ENGINEER OF RECORD FOR STORMWATER AND WATERSHED MANAGEMENT MASTER PLAN
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AGREEMENT
BElWEEN CITY AND ENGINEER/CONSULTANT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this I ~ay of ~, ~19' q I , by and
between the City of Clearwater, Florida, hereinafter referred to as the CITY, and King
Engineering Associates, Inc., a Florida corporation, hereinafter referred to as the
ENGINEER/ CONSULTANT.
WITNESSETH:
WHEREAS, the CITY proposes to do certain work towards accomplishment of the
project. The nature, character, CITY'S objectives and limits of the proposed project are to
develop and submit U.S. Environmental Protection Agency, National Pollutant Discharge
Elimination System (NPDES) municipal and industrial permit applications for the City of
Clearwater. Work includes coordination with Pinellas County and adjacent cities to
eliminate duplication of effort. An application will also be prepared to comply with Flood
Damage Reduction requirements of the National Flood Insurance Program.
WHEREAS, the CITY desires to engage the ENGINEER/CONSULTANT to
perform certain professional services pertinent to such work in accordance with this
Agreement;
WHEREAS, the ENGINEER/CONSULTAN:T desires to provide such professional
services in accordance with this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual benefits
which will accrue to the parties hereto in carrying out the terms of this Agreement, it is
mutually understood and agreed as follows:
I. GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER/CONSULTANT to the CITY will be that of
a professional consultant, and the ENGINEER/CONSULTANT will provide the
professional and technical services required under this Agreement in accordance with
acceptable environmental and engineering practices and ethical standards.
II. PROFESSIONAL AND TECHNICAL SERVICES
It shall be the responsibility of the ENGINEER/CONSULTANT to work with the
CITY and apprise it of solutions to environmental, engineering, planning and design
problems and the approach or techniques to be used towards accomplishment of the
CITY'S objectives. The scope of services to be provided to accomplish the CITY'S
objectives is set forth in Attachment B, subject, however, to the inclusion of additional
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services as provided III Section IV.C. Additional Services by the
ENGINEER/CONSULTANT may include upon completion of the NPDES Permit
Applications, and upon direction of the CITY, to prepare a comprehensive Stormwater
and Watershed Management Plan and to provide additional engineering, environmental,
planning and surveying services required to design, permit and construct the various selected
alternatives resulting from the Master Plan and/ or to assist the CITY with the
implementation of the Master Plan.
III. PERIOD OF SERVICE
A The ENGINEER/CONSULTANT will begin work promptly after receipt of
a fully executed copy of this Agreement; such receipt shall constitute written
notice to proceed.
B. If the ENGINEER/CONSULTANTS design services called for under this
Agreement are delayed for reasons beyond the
ENGINEER/CONSULTANTS control, the time of performance shall be
adjusted appropriately. If the services under this Agreement continue for a
period of more than two (2) years from the beginning date (as above
provided), the fees contained in Attachment C shall be subject to
renegotiation; any change in such fees shall apply only to the unfinished
services as of the effective date of such change.
C. The ENGINEER/CONSULTANT shall not be bound under this Agreement
if a fully executed copy hereof is not received by the ENGINEER on or
before December 31, 1991.
IV. GENERAL CONSIDERATIONS
A
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All original sketches, tracings, drawings, computations, details, design
calculations and other . documents and plans that result from the
ENGINEER/CONSULTANTS services under this Agreement are and remain
the property of the ENGINEER/CONSULTANT as instruments of service.
Where such documents are required to be filed with governmental agencies
or where indicated in Attachment B, Scope of Services, the
ENGINEER/CONSULTANT will furnish copies to the CITY upon request.
B.
The CITY may, at its expense, obtain a set of reproducible copies of any maps
and/or drawings prepared for it by the ENGINEER/CONSULTANT in
consideration of which the CITY agrees that no additions, deletions, changes
or revisions shall be made to same without the express written approval of the
ENGINEER/CONSULTANT.
c.
Notwithstanding that specific services are enumerated in Attachment B, the
ENGINEER/ CONSULTANT will, upon written request of the CITY, provide
any and all other civil engineering, environmental, surveying, landscape
architecture and planning services required to implement the NPDES Permits
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and/ or Master Plan and normally falling within the scope of selVices offered
by the ENGINEER/CONSULTANT; provided, however, that such additional
services shall result in extra compensation to the
ENGINEER/CONSULTANT, as provided in Attachment C. It is understood
and agreed that if such additional services are requested, the Agreement shall
be considered as a continuing contract with respect thereto.
D. The CITY hereby acknowledges that estimates of probable construction costs
cannot be guaranteed, and such estimates are not to be construed as a
promise to design facilities within a cost limitation unless mutually agreed in
advance.
E. It is understood and agreed that the ENGINEER/CONSULTANT'S services
under this Agreement do not include participation, whatsoever, in any
litigation. Should such services be required, a supplemental agreement may
be negotiated between the CITY and the ENGINEER/CONSULTANT
describing the services desired and providing a basis for compensation to the
ENGINEER/ CONSULTANT.
F. Upon the ENGINEER/CONSULTANT'S request, the CITY will furnish or
cause to be furnished such reports, studies, instruments, documents, and other
information as the ENGINEER and CITY mutually deem necessary, and the
ENGINEER/CONSULTANT may rely upon same in performing the services
required under this Agreement.
G. The CITY and the ENGINEER each binds itself and its successors, legal
representatives, and assigns to the other party to this Agreement and to the
partners, successors, legal representatives, and assigns of such other party, in
respect to all covenants of this Agreement; and neither the CITY nor the
ENGINEER will assign or transfer interest in this Agreement without written
consent of the other.
