HomeMy WebLinkAbout1993 - 1994 - CorrespondenceFACSIMILE TRANSMISSION LEAD SHEET
FAX TO: 589-9048
DATE: March 13, 1995 V
(rAX NUMBER)
NUMBER OF PAGES TO FOLLOW THIS COVER SHEET:
TO/NAME:
COMPANYNAME: Price & Associates
CITY / STATE: Sebastian, FL
LOCATION: 1623 U.S. Hgwy. #1
FROM / NAME:.
LOCATION:
PHONE:
CITY OF SEBASTIAN UTILITIES DEPARTMENT
700 Main St.
PHONE: 388-5536
SUBJECT: Previous Correspondence Re Sebastian HSewernaysLemsr
Oeiginal Will Follow Original Will NOT Follow
'Phis FAX iv is transmitted from 388-5536`
Message: As requested, I am faxing to you my letter of
June 27, 1994 to Hal.SchmidtE V.P. of Hartman and
Associates Also 7 am fa t the 7111), 7 1994
letter of res onse from Hal Schmidt to Cit Mana er
Joel Koford.
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
June 27, 1994
Hr. Hal Schmidt, Vice President
Hartman & Associates, Inc.
201 East Pine Street, Suite 1000
Orlando, FL 32801
Re: Sebastian Highlands Water and Sewer Systems
Dear Hal:
Since the City purchased the General Development Utilities
Sebastian Highlands Water and Sewer Systems on December 16, 1993,
several expensive maintenance and repair items have been revealed.
Examples of such are the deteriorated condition of sewage lift
station No. 2 at the intersection of Kildare Drive and High Court
and non -operation of the 250 gallon per minute high service pump at
the water treatment plant. In my discussions with Hr. Koford in
regard to the acquisition of the .General Development Utilities_
system, he wanted to know why these problems weren't identified in
the "due diligence" report by the engineering consultants. Also,
he wanted to know why the sanitary sewer collection system hadn't
been televised during the process of negotiations which began back
in ' 1991 .
2 would appreciate a replT in regard to the extent your firm
investigated the condition of the GDU water and sewer system before
and during negotiations with GDU. You can address the reply
directly to City Manager, Joel Koford, with a copy to me.
Sincerely.
Richard S. Votapka, P.E.
Utilities Director
RBV/nsv
HARTMAN & ASSOCIATES, INC.
ASSOCIATES:
PRINCIPALS:
Jamca E. ChIlImpha, P.E. enghteers, hydrogeologists, surveyors & management consultants William
San m C QMatter,
in tor. RE.
Charlet W. Enke, P.G. Timothy A. Hnchull, P.H.
Getald C. Hartman, P.E. Marco H. Rocca, C.M.C.
MarkP.L.S.
A
Mark A.July 7, 1994 HAI# 92-023.07
Ryn P.E.
Namld E.. Schmidchmidt. Jr., P.E.
Reginald L. Thdale, P.E.
John W. Vogt, P.E.
Mr. Joe Koford
1 =rl.�.�_�i' ,rteflll�j
City Manager L ! .? %City of Sebastian1225 Main StreetSebastian, Florida 32958
Subject: Mr. Richard Votapka's Letter Dated June 27, 1994 y —_
Dear Mr. Koford:
This letter is in response to Mr. Richard Votapka's letter of June 27, 1994, to my attention, which
I received on July 5, 1994. Since Richard requested an explanation of the events which he only
knows a portion of, we will try to provide to you an update of the events which are well
documented in the City files, as well as our own.
Initially, the City of Sebastian retained Hartman & Associates, Inc. (HAI) to conceptually
evaluate if it would be feasible to obtain the water and sewer franchise back from Indian River
County. This overview and conceptual study was provided to the City as a report. In summary,
the report recommended that it was feasible retake to water and sewer franchise back from the
County only if the City purchased the General Development Utilities, Inc. (GDU) Sebastian
Highlands water and sewer facilities for an amount of $2,000,000 with a contingency provision of
about $600,000 subject to negotiations, detailed inspections and other due diligence requirements.
When the City approached GDU relative to this matter they initially refused to discuss the sale of
the Sebastian Highlands facilities, and maintained that City inspections, testing, and so forth
would interrupt their operations. In addition, GDU stressed that their franchise was with the
County not the City. Later, during settlement negotiations for the Cities of North Port, Palm Bay
and Sebastian facilities, in which Mr. Rob McClary participated, a value of $2,250,000 was
recommended as a maximum for the Sebastian Highlands water and sewer facilities subject to
proper investigations. This offer was subsequently rejected by GDU. Then the City of North
Port arbitration hearing was held and GDU obtained an award of $16.5 million for that system.
After that award and prior to the next arbitration for the Port Malabar facilities, an offer to settle
both the Cities of Palm Bay and Sebastian facilities was given to the City of Palm Bay by GDU in
which they allocated a value for the Sebastian Highlands facilities. The value for the Sebastian
Highlands facilities was not distinguished, yet believed to be between $2.5 and $3.0 million. This
offer from GDU was rejected by the City of Palm Bay since the price to settle the Palm Bay
portion was considered too high. As was the case with the City of North Port system, the City of
Palm Bay went through the arbitration process and the Court award for the Palm Bay system was
$31.9 million.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Joe Koford
July 7, 1994
Page 2
Our firm then recommended to the City that a detailed investigation of the GDU Sebastian
Highlands water and sewer system be conducted, and subsequently provided a cost quotation for
the work to the City. At that time, the City Administration felt that any probable purchase of the
GDU system would be within the $2.5 to $3.0 million range and that GDU would not reduce the
price below that no matter what. Therefore, the combination of the above and GDU's refusal for
detailed inspections resulted in a temporary compromise between both parties, where GDU
provided limited operational records and a one -day inspection of the Sebastian Highlands water
and sewer facilities.
The City designated Mr. Gerald C. Hartman to negotiate with Mr. Charles Fancher, President of
GDU. He did, and obtained Mr. Fancher's initials on a purchase price for the Sebastian Highlands
facilities of $2.75 million. Both were limited in authority, W. Fancher had to present the results
of the negotiations to the Board of Directors, and Mr. Hartman had to present the same to the
City Council and City Manager and the City had to conduct a Chapter 180.301 hearing. It should
be noted that the above was subject to detailed inspections and corrections of encumbrances
found by surveys, title work or environmental audits. Mr. Hartman, Mr. McClary and I met with
each council member to discuss the negotiations thoroughly and subsequently conducted a public
meeting regarding the same.
GDU then filed a rate case, in which they proposed approximately a 100 percent rate increase.
The purpose of this rate increase filing was to possibly increase the purchase price of the facilities,
based on the results of the rate case. The City hired Rachlin & Cohen to handle the rate case and
system inspections associated therewith. Rachlin & Cohen reported no significant deficiencies
and recommended a 95 percent rate increase. It is my understanding that once the GDU Board of
Directors learned of the Rachlin & Cohen report, they rejected the $2.75 million dollar figure.
As a result of the apparent stalled negotiations, the City Council appointed an acquisition task
force which included the Mayor, Acting City Manager, Finance Director, Utilities Director and
City Attorney. The purpose of this acquisition task force was to negotiate directly with GDU.
