market conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's Project budget or from any estimate of costs or evaluation prepared or agreed to by the Consultant. (d) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. 13. Subcontracts and Assignability: This is a personal services contract based upon the unique qualifications of Consultant, and Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Consultant under this Agreement or any work orders shall have prior written approval of the City Attorney. 14. Compliance With the Law: The Consultant expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 15. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 16. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 17. Indemnification: The Consultant shall indemnify and save harmless the City, its agents, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Consultant, its agents, servants or employees in the performance of services under this contract. 18. City's Responsibilities: (a) The City designates the City Attorney as its representative authorized to act on the City's behalf with respect to the Project. The City shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. (b) Prompt written notice shall be given by the City to the Consultant if the City becomes aware of any fault or defect in the Project or nonconformance with the Contract 4 Documents. (c) If the Project is suspended by the City for more than thirty (30) consecutive days, the Consultant shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Consultant's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Consultant's services. (d) Failure of the City to make payments to the Consultant in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. (e) In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (f) Payments are due and payable thirty (30) days from the date of the Consultant's invoice. Amounts unpaid sixty (60) days after the invoice date shall bear interest at the legal rate prevailing from time to time at the principal place of business of the Consultant. 19. This Agreement shall be governed by the laws of the State of Florida. 20. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): SEBASTIAN THE CITY OF City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, city Att r e>; Signed, sealed and delivered in the presence of: CONSULTANT: CAMP, DRESSER & MCKEE, 1NC. SWORN STATEMENT UNDER FLA. STAT. 287.133(3)(a), 1. This sworn statement is submitted with the Stormwater Utility Fee Assessment Project Professional Services Agreement for THE CITY OF SEBASTIAN. 6 2. This sworn statement is submitted by CAMP, DRESSER & MCKEE, INC., a corporation authorized to do business in the State of Florida, 1701 State Road A-l-A, Suite 301, Vero Beach, Florida 32963, and its Federal Employer Identification (FEIN) is o4'1~'~ ~'r, 3. My name is P~L~r-- I-[, P~.~, ¢, ~. above is ~t~r~er~ai{'~. and my relationship to the entity named 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Fla. Stat. 287.133(1)(a), means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Fla. Stat. 287.133(1)(e), means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) __ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. describe any action taken by or pending with the Deparff_..,mentt~eneral Services.) STATE OF FLORIDA /,~iygnature) (date) COUNTY OF (Please ~_Z~j Th%for~}going. instrument was acknowledged before me this ~) day of April, 2001 by [It~ t~./'~Jrts~O(A , f~c,<~ (title) on behalf of CAMP, DRESSER & MCKEE, 1NO{ He/she i~-pe_rsonallv ~nown ~o me or has produced as identification and did take an oath. 8 Exh~bft A EXHIBIT A TO AGREEMENT BETWEEN CITY OF SEBASTIAN AND CAMP DRESSER & McKEE F0K STUDY AND REPOKT PROFESSIONAL SERVICES FURTHER DESCRIPTION OF ENGINEERING SERVICES AND RELATED MATTERS This is an exhibit attached to and made a pan of the Agreement dated ~ ,'.~ . ."~-~r~ 2001, b~ween CITY OF SEBASTIAN, FLORIDA (City) and CAMP DRESSER & MCKEE, INC. (CDM) for study and report professional services. 1.Thc Basic Services of CDM are described as follows: STORMWATER UTILITY PROJECT For the purposes of this proposal, the City will be responsible for assisting CDM with gathering certain pertinent data to be used throughout the program. Task 1 - Project Workshop and Parcel Data At the outset, CDM will make sure that all participants (Finance Department, City Manager, Data Processing, Public Works Department, and CDlvl) have a clcar understanding of stormwater funding ex>ncc?ts. Duruig tbe kickoff worl~hop, thc parQcipant's objective will be to develop a fair and equitable rate base approach for the stormwater management program. The focus of this one-day workshop will be to define goals and objectives for thc stormwater management utility and explore thc issuer generated by the participants. Th/s workshop serves as an important first step toward developing a clear understanding of stormwater funding in genexal and stormwater utilities in particular for all key City staff. CDM will collectively meet and conduct a one-hour workshop with all potentially involved participants to provide an overview of the utility process and to determine overall program c~rpectatious of the participants. During the day, CDM and the City's project managor will meet individually with all the participants to obtain their input and concerns, and to ~'plaln their role in the s~mdy process and overall program impkan~tion. CDM will identify specific data/information needs and define each participant's role in thc utility evaluation process. The oneqtay workshop will be directed toward: · Identifying existing data resources to support the funding analysis process · Identifying ~ormwater management issues and needs in Sebastian · Delineating the stormwat~r program services and associated costs ,, Establishing the goals and objectives for the funding mechaninm * Providing detail on the stormwater user charge concept · Establishing the role of the City staff and City Council in the pubhc education/information program and utility implc-mentation · Assessing the utility rate structure in terms of: YLegal defensibility YRevenue capacity ~Equity YBillmg system requirements YPublic acceptance CDM will use information from the Indian River County Appraiser's Office to perform the calculations for equivalent residential un/ts. The City will r,quest auditor information and digital photogrammetly fi.om the Indian River County Auditor's Office via letters prepared by CDM for the Citfs signature. The data requested is listed below and will be on magnetic media. The City will be responsible for payment of associateA fees and charges for this informaQon. The fees charged by the auditor for this information is estimated to be $50 - $200, but is muuicipal delx~dent. The auditor information Includes, but is not limited to: · Parcel identification number * Name and address of parcel owner · Sit~ address · Land data (local land use code and area/dimensions of the parcel) · Building characteristics (base area of building, number of stories, number of dwelling umts or ap~tments) · Ivliscellananns improvements/extra features, Description or code for extra feature, area of extra f~ature · Codes wInch will allow the disaggregation of the parcels w/thin the City versus the County · Digital data describing parcel boundaries through computer disks The photogrammetry information includes, but is not limited to: · Orthographically corrected amJal photography · Horizontal and vertical control completed within City boundaries · Digital data through compact disks for entire City limits Sgc2696.doc Exhibit A CDM will perform a random sampling of up to 900 (300 in each category or the whole category) from the available auditors information, photogrammetry, and parcel overlays te develop the impervious area estimates for the following residential land use categories: o Single Family o Multi-Family o Condominium The anPervious area values estimated fiom this process will be used to develop the eqmvalent residential unit base value. While it is reco~ized that runoff generation is complex (for instance, pervious area also has a runoff contribution), cost and time limitations suggest that the approach be kept simple. The simplest approach is the development of the Equivalent Residential Unit (ERU). The ERU equivalent is based on the average impervious area per un/t of single family, multi-family, mobile home, and condominium parcels. The ERUs for non- residential parcels are calculated as the total impervious area divided by ERU equivalent. To provide confidence in the o~timates of impervious area, CDM will compare the sample data with data from previous studies for other communities. ~ value will be established as the base unit for the final stoimwat~r rate algorithm During the data development process, CDM will load the clat~ into the master data file and attempt to discover