V. INSURANCE/SAFETY AND HEALTH
A. Workers Compensation and Employers Liability
The ENGINEER/CONSULTANT shall procure and maintain, for the life of
this Contract/Agreement, Workers Compensation Insurance covering all
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employers Liability with limits meeting all applicable
state and federal laws.
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B. General Liability
The ENGINEER/CONSULTANT shall procure and maintain, for the life of
this Contract/Agreement, General Liability insurance. This coverage shall
be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors; Products and Completed'o-Operations
and Contractual Liability. Coverage shall be no more restrictive than the
latest edition of the Commercial General Liability policies of the Insurance
Services Office (ISO).
This policy shall provide coverage for death, bodily injury, personal injury or
property damage that could arise directly or indirectly for the performance
of this Agreement.
The minimum limits of coverage shall be $500,000, per Occurrence Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
The CITY shall be included and identified as an Additional Insured under the
policy/certificate of insurance.
C. Business Automobile Liability
The ENGINEER/CONSULTANT shall procure and maintain, for the life of
the Contract/Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be $500,000, per Occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability, with
a $100 deductible. This coverage shall be an "Any Auto" type policy.
Coverage shall be no more restrictive than the latest edition of the Business
Automobile Policies of the Insurance Services Office (ISO).
The CITY shall be included and identified as an Additional Insured under the
policy/certificate of insurance.
D. Professional Liability Insurance
The ENGINEER/CONSULTANT shall procure and maintain, for the life of
the Contract/Agreement, Professional Liability Insurance. This insurance
shall provide coverage against such liability resulting from this
contract/project. The minimum limits of coverage shall be $1,000,000 (with
a $75,000 deductible limit paid by ENGINEER/CONSULTANT).
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E. Indemnity
In consideration of the sum of One Hundred Dollars ($100.00), the receipt
and sufficiency of which is acknowledged, payable as part of the first payment
for services the ENGINEER/CONSULTANT agrees to defend, save and hold
the CITY, its agents, assigns and employees, harmless from- all claims or
causes of action, including costs and attorney's fees, and all judgements
whatsoever, involving personal injury, bodily injury, death, or property damage,
arising out of any negligent act or omission, or the violation of any federal,
state or local law or regulations by the Engineer/Consultant, its
subcontractors, agents, assigns, invitees or employees in connection with this
Contract/ Agreement.
F. Supplemental Provisions
The insurance coverages and conditions afforded by the above mentioned
policies shall not be suspended, voided, canceled or modified except after
thirty (30) days prior written notice by certified mail return receipt requested
has been given to both the Public Works Director and the Risk Management
Offices of the CITY.
Certificates of Insurance meeting the specific required insurance provisions
specified within this Contract/ Agreement shall be forwarded to both the
Public Works Director and Risk Management Offices of the OTY and
approved prior to the start of any work. After review, the Certificate will be
filed with the City Clerk as a part of the official contract file.
Receipt and acceptance of the ENGINEER/CONSULTANT's Certificate of
Insurance, or other similar document does not constitute acceptance or
approval of amounts or types of coverages which may be less than required
by this Contract/ Agreement.
The CITY may, at its option, require a copy of the ENGINEER/
CONSULTANTs Insurance Policies.
G. Safety and Health Requirements
It is the ENGINEER/CONSULTANTs sole duty to provide safe and
healthful working conditions to its employees on and about the site of
Contract/ Agreement Performance. The CITY assumes no duty for
supervision of the ENGINEER/ CONSULTANT.
The CITY may order that the work stop if a condition of immediate danger
to CITY employees, equipment or property damage exists. This provision
shall not shift responsibility or risk of loss for injuries or damage sustained
from the ENGINEER/CONSULTANT to the CITY, and the
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ENGINEER/CONSULTANT shall remain solely responsible for compliance
with all safety requirements and for the safety of all persons and property at
the site of ENGINEER/ CONSULTANT performance. Should the work
continue into the construction phase, it is understood and agreed to by all
parties that the approved contractor will have sole responsibility for safety and
health conditions at the construction site.
The ENGINEER/CONSULTANT shall comply with. the standards and
regulations set forth by the Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and Employment Security and all
other appropriate federal, state, local regulations or CITY safety and health
standards.
VI. COMPENSATION
The ENGINEER/CONSULTANT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of Attachment C.
VII. TERMINATION
This Agreement may be terminated by either party by seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault. of the terminating party. If this Agreement is
terminated, the ENGINEER shall be paid in accordance with the provisions of Attachment
C for all work performed up to the date of termination.
VIII. SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the project described in Attachment A, or the services of the
ENGINEER/ CONSULTANT called for under this Agreement, is/are suspended, canceled
or abandoned by the CITY, the ENGINEER/CONSULTANT shall be given thirty (30)
days prior written notice of such action and shall be compensated for the professional
services provided and/or related fees for which there is an irreversible obligation up to the
date of suspension, cancellation or abandonment.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the date and year first above written.
B.
Edward Mazur, Jr.
CIATES, INC.
WITNESS
By: Go~ '1(~~
Countersigned:
CITY OF CLEARWATER
1k
BY~~
Michael J. Wr'
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and
correctness:
Attest:
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M.A. Galbraith,
City Attorney
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ATIACHMENT A
STATEMENT ON A DRUG FREE WORKPIACE/
SWORN STATEMENT - PUBliC EN1ITY CRIMES
(PREVIOUSLY SUBMl'lTED)
-ON FIlE WITII CITY-
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CITY OF ClEARWATER
STORMWATER AND WATERSHED MANAGEMENT MASTER PIAN
SECllON A
BASE DATA
An objective of the Base Data task will be to assimilate available existing information which
may be used to compile the data required for submittal to the U.S. Environmental
Protection Agency (EP A) under the NPDES municipal permitting (Section B) and industrial
permitting (Section C) tasks. No new research will be undertaken except as may be
required to meet NPDES requirements and where it may be demonstrated to the City that
information is not otherwise available and is a Federal requirement.