During this period, Hartman & Associates, Inc. were limited to on-call services as -needed and did
not participate in the discussions or contract preparation, which lead to the $3,625,000 value that
the City's acquisition task force negotiated with GDU. HAI was subsequently retained for the
Chapter 180.301 briefing document and engineers report for the bonds. During the preparation of
these documents, HAI recommended to the City numerous capital improvements, system
documentation studies and renewal and replacement (R&R) programs as documented in the files.
The City representatives rejected the programs to be bonded due to the rate impact. In addition,
HAI recommended that a water system expansion program with assessments be conducted to
expand the customer base to spread -out the costs to maintain lower rates. This also was delayed,
yet indicated that such a program would be forthcoming soon as a second phase. Furthermore, to
limit costs, the City engineering and administrative conducted reviews, training, transitional
Mr. Joe Koford
July 7, 1994
Page 3
activities, and budget preparation activities, including R & R capital outlay and operation and
maintenance (O & M) costs.
With regards to the maintenance and repair items that have been revealed, and the televising of
the GDU gravity sewer system, you should keep in mind that GDU only permitted HAI one (1)
site visit. This site visit was limited in nature and HAI was not permitted to physically test or
operate any of the equipment associated with the water and wastewater facilities. In addition,
without GDU's permission televising of the gravity sewer system could not be conducted.
Furthermore, during the conceptual phases of the acquisition HAI stressed to the City
administration of the importance of detailed site inspections based on our knowledge of GDU's
operations. Other than the initial inspection, I am not aware of whether or not the City was
permitted to inspect the Sebastian Highlands facilities during their negotiations with GDU, since
HAI was not involved with the negotiations. The purchase price was agreed upon based the
system analysis conducted by the City's acquisition task force, and not HAI. As noted above,
during the financing phase of this acquisition HAI recommended to the City that programs be
funded for unknown deficiencies. The City staff rejected these programs due to the rate impact
on the system customers.
I believe the record will show that the capital improvements and programs delineated by HAI
address Mr. Votapka's letter's point. The City's combined wishes to hold rates, not expand the
water system, and increase the purchase price from $2.75 million to $3.625 million have led to the
present situation.
I believe the above addresses Mr. Votapka% June 27, 1994 letter. If, however, you should have
any questions regarding this matter, please do not hesitate to call me.
Very truly yours,
Hartman & Associates, Inc.
Harold E. Sc hrm t, Jr., P.E.
Vice President
HES/er/C-1/Koford.hes
cc: Richard B. Votapka, P.E., City of Sebastian
Gary J. ReVoir, P.E., HAI
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
June 27, 1994
Hr. Hal Schmidt, Vice President
Hartman & Associates, Inc.
201 East Pine Street, Suite 1000
Orlando, FL 32801
Re: Sebastian Highlands Water and Sewer Systems
Dear Hal:
Since the City purchased the General Development Utilities
Sebastian Highlands Water and Sewer Systems on December 16, 1993,
several expensive maintenance and repair items have been revealed.
Examples of such are the deteriorated condition of sewage lift
station No. 2 at the intersection of Kildare Drive and High Court
and non -operation of the 250 gallon per minute high service pump at
the water treatment plant. In my discussions with Mr. Koford in
regard to the acquisition of the General Development Utilities
system, he wanted to know why these problems weren't identified in
the "due diligence" report by the engineering consultants. Also,
he wanted to know why the sanitary sewer collection system hadn't
been televised during the process of negotiations which began back
in '1991.
I would appreciate a reply.in regard to the extent your firm
investigated the condition of the GDU water and sewer system before
and during negotiations with GDU. You can address the reply
directly to City Manager, Joel Koford, with a copy to me.
RBV/nsv
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
Post -it' Fax Note 7671
of
ate ./ ��- pages /
TO VII/FromY
J/' e9CT
Co./Dept.
Co.
Phone # �y �i7 , /
!I�
Phone #
Fax#n/
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Fav#
HARTMAN & ASSOCIATES, INC.
PRINCIPALS: ASSOCIATFS:
Janes E. Ch"' "hes,P.E. engineers, hydrogeologists, surveyors & management consultants WillOm D. Musser. P.E.
Choles W Dake. P.G. Scat C. Quinlan, P.E.
Gauld C. Henmun, RE. Timothy A. Hochull, P.E.
Mak 1. Luka P.L.S. Muco H. Rasa. C.M.C.
H.mId E. Schmd,ft.., P.E. July 7, 1994 HAW 92-023.07
Reginald L. Tisdale, P.E.
John W. Vogl, P.E.
Mr. Joe Koford --
City Manager L'
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
-- �1'�T-',`•-if--..r .,iii
Subject: Mr. Richard Votapka's Letter Dated June 27, 1994
Dear Mr. Koford:
This letter is in response to Mr. Richard Votapka's letter of June 27, 1994, to my attention, which
I received on July 5, 1994. Since Richard requested an explanation of the events which he only
knows a portion of, we will try to provide to you an update of the events which are well
documented in the City files, as well as our own.
Initially, the City of Sebastian retained Hartman & Associates, Inc. (HAI) to conceptually
evaluate if it would be feasible to obtain the water and sewer franchise back from Indian River
County. This overview and conceptual study was provided to the City as a report. In summary,
the report recommended that it was feasible retake to water and sewer franchise back from the
County only if the City purchased the General Development Utilities, Inc. (GDU) Sebastian
Highlands water and sewer facilities for an amount of $2,000,000 with a contingency provision of
about $600,000 subject to negotiations, detailed inspections and other due diligence requirements.
When the City approached GDU relative to this matter they initially refused to discuss the sale of
the Sebastian Highlands facilities, and maintained that City inspections, testing, and so forth
would interrupt their operations. In addition, GDU stressed that their franchise was with the
County not the City. Later, during settlement negotiations for the Cities of North Port, Palm Bay
and Sebastian facilities, in which Mr. Rob McClary participated, a value of $2,250,000 was
recommended as a maximum for the Sebastian Highlands water and sewer facilities subject to
proper investigations. This offer was subsequently rejected by GDU. Then the City of North
Port arbitration hearing was held and GDU obtained an award of $16.5 million for that system.
After that award and prior to the next arbitration for the Port Malabar facilities, an offer to settle
both the Cities of Palm Bay and Sebastian facilities was given to the City of Palm Bay by GDU in
which they allocated a value for the Sebastian ITighlands facilities. The value for the Sebastian
Highlands facilities was not distinguished, yet believed to be between $2.5 and $3.0 million. This
offer from GDU was rejected by the City of Palm Bay since the price to settle the Palm Bay
portion was considered too high. As was the case with the City of North Port system, the City of
Palm Bay went through the arbitration process and the Court award for the Palm Bay system was
$31.9 million.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Joe Koford
July 7, 1994
Page 2
Our firm then recommended to the City that a detailed investigation of the GDU Sebastian
Highlands water and sewer system be conducted, and subsequently provided a cost quotation for
the work to the City. At that time, the City Administration felt that any probable purchase of the
GDU system would be within the $2.5 to $3.0 million range and that GDU would not reduce the
price below that no matter what. Therefore, the combination of the above and GDU's refusal for
detailed inspections resulted in a temporary compromise between both parties, where GDU
provided limited operational records and a one -day inspection of the Sebastian Highlands water
and sewer facilities.