deficiencies in the data. Any data deficiencies found will be corrected, if necessary. CDM will determine the impervious area, number of dwelling units, and other parcel inform~on for developed non-single family residential parcels withi~ the City. Az a preliminary estimate, based upon thc auditors data, CDM will develop the first estimate for developed non-residential parcel impervious area within the City. During this Task, the City shall provide ma individual that is familiar with the City's development pattern to assist CDM in resolving questionable parcels for non-single family developments and non-residential parcels. The data gathered fiom this task will be captured digitally for subsequent activities, Task 2- Base Equivalent Residential Unit (ERU) Calculations CDM will establish a methodology for the potential utility customer base based upon the information acquired in Task I. The calculation of equivalent resideafial units will be based upon compiling the auditor information, calculating impervious surface data from photogrammetry, and determining selected ERU rmagas for all land tree types identified by the special codes mentioned in Task I. Task 3 - Existing & Projec~edAnnual Costs With information supplied by the City, CDM will exclusively utilize the dollar requirements provided by City personnel. City staff to complete this task. Task 4 - Revenue Scenarios CDM will utilize ERUs developed in Task 2 and the total annual costs developed in Task 3 to determine the preliminary est/mate of the charge per ERU that is adequate to produce m~r~icient revenue coverage. Based on the efforts defined in previous tasks, CDM will determine preliminary values for the charge per ERU for no more than three agreed upon levels of funding (High, Medium and l. ow) and will be illustrated in tabular formats. These findings will be incorporated into the Final Report (Task 13). City staff to complete this task. 8g~696.doe Exhfbft A Task 5 - Verification of Non-ResidentiaI Impervious Area CDM will determine the impervious area (rooftops, pavement, etc.) of each non-residantial parcel using the reformation and mateaSals obtained in Task 1. Data will be developed and captured in an ArcView generated shape file for the City. This task will include tmpervious area calculations from all non-residantial land use categories including, but not limited to, the following: commercial indnstrial exempt City staff to perform most of this task. CDM to assist City staff, as needed. Task 6- Master Billing File Data Collection CDM will develop master billing data that contains the specific billing units for use by the Indian River Tax Collector. ~l~ae data will be developed fzom two sources of information previonsly described: 1) Auditor's information acqmred by the City; and 2) Parcel information developed by CDM. Recommended procedures will include access to parcel data from the following sources prov/ded by the City: auditor infommtion, photogrammetry, and other information which may be available to thc City. The City will provide these items and other documents to CDM as necessary and will make information available fxom appropriate files that will be of assistance to CDM in the data development process. Task 7- Billing System Analysis CDM will utilize the Indian River Tax Collector's bill. Task 8 - Master Billing Data Development Upon completion of Task 7, CDM will develop master billing data which contains the customer information necessary for stormwater utility billing. Tbe data will be developed from three sources of information described m this scope: · County Auditors information acquired by the City; · The parcel data information daveloped for the City; and Upon completion of these tasks, CDM will provide file(s) containing the data to the City in a PC format compatible with the City's data management system. As is customary in projects of this type, the City will be responsible for making appropriate alteratious to its own hardware and software system~ such as, computer programming changes to merge the new stormwater management utility billing fries with the Tax Collector's data files. Thus, the City will obtain the necessary familiarity with the system to perform periodic updates (e.g., new accounts, etc.). Task 9 - Calculation of Utility Charge Exhibit CDM will calculate the number of units (ERUs) and the corresponding stormwater utility charge for accounts in the master customer a.m. Algorithms to calculate utility charges will be provided so that the City can incorporate the procedure mto the selected system. Updates and corrections to the customer data will be performed on CDM's data management ~stem until the data is turned over to the City. Task 10 - Database Management ~ystem CDM will provide an outline recc ....... ending procedur~ for updating the stormwater utility data with information from the building permits, code eafforcemant, or other data sources. Procedures developed will be incorporated by the City mto the routine file maintenance procedures. Staffing levels and equipment required to answer customer complaints and maintain the stormwater utility data management system will be recommended by CDM. CDM will provide guideline rea,~.ae~dmions in a letter report format to thc City staff for the following itmm: · How to update and append the City's database with the new stonuwater utility information · Establish file and information maintenance procedures for the stormwater utility information in the City's computer system · Establish data ttansfer procedures for utilizing the Tax Collector's billing system · Establish procedures for updating the City's database with new information from the Indian River County Auditors Office and the City's Code Enforcement Division Task 11 - Informational Meetings CDM will present the findings of previous tasks at the following three meetings: o Upon completion of developing the recommendations regarding the basis for unit charges (to staff). Upon completion of the ordinance, Including the first and second reading required for adoption. Task 12 - Administrative Policies and Procedures CDM will develop a Policies and Procedures letter report addressmg computation of fees and billing. This will include guidance for developing policies and procedures. CDM will prov/da guideline recommendations in the letter report for developing policies and procedures for other special ca/es. Task 13 - Final Report CDM will prepare a final drait report m~mmari:~ng the 0fieor~ dgellned in pl'gViOns tasks. Five copies of the final draf~ report will be submitted to the City for its review. Following the review by the City, a review meeting will be held to discuss the City's review comments. CDM will incorporate the City's cotranents relative to the final draft report into a final report to be prepared and delivered to the City within thirty calendar days following receipt of the City's written comments. Fi~an copies of the final report will be submitted to the City. 2. The responsibilities of the City as described in the A .g['eeme~nt as amended and supplemented as follows: Provide assistance with the difficult non-residential utility bill/parcel v~Sfication process. Perform timely review of reports and memorand-m~ produced for the project. The time Periods £or the performance of CDM's services as set forth are as follows: Th/s program shall be completed w~thln four months following ~ Not~ce to Proceed ~qTP) for the project. The method of payment for services rendered by CDM shall be as set forth below: For the Basic Services performed, the City agrees to compensate CDM on an hourly basis for labor-related services and other direct costs for all reimbursable items rec uired for this project. The hourly basis charges will include all items related to direct labor, overhead associated with direct labor, end fcc. CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: #2 CONTRACTOR: CDM PROJECT NAME: PHONE #: Stormwater Master Plan 772-231-4301 ADDRESS: 1701 Highway AIA Suite 30t CONTRACT NAME: Stormwater Master Plan Vero l~each, FI 32963 CONTRACT DATE: April 30, 2001 By the signature affixed below, both the City and the ConWaetor agree to the chants as stipulated h~reir~ Upon proper execution of this document, the Contractor is h~reby notified to commence work. AIl changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are ~njoined and in full force while executing the change(s) stipulated as follows Change to allow consultant to complete three aad~ionai tanka: 1) Respond to SJRWMD'n comment to SWMP, 2) provide trainin.