The anticipated level of effort for each data collection task (e.g., number of structures to
be located, number of outfalls to be sampled, etc.) is estimated in the Preliminary Estimate
of Time and Effort included as Exhibit A.
I. INFORMATION COLLECTION AND MANAGEMENT
Upon receipt of written notice to proceed from the City, the Consultant will proceed
with Task I.
I.A. Work Program Coordination - Coordinate the City work program with
relevant Federal, State and local regulatory agencies; undertake and begin
conducting the Project as described in the Agreement, supplying the necessary
personnel, essential equipment, and facilities to accomplish the objectives
stated therein.
I.B. Project Coordination Meeting - Designate in writing to the City, the Project
Manager and those persons who will supervise and coordinate the essential
portions of the project. The Consultant will also designate a project liaison
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officer to coordinate significant project actions with the City. Once these key
personnel are designated by the Consultant, the Consultant will schedule an
initial joint coordination meeting with the City.
1.C. literature Search - Perform a literature search to review and assimilate
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available information pertinent to the project area. This will include but not
be limited to, a review of the following information available from the City,
Pinellas County, the Southwest Florida Water Management District
(SWFWMD), the Florida Department of Environmental Regulation (DER),
the Florida Department of Transportation (FDOT), the U.S. Army Corps of
Engineers (CaE), the U.S. Geological Survey (USGS), the U.S. Department
of Agriculture Soil Conservation Service (SCS), and the Tampa Bay Regional
Planning Council (TBRPC).
lCl. Existing reports relative to the study area.
lCZ. Hydrologic, meteorological, and tidal records.
lC3. City Stormwater Atlas Sheets
lCA. Existing drainage and stormwater management systems within
the study area on file.
lCS. Aerial photography of the study area.
lC6. Documentation of rainfall volume and duration data. The
NPDES permit application process required documentation of
the annual median or average rainfall event in the City to
determine appropriate storm events for sampling.
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I.e.? Present and projected land use within the study area including
the land use elements of the City of Clearwater Comprehensive
Plan, and major developments which have been approved by the
City. Data regarding proposed DRl's, PUD'sand other large
scale or significant impact projects will be requ~s~ed from the
City, Pinellas County, TBRPC, etc.
I.e.S. Drainage maps for City, County and State roads within the City.
I.e.9. Rules and laws related to stormwater and flood plain
management (local, regional, state, and federal) pertinent to the
project area.
I.e.l0. Water quality (existing data sources to include USGS, FDER,
SWFWMD, Pinellas County)
I.C.l1. Stream conditions (e.g., bank erosIOn and hardening, sediment
contamination etc.)
I. C.12. Watershed characteristics (e.g., SCS soils types, impervious surface area
etc.)
In addition, interviews will be conducted with appropriate Public Works
Department personnel to determine availability of maintenance staff and
equipment, frequency of maintenance work, etc.
I.D. Field Work - The City of Clearwater Stormwater Atlas sheets will be reviewed
and evaluated. Major channelj outfalls will be field investigated and existing
drainage and stormwater management systems not indicated on the
Stormwater Atlas sheets will be identified. This work will not result in a
formal update or revision of the City's Atlas sheets.
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The field level familiarization will point out specific problem areas and also
note other pertinent factors such as areas subject to sedimentation, high
velocity reaches, environmentally sensitive areas, and features affecting
modeling. A GIS EHYDRO coverage will be prepared showing major
drainage conveyance routes, structures and outfall locations.
I.E. Land Use Inventory - Inventory existing and proposed land use records from
the City of Clearwater land use plan for use in developing input data for the
municipal NPDES permit application.
I.F. Survey and Topograpbic Base Data - Maximum use will be made of existing
data found in studies made for the City and for Pinellas County. Maximum
use will also be made of City staff, as available, to support base data
collection.
I.F.1.
I.F.2.
I.F.3.
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Topography- Reproducible aerial topographic maps (scale:
1"=200' with l' contours) will be procured by the City from
SWFWMD for the entire basin. If SWFWMD topographic data
is available in GIS format, an integrated layer for topography
will be included in GIS data files.
Crossing Structures - Existing As Built plans for bridge ,and
culvert crossings on the major channels will be obtained, where
available, and pertinent information (invert elevations, low chord
elevations, overtopping elevations at road crossings, pile size and
spacing, and opening dimensions) will be entered into the
GIS/ESTRUC Coverage.
Outfall Structures - Details of major outfall structures will be
taken from existing plans obtained from the City, Pinellas
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County, DOT, etc. Such details will include structure
dimensions, elevations of the flow line and any bleed down
device, existing surface elevation, and elevation of. the top of
bank; this data will be entered into the GIS/ESlRUC Coverage.
Water Bodies - A GIS Coverage (WATER) showing major
water bodies digitized from SWFWMD aerial topographic maps
will be prepared. This will be a polygon coverage showing areas
that appear to be significantly wet based on the aerial
photography (wetlands, streams, lakes, etc.)
GIS Data Base - GIS coverage will be developed containing data
developed under Tasks I.e.?, I.e.lO., lD., I.E., I.F.1., I.F.2.,
I.F.3., and I.FA. of this Section.
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ATIACHMENT B - SCOPE OF SERVICES
GENERAL
This Scope of Services which was developed jointly by the Consultant and City of
Clearwater staff with the mutual goal of responding to the U.S. Environmental Protection
Agency (EP A) NPDES municipal stormwater permitting requirements. The Scope of
Services is broken into sections as follows:
A Base Data
Collection of information necessary for development of U.S. Environmental
Protection Agency - NPDES stormwater permit applications for the City of
Clearwater municipal stormwater system and designated City industrial facilities.