The City designated Mr. Gerald C. Hartman to negotiate with Mr. Charles Fancher, President of
GDU. He did, and obtained W. Fancher's initials on a purchase price for the Sebastian Highlands
facilities of $2.75 million. Both were limited in authority, Mr. Fancher had to present the results
of the negotiations to the Board of Directors, and Mr. Hartman had to present the same to the
City Council and City Manager and the City had to conduct a Chapter 180.301 hearing. It should
be noted that the above was subject to detailed inspections and corrections of encumbrances
found by surveys, title work or environmental audits. Mr. Hartman, Mr. McClary and I met with
each council member to discuss the negotiations thoroughly and subsequently conducted a public
meeting regarding the same.
GDU then filed a rate case, in which they proposed approximately a 100 percent rate increase.
The purpose of this rate increase filing was to possibly increase the purchase price of the facilities,
based on the results of the rate case. The City hired Rachlin & Cohen to handle the rate case and
system inspections associated therewith. Rachlin & Cohen reported no significant deficiencies
and recommended a 95 percent rate increase. It is my understanding that once the GDU Board of
Directors learned of the Rachlin & Cohen report, they rejected the $2.75 million dollar figure.
As a result of the apparent stalled negotiations, the City Council appointed an acquisition task
force which included the Mayor, Acting City Manager, Finance Director, Utilities Director and
City Attorney. The purpose of this acquisition task force was to negotiate directly with GDU.
During this period, Hartman & Associates, Inc. were limited to on-call services as -needed and did
not participate in the discussions or contract preparation, which lead to the $3,625,000 value that
the City's acquisition task force negotiated with GDU. HAI was subsequently retained for the
Chapter 180.301 briefing document and engineers report for the bonds. During the preparation of
these documents, HAI recommended to the City numerous capital improvements, system
documentation studies and renewal and replacement (R&R) programs as documented in the files.
The City representatives rejected the programs to be bonded due to the rate impact. In addition,
HAI recommended that a water system expansion program with assessments be conducted to
expand the customer base to spread -out the costs to maintain lower rates. This also was delayed,
yet indicated that such a program would be forthcoming soon as a second phase. Furthermore, to
limit costs, the City engineering and administrative conducted reviews, training, transitional
W. Joe Koford
July 7, 1994
Page 3
activities, and budget preparation activities, including R & R capital outlay and operation and
maintenance (O & M) costs.
With regards to the maintenance and repair items that have been revealed, and the televising of
the GDU gravity sewer system, you should keep in mind that GDU only permitted HAI one (1)
site visit. This site visit was limited in nature and HAI was not permitted to physically test or
operate any of the equipment associated with the water and wastewater facilities. In addition,
without GDU's permission televising of the gravity sewer system could not be conducted.
Furthermore, during the conceptual phases of the acquisition HAI stressed to the City
administration of the importance of detailed site inspections based on our knowledge of GDU's
operations. Other than the initial inspection, I am not aware of whether or not the City was
permitted to inspect the Sebastian Highlands facilities during their negotiations with GDU, since
HAI was not involved with the negotiations. The purchase price was agreed upon based the
system analysis conducted by the City's acquisition task force, and not HAI. As noted above,
during the financing phase of this acquisition HAI recommended to the City that programs be
funded for unknown deficiencies. The City staff rejected these programs due to the rate impact
on the system customers.
I believe the record will show that the capital improvements and programs delineated by HAI
address Mr. Votapka's letter's point. The City's combined wishes to hold rates, not expand the
water system, and increase the purchase price from $2.75 million to $3.625 million have led to the
present situation.
I believe the above addresses I& Votapka's June 27, 1994 letter. If, however, you should have
any questions regarding this matter, please do not hesitate to call me.
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schmi t, Jr., P.E.
Vice President
HES/er/C-1 /Koford. hes
cc: Richard B. Votapka, P.E., City of Sebastian
Gary J. ReVoir, P.E., HAI
SAiNUEL A. BLOCK, P.A.
2127 Tenth Avenue
Vero Beach, Florida 32960
Telephone (407) 562-1600
Samuel A. Block
Attorney at Law
September 27, 1994
Clifton McCelland, Esquire
Post Office Box 2523
Melbourne, Florida 32902-2523
Re: Dedication of Barber Street Extension (formerly known as Stratton Avenue)
from Nelson Hyatt
City of Sebastian's File No. 90-6132
Dear Cliff:
Telefax
(407)562-1740
This letter is a follow-up to our telephone call this morning, September 27, relative to the Nelson
Hyatt dedication of Barber Street to the City of Sebastian. Mr. Hyatt's prior attorney, Fred Gallagher
(now deceased) handled this transaction for him. Recently, Mr. Hyatt delivered Mr. Gallagh&s file
to me. It appears that this process started in early 1992 and for some reason has yet to be concluded.
It is my understanding that Mr. Hyatt and the City of Sebastian are anxious to get this right-of-way
dedicated to the City.
In an effort to help you become familiar with the situation, I am providing you with copies of the
correspondence and documents concerning this matter. The following are enclosed:
1. City of Sebastian Ordinance No. 0-81-25-B and Ordinance No. 202-7 dated March
21, 1984. I would like to call your attention specifically to paragraph 2 which required a conveyance
of an 80 foot right-of-way. Amazingly, these Ordinances which approved the Mobile Home Planned
Unit Development of Mr. Hyatt were approved on March 21, 1984.
2. January 24, 1994, letter from Charles I. Nash, former attorney for the City of
Sebastian, to Daniel Eskis, City Engineer of Sebastian, outlining the requirements for the
conveyance.
Title Insurance Commitment in the amount of S 100,000.00 dated May 4, 1992.
Page 2
Clifton McCelland, Esquire
September 27, 1994
4. Warranty Deed between Villages of Lake Dolores, Inc., and Nelson C. Hyatt, as
grantor, to City of Sebastian, grantee, dated May 20, 1992. Please note attached legals and surveys
have since been updated.
5. Two Land Surveys and Legal Descriptions, one of which ig dated 2/8/94 and
the latest dated 8/18/94. I believe these surveys included the proposed easements set forth in
items 4 and 5 of Mr. Nash's January 24, 1994, letter. The Land Survey dated 8/18/94 includes
a legal description of Barber Street and a survey and legal descriptions for the easements
designated as Easements A and B. These were prepared by Hayhurst Land Surveying with the
survey dated 8/18/94 and the legal descriptions dated February 21, 1994. I believe this is the
latest survey containing the legal descriptions that are necessary for the conveyance.
6. Proposed Landscaping and Lawn Maintenance Agreement the author of
which is unknown. It appears that the City and Mr. Hyatt were agreeing that Hyatt would be
allowed to landscape and maintain the area which is situated in front of his mobile home park but
located in the right-of-way which is being conveyed.
While reviewing the contents of this file, I discovered that the property is encumbered by certain
mortgages which will need to be released. It appears an attempt was made to obtain partial
releases in 1992; however, the legal descriptions have changed since that time. As a result, new
partial releases will be necessary.
After you have had an opportunity to review the enclosures, please call me so that we discuss
what further steps need to be taken to bring this matter to a conclusion. I am looking forward to
working with you and will be pleased to cooperate with you in making whatever changes are
required.