~ to City staff concerning the use and int~rpretatlnn of model inpnt data and results and 3) provide additional guidance concerning replacement of front yard swales with a Miami enrb s~stem. There will also be a task included for meetings with City staff. (SEE CDM SCOPE O1~ ~qF, RVICES PROPOSAL) Note: This is Change Order #2 to the Current Contract A) CONTKACT PRICEPRIOR TO THIS CHANG]~ NET INCREASt~ (DECREASE) RESULTING FROM THIS CHANGE NEW CONTRACT PRICE INCLUDING THIS CHANGE 0RD~R B) CONTKACT TIME PRIOK TO THIS CHANGE (NUMBER OF DAYS) NET INCKEASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) ~ COMPLL:~I'ION DATE INCLUDING THIS C~I33qGl~ __ MO. DAY YR 181~200 39~40 220.640 AGREED: 3~m ovMS By Ci~ of Seba~an: Ci~ ~n~r F~anee DiOr C~ A~orney General Se~ces Admin. A'I~EST: Sally A. Main, CMC, City Clerk ATTACHMENT A SCOPE OF SERVICES CONSULTING ENGINEERING SERVICES FOR CITY OF SEBASTIAN STORMWATER MASTER PLAN ADDENDUM NO. 2 BACKGROUND The City of Sebastian (CITY) has requested.that Camp Dresser & McKee inc. (CONSULTANT) develop an addendum to the exisffng Stormwater Master Plan (SWMP) contract. The final report was delivered to the CITY and the St. ~ohns River Water Management District (S]'RWMD) in ~anuary 2003. As a follow up to the report, the CITY requested an addendum to the existing contract to allow the CONSULTANT to 'complete three additional tasks: 1) Respond to SJRWMD's comment to SWMP, 2) provide train~g to CITY staff concerning the use and interpreta~on of model input data and results and 3) provide additional guidance concerning fire replacement of front yard swales with a Miam~ curb system. There will also be a task included for meetings with CITY staff. SCOPE OF SERVICES The CONSULTANT wig provide the following work. Task 1 - SJRWMD Coordination The CONSULTANT wilI complete the S~-RWMD coordination efforts as def-ined by the following subtasks: 1.1 Meetings - The CONSULTANT will attend one (1) meeting with SJRWMD and CITY staff to discuss the findings presented in the report. The CONSULTANT will provide summary meeffng minutes to the CITY. For budget purposes the CONSULTANT has assumed two staff members will at~end the meeting. 1.2 Request for Additional Information (RAI) - The CONSULTANT will respond to one (1) RAJ issued by the SJRWMD. The CONSULTANT will incorporate comments and responses into the SWMP as an appendix. Additionally, the first section of fire SWM~P will be modified to incorporate language to indicate firat the Plan is a "living document" and additions will be included as appendices with the Table of Contents updated as needed. Task 2 - ICPR Training The CONSULTA]xIT will conduct a 2-day workshop to familiarize C1TY staff on the use of the ICPR storm water model developed for the C1TY SWMP. The CONSULTANT will provide a notebook to each a~tendee that includes hard copies of mode1 schematic and sub-basin delineation maps, a print out of the model input, and a copy of the presentation slides used for the workshop. It should be noted that the focus of the workshop would be on applications of the model towards the CITY's storm water system and not the principals of hydrology and hydraulics. Task 3 - Secondary System Improvements The SW-MP included a section discuss/rig the replacement of the front yard swales with a M/am/ curb system The following subtasks will build on this effort to provide a framework for the implementation of a swale replacement program for the CITY. 3.1 SIRWMD Criteria - According to SIRWMD's Regulation of Stormwater Management Systems Chapter 40C42 F.A.C. Section 3.3.2 Existing Stormwater Management Systems a permit is required for the replacement of roadside swales with curb and gutter. Therefore, the CONSULTAN:r w/il attend a pre-application meeting with SJRWMD to discuss the proposed swale replacement program and the associated water quality trea~nent options necessary to implement the program. The CONSULTANT wiI1 provide the CITY and SJRWMD with summary meeting minutes. 3.2 Alternative Water Quality BMP's - The CONSULTANT will develop two (2) water quality improvement options to provide water quality treatment for the swale replacement program. The CONSULTANT will identify the advantages and disadvantages of each option and provide a conceptual cost estimate. 3.3 Existing Drainage System - The CITY's existing street/front yard drainage system consists both of front yard swales or Miami curbs. CDM w/II inventory the existing draJ_nage systems within the'City taking into account areas that are located within "A' soils areas, areas currently served by M/am~ curb systems, areas currently served by other curb and gutter systems, and areas with excessively deep swales. Based upon the results of the inventory, the CONSULTANT will develop a map showing the inventoried systems. 3.4 DeLineation of Project Areas - Based upon the results of the previous task, the CONSULTANT will del/neate and prioritize areas within the city for replacement of front yard swales with Miami curbs. Generally, areas located in highly permeable soils ("A") or with existing gutter systems will not be considered. The remaining area of the City will be digitized into replacement projects areas (up to 25 project areas). After delineation of project areas is complete, CDM will prioritize the projects based upon condition of existing swales, resident's complaints, and SJRWMD permitability. 3.5 Water Quality Modeling - The existing conditions Watershed Management Model (WMM) datasets developed for the SWMP will be used as the base case condition in a comparison that illustrates the relative change in pollutant loading based upon the water quality facilities that will be proposed for swale replacement. Model runs will be analyzed showing the impacts associated with swale removal and incorporation of wet detention ponds and wells. Pollutant load projections will be generated for the 12 USEPA indicator pollutants (BODS, COD, TSS, TDS, TP, DP, TKN, TN, Pb, Cu, Zn, and Cd). It should be noted that only non-point source pollutant loads would be estimated. Tables and bar charts will be developed to measure the results. 3.6 Updated Cost Estimates - Based upon the results of Task 3.4 the CONSULTANT w/Il develop a conceptual cost estimate for each project area. The cost and associated assumptions for both the infrastructure (i.e. pond unit cost) and pond construction wlllbe based upon the estimates developed in the SWMP. The updated conceptual costs will also consider cost of land, based upon an estimated cost of $12,000 per parcel. 3.7 Report Development - The findings from this task will be reported in a technical memorandum that will be added to a new Appendix in the SWMP report. Task 4 - Meetings and Coordination The CONSULTANT shall attend two (2) project status meetings with CITY staff to discuss the status of the project. The CONSULTANT w/Il provide summary meeting notes to the CITY. DELIVERABLES 1. The CONSULTANT will provide the CITY with summary meeting minutes for the SJRWMD coordination meetings (Task 1-1). 2. The CONSULTANT will provide the CITY with five (5) copies of the RAI responses, modified Introduction and modddied Table of Contents (Task 1-2). 3. The CONSULTANT will provide a 2-day workshop with associated handouts as previously noted (Task 2). The CONSULTANT will provide three (3) draft copies of the Technical Memorandum concerning the Secondary System Improvements. The CONSULTANT will incorporate any comments made by the CITY and finalize the Technical Memorandum and provide the CITY with five (5) final copies (Task 3-7). COMPENSATION The estimated fees for City of Sebastian SWMP addendum are presented in Table mh1123 ADDENDUM NO. 1 TO EXHIBIT A OF AGREEMENT BI~I'WEEN CITY OF SEBASTIAN and CAMP DRESSER & McKEE INC. for PROFESSIONAL CONSULTING SERVICES This is an AGREEMENT made as of February~ 7 ,~d~2002 between the City of Sebastian (CITY) and Camp Dresser & McKee Inc. (ENGINEER) This Addendum modifies Agreement dated April 26, 2001 between CITY and ENGINEER for professional consultant services. The modification contained herein consists of an addendum to Exhibit A setting forth the scope and budget for consulting services to CITY. The addendum to the Agreement is herewith m~ade a part of and Incorporated by reference into the aforesaid Agreement as follows: ENGINEER shall provide for CITY, under Section 1 of the Agreement, the following Basic Services in accordance with the terms and conditions of the Agreement:. Additional surveying and modeling services as outlined In Attachment A. The time period for the performance of ENGINEER's services axe estimated as follows and are subject to change upon mutual agreement between both parties to this Agreement: Ten months from receipt of final survey. Compensation for services of ENGINEER rendered pursuant to Section 1 will be on the following basis: ENGINEER will be paid a lump sum amount of $31,200 for the services referenced above. This contract includes all direct and outside professional costs. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST (SEAL): Sally A. Mm~ CMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: THE CITY OF SEBASTIAN Rich Stringer, City Att r~ey Signed, sealed mad delivered In the presence of: E c ; ~. J . C. r o"Pr.