Existing information will be used wherever possible and available. New research to
support the development of required NPDES application will only be undertaken
where it may be demonstrated to the City that such work is necessary and not
otherwise available through existing data.
B. Municipal NPDES Permit Application
Meet the requirements of the U.S. Environmental Protection Agency nonpoint source
NPDES program through completion and submittal of Parts I and II of the
stormwater nonpoint source pollution discharge elimination system permit application
for the City of Clearwater municipal stormwater system.
C. Industrial NPDES Permit Application Component
Meet the requirements of the U.S. Environmental Protection Agency nonpoint source
NPDES program through preparation of individual Industrial nonpoint source
pollution discharge elimination permit applications for selected City of Clearwater
industrial facilities.
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D. Coordination - Municipalities/Regulatory Agencies
It will be critical to the success of the NPDES project to adequately coordinate
activities with Pinellas County, the Cities of Dunedin, Safety Harbor, Largo, Belleair
and Belleair Beach, as well as regulatory agencies such as the ~n~ronmental
Protection Agency (EP A) and the Florida Department of Environmental Regulation
(FDER). The Consultant will assist the City staff through meetings, coordination,
technical research and presentations.
E. National Flood Insurance Program Application
Compliance with the National Flood Insurance Program, Flood Damage Reduction
Requirements for those areas of the City that are considered repetitive loss
properties. These properties include 18 locations within the City of Clearwater that
have been damaged more than one time since 1978.
F. Project Services
At the option of the City Commission, servIces will consist of preparation of
Stormwater and Ecosystem Management Master Plans, construction documents and
regulatory permits for watersheds or basins selected by the City or other stormwater
management/ ecological consulting services. The exact scope of services and
estimate of fees for professional services will be negotiated at the time when the City
is prepared to authorize the work. It is mutually understood that the schedules for
fees and charges may need to be revised and/or updated at the time these services
hare negotiated.
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I CITY OF CLEARWATER I
STORMWATER AND WATERSHED MANAGEMENT MASTER PIAN
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SECTION B
MUNICIPAL NPDES PERMIT APPliCATION
I. PART I NPDES PERMIT APPliCATION
In 1972 the U. S. Congress amended the Clean Water Act to prohibit point source
discharge of pollutants to waters of the United States. These discharges are
regulated by the U. S. Environmental Protection Agency (EPA) under the National
Pollutant Discharge Elimination System (NPDES) permitting program. The initial
goal of the NPDES Program was to reduce pollutant loading in municipal sewage
and industrial process wastewater. The Water Quality Act of 1987, also known as
the Clean Water Act of 1987, added Section 402(p) which required that the EPA
establish regulations governing NPDES permit application requirements for
stormwater discharges. On November 16, 1990, final NPDES permitting application
requirements for industries as well as certain municipalities were published in the
Federal Register (Vol. 44, No. 22).
Generally, municipal permits (a two-part application) are required for urban areas
with populations in excess of 100,000 (1980 census).
The Part I application is a background assessment of the City of CleaIWater (City)
using predominately existing information and information collected under Section A
Base Data. This information establishes technical, legal, management, and financial
"baseline" data for the Part II application Work Plan.
LA General Information and Legal Authority
The Consultant will coordinate with the City Attorney, Public Works
Department, and other appropriate personnel to document:
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General information regarding the City required for the Part I
application.
Those laws that provide legal authority to the City to enact ordinances,
require permits, or monitor activities that mandate control of
stormwater discharges by various types of sources.
This task will include the establishment of a coordination plan with Pinellas
County for their County-wide NPDES permit. Technical tasks will be
coordinated with GIS data management considerations for the NPDES.
I.B. Source Identification
The Consultant will identify and document background data necessary for the
development of a comprehensive stormwater pollution management program
and a NPDES permit application. This background information is required
for the Part I NPDES permit application and also supports the technical
studies that need to be completed in order to prepare the final management
plan for the Part II NPDES application. Specific items to be gathered,
assessed, and documented include:
Outfall locations
Identification of known storm sewer outfalls that discharge into waters
of the United States (existing outfall location maps may be used).
Drainage Boundaries
Estimate of the outer perimeter and area of drainage for each major
outfall.
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Land Use Data
Identification of land use activities within the drainage basin of each
major outfall, with estimates of population densities per land use and
projected growth (year 2000) areas. An average runoff coefficient will
be. provided for each land use.
Industry Locations
Identification of industrial activities by Standard Industrial
Classification (SIC) codes.
Waste Disposal Facilities
Location and description of municipal landfills (operating or closed)
and waste treatment facilities, including hazardous waste sites.
Existing NPDES Discharges
Location of known discharges to the storm sewer system that have been
issued an NPDES permit.
Stormwater Controls
Location of major structural stormwater /nonpoint source pollution
controls for stormwater discharges.
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Open Space
Location of publicly owned parks, recreational areas and other open
areas.
I.e. Discharge Characterization
The Consultant will gather and present background information on the
stormwater discharge characteristics of the City's stormwater system, as well
as conditions in, and potential impacts to, downstream water bodies. Specific
items to be addressed include the following:
I.e.l. Rainfall Information
Monthly mean and average information.
I.e.2. Discharge Information
Existing quantitative data for volume and quality of storm
discharges, summarized from existing drainage studies. Include,
where readily available, water quality sampling information,
including procedures and methods.