Yours truly,
amuel A. Block
Encls.
cc: Nelson Hyatt
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
PRINCIPALS:
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A550CIATE.S:
Ms. Marilyn Swichkow
Rabcn J. Ori
William D. M..,
Finance Director
5,." C. Quinlan
Timothy A. Ho hull City of Sebastian
P.O. Box 780127
REC6cj�bgj1.jq,NQ119[3EPT ON
'93 OCT 21 FA 1145
Sebastian, Florida 32978-0127
.lam
Subject:
CI
Addendum to the Agreement to Prepare a Consulting Engineer's
the Issuance of Utility Revenue Bonds —f �116nqDear Ms. Swichkow:
Hartman & Associates, Inc. (HAI) is pleased to submit this addendum to our Letter of
Agreement to provide consulting services to the City of Sebastian, Florida (the "City") with
regard to performance of certain engineering and financial services as it relates to the City's
anticipated issuance of revenue bond indebtedness for the water and sewer utility system as
well as the development of rates and charges in support of the acquisition of the General
Development Utilities, Inc. utility system (GDU). Based on our discussions with the City with
respect to these issues, we propose the following:
Project Team
The following key personnel will be assigned to this component of the project:
Mr. Harold E. Schmidt, Jr., P.E. - Principal -In -Charge
Mr. Robert J. Ori, C.P.A. - Project Manager
Mr. Richard C. Copeland - Financial/Rate Analyst
Mr. Jack J. Burgiel - Financial/Rate Analyst
Ms. Christine C. Tomlinson - Assistant Rate Analyst
Ms. Carol Lauretta - Administrative SupporE
Mr. Ori will be the project manager for this portion of the engagement as it relates to the
development of utility rates and the preparation of a financial forecast of the Utility System.
Mr. Ori will be the primary contact person between the City and HAI relative to these issues.
Mr. Ori is uniquely qualified for this project, having been involved in over $500,000,000 of
utility bond financing projects and having conducted rate analyses for over 30 different public
systems in Florida.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 . FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Ms. Marilyn Swichkow
October 18, 1993
Page 2
Scope of Services
HAI will review all the necessary documents and prepare a report incorporating the results of
the engineering and financial analyses and projections for use by the City in i) the development
of rates which are adequate to meet the financial needs of the utility as well as ii) the
preparation of a financial forecast for an offering statement associated with the sale of utility
system revenue bonds. The anticipated scope of work for this project will include the
following tasks:
1. Data Acquisition and Review - detailed data regarding i) the most recent historical
operating results for both the existing City and GDU utility systems; ii) customer and
statistical data; iii) budgetary data for the current fiscal year; iv) debt service schedules
and financial documents relative to the anticipated and outstanding bonds (e.g. - Bond
Resolution); v) capital improvement and acquisition program of the City; and vi) other
related information will be acquired and reviewed.
2. Review and Documentation of the Customer Forecast - a five year projection of the
water and sewer customers, sales, production and treatment requirements, and an
analysis of the capacity utilization of the water and sewer system will be prepared.
3. Review and Documentation of Forecast of Operating Results - a five year projection of
revenues and expenses for the water and sewer system will be prepared consistent with
the flow of funds as defined in the Bond Resolution, information provided by others
(e.g. - debt service schedules, increases in operating costs as a result of capital
improvement program, etc.), and assumptions developed for such projections.
4. Design of Monthly Rates - based on the forecast of customers and sales and the revenue
requirements of the system, rates will be designed based on an allocation of costs for
the fiscal year ending September 30, 1994 in order to meet the anticipated operating
needs and Bond Resolution covenants of the utility system. A price indexing analysis
will also be conducted in order to meet the projected requirements of the system.
5. Design of Capacity Charges - based on the capital improvement program, existing
utility assets, and customer requirements of the facility, capacity charges or impact fees
will be designed to provide for the equitable recovery of costs from new users of the
system. Additionally, the debt service recovery or utilization percentage for the
payment of system indebtedness and debt coverage calculations will also be conducted.
6. Preparation of Rate Resolution - HAI will assist the City in the preparation of a rate
resolution to be presented and adopted by the City Council.
Ms. Marilyn Swichkow
October 18, 1993
Page 3
7. Preparation and Presentation of Rate Study - a rate study will be prepared in order to
present the assumptions used and results of our analyses to the City Council for
consideration. HAI will attend one (1) public hearing relative to the presentation of the
rate study for the Council's consideration.
8. Preparation of Financial Feasibility Analysis for Engineer's Report - a project
feasibility analysis will be prepared and will accompany the report prepared which will
be included in the offering statement for the issuance of utility system revenue bonds.
The report will detail the results, assumptions, and conclusions of our analyses. It is
envisioned that the rate study report mentioned above will serve as the primary basis
for the project feasibility portion of the Consulting Engineer's Report.
9. Document Review - a review of the necessary documents associated with the issuance
of the indebtedness (i.e., bond resolution, preparation of the Official Statement, bond
purchase agreement, etc.) will be performed in order to present the financial results
included in the Consulting Engineer's Report on a basis consistent with such
documents.
10. Preparation of Closing Certificate - as part of the Bond Closing activities, a certificate
will be prepared in accordance with the requirements of the sale and Bond Purchase
Agreement.
11. Financial Client Meetings - included are two (2) meetings with the City to acquire data
for the project and to review the results of the project prior to finalization of the
project.
Schedule
Following the notice to proceed, HAI will complete the preparation of the rate study and
Consulting Engineer's Report services within a period necessary to meet the closing of the
utility revenue bonds by November 29, 1993.
HAI Compensation
Based on the work described above, we propose to establish an addendum to the existing
5 contract to erform the Consulting Engineer's Report at an additional maximum billing
reshol $25,000. his will result in a total maximum illin r the preparation of
the Cons eer's Report and the rate study to b $36,284.80. other contractual
aspects of the Agreement between the City and HAI ave to oject will remain in
effect as orieinally agreed. '117
/// 2-<qq ,� D A lel 1/'3
Ms. Marilyn Swichkow
October 18, 1993
Page 4
If this addendum to our Letter of Agreement to prepare the Engineer's Report for the issuance
of utility revenue bonds is acceptable to the City, please execute this Addendum and return one
(1) copy at your earliest convenience. The other copy is for the City's files. We appreciate
the opportunity and look forward to working with the City on this project.
Witness
Witness
Witness
HES/cl/P-2/Swichkow.r o
cc: R. J. Ori, MBA, CPA, HAI
Very truly yours,
Hartman & Associates, Inc.
arold E. midi, Jr.; .E.
President
City of Sebastian, Florida
Authorized Signature
Title
JD.Ec
Date
HARTMAN & ASSOCIATES, INC.
rn eers, hydrogeologists, surveytS. f�aoa emeut consultants
$� $
REVD: -8Y FINANCE D�rl /
193 OCT 13
Ms. Marylin Swichkow
Finance Director
City of Sebastian
1225 Main Street
Post Office Box 780127
Sebastian, Florida 32978-0127
Pt_tgl�e>r3111, 1993
92-023
.06
Subject: Engineer's Report for Water and Sewer System Revenue Bonds
Dear Ms. Swichkow:
I have spoken with Richard Votopka, P.E., regarding the preparation of the Engineer's Report
for the Water and Sewer Revenue Bonds relative to the acquisition of the General
Development Utilities, Inc. (GDU) Sebastian Highlands water and sewer system. Aartman &
Associates, Inc. (HAI) is pleased to submit this Letter of Agreement to provide consulting
services to the City of Sebastian, Florida (the "City") with regard to performance of certain
engineering services as it relates to the City's anticipated issuance of revenue bond
indebtedness for the purchase of the Sebastian Highlands GDU water and sewer system. Based
on our discussions with the City with respect to the utility revenue bond issue, we propose the
following:
Scope of Services
HAI will review all the necessary documents and prepare a report incorporating the results of
the engineering analyses and projections for use by the City in the preparation of an offering
statement associated with the sale of utility system revenue bonds. The anticipated scope of
work for this project will include the following tasks:
1. Data Acquisition and Review - detailed data regarding i) the most recent historical
operating results of the GDU Sebastian Highlands water and wastewater systems; ii)
customer and statistical data; iii) permitting and regulatory issues; and iv) other related
information regarding the utility will be acquired and reviewed.