~ . p.E. _ CONSULTANT: CAMP DRESSER & McKEE INC. rb4001 doc Attachment A Scope of Services Addendum City of Sebastian Master Stormwater Management Plan BACKGROUND This is an addendum to the existing scope of services for the Master Stormwater Management Plan (MSMP) for the City of Sebastian (CLIENT). The City of Sebastian (CITY) contracted with Camp Dresser & McKee, Inc. (CONSULTANT) in March 2001 to develop an MSMP for the CLIENT. As part of that effort, the CONSULTANT was to add a maximum of 25 additional structures to the existing stormwater model of the CLIENT's primary stormwater management system. As a result of the inventory effort, the CONSULTANT identified a total of 93 structures to the stormwater model. Survey information for 38 structrures was included in the model or obtained from City records. A total of 55 structures require survey information for use in the model which is more than the 25 structures under the original agreement. Therefore, the CONSULTANT has prepared an addendum to the original contract to add the additional structures to the inventory and existing stormwater model as well as obtain structure survey. The tasks needed to complete this effort are defined below: SCOPE OF SERVICES Task I Existing System Inventory Update (Subtask 2.1 in the original agreement) - The CONSULTANT will add to the project base map an additional 55 structures inventoried during tiled investigations. The CONSULTANT will add new structures to the project base map. For each structure inventoried, the CONSULTANT will record the geometric information (diameter, length, invert elevations, material, top-of-road elevation, etc.) as available. The CONSULTANT has identified up to 93 hydraulic structures to be inventoried. Task 2 Survey Plan (Subtask in the original agreement) - Based upon results of Subtasks 1, the CONSULTANT will prepare a recommended survey plan for the additional structures and/or open channel cross-sections that will be included in the updated stormwater model for the study area. The CONSULTANT identified approximately 55 structures that require survey nnder Subtask 2.2 of the original scope of services. The plan will identify the location of these structures, define information to be measured and list any available benchmarks. Task 3 Hydraulic Modeling (Task 4 in the original agreement)- The CONSULTANT will update the existing adICPR hydraulic representation of the CITY PSWMS using the additional structure data collected under Tasks I and 2. The CONSULTANT will input the additional structure data into the existing stormwater model representation of the PSMS (adICPR Version 2.2) and check the model for numeric stability. SCHEDULE/DURATION The CONSULTANT will complete this project 10 months following the receipt of the final survey. COMPENSATION The CONSULTANT proposes to complete Lhe additional work in Tasks 2 and 4 for a lump sum fee of $31,200, which includes labor and outside professional (see Table 1). The CONSULTANT will invoice the CITY monthly based upon percentage of project completion of each Task. STORMWATER MASTER PLAN CONSULTANT AGREEMENT THIS AGREEMENT made this ~ day oral'ch, 2001, by and between t e CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and CAMP DRESSER & MCKEE, INC., a corporation authorized to do business in the State of Florida, 1701 State Road A-l-A, Suite 301, Veto Beach, Florida 32963, ("Consultant.") WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing stormwater master planning services; and WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with the requirements of law; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, TI~REFORE, AGREED as follows: 1. Recitals. The above recitals are incorporated herein as if set forth in their entirety. 2. Agreement: The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Grant Contract #SD625AA (hereinafter called the "Grant") between the St. Johns River Water Management District (hereinafter called the "District") and the City, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of tlfis Agreement, if any. Tlfis Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. In any internal conflict in the provisions of the Agreement Documents, the terms and intent of the Grant shall prevail. 3. Employment of Consultant: The City hereby agrees that it may engage the Consultant and the Consultant hereby agrees to perform professional services (hereinafter called the "Work") for the City in preparing a stormwater master plan in accordance with and satisfactory to the terms and conditions of the Grant. 4. Project Schedules: The Consultant shall perform the Work in a timely manner consistent with the Grant and assignment schedules mutually agreed upon by City and Consultant. 5. Joint Cooperation: Close collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the District, and both will be entitled at all times to be advised, at either's request, of the status of Work and of the details thereof. The City shall furnish to the Consukant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Work. the Work of the Consultant at any time. granted a conference. The City and the District will have the right to inspect Either party to this Agreement may request and be 6. Termination: This Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least thirty (30) days written notice of such termination shall be given to the Consultant, however, if the Grant is terminated, the City shall forward notice of said termination immediately upon receipt thereof and the termination date for this Agreement shall coincide with the termination of the Grant. 2 (1) In the event the City without cause abandons, terminates or suspends this Agreement, the Consultant shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and documents generated by the Consultant shall remain the property of the City as outl/ned below. (2) In the event the Consukant terminates this Agreement without cause, all tracings, plans, specifications, maps, computer programs and data prepared by the Consultant under this Agreement shall be considered property of the City. The City may enter into an agreement with others for the completion of the work under this Agreement and the Consultant will be held harmless for the work of others. 7. Compensation: The City will pay the Consultant an hourly rate in accordance with the fee schedule attached as Exhibit "A' with a maximum total fee not to exceed $ 150,000 subject to the reimbursement limitations of the Grant. 8. Payments: The Consultant shall submit monthly invoices meeting the reimbursement requirements of the Grant for services rendered. 9. Reimbursement of Costs: The Consultant's expenses are included within the agreed hourly, no additional expenses shall be reimbursed without written amendment hereo£ 10. Term: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Work is complete or expiration of the Grant, whichever occurs first. 11. Covenant A~ainst Contingent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consukant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 12. Right to Work Products: No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Consultant in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City and the District, and are strictly for use on this project. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Consultant, its officers, directors and employees will be held harmless from such use. Notwithstanding any provision to the contrary contained in this agreement all of Consultant's pre-existing proprietary software, computer programs, standard details and specifications shall remain the exclusive property of the Consultant, with a license hereby granted to City and the District to use the same to the degree necessary to utilize the Project. 13. Personnel: The Consultant represents that it will secure at its own expense all personnel and sub-consultants required for services which are necessary to perform the Work. All services constituting the Work shall be performed by the Consultant or sub-consultant, and all persons engaged in the Work shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. 14. Responsibility of the Consukant: (a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) Approval by the City of drawings, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the teclmical adequacy of the Work unless work product was based upon errant information provided by the City or its representatives. The City's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for damages to the City caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (c) Evaluations of the projected budgets for designing elements of the master plan, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that future bids or negotiated prices will not vary from the projected budgets or from any estimate of Construction Cost or evaluation prepared by the Consultant. 