I.C.3. Receiving Water Information
Summarize existing water quality information on waters that
receive City storm discharges. The following data sources will
be used for this analysis:
Section 305 (b) Reports
Section 304 (1) Reports and supporting information
Section 319 (a) Report for the State of Florida
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Section 314 ( a) Reports
Section 320 Estuary Program information
Available water quality reports provided by the City,
Pinellas County, SWFWMD or FDER
lCA. Field Screening
The Consultant will coordinate with Pinellas County staff and
the City of Clearwater to develop the field screening program
for the City of Clearwater which will:
Utilize City wide grid system (1/4 mile square grid cells) to
define candidate grid cells. Use land use information, e.g.,
heavily urbanized areas suspected of illegal discharges, to select
final screening points. Select 250 screening points. Each
screening point will be visually observed during non-storm
conditions. If flow is observed, two grab samples shall be
collected in a 24 hour period and evaluated for:
flow rate
color
odor
turbidity
oil sheen or surface scum
Provide a narrative description of the above for both samples.
Also, develop field analytical data for:
pH
total chlorine
total copper
total phenol
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surfactants
The Consultant will coordinate with City and Pinellas County
staff who will perform actual sampling and use results of field
screening program to support the Part I application.
I.D. Characterization Plan
Prepare a plan for storm discharge characterization, including the selection
of 10 discharge points for storm event sampling. Prepare narrative for
Characterization Plan.
I.E. Management Program
Prepare a narrative of the City's existing management programs for storm
pollution control. Include narrative sections describing:
structural and non-structural controls
operation and maintenance measures
floodplain management program
wetland protection program
land development regulations
emergency/spill response programs
Florida DER and SWFWMD storm pollution control
regulations/programs currently being implemented in Clearwater.
any programs/measures directed toward illicit connection detection and
management.
I.F. Financial Review
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The Consultant will review the City's existing financial abilities (e.g., the
current Stormwater Utility) to determine whether it has adequate capacity to
finance the final City stormwater management program. Activities will
include:
Identify current financial resources of the City to fund stormwater
NPDES implementation tasks, including current funding levels,
municipal budget overview.
Identify funding requirements for preparation of the Part II application
and for long-term ability to support more intensive water management
responsibilities.
Search for other funding sources such as the Southwest Florida Water
Management District.
I.G. Preparation of NPDES Part I Application
Part I NPDES application materials will be prepared according to EP A
content and format requirements.
Data Mapping
Information developed in Task I.E. will be input to the GIS data
management system as separate overlays. This data will then be
mapped for Part II application purposes, on either 7.5 minute USGS
topographic maps or other appropriate base map approved by EP A.
Permit Application Narratives
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Develop a draft report that summarized necessary Part II application
information for City review. Incorporate review comments, if
necessary, and prepare final application/report for City submittal to
EPA by May 18, 1992.
tH. Part IT Work Plan
Following the completion of the preparation of the Part I NPDES Permit
Application, the work plan for the preparation of the Part II application will
be refined, as necessary by the Consultant to incorporate new information
developed or identified through the Part I application process. This work plan
will be based on the preliminary work plan presented below, along with an
evaluation of the results, conclusions and policy decisions made during the
Part I application process.
II. PART IT NPDES PERMIT APPliCATION
The Part II application will supplement and build upon the information submitted
in Part I and will require comprehensive water quality sampling and testing. The
final objective of the Part II application is to establish a comprehensive stormwater
management program for the City of Clearwater. The Consultant will not proceed
with Part II NPDES permit application preparation and related services without
written authorization by the City.
ItA. General and Legal Activities
The Consultant will coordinate with City staff and the City Attorney's office
to develop a narrative report containing the following:
Roles and responsibilities of the City during the ensumg permit
compliance period.
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Legal framework and options for the vanous management plan
alternatives, including; industrial site activities and storm discharges,
illicit discharges, spills or other non-storm discharges, co-applicant
agreements with Pinellas County, enforcement provisions, inspection
or monitoring/surveillance activities.
Identify recommended steps to exercise legal authority to control
discharges.
IlB. Source Identification
Outfall locations
Identify and map any new outfall locations identified subsequent to the
preparation of the Part I application. Include with GIS map overlay
developed for Task I.B.
Industrial Discharge Data
Develop an inventory of industrial storm dischargers by watershed,
including SIC codes. Use the overlay map developed for Task lB.
updated with any industrial stormwater NPDES permit application
information that can be obtained from EP A.
II.C. Discharge Characterization Data
Gather information and conduct sampling as described below:
II.C.l. Quantitative Data
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Collect storm discharge samples for 3 events at 10 outfall
locations (at least 30 days between sampling). Prepare a
narrative description for the following for each sampling event:
date and storm duration
rainfall amount
time from last rainfall
Analyze storm samples for:
organic pollutants, Table TI of EP A Form 2F
toxic pollutants, Table ill of EP A Form 2F
TSS, IDS, COD, BaS, Oil and Grease, Fecal Coliform,
Fecal Strep., pH, TKN, NOJN03, dissolved phosphorous,
Total ammonia plus organic nitrogen, Total P.
ILC.2. Pollutant Loading Analysis
Prepare estimates for annual pollutant load of cumulative
discharges to Water of U. S. from City outfalls defined in L B.
and TI. B. Also, estimate event mean concentration of this
cumulative discharge for BOD, COD, TSS, IDS, Total N, Total
ammonia plus nitrogen, Total P, dissolved P, CD, CU, PB, and
ZN. The technical approach to be used for the pollutant
loading analysis is a spreadsheet methodology that uses
information contained in GIS overlays for each selected
watershed. These GIS overlays (e.g., land use) have technical
information associated with them (e.g., land use types, loading
factors, etc.) that is stored in the GIS database. This
information can be manipulated, using database management
techniques available for the GIS system to, for example,
summarize the acreage of various land use types within a
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specified geographical area or drainage basin. The GIS
database management system then also allows for calculations
to be made that assign a specified pollutant load to a data
parameter (for example, land use) and then summarized this
data parameter's information - for example total pollutant loads
for land use in a watershed. This approach is used tor pollutant
types described herein.