2. Description of the GDU Sebastian Highlands water and wastewater systems and system
operations. The description of the system includes the wastewater collection and
transmission, treatment and effluent disposal facilities; the water supply, treatment,
storage and distribution facilities; permitting and regulatory issues; and condition of the
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
JACKSONVILLE
TALLAHASSEE
PRINCIPALS: JAMES E. CHRISrOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK 1. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Ms. Marylin Swichkow
October 11, 1993
Page 2
system. The system operations includes a description of the anticipated operations and
management of the water and wastewater systems.
3. Description of the projects and projected Capital Improvement Program to be funded
under this bond program.
4. Review and Documentation of the Customer Forecast - a five year projection of the
water and sewer customers, and treatment requirements will be prepared.
5. Preparation of Engineer's Report - a report will be prepared to be included in the
offering statement which will detail the results, assumptions, and conclusions of our
analyses.
6. Document Review - a review of all necessary documents associated with the issuance of
the indebtedness (i.e., bond resolution, preparation of the Official Statement, bond
purchase agreement, etc.) will be performed in order to present the results of the
engineer's report on a basis consistent with such documents.
7. Preparation of Closing Certificate - as part of the Bond Closing activities, a certificate
will be prepared in accordance with the requirements of the sale and Bond Purchase
Agreement.
8. Client Meetings - included are two (2) meetings with the City to acquire data for the
project, review finance package (i.e., Official Statement, Engineers Report, Finance
Report, etc.) and to review the results of the project prior to finalization of the project.
Schedule
Following the notice to proceed, HAI will complete the preparation of the draft engineer's
report services within a period of 30 days and a final engineer's report 15 days after receipt of
comments from the acquisition team.
HAI Compensation
Based on the work described above, we propose to establish a contract with the City at a
maximum billing threshold $11,284.80, as outlined in Attachment "A". The fees would
include the cost of labor and other direct costs (non -labor) such as transportation and delivery
charges. Reimbursables or other direct charges will be billed to the City based on actual costs.
HAI will bill monthly for services associated with the project. The charges for labor costs will
be billed in accordance with the Hourly Rate Schedule reflected on Attachment "B" which is
made a part of this Letter of Agreement. Also included as Attachment "C" and which is part
of this Letter of Agreement is HAI's Standard Terms and Conditions.
Ms. Marylin Swichkow
October 11, 1993
Page 3
No additional services will be performed by HAI without the approval of the City and as
agreed to by HAI. Based on our discussions with the City, we do not anticipate any additional
services will be required for this project.
If this Letter of Agreement is acceptable to the City, please execute this Agreement and return
one (1) copy at your earliest convenience. The other copy is for the City's files. We
appreciate the opportunity and look forward to working with the City on this project.
Qi6tjdtce
Witness
Witness
Witness
GCH/dn
P2/Swichkow.gch
Attachment
Very truly yours,
Hartman & Associates, Inc.
�i�/
�JA I
i� i
.. E. Syfimidt,
Vice Presid6aL—�'
City of Sebastian, Florida
Authorized Signature
Title
Date
1 P 1!�,JC� C.J I � f� rM
C�,,rttN T� N -DH, (st I
",(.C7
ATTACHMENT "A"
ESTIMATED PROJECT COSTS
Task Description
Project Manager
Hours Cost
Engineer
Hours Cost
Engineer
Hours
1. Data Acquisition and Review
2
$212.00
4
$184.96
0-
2. Description of System/Operations
2
$212.00
4
$184.96
0
3. Description of CIP
2
$212.00
4
$184.96
0
4. Review/documentation of Customer Forecasts
4
$424.00
0
$0.00
0
5. Review/documentation of Operating Results
2
$212.00
0
$0.00
0
6. Preparation of Engineer's Report
12
$1,272.00
24
$1,109.76
24
7. Document Review
6
$636.00
16
$739.84
0
8. Preparation of Closing Certificate
4
$424.00
O
$0.00
0
9. Client Meetings
16
$1,696.00
0
$0.00
O
Subtotal
50
$5,300.00 1
40
$1,849.60
24
Direct Costs (copies, travel, etc.)
Total Project Cost
HES/dn/
EXCEL -1 /93023/xis
HAI#92-023.06
"ATTACHMENT B"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($1HRI
EFFECTIVE 711193
S. C. Quinlan
tngmeer vi, r.c.
-- --
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
G. C. Hartman
al, P. E.
Principal,
p
$106.00
�`���
Principal,
Project Manager, P.E.
5106.00
's
H. E. Schmidt
Mew .�....
""""�"��'
J. E. Christopher
Principal,
Project Manager, P.E.
S106.00
µ:ms
Engineer V, P.E.
552.34
:.. x�.
���;<,
Hydrogeologist IV, P.G.
x
C. W. Drake
Principal,
Project Manager, P.G.
S91.09
C. M. Bliss
Engineer V
551.60p
'`.&%nki��"cicxan4Cda1roL^¢e'h'm,w2
"
Principal,
Project Manager, P.E.
S91.09
S50.35
'
Princi al
Frniect Manaoer, P.L.S.
591.09
------
S. C. Quinlan
tngmeer vi, r.c.
-- --
�
W. B. Lafrenz
Hydrogeologist VI, P.G.
559.88
M.M. Atawi
En ineer VI, P.E.
9
557.32
G.J. Revoir
Engineer V, P.E.
S53.66
A. T. Woodcock
Engineer V, P.E.
552.34
:.. x�.
D. P. Dufresne
Hydrogeologist IV, P.G.
�.M
552.24
C. M. Bliss
Engineer V
551.60p
'`.&%nki��"cicxan4Cda1roL^¢e'h'm,w2
R. K. Cashe
Engineer V, P.E.
S50.35
T. J. Sievers
Hydrogeologist IV
550.32
J. J. Burgiel
Senior Rate Analyst
549.05
C. L. Harrouff
Administrative Assistant
549.03
R. C. Copeland
Senior Rate Analyst, MBA
547.78
__En ineerlV
S46.24
at-excel/Hrlyrate/2-65Spc. Sch
G.R. Crawford
I
Immum
F.A. Brinson
fflm�mm�
S. G. Neurner
Ellm-MI'm
R. H. Nelson
M. J. Hudkins
ME 11�
W. Wasson
NZ��
C. M. Gaylord
�'m�
T. A. Calzaret
Effim
L.W. Mitchell
D. Jiskoot
Fes'
lml
K. R. Uebknecht
S.M. Fensterer
E�110�
J.A. Manning
E�Elm
J. Warner
J.A. I
ME
A. R.
L. M.
ave xcel /H r[yrate/2-6 5 S pc . Sch
IV
OWN=
am=
IV, P.L.S.