15. Subcontracts and Assignability: The Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Consultant under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or consultants required by the Consultant in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. Truth-In-Negotiation: In accordance with the provisions of Chapter 287.055, Florida Statutes, the Consultant agrees to execute a truth-in-negotiation certificate and agrees the original contract price and any additions may be adjusted to exclude any significant sums by wlfich the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. 17. Interest of Members of City and Others: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof 18. Certification of Restrictions on Lobbying: The Consultant agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Consultant to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Consultant to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. Interest of Consultant: The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner with the performance of services required under this Agreement. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Consultant shall not undertake any professional work which conflicts with his duties as the City's Consultant without the prior written consent of the City during the term of this Agreement. Any work where the Consultant can reasonably anticipate that it may be called to testify as a witness against the City in any proceeding will constitute a conflict of interest under this Agreement. 20. Compliance With the Law: The Consultant expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 21. Waiver: The waiver by City of any of Consultant's obligations under this Agreement shall not constitute a waiver of any other obligation of the Consultant hereunder. 22. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 23. Releases: Upon the satisfactory completion of any Work performed under a work order and prior to final payment for the work, or prior to settlement upon termination of this Agreement and as a condition precedent thereto, the Consultant shall execute and deliver to the City a release of all claims for the payment of fees against the City arising under or by virtue of the work order. 24. Indemnification: The Consultant shall indemnify and hold harmless, release and forever discharge the City and District, their public officers, agents, representatives, successors, assigns and employees of any and all claims, liabilities, damages, actions, costs or expenses, and attorneys' fees against the City and District, arising out of or in any way connected ~vith this Agreement and resulting from damages to property, personal injury or loss of life. Consultant understands that this waiver includes any claim based on partial or sole negligence, action or inaction of the City and District their public officers, agents, representatives, successors, assigns and employees. As specific consideration for the indemnification provided the City by the Consultant hereunder, the City shall pay the amount of one ($1.00) by credit upon receipt by the Consultant of this signed contract. 25. Drug-Free Workplace: The contract documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 26. City's Responsibilities: (a) The City shall designate a representative authorized to act on the City's behalf with respect to the Work. The City or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. (b) Prompt written notice shall be given by the City to the Consultant if the City becomes aware of any fault or defect in the Work or nonconformance with the Contract Documents. (c) If the Work is suspended by the City for more than thirty (30) consecutive days, the Consultant shall be compensated for services performed prior to notice of such suspension. When the Work is resumed, the Consultant's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Consultant's's services. (d) Failure of the City to make payments to the Consultant in accordance with this Agreement shall be considered substantial nonperformance and cause for terminati6n. (e) In the event of ternfination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination. (f) Upon receipt of Consultant's invoices, payments are due and payable within thirty (30) days. However, no compensation shall be due Consultant for any services rendered toward the Work if reimbursement for said services is rejected by District, and any payment made for such services shall be credited to City. 27. This Agreement shall be governed by the laws of the State of Florida. 28. Insurance Requirements: The Consultant agrees to carry insurance as outlined in paragraph 6 of the Request for Proposals hereof, and shall obtain the same prior to starting work.. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Consultant and the insurance company shall agree to furnish the City thirty (30) days written notice of intent to terminate said insurance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): Sally A. M~io, CMC City Clerk THE CITY OF SEBASTIAN Te~e~c~~ger lO Approved as to form and legality for reliance by the City of Sebastian only: Rich St rin~ge~r, CXif~y At~t ~n~'-- Signed, sealed and delivered in the presence of: CONSULTANT: CAMP DRESSER & MCKEE, 1NC. 11 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Camp rlroq~,- z M~-k'~ Thc. does: Publish a statement notifying employees that the unlawful manufacture, dimSbufion, dispensing, possession, or use ora control/ed substance is proNbited in the workplace az~ spec'flying the actions that will be taken against employees for violations of sucli prohi~bition. Inform employees about the dangers of drag abuse in the workplace, the business' policy of maio*~ining a drug-fi-ee workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. In the' stai~¥nent spec/fled in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or mY state, for a violation occurring in the workplace no later than five (5) days aRer s~ch conv/cfion. ~npose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintakn a drag-free workplace through implementation of?ara~aph 1 through 5. .~s the person authorized to s/~ma tb/s statement, I certify that this firm complies fully with the above requirements. Paqe 1 of 2 Contractor /~,/e4 ]4. ~]~j Page 2 of 2 PIJBLIC F2i'TITY C-"RI1V~S Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUK. 7069, sworn statement under section 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose k with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, o~_[~p, roposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening me and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may resuk in immediate disqualification of your bid or proposal. The 1989 Florida Le~slamre passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Secfiol~ 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to m~inmin and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty 6fa public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and dire'ctly related to the transaction of business with any public entity in Florida or with' an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspkacy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of'the threshold amount provided in Section 287.017, Florida Statutes, for eatagory two (currently $10,000) with any person or a~liate on the convicted vendor list for a period of 36 months fi-om the dale that person or affiliate was placed on the convicted vendor list unless that person or af~liate has ben removed fi-om the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount ors10,000 to pro-ire goods or services to THE CITY OF SEBASTIAxN, a person shall fde a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and property executed. Page 1 of 4 H~ INCLUSION OF ~ SWORN STATEMt;NT OR AFFIDAVIT SHALL BE SUBMTrTED CONCURRENTLY W1TIt YOUR OUOTE OR gel) DOCI3M~NTS. NON- INCLUSION OF THIS DOCUM3gNT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BI/). SWORN STATEaMENT UNDER SECTION 287.133(3)(a), ~, ON PUBLIC ENTITY CRIMES THI.q FOP, N[ 1VIUST BE SIGNED IN THY, PRESENCE OF A NOTARY PUBLIC OR OTI:I-ER OFFICER AIJTItOI~D TO ADMINISTER OAT[IS. 1. This sworn statement is submitted with the City Hail Window Restoration Contract for,THE CITY OF SEBASTIAN. 2. ~ sworn statemem is submitted by Camp Dresser & McKee Inc.; whose business · 170I State Road AIA,#301 address ,s ~vero Bea~ no,da 32963 mhd (if applicable) its Federal Employer Identificatibn (FEl2Xl)'is 3. Mynameis Alex H. Makled, P.E. of individual signing) 'and' flay relationstfip to the entity nm-ned above is PRinclnal (please print name 4. I understand that a "pcblic entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any 15ublic entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency er political subdivision of any other state or of the United States and involving antkrast, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding o£~mfilt or a conviction ora public entity crLme, with or withou~ au adjudication of guilt, in any federal or state trial cour~ of record relating to .charges brou~hx by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury thai, cr entry of a plea of guilty or nolo contendere. 