In this way, environmental impacts can be identified graphically
(within a watershed) using the GIS system; such as:
Runoff nutrient loadings based on land use categories
Loss or degradation of wetlands and other natural
systems.
Use of herbicides, pesticides, and fertilizers.
Disposal of automotive and yard wastes.
Illicit discharges into sewers.
In a similar matter, the following nonstructural pollution
management practices can also be evaluated:
Maintenance of ditches and retention ponds.
Preservation and conservation of natural systems.
Upland buffers.
Natural control vs. use of herbicides and pesticides.
Urban pond and wetland maintenance and mitigation.
Erosion control.
Reclaimed water use.
Hazardous wastes management.
This task includes the development of coverages for an
ARC/INFO Geographic Information System (GIS). These
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coverages will be developed for ecosystems information. Where
possible, existing sources of electronic media will be used for
the information to be input to the ecosystems GIS coverages.
The Coverages will include the following data:
Points of illicit discharge into the storm drainage system
(including contaminated groundwater seepage).
Wastewater treatment and disposal methods, including
areas of septic tanks use (existing and projected).
Historic and current landfill areas and conditions
(including known and/or documented contamination of
surface and groundwaters).
Point sources of pollution, including wastewater treatment
facilities, industrial discharges, and other "dry weather
sources".
Nonpoint sources of pollution, including land use
nonpoint source loads.
Watershed chemical usage, including fertilizers, pesticides,
herbicides, etc. on a land use basis, or on a site activity
basis.
Watershed ecological impacts will be identified by locating point
and nonpoint source impacts throughout the watershed, using
available information concerning documented pollution
discharges resulting from the identified ecological impact
categories.
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The GIS overlay system will be used to define ecological impact
summaries for watersheds within the City. This is essentially the
accumulated total of stormwater or nonpoint source pollution
impacts on a watershed basis. Watershed nonpoint source
loadings will be identified for selected ecosystem problem points
throughout each selected. watershed. Total pollutant loading
coverages to these ecosystem problem points will be overlayed,
calculated and documented for use by the City in developing
future Watershed Management Plans and for submission to
EPA.
II.C.3. Seasonal Pollutant Estimates
Develop a schedule to provide estimates of seasonal pollutant
loads and event mean concentrations for any constituent
detected in sampling conducted for Task II.C.l. This task is for
the development of the schedule only, no additional sampling
or analysis is budgeted.
II.CA. Monitoring Program
Develop a 5-year sampling and monitoring. program, including
the identification of outfall locations, sampling and analysis
protocols, and narrative justification.
II.D. Develop NPDES Stormwater Management Program
Coordinate with City of Clearwater staff to identify proposed city wide
comprehensive stormwater management master planning programs and
activities to be conducted by the City prior to or during the five year permit
period. Augment these programs/activities with those required by EPA
regulations as developed in the following sub-tasks (budgeted effort does not
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include the actual development of master plans, ordinances or ordinance
language ):
II.D.l. Commercial and Residential Area Controls
Identify measures and programs as described- below for
commercial and residential areas:
a. maintenance activities and schedules for structural
controls
b. planning procedures for new development, including
construction site runoff
c. public roadway storm pollution control plan
d. flood control program coordination, including retrofit
opportunities
e. management and monitoring plan for storm pollution at
municipal waste facilities, including inspection schedules
f. pesticide, herbicide and fertilizer management program
II.D.2. Illicit Discharge Management Program
Prepare a program and schedule to detect and remove illicit
discharges and improper disposal of pollutants in storm sewer
system. Include the following provisions:
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a.
sources to be covered under this program (reflect EP A
regulations)
b.
screening procedures and locations
c.
detailed pipe inspections for identified illicif connection
areas, including areas to be so tested
d.
spill prevention and emergency response program
e.
public involvement and reporting program
f.
educational program for used oil and toxies disposal
II.D.3. Industrial and Municipal Waste Disposal Program
Develop a storm pollution control program for municipal waste
disposal areas and industrial discharges subject to SARA Title
III Section 313 provisions. Identify inspection priorities and
procedures, and a city wide management program. Also,
develop an industrial stormwater discharge monitoring program.
I1.DA. Construction Site Program
Develop a program, or incorporate existing City and SWFWMD
programs for construction site storm pollution (erosion and
sedimentation) control. Identify site planning provisions, BMP
requirements, inspection program, enforcement program, and
educational and training measures.
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II.E. Assessment of Controls
Identify the anticipated reduction in existing condition stormwater pollution
loads (developed in Task II.C.2.) that can be expected to occur by
implementing the Management Program developed in Task !I. D. of this
Section.
II.F. Financial Plan
Based upon funding required to implement the Part IT management plan, the
Consultant will identify a financial strategy which will be required to support
the overall management plan on an annual basis for the five year permit
program. Funding sources will be identified. Select feasible financing
mechanisms for the City's selected Part 2 Stormwater Management Plan.
IT.G. Preparation of NPDES Part n Application
The Consultant will prepare Part II NPDES permit application which will
include the preparation of narrative information that must be provided in the
Part II NPDES application. In addition, identify and define programs and
commitments necessary to implement the Part 2 Management Plan.
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ATTACHMENT C - COMPENSATION
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ATTACHMENT C - COMPENSATION
I. METHOD OF COMPENSATION
A. Time Charges - The CITY agrees to compensate the
ENGINEER/CONSULTANT for the professional services called for under
Attachment B to this Agreement by the hours worked and the-:.attached
fee schedule as outlined in Table 1.