III
Engineering Technician III
Engineering Technician 111 .."4
'g'g 5
No
Engineer III
Senior Word Processor
Engineering Technician III
Engineer III
Engineering Technician III
Survey Crew Chief/Survey Technician II
Survey Crew Chief/Survey Technician II
Engineer III
r-nninppemn Technician 11
Word Processor
$41.74
k1m
$37.37
$37.37
exu
$35.25
$34.98
$34.05
$32.20
ME
$31.80
m
$31-80
M-91
$31.80
-ATTACHMENT B"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1193
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
Engineer IV
$46.12
A. T. Gawad
0
$44.39
K. Wulff
Den 11
Engineering sig
G.R. Crawford
I
Immum
F.A. Brinson
fflm�mm�
S. G. Neurner
Ellm-MI'm
R. H. Nelson
M. J. Hudkins
ME 11�
W. Wasson
NZ��
C. M. Gaylord
�'m�
T. A. Calzaret
Effim
L.W. Mitchell
D. Jiskoot
Fes'
lml
K. R. Uebknecht
S.M. Fensterer
E�110�
J.A. Manning
E�Elm
J. Warner
J.A. I
ME
A. R.
L. M.
ave xcel /H r[yrate/2-6 5 S pc . Sch
IV
OWN=
am=
IV, P.L.S.
III
Engineering Technician III
Engineering Technician 111 .."4
'g'g 5
No
Engineer III
Senior Word Processor
Engineering Technician III
Engineer III
Engineering Technician III
Survey Crew Chief/Survey Technician II
Survey Crew Chief/Survey Technician II
Engineer III
r-nninppemn Technician 11
Word Processor
$41.74
k1m
$37.37
$37.37
exu
$35.25
$34.98
$34.05
$32.20
ME
$31.80
m
$31-80
M-91
$31.80
at -e x cel /Hrlyrate /2-6 5 S p c. Sch
"ATTACHMENT B"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE I$/HRI
EFFECTIVE 7/1/93
HOURLY
CLASSIFICATION
RATE
EMPLOYEE
Hydro Technician 1
$27.83
F. Gidusx
r4 <Ya;'•;{. ',
,: ^ u.; r�+* >�>` '°�' 7'yro3,,.q
u�awi&a
527.30
Assistant Rate Analyst
C. C. Tomlinson
�.
Survey Technician II
$27.16
P. Williamson
526.63
C.A. Lauretta
Word Processor
..
$26.50
Word Processor/Receptionist
522.53
•Y
T.N. Benedico
5 �� . �,
` �
$21.20
D. Noble
Word Processor MM M6
S.D. Clatchey
Survey Technician I
521.20
s ye
Survey Technician I
$20.54
L.E. Bennett
�a
Reproduction/Courier Support
$20.14
M. Taylor
I.
Reproduction/Courier Support
$19.88r
S. Simon
S. C. Cobert
Engineer /
$19.08
:...'.
$18.55
517.36
C. Cuevas
Secretarial Support
V
B.D. Marshall
Engineering Technician I �.
$15.90
��•�
Reproduction/Courier Support
$15.90
E. Cuevas
at -e x cel /Hrlyrate /2-6 5 S p c. Sch
Attachment "C"
HARTMAN & ASSOCIATES, INC.
STANDARD TERMS AND CONDITIONS
I. SCOPE
Hartman & Associates, Inc. (HAI) agrees to
perform the engineering services described
in the proposal or agreement that
incorporates these standard terms and
conditions. Unless modified in writing by
the parties hereto, the duties of HAI shall
not be construed to exceed those services
specifically set forth in the proposal or
agreement.
H. COMPENSATION
Client agrees to pay for the services in
Article I in accordance with the
compensation provisions in the proposal or
agreement. Payment to HAI will be made
in accordance with Florida's Prompt
Payment Act.
Time -related charges will be made in
accordance with the billing rate referenced
in the proposal or agreement. Direct
expenses and subcontractor services will be
billed at cost.
III. RESPONSIBILITY
HAI is employed to render a professional
service only, and any payments made by
Client are compensation solely for such
services rendered and recommendations
made in carrying out the work. HAI shall
follow the practice of the engineering
profession to make findings, provide
opinions, make factual presentations, and
provide professional advice and
recommendations.
GCH/dn
P2/Swichkow. AtC 1
In performing construction management
services, HAI shall act as agent of Client.
HAI's review or supervision of work
prepared or performed by other individuals
or firms employed by Client shall not
relieve those individuals or firms of
complete responsibility for the adequacy of
their work.
It is understood that any resident
engineering or inspection provided by HAI
is for the purpose of determining
compliance with the technical provisions of
the project specifications and does not
constitute any form of guarantee or
insurance with respect to the performance of
a contractor. HAI does not assume
responsibility for methods or appliances
used by a contractor, for the safety of
construction work, or for compliance by
contractors with laws and regulations.
IV. INDEMNIFICATION
HAI agrees to indemnity, defend, and hold
Client harmless from and against any
liability arising out of the negligent errors or
negligent omissions of HAI, its agents,
employees, or representatives, in the
performance of duties under the Agreement.
V. INSURANCE
HAI shall maintain during the life of the
Agreement the following minimum
insurance:
1. Comprehensive general liability
HARTMAN & ASSOCIATES, INC.
!;TAN1lARD TERMS AND CONDITIONS
insurance, including personal injury
liability, blanket contractual liability,
and broad form property damage
liability. The combined single limit
for bodily injury and property
damage shall be not less than
$1,000,000.
2. Automobile bodily injury and
property damage liability insurance
covering owned, non -owned, rented,
and hired cars. The combined single
limit for bodily injury and property
damage shall be not less than
$1,000,000.
3. Statutory worker's compensation and
employers' liability insurance as
required by state law.
4. Professional liability insurance.
VI. ASSIGNMENT
These terms and conditions and the
agreement to which they are attached are
binding on the heirs, successors, and assigns
of the parties hereto. This agreement may
not be assigned by Client or HAI without
prior, written consent of the other.
VII. INTEGRATION
These terms and conditions and the
agreement to which they are attached
represent the entire understanding of Client
and HAI as to those matters contained
herein. No prior oral or written
understanding shall be of any force or effect
with respect to those matters covered herein.
The agreement may not be modified or
altered except in writing signed by both
GCH/DN
P2/Swichkow. AtC
parties.
-2-
VIII. JURISDICTION
This agreement shall be administered and
interpreted under the laws of the State of
Florida. Jurisdiction of litigation arising
from the agreement shall be in that state. If
any part of the agreement is found to be in
conflict with applicable laws, such part shall
be inoperative, null and void insofar as it is
in conflict with said laws, but the remainder
of the agreement shall be in full force and
effect.
IX. SUSPENSION OF WORK
Client may suspend, in writing, all or a
portion of the work under the agreement in
the event unforeseen circumstances beyond
Client's control make normal progress of
the work impossible. HAI may request that
the work be suspended by notifying Client,
in writing, of circumstances that are
interfering with the normal progress of
work. HAI may suspend work on the
project in the event Client does not pay
invoices when due. The time for
completion of the work shall be extended by
the number of days work is suspended. In
the event that the period of suspension
exceeds 90 days, the terms of the agreement
are subject to renegotiation and both parties
are granted the option to terminate work on
the suspended portion of the project, in
accordance with Article VIII.
X. TERMINATION OF WORK
Client may terminate all or a portion of the
work covered by the agreement for its
convenience. Either party may terminate
IIARTMAN & ASSOCIATES, INC.
cTANDARD TERMS AND CONDITIONS
work if the other party fails to perform in
accordance with the provisions of the
agreement. Termination of the agreement is
accomplished by 15 days prior written
notice from the party initiating termination
to the other. Notice of termination shall be
delivered by certified mail with receipt for
delivery returned to the sender.