6. I understand that an "aflSliate" as deft. ned in Paza~aph 287.133(1)(a), Florida Stam~es, means: (I) A predecessor or successor of a person convicted of a public entiv crime; or Paqe 2 of 4 (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management 0fan affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income, among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture .with a person who has been convicted ora public entity crime in Florida during the prec~n-~ 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any na)ural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of gpods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those oflScers, directors, executives, panners, shareholders, employees, members, and agents who are active in management of an entity. . 8. -Based on information and belie~, the statement which I have marked below is true in relation-to the entity submitting this sworn statement. (Please indicate which statement applies.) ~X~ Neither the entity submitting 'aXis sworn statement, nor any officers, directors, executives, panners, shareholders, employees, members, or agents who are active in mar~ement of the entity, nor any ~fl~liate of the entity have been charged w/th and convicted ora public enti~ crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an afffl/ate of the entity has been charged with and convicted of a public entky crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) __ There has been a proceeding concerning the convict/on before a hearing oitic.~of the State of Flor/da, Division of Administrative Hearings. The finaJ order entered by the hearing officer did not place the person or afiSliate on the convicted vendor list. (Please attach a copy of the final order.) Page 3 of 4 The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Adminimralive Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate has not been placed on the convicted vendor Iist. describe any action taken by or pending with the Department of General Services.) r./ ~ (Signature) Date: .~L~.,r~(O~ ~,,,~5~d-6rD (Please ST*r O* cou Y The ~regoMg ~ent w~ ac~owl~ged befor~ me~s ~day of ~ ~r~'~y ~p~ [n~. ~/she is~rson~y'kna~ to me ~r has produced / as ident~cafion ~d did ( ) ~d not (~e ~ oath. ~ot~ Si~amre) "~'k My C. om mission CC941872 My Commission Exph'es: ~'~_ /,f', ~ 4 Commission Number: er-v qq/~ ~"7 ~ l:~ge 4 of 4 APR. 11. ~001 B: 25PM ''''~ ' '" ' ' MO. 034 P. CAMP DRESSER & MCKE~ INC.. SCHEDULE OF HOURLY BILUNG RATES ~ GROUP I1 CATEGORIES PROFESSIONAL SERVICES: OFFICER PRINCIPAL I ASSOCIATE SENIOR PROFESSIONAL PROFESSIONAL II PROFESSIONAL I PROFP.~IONAL SUPPORT SERVICES SENIOR SUPPORT SERVICES STAFF SUPPORT SERVICES HOURLY RATES $ 150.00 $ 100.00 $oo,oo $ 80.00 ' $ 60.00 FIELD SERVICES SENIOR PROFESSIONAL $ 75.00 PROFESSIONAL $ $0.00 PROJECT. SUPPORT SERVICES PROJECT ADMINISI'RATION All subconsultant and ot~er project related oxpense~ are sub]act to a minimum handllng/adminiatraflve cha~ge of 10'/,. CHIEF FINANCIAL OFFICER RATES EFFECTIVE THROUGH JUNE 30, 2001 CDM ~? ~~= ~ SCHEDULE OF HOURLY BILLING I~ATES FOR LEGAL AND COURT-RELATED SERVICES, EXPERT WITNESS TESTIMONY AND sPECIAL CONSULTING.ASSIGNMENTS HOURLY' CLASS!FICA'nON RATE OFFICER $ 300,00 PRINCIPAl/ASSOCIATE SENIOR PROFESSIONAL $ 200.00 PROFESSIONAL [I $ PROFESSIONAL I $ 125,00 PROFESSIONAL SUPPORT SF..~VICES ADMINISTRATIVE SUPPORT $ 90,00 $ 65.00 RATES EFFECTIVE THROUGH JUNE 30, 2001 PROFESSIONAL CONSULTANTING SERVICES For CITY OF SEBASTIAN MASTER STORMWATER MANAGEMENT PLAN APRIL 2001 Background In September 2000, the St. Johns River Water Management District (SJRWMD) entered into an agreement with the City of Sebastian (CITY) to develop a master stormwater management plan (MSMP) for the area within the CITY tributary to the Indian River Lagoon (Figure 1). The two objectives of the MSMP are to identify potential best management pract/ces (BMPs) to improve the water quality, reduce freshwater discharges, and to promote aquifer recharge within the study area and to identify local flooding problem areas and possible system improvements. To the extent possible, the intent is to build upon the information compiled in the 1996 City of Sebastian Stormwater Management System Conceptual Master Plan (1996 Study). Under the terms of the agreement, the SJRWMD will provide input on project direction and will review project deliverables. The CITY is responsible for project execution. To meet these obligations, the CITY contracted with Camp Dresser & McKee Inc. (CONSULTANT) to develop the MSMP for the study area. Currently, stormwater runoff from the CITY is conveyed through a series of stormwater canals to either the South Prong of the Sebastian River (majority of CITY) or directly to the Indian River Lagoon. Of the approximate 14 square miles within the CITY, 60 percent of the area is comprised of the Sebastian Highlands residential development. The airport and golf course comprise another 10 percent of the tributary area. The remaining 30 percent is a mix of land use types. The South Prong of the Sebastian River has almost 70 square miles of tributary area upstream of the CITY limits. A radial gate dam controls fifty-five square miles of this upstream area. The Sebastian River Water Control District (SRWCD) operates the dam. Stormwater runoff from the majority of the CITY (Sebastian Highlands) flows into a series of perimeter canals that discharge to the South Prong of the Sebastian River. The Elkcam, Stonecrop, and Collier stormwater structures control the perimeter canals. The remaining areas of the CITY either flow into the South Prong of the Sebastian River or to the Indian River Lagoon through existing ouffalls. The effectiveness of the CITY's stormwater management system is dependent upon structure operation, tide conditions, and severity of storm events. Presented below is the scope of services developed to complete this project. Scope of Services for City of Sebastian Master Stormwater Management Plan Page 1 of 9 rb3583 Scope of Services The CONSULTANT will provide the following scope of work: Task 1.0 Data Collection and Evaluation The CITY shall make available to the CONSULTANT all data previously gathered or developed for the 1996 Study or other stormwater related data compiled by the CITY or the SJRWMD including (as available): · Development Plans. · SIRWMD Permits. · Hydrologic and Hydraulic Data and Evaluations. · Environmental Data and Evaluations. · Geotechnical Data and Evaluations. · Survey and Right-of-Way Data. · All input and output files for the ICPR models (digital data sets). · Existing and Future (build-out) Land Use Map. · Wetlands Map. · Available Aerial Maps. · Historical Rainfall Data. · Natural Resource Conservation Service (formeriy SCS) Soils Data. · Existing Consulting Reports. · Historical Flood Complaint Records and Location Map. · High Water Mark Elevations (ft-NGVD). · Flood Protection Level of Service Goals. · Existing CITY Stormwater Management Regulations/Design Standards. The CONSULTANT will review these data for sufficiency in updating the hydrologic and hydraulic parameters needed for this study. The CITY will provide both a hard copy and digital copy (*.dxf, *.dwg, or *.shp) as available. Based upon information collected, the CONSULTANT will prepare a base map of the study area using Geographic Information System (GIS) software ArcView Version 3.2a and existing coverages that will include roadways, parcels, and water bodies. Also, the CONSULTANT will prepare a brief letter documenting the completeness of the data provided by the CITY in terms of updating the hydrologic and hydraulic parameters for this study. To the extent practicable, the CONSULTANT will not repeat inventory efforts previously completed for this basin. However, based upon the judgement of the CONSULTANT, additional information may be collected in areas already inventoried if existing data is questionable or requires further support for use. Task 2.0 System Inventory and Survey The CONSULTANT will develop a structure inventory for the study area based upon published data collected under Task I as defined in the following subtasks. Subtask 2.1 Existing System Survey The CONSULTANT will add to the project base map the structures inventoried as part of the 1996 Study. In addition, the CONSULTANT will add new structures to the project base map identified from completed studies and development plans provided by the CITY. Only primary structures ( >36 inches in equivalent diameter) will be inventoried. For each Scope of Services