Estimated costs for each of the work items follow in
Exhibit A. It is estimated that the cost for some work items may
be less or greater than the estimate as long as the upset limit
total including reimbursable costs shown for the entire work effort
is not exceeded.
B. Additional Services - services authorized by the CITY
other than those specifically listed in the Scope of Services shall
be considered additional services for which the CITY shall
compensate the ENGINEER/CONSULTANT as provided for herein.
Additional services shall include revisions to work previously
performed that are required because of a change in the data or
criteria furnished to the ENGINEER/CONSULTANT, or a change in the
scope or concept of the project initiated by the CITY, and/or
services that are required by changes in the requirements of public
agencies, after work under this Agreement has commenced.
C. Out-of-Pocket (Reimbursable Expenses) - The CITY shall
reimburse the ENGINEER/CONSULTANT for all out-of-pocket expenses
directly chargeable to the services provided at the actual cost
incurred. Such charges shall be itemized and included in the
monthly invoices and shall be submitted and paid as provided for
such invoices. Typical reimbursable expenses include long distance
phone charges, meals and travel expenses when traveling outside the
Tampa Bay area on the CITY's behalf, computer time charges, and
identifiable reproduction costs.
II. INVOICING PROCEDURE
A. The ENGINEER/CONSULTANT shall submit invoices and
progress reports to the CITY for work accomplished during each
calendar month; the amount of each monthly invoice shall be based
on time charges/out-of-pocket expenses for the work accomplished
during the invoicing period. Such invoices shall be submitted by
the ENGINEER/CONSULTANT as soon as possible after the end of the
month in which the work was accomplished and shall be due and
payable by the CITY within thirty (30) days.
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III. MISCELLANEOUS
A. Fee Renegotiation - If the ENGINEER/CONSULTANT's
services continue beyond 24 months from the date of this Agreement,
the fees contained in Exhibit 1 of this Attachment shall be sUbject
to renegotiation; any change in such fees shall apply only to the
unfinished service as of the effective date of such change.
B. Regulatory Constraints - The CITY understands and
agrees that should the CITY direct the ENGINEER/CONSULTANT to
perform a portion of the work prior to receiving the necessary
approval from the applicable regulatory agency, and regulatory
agency approvals, when granted, require changes to said work, such
changes shall be considered as "Additional Services" and the
ENGINEER/CONSULTANT will be compensated for the "Additional
Services" in accordance with Paragraph I.B above.
C. Rules, Regulations, Ordinances - The CITY understands
and agrees that the work outlined in section I of Attachment B,
Basic Services, and the fees outlined in Section I of Attachment
C, Compensation, are based on the ENGINEER/CONSULTANT's performing
the services in accordance with the existing local, County, state,
and Federal rules, regulations and ordinance in effect at the time
of execution of this Agreement and that should any changes to such
rules, regulations and ordinance be made, the ENGINEER/CONSULTANT
will be compensated for any "Additional Services" necessitated by
such changes in accordance with Paragraph I.B above.
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CITY OF CIEARWATER
STORMWATER AND WATERSHED MANAGEMENT MASTER PLAN
SECI10N C
INDUSlRIAL NPDES PERMIT APPUCATION COMPONENT
I. INDIVIDUAL INDUS1RIAL NPDES PERMIT APPUCATION
As described in Section B, the final National Pollutant Discharge Elimination System
(NPDES) permitting program (Federal Register Volume 44, No. 22) also requires
Individual Industrial permits for certain industrial facilities operated by
Municipalities. It appears, at this time, that City facilities requiring individual
permits will include:
East Wastewater Treatment Plant
Northeast Wastewater Treatment Plant
Marshall Street Wastewater Treatment Plant
Solid Waste Transfer Station
Vehicle Maintenance Facility
Airport (if required)
Solid Waste Management Facility (adjacent to Marshall Street WWTP)
Public Works Materials Storage/Handling Facility
lA Site Inspection and Coordination Meeting
The Consultant will meet with City personnel to gather necessary facility
information required for the permit application package. This information
includes site mapping and related characteristics data, as well as existing
information concerning materials use, management, and disposal at the
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facility. This meeting will include a site inspection to identify storm drainage
characteristics and site areas and/or outfalls.
lB. Agency Coordination Meeting
It is proposed that the final sampling plan for a facility (including any
grouping of similar outfalls that is relevant and appropriate) be identified to
EP A for review and approval. Any additional specific considerations for a
facility, as they relate to the development of a permit application according
to the EP A regulations, also would be identified as part of this task. A
meeting with the agency to review this information will be requested.
IC. Field Sampling
Individual applications for stormwater NPDES permits require that a field
sample of storm discharge from ,a facility (and from all outfalls of a facility
unless grouping of similar outfalls is appropriate) be submitted with the
application package.
The Consultant proposes the use of analytical test kits, which include specific
sampling and handling information designed for each site. With this
approach, City personnel will sample stormwater flows using EP A-approved
bottles, preservatives, and QA procedures, to ensure the proper and consistent
timing, collection, storage, and holding time for each analysis.
The analytical test kit approach for NPDES permit application sampling
involves the following subtasks:
Selection of representative outfalls for field sampling.
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Development of instructional materials (possibly including an
instructional video tape) describing and illustrating the field sampling
procedures for the particular facility, and including the specific
sampling locations, along with the proper use of the sampling kits.
Training of City of Clearwater personnel for sampling of storm events
at each necessary facility.
Delivery of a field sampling kit(s) with a description of specific
sampling procedures to the City.