In the event of termination, HAI shall
perform such additional work as is
necessary for the orderly filing of
documents and closing of the project. The
time spent on such additional work shall not
exceed 10 percent of the time expended on
the terminated portion of the project prior to
the effective date of termination. HAI shall
be compensated for work actually performed
prior to the effective date of termination
plus the work required for filing and closing
as described in this Article.
XI. —A IBURATION
All clai2ba
isputes an er matters in
questiontween the p to this
Agreemeising out of or relaU to this
oAgreemethe breach thereof, hich are
not dispby mutual agree t of the
parties, be decided by bitration in
accordanwith the F da Arbitration
Code. arbitrati arising out of or
relating is A ment shall include any
person np y to this Agreement except
by writonsent containing a specific
referencethis Agreement and signed by
the partereto and persons to be joined.
This ament to arbitrate shall be
specificunder prevailing
arbitratiw.
Notice of demand for arbkation shall be
filed in writing wi a other parties to this
Agreement. The de d shall be made
within a reasonable time after the claim,
dispute or other matter in question has
arisen, but in no even ter the date when
the institution of legal or equitable
Ile proceedings wo be barred by the
applicable statu of limitations. The award
rendered by a arbitrators shall be final and
judgment yday be entered in accordance with
applicab law in any court having
GCH/DN
P2/Swichkow.AtC -3-
HARTMAN & ASSOCIATES, INC,
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993 HAI #92-023.10
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Park Place Interconnection to General Development Utilities, Inc. (GDU)
Wastewater System at the Pelican Island Elementary School
Dear Mr. Votapka:
This letter constitutes Hartman & Associates, Inc.'s (HAI's) engineering proposal to design,
permit, inspect, certify and prepare record drawings for the installation of a 6 -inch DR 25
PVC force main from the existing Park Place lift station to the 8 -inch force main on Shulman
Drive near the Pelican Island Elementary School. The force main would be located on the
north side of Straton Avenue and Barber Street, and to the east side of Shulman Avenue. This
force main project will be approximately 5,500 feet long and will necessitate the replacement
of the pumps in the present Park Place pumping station. The improvement will provide for
the intertie and conveyance of wastewater from Palm Lake Club, Park Place and other flows
from the system in the general vicinity of the force main in the future.
The engineering costs for this project are as follows:
1. Field surveys - $5,000.
2. Final design drawings and specifications - $8,800.
3. Florida Department of Environmental Regulation (FDER) permit application .fee -
$500.
4. Permit preparation - $250.
5. Two (2) days of field inspection and testing with follow-up reports to the City -
$1,000.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK L LUKE • MARK A. RYNNfNG • HAROLD E. SCHMIDT, JR.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
6. Project certification and record drawings with proper submittals to FDER and
reproducible drawings provided to the City of Sebastian. HAI will provide
reproducible mylars of our work and the originals of our specifications to the City of
Sebastian on this project. - $710.
Total Engineering Fee - $16,260
The construction cost estimate for this project includes the following elements:
1. Pump and motor replacement with panel work and associated appurtenances, and
revision of controls - $14,100.
2. Tie-ins at Park Place, existing lift station and elementary school - $3,000.
3. Open -cut of ten (10) streets - $8,980.
4. Restoration - $2,000.
5. Two (2) 6 -inch plug valves - $2,100.
6. Specials and fittings - $3,380.
7. 5,500 linear feet of 6 -inch DR 25 PVC force main - $49,310.
Subtotal Construction Cost - $82,870
Contingency at 10% - 8,287
Total Construction Cost - $91,157
The schedule for this assignment will include one (1) month for design, one (1) month for
permitting, and four (4) months for construction.
The hourly rates and other direct costs shall be as delineated in our present contracts with the
City of Sebastian.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 3
If the above is acceptable to the City of Sebastian, please execute one (1) copy of this proposal
and return it to our offices.
Very truly yours,
TY
artman & Associates,
Witness
Witness
Witness
GCH/ch
PIO/Votapka4.gch
:rald C. Hartman, P.E.
esident
City of Sebastian, Florida
Authorized Signature
Date
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
March 10, 1994
Mr. Hal Schmidt, Vice President
Hartman & Associates, Inc.
201 East Pine Street, Suite 1000
Orlando, FL 32801
Re: St. Johns River Water Management District Consumptive Use
Permit for the Sebastian Highlands Water Treatment Plant
on Filbert Street, Sebastian, Florida
Dear Hal:
This is just a reminder that I need an engineering proposal
from you as soon as possible for St. Johns River Water Management
District (SJRWMD) Consumptive Use Permit for the Sebastian
Highlands water treatment system. The permit, as you know, expires
on June 30, 1994. Therefore, I will have to have to have a
proposal soon to place it on the City Council agenda.
Sincerely,
i� Vera -
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
City of Sebastian
1225 MAIN STREET c3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
March 4, 1994
Mr. Hal Schmidt, Vice President
Hartman & Associates, Inc.
201 East Pine Street, Suite 1000
Orlando, FL 32801
Re: Interconnection of Sebastian Lakes Condominiums
Development with the City's Sebastian Highlands
Wastewater System
Dear Hal:
This is just a reminder that I need an engineering proposal
from you as soon as possible for the design of a sewage force main
and lift station renovation for connecting Sebastian Lakes with the
Sebastian Highlands wastewater system. The City Council approved
the Sebastian Lakes Water and Wastewater Service and Contribution
Agreement on February 9, 1994, which mandates the City in starting
construction of the force main at the end of two years. In order
to place your proposal on the next available Council agenda, which
is March 23rd, I need it by March 14 to discuss it with Mr. Joel
Koford, our new City Manager.
Sincerely,
i;i?1-14 /
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
March 14, 1994 HAI #92-023.13
fJ `1 )-1
Sc,bta�ri., 4.�Tn.r.,wr.
James E. Christophe[ PE.
Charles W. Onkc. PC,.
Genal C. HTmcn. P Y.
Mark 1. Luke. PTS_
Ma,k A. Rynninp. RE.
Harold P.. 4hmidt, ft, P.E.
ASSOCIATES:
Rohe. J. Ori. M.R.A.
William D. Musser. P.E.
Scon C.Y.E.
T nunhy A. Hochuli.uinlan, Y.E..
Subject: Sebastian Lakes Wastewater Treatment Plant - Interconnection to
Wastewater System
Dear Mr. Votapka:
This letter constitutes Hartman & Associates Inc.'s (HAI) engineering proposal to design,
permit, inspect, certify and prepare record drawings for the installation of approximately
13,000 linear feet of sewage force main from the existing lift station located at the Sebastian
Ickes Wastewater Treatment Plant site to the 8 -inch force main on Schumann Drive.
The project consists of approximately 5,400 feet of 4 -inch; 1,250 feet of 6 -inch; and 6,350
feet of 8 -inch diameter force mains. The proposed route of the force main from the Sebastian
Lakes Wastewater Treatment Plant is east from the site to Laconia Street. At Laconia Street
the 4 -inch force main will proceed south to Rose Bush Terrace where it will proceed east until
Barber Street. At Barber Street the 4 -inch diameter force main will increase to a 6 -inch force
main and proceed south to Englar Drive. At Englar Drive the force main will increase in size
to an 8 -inch diameter line and proceed east to Barber Street. The project includes eleven (11)
road crossings, two (2) jack and bores, and one (1) bridge crossing.