for City of Sebastian Master Stormwater Management Plan Page 2 of 9 structure inventoried, the CONSULTANT will record the geometric information (diameter, length, invert elevations, material, top-of-road elevation, etc.) as available. The CONSULTANT has budgeted for 25 additional structures to be inventoried. If the inventory reaches 25 structures and is not complete, the CONSULTANT will provide the CITY with a new work order and budget to complete the additional inventory for review and approval. Subtask 2.2 Field Reconnaissance Based on the updated inventory, the CONSULTANT will complete a field reconnaissance of any new primary structures identified under Task 2.1. The CONSULTANT shall record observed scour, physical deficiencies, and other environmental problems for the additional structures inventoried. Subtask 2.3 Survey Plan Based upon the results of Subtasks 2.1 and 2.2, the CONSULTANT will prepare a recommended survey plan for stormwater structures and/or open channel cross sections that will be included in the updated stormwater model of the study area. The survey plan will consider the stormwater model updates currently being done by the SJRWMD. The CONSULTANT will implement the plan as mutually agreed upon by the CITY and the CONSULTANT. For purposes of this scope of services, the CONSULTANT has established a survey budget of $25,000. Survey costs beyond this amount will be considered additional services to this agreement. Task 3.0 Hydrologic Model Update The CONSULTANT will update the existing Advanced Interconnected Pond Routing Model (ICPR) hydrologic representation of the CITY provided by the CITY using the data collected as part of Task 1 and Task 2 and defined by the following subtasks. For the purposes of this task, the model provided by the CITY for use in this study is assumed to be numerically stable (stages and flows) and shall include any updates completed by the SJRWMD. If the stormwater model is found not to be numerically stable, the CITY will be responsible for correcting the model provided to the CONSULTANT in terms of numeric stability or amend this contract (scope and budget) to have the CONSULTANT correct the existing model to a level mutually agreed upon by the CITY and the CONSULTANT. The CONSULTANT will use ICPR Version 2.20 for new stormwater model analyses completed under this study. To the extent practicable, the CONSULTANT will use the hydrologic parameter data compiled for the 1996 Study. Subtask 3.1 Hydrologic Unit Delineation The CONSULTANT will review the hydraulic unit delineations completed as part of the 1996 Study. Hydrologic unit boundaries will be modified (if necessary) based upon data collected under Task t and Task 2. The COUNSULTANT will digitize the modified hydrologic units using ArcView Version 3.2a and add them to the project base map. For the purposes of this Study, the CONSULTANT has assumed a maximum of 25 hydrologic units will be added or boundaries modified. Subtask 3.2 Existing Land Use Data The CITY will provide the CONSULTANT with a digital copy of their most recent existing land use map In a format compatible with ArcView Version 3.2a. Discrepancies noted by the CONSULTANT between the existing land use map provided by the CITY and available Scope of Services for City of Sebastian Master Stormwater Management Plan Page 3 of 9 aerial photographs reviewed by the CONSULTANT will be documented in a letter and - sent to the CITY for review. The CITY will be responsible for making corrections to the existing land use map and providing the COUNSULTANT with a revised digital copy suitable for use in updating existing condition hydrologic parameters. Existing (and future) CITY defined land uses will be aggregated into the following eleven (11) land use categories: · Agriculture/Golf Course · Open · Low Density Residential · Medium Density Residential · High Density Residential · Institutional · Industrial/Utility · Commercial · Wetlands · Waterbodies · Major Roads The CONSULTANT will prepare a digital and hardcopy map showing land use data using a scale that will fit on an 11-inch by 17-inch drawing. Subtask 3.3 Future Land Use Data The CITY will provide the CONSULTANT with a digital copy of their most recent future land use map in a format compatible with ArcView Version 3.2a. Discrepancies noted by the CONSULTANT between the future land use map and the existing land use map provided by the CITY under Subtask 3.2 will be documented in a letter and sent to the CITY for review. The CITY will be responsible for making corrections to the future land use map and providing the COUNSULTANT with a revised digital copy suitable for updating future condition hydrologic parameters. Future land use data provided by the CITY will be aggregated into the eleven land use categories defined in Subtask 3.2 by the CONSULTANT. The CONSULTANT will prepare a digital and hardcopy map showing land use data using a scale that will fit on an 11-inch by 17-inch drawing. Subtask 3.4 Soils Data The CONSULTANT will use the digital soil data available from the SJRWMD to create soils coverage for the study area. The digital soil data avallable from the SJRWMD are based upon the U.S. Department of Agriculture Soil Conservation Service Soil Survey of Indian River County, Florida. These data will be dassified into their defined Hydrologic Soils Group (A, B, C, or D). The percentage of each Hydrologic Soil Group within a hydrologic unit will be estimated using the mathematical functions of ArcView Version 3.2a. The CONSULTANT will prepare a digital and hardcopy map showing Hydrologic Soils Group data using a scale that will fit on an ll-inch by 17-inch drawing. Subtask 3.5 Hydrologic Parameters For each modified hydrologic unit, the CONSULTANT will determine a composite Curve Number (CN) under existing and future land use conditions using the information developed under this Subtask. Additionally, the CONSULTANT will determine the time Scope of Services for City of Sebastian Master Stormwater Management Plan Page 4 of 9 of concentration for each modified hydrologic unit. These data will be input to the hydrologic component of the ICPR Version 2.20 Stormwater Model. Updated hydrologic parameters will be tabulated in the final report. A digital copy of the ICPR Version 2.20 model data sets will be provided to the CITY at project completion. Task 4.0 Hydraulic Modeling The CONSULTANT will update the existing Advanced Interconnected Pond Routing Model (ICPR) hydraulic representation of the CITY provided by the CITY using the data collected as part of Task 1 and Task 2 as defined by each subtask. For consistency, the stormwater model provided by the CITY shall include the model updates currently being done by the SJRWMD as part of their stormwater pond design. For the purposes of this task, the model provided by the CITY for use in this study is assumed to be numerically stable (stages and flows). If the stormwater model is found not to be numerically stable, the CITY will be responsible for correcting the model provided to the CONSULTANT in terms of numeric stability or amend this contract (scope and budget) to have the CONSULTANT correct the existing model to a level mutually agreed upon by the CITY and the CONSULTANT. The CONSULTANT will use ICPR Version 2.20 for stormwater model analyses completed under this subtask. To the extent practicable, the CONSULTANT will use the hydraulic data compiled for the 1996 Study. Subtask 4.1 Hydraulic Model Update The CONSULTANT will update the existing model schematic of the study area to show the delineation of hydrologic units, basin network nodes, and linkages, and storage elements prior to the design storm analysis. The stormwater model schematic will be updated using the data collected under Task 1 and Task 2. Once the CITY approves the schematic, the CONSULTANT will update the hydraulic elements of the existing ICPR stormwater model to reflect modifications to the PSWMS that have occurred since the ~_996 Study based upon the information collected under Task 1 and Task 2. Subtask 4.2 Design Storm Analysis The CONSULTANT will use the updated ICPR model of the existing hydraulic system to simulate the mean annual, 25-, and 100-year/24-hour design storm events under existing and future land use conditions. Design storm events will be simulated using the Natural Resource Conservation Service Florida Modified Rainfall Distribution and under normal antecedent moisture conditions (AMC II). The CONSULTANT will tabulate the resulting peak stages for the modeled system. Based upon this t~ble, predicted serious flooding problems (flooding of homes/buildings or road flooding greater than 1 foot deep) will be identified when comparison data are available and added to the project base map. Task 5.0 Water Quality Modeling The CONSULTANT will update the nonpoint source pollutant loading assessment completed