Storm event sampling by City personnel (according to specific
instruction and guidelines included with the sampling kit), including
completion of sampling forms and submission of detailed site
photographs and supplementary information.
Delivery/shipment of completed samples by City personnel, in the
sampling kit, to the selected analytical laboratory for analysis within
required holding times.
Rigorous evaluation of analytical laboratory results by the Consultant
including QA/QC and data consistency check.
lD. Non-Stormwater Discharge Certification
EP A regulations require that a facility owner certify that there are no non-
stormwater discharges to a facility's storm drainage system. The Consultant
proposes to use a field inspection during non-storm conditions to identify
whether any discharge is occurring in or through the facility's storm drainage
system. This independent inspection can then be augmented by a documented
reinspection program by City facility personnel over a long enough period of
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time to allow for the necessary certification to be provided to the regulatory
agency.
The field inspection and thorough review of a facility's operations and storm
drainage mapping may identify a need to conduct more rigorous smoke or dye
testing. The Consultant Team can then develop a practical testing program
for specific applications as necessary.
I.E. Permit Application Preparation
Information gathered and developed through the previous tasks will be
synthesized into a draft permit application document for review and approval
by City staff prior to submission to EP A The Consultant will provide
documentation (including backup files) for the application package.
I.F. Agency Interaction
This task includes coordination with EPA Regional IV (Atlanta) personnel
to discuss the permit application package and respond to any questions or
concerns. Additional support needs, including negotiation of eventual permit
conditions and/or limitations, will also be provided by the Consultant.
I.G. Control Alternatives
Based on the sampling results and the interpretation of facility information,
a practical and cost-effective management strategy, including specific control
alternatives, can be developed to satisfy both the city's needs and EP A
requirements. A control alternatives document will be developed that
identifies the types of practical and cost-effective measures that are applicable
to the various facilities.
11/26/91
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TABLEl
FEE SCHEDULE
I
Job Classification
Rate ($/Hour)
Principal
Water Resources/Environmental Science Director
Senior Project Manager
Project Manager
Senior Engineer
Project Engineer
Designer
Technician
Drafter
Senior Environmental Scientist
Environmental Scientist
Survey Manager
Land Surveyor
Survey Technician
GIS/CADD Technician
Survey Crew (3 Man)
Sf. Planner
Planner
Construction Manager
Field Representative
\V ord Processor
, 10/02/91
$110.00
97.00
91.50
77.00
85.00
62.00
48.50
42.00
32.00
...,... ?-
I :J._::>
56.25
65.00
52.00
47.00
55.00
82.00
70.00
55.00
55.00
49.50
25.00
i-.' _ ,~
I
I
CITY OF CLEARWATER
STORMWATER AND WATERSHED MANAGEMENT MASTER PLAN
SECTION D
.COORDINAll0N - MUNICIPAI1TIESjREGUlATORY AGENCIES
An objective of this task will be to ensure that all work efforts are performed as efficiently
and economically as possible by eliminating. duplication of efforts performed by adjacent
municipalities, and preparing documents, etc. in accordance with the latest guidelines from
the reviewing agencies when it is in the best interest of the City. to do so.
1 MUNICIPAI1TIES
Upon receIvmg direction from the City, the Consultant will meet with the
appropriate representatives of Pinellas County and adjacent municipalities to discuss
project objectives, approach and final product in order for all work efforts to be
coordinated and free of duplication. It is anticipated that meetings/coordination with
the Cities of Dunedin, Safety Harbor, Largo, Belleair and Belleair Beach, as well as
Pinellas County will be required.
ll. REGUlATORY AGENCIES
Upon receIvmg direction from the Client, the Consultant will meet with
representatives of EP A and FDER to discuss and negotiate for the most efficient
final work product that is in the best interest of the Client. It is anticipated that
travel to Atlanta, Georgia, and Tallahassee, Florida, will be necessary on several
occaSIOns.
11/26/91
D-l
': ... 'Ii'
. ,
I
ID. OTIJER MEETINGS
11/26/91
I
Upon receiving direction from the Client, the Consultant will meet with, and present
status reports to, groups such as the Clearwater Environmental Advisory Committee,
and others as the budget will allow. In addition, it is anticipated that two
presentations to the City Commission will be made.
D-2
I
I
CITY OF CLEARWATER
STORMWATER AND WATERSHED MANAGEMENT MASTER PLAN
SECTION E
NATIONAL FWOD INSURANCE PROGRAM APPUCATION
The City desires to comply with the Flood Damage Reduction requirements of the National
Flood Insurance Program by preparing an application addressing those areas of the City
that are considered to contain Repetitive Loss properties. The Engineer has been provided
with a list of 18 locations that have been damaged by flooding more than one time since
1978. This list will be the basis of the work outlined below.
I. RESEARCH/EVALUATION
The Engineer will visit each of the 18 repetitive loss sites and discuss the prior
damage with owners knowledgeable of the events. In addition, research will be
conducted to determine the recurrence interval of the storm that created the damage
to determine if it exceed the 100 year event in order to determine which of the 18
sites (if any) need not be classified as Recurring Loss sites.
II. APPUCATION
The Engineer will prepare an application outlining a program to reduce/eliminate
the damage occurring at the Repetitive Loss sites. Parts of the application will
explain the Stormwater Management Plan work effort, outlined in other sections of
this Agreement, to show progress already being made in eliminating the Repetitive
Loss damage. It is understood that structural solutions may not be available for all
sites and that, in some cases, acquisition and/or relocation may be the only solution.
11/26/91
E-1
it' ,- "
^i c
.. <.-... ~
'"
11/26/91
I
I
Any follow on reports outlining further progress will be prepared by the Engineer
under separate Agreement since it is outside the Scope of Services of this work
element.
E-2