In addition, the project will require the refurbishment of the existing Sebastian Lakes pumping
station (e.g., pumps, controls, electrical, etc.). The overall improvements will provide for the
interconnection and conveyance of wastewater from the Sebastian Lakes area and other flows
from the system in the general vicinity of the force main in the future. Furthermore, the
project is required to be constructed in accordance with the water and wastewater service and
contribution agreement between the City of Sebastian and Sebastian Lakes Associates.
The engineering costs for this project are as follows:
1. Field Surveys - $5,750.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
March, 14, 1994
page two
2. Final design drawings and specifications for the lift station modifications and force
main, and shop drawing review - $16,200.
3. Two (2) days of field inspection and testing with follow-up reports to the City -
$1,000.
4. Project certification and record drawings with proper submittals to Florida Department
of Environmental Regulation (FDER) and reproducible drawings providing to the City
of Sebastian. HAI will provide reproducible mylars of our work and the originals of
our specifications to the City of Sebastian on this project. - $750.
Total Engineering Fee: $23,700
The schedule for this assignment will include two (2) months for design; one (1) month for
permitting; two (2) months for bidding and approval; and six (6) months for construction. In
addition, our General Provisions for design, bidding and construction services are provided in
Attachment "A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary J. Revoir, II, P.E., and Mr. Stephen J. Rapp for the duration of the
project. As with all our projects with the City, we are committed to providing a quality and
cost-effective project.
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Very truly yours,
Hartman & Associates Inc.
Harold E. Schmidt, Jr., P.E.
Vice President
Accepted by:
Date:
Attachment:
HES/es/pl/votapka.hm
ATTACHMENT 'A'
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated March 14, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's professional engineering
representative for the Project, providing professional
engineering consultation and advice and furnishing
customary civil, structural, mechanical and electrical
engineering services and customary architectural
services incidental thereto.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and character of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of the types described in the first
subparagraph of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
HES/cs/pl/volapka2.scp -1-
After written authorization to proceed with the Final
Design Phase, ENGINEER shall:
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be famished and performed
by Contractor(s) (hereinafter called "Drawings") and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.3.2. Provide technical criteria, written
descriptions and design data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation of other related
documents.
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After written authorization to proceed with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conferences and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)') for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consult with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
services.
1.5. Construction Phase.
During the Construction Phase:
1.5.1. General Administration of Construction
Contract. The OWNER has the right to approve
which of the ENGINEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent and
limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2. Visits to Site and Observation of
Construction. The City shall provide all
construction site inspection services
HES/cs/pl/votapka2.scp -2-
associated with this project. The
ENGINEER shall provide these services at
the request of the OWNER.
1.5.3. Defective Work During such visits and on
the basis of such observations, OWNER may
disapprove of or reject Contractor(s)' work while it
is in progress if OWNER and ENGINEER believes
that such work will not produce a completed Project
that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design
concept of the Project as reflected in the Contract
Documents.
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special inspection or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordinances, codes, orders or the
Contract Documents (but only to determine
generally that their content complies with the
requirements of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER's on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of such work is generally
in accordance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for in the
Contract Documents and to any other
qualifications stated in the
recommendation). In the case of unit price
work, ENGINEER's recommendations of
payment will include final determinations
of quantities and classifications of such
work (subject to any subsequent
adjustments allowed by the Contract
Documents).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be deemed to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it is
furnished and performed beyond the
responsibilities specifically assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to supervise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety precautions or programs incident
thereto or Contractor(s) compliance with
laws, rules, regulations, ordinances, codes
or orders applicable to their furnishing and
performing the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
HES/cs/pl/votapka2.scp -3-
for what purposes any Contractor has used
the moneys paid on account of the Contract
Price, or to determine that title to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claims, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should be paid.
1.5.9. Contractor(s)'Completion Documents.
ENGINEER shall receive and review maintenance
and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and
approvals which are to be assembled by
Contractor(s) in accordance with the Contract
Documents (but such review will only be to
determine that their content complies with the
requirements of, and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
comments.
1.5.10. Inspections. ENGINEER shall conduct an
inspection to determine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER
may recommend, in writing, final payment to
Contractor(s) and may give written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommendation and notice
will be subject to the limitations expressed in
paragraph 1.5.9.2.
1.5.11. Limitation of responsibilities. ENGINEER
shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s)' or subcontractor's or
supplier's agents or employees or any other persons
(except ENGINEER's own employees and agents) at
the site or otherwise famishing or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 through 1.5.1 1, inclusive, shall
be construed to release ENGINEER from liability
for failure to properly perform duties and
responsibilities assumed by ENGINEER in the
Contract Documents.
SECTION 2 - ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service in respect of the following
categories of work which are usually referred to as
Additional Services.
2.1.1. If OWNER wishes ENGINEER to
perform any of the following Additional
Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services and will be paid therefor as
provided in the Letter Agreement:
-Preparation of applications and supporting
documents for governmental financial
support of the Project in addition to those
required under Basic Services; preparation
or review of environmental studies and
related services; and assistance in obtaining
environmental approvals.
-Services to make measured drawings of or
to investigate existing conditions or
facilities.
-Services resulting from significant changes
in the general scope, extent or character of
the Project or major changes in
documentation previously accepted by
OWNER where changes are due to causes
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing documents for alternate bids
requested by OWNER for work which is
not executed or for out -of -sequence work.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rate
schedules, earnings and expense statements,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Furnishing the services of
independent professional associates or
consultants for other than Basic Services.
-If ENGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, services resulting from the
award of more than one prime contract for
construction, materials, equipment or
services for the Project, or from the
construction contract containing cost plus
or incentive -savings provisions for
Contractor's basic compensation, or from
arranging for performance by persons other
than the principal prime contractors or from
administering OWNER's contracts for such
services.
HES/cs/p1/votapka2.scp -4-
-Services in connection with field surveys
for design purposes and engineering
surveys and staking out the work of
Contractor(s).
-Construction site inspection services while
work is in progress.
-Services during out -0f --town travel other
than visits to the site.
-Preparation of operating and maintenance
manuals.
-Preparing to serve or serving as a
consultant or witness in any litigation,
arbitration or other legal or administrative
proceeding except where required as part of
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the
additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3 - OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property-
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of site and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4 - MEANING OF TERMS
4.1. As used herein the term "this Agreement"
refers to the Letter Agreement to which these
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as "Construction Cost") means
the total cost to OWNER of those portions of the
entire Project designed and specified by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest
and financing charges incurred in connection with
the Project or the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [Construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
HES/cs/pl/votapka2.scp -5-
telephone calls and telegrams; reproduction of
reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in
addition to those required under Section 1; and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of
labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OWNER.
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Baric Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table"
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.3.1.3. Reimbursable Expenses. In
addition to the payments provided for in paragraphs
5.3.1.1. and 5.3.1.2, OWNER shall pay
ENGINEER the actual costs (except where
specifically provided otherwise) of all Reimbursable
Expenses incurred in connection with all Basic
Services and Additional Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage, subject to the
limitations contained in Chapter 112, Florida
Statutes.
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement
therefor, ENGINEER may, after giving seven day's
written notice to OWNER, suspend services under
this Agreement until ENGINEER has been paid in
M all amounts due for services, expenses and
charges.