as part of the 1996 Study as described in the following subtasks. Subtask 5.1 Regional Best Management Practice (BMP) Update The CONSULTANT will conduct one (1) workshop with CITY staff to develop CITY-wide estimates of existing regional BMPs including type, location, and approximate tributary area. This will be accomplished by hand marking subdivisions and similar regionally developed areas served by existing BMPs on existing maps of the CITY (hardcopy). The Scope of Services for City of Sebastian Master Stormwater Management Plan Page 5 of 9 rb3583 maps used for this effort will be based on the most recent available digital aerial photographs provided by the CITY. Once regional BMPs have been identified, the CONSULTANT will digitize the tributary area served by the regional BMPs using ArcView Version 3.2a and estimate land use types served (based upon Subtask 3.2 and 3.3). The CONSULTANT will tabulate the results. Subtask 5.2 Event Mean Concentration (EMC) Values Update The CONSULTANT will compare the EMC values used for the 3.996 study to the values compiled by the CONSULTANT for the Southeastern United States. The CONSULTANT will also compare these values to recent sampling data provided by the CITY and the SJRWMD (if any). EMC values estimated through a sampling program must be land use specific to be comparable. The CONSULTANT will recommend to the CITY a final set of EMC values to be used for this effort for the eleven land uses. Subtask 5.3 Nonpoint Source Pollutant Loading Update The CONSULTANT will incorporate the hydrologic pollutant loading data developed as part of the 3.996 study and the data developed under this subtask into the Watershed Management Model (WMM) Version 4.3.6 which is Microsoft Access© based. The CONSULTANT will use WMM to conceptually evaluate relative changes in annual stormwater pollutant loads from the CITY to the South Prong of the Sebastian River and to the Indian River Lagoon under existing and future land use conditions and under existing BMPs. Pollutant load projections will be generated using WMM for the 12 USEPA indicator pollutants (BOD5, COD, TSS, TDS, TP, DP, TKN, TN, Pb, Cu, Zn, and Cd). It should be noted that only non-point source pollutant load estimates will be estimated. The results wilI be tabulated for the CITY. Task 6.0 Alternative Evaluation The CONSULTANT will develop conceptual alternative improvements for both flooding and water quality as defined in the following subtasks. Subtask 6.1 Flooding Alternative Improvements The CONSULTANT will develop alternative improvements for the problems identified under Task 4. A maximum of two (2) alternative improvements will be developed for each identified flooding problem. Alternative improvements will be directed towards serious flooding problems which will also aid/relieve some nuisance problems in order to meet the CITY's assigned LOS. Stormwater system improvemeEts will be conceptually designed using the CITY's LOS criteria. The alternatives will be based on water quaIity and water quantity improvements, which may consist of nonstructural and structural modifications to the PSWMS. Improvements may include conveyance modifications coupled with treatment/storage facilities such as wet detention, dry detention, retention, altered wetlands utilization or enhancement, swales, and multi-purpose facilities which can serve as park, conservation, and/or recreation areas. Alternatives will be based upon future land use conditions to minimize structure obsolescence as development occurs within the basin. The recommended alternative improvements will be simulated under future land use conditions using the ICPR model of the study area for the mean armual, 25~, and 3.00- year/24-hour design storm events. Resulting peak stages will be tabulated. For the recommended alternative plan, the CONSULTANT will develop a conceptuai cost estimate. Scope of Services for City of Sebastian Master Stormwater Management Plan Page 6 of 9 rb3583 Subtask 6.2 Water Quality Retrofit Alternatives In addition to the alternative improvements described in Subtask 6.1, the CONSULTANT will use the results of Task 5 and existing aerial photography to identify opportunities for water quality retrofit within the study area. For the identified water quality retrofit opportunities, the CONSULTANT will list the feasible types of BMPs for these areas and their advantages and disadvantages. The CONSULTANT will prepare a map showing the general location and type of BMPs that warrant further consideration within the study area. Once the list of feasible BMP retrofit opportunities has been mutually agreed upon by the CITY and the CONSULTANT, the CONSULTANT will simulate proposed BMPs (including those developed in Subtask 6.1) using WMM to determine the relative pollutant load reductions achieved by the water quality retrofit plan. WMM results will be tabulated. The CONSULTANT will also prepare a planning level cost estimate for each water quality retrofit project identified as being feasible. Task 7.0 Report Preparation The CONSULTANT will prepare and deliver three (3) copies of the draft Master Stormwater Management Plan Report to the CITY that documents the findings of Tasks 1.0 through 6.0. The following sections will be used in the report: Executive Summary Section 1 - Introduction Section 2 - Data and Methodology Section 3 - Results Section 4 - Alternatives Section 5 - Recommendations After the CITY's review of the draft report is completed, the CONSULTANT will meet with the CI~' to discuss their comments. The CONSULTANT will address the comments received in a level of detail mutually agreed to by the CONSULTANT and the CITY and prepare a final Master Stormwater Management Plan Report. The CONSULTANT will deliver five (5) copies of the final report to the CITY. Task 8.0 Meetings and Coordination The CONSULTANT will attend four (4) progress meetings that include the project kickoff meeting with the CITY. The CONSULTANT will proEi_de the CITY with a written progress report prior to each meeting describing the status of each Task and the approximate percent complete, budget spent and budget remaining. Schedule The CONSULTANT will provide a schedule for this project within ten days from receipt of a Notice to Proceed (NTP) from the CITY. The CONSULTANT will complete this project within ten months following the receipt of final survey. Compensation The CONSULTANT proposes to complete Tasks I through 8 for a lump sum fee of $150,000 that includes labor, outside professionals, and other direct costs (see attached Scope of Services for City of Sebastian Master Stormwater Management Plan Page 7 of 9 spreadsheet). The CONSULTANT will invoice the CITY monthly based upon percentage of project completion of each Task. CONSULTANT DELIVERABLES The CONSULTANT will include the following maps in the draft and final report. · Existing land use map · Futureland use map · Hydrologic unit location map · Model Schematic · City wide alternative improvement map Maps will be developed using ArcView Version 3.2a at a scale mutually agreed upon by the CITY and the CONSULTANT. The CONSULTANT will prepare a survey plan and contract for a maximum of $25,000 of survey services as mutually agreed upon by the CITY and the CONSULTANT. 3. The CONSULTANT shall submit one (1) digital copy of ICPR modeling input and output data to the City. 4. The CONSULTANT shall submit the following tables to the CITY in both hardcopy format: · One (1) table summarizing the hydrologic parameters for each hydrologic unit; · One (1) table summarizing the peak stages predicted by the stormwater model for each design storm event; · One (1) table summarizing the peak stages predicted by the stormwater model for the recommended alternative; · One (1) table summarizing the WMM results; and · One (1) table summarizing the recommended CIP. 5. The CONSULTANT shall prepare and submit three (3) draft and five (5) final copies Master Stormwater Management Plan. '- CITY DELIVERABLES The CITY will make available to the CONSULTANT and provide copies (as needed) of the following data · Development Plans. · SJRWMD Permits. · Hydrologic and Hydraulic Data and Evaluations. · Environmental Data and Evaluations. · Geotechnical Data and Evaluations. Scope of Services for Ci~ of Sebastian Master Stormwater Management Plan Page 8 of 9 ro3583 · Survey and Right-of-Way Data. · Digital input data files for the ICPR models (including any S]RWMD updates). · Existing and Future (build-out) Land Use Map. · Wetlands Map. · Available Aerial Maps. · Historical Rainfall Data. · Natural Resource Conservation Service (formerly SCS) Soils Data. · Existing Consulting Reports. · Historical Flood Complaint Records and Location Map. · High Water Mark Elevations (ft-NGVD). · Flood Protection Level of Service Goals. Scope of Services for City of Sebastian Master Stormwater Management Plan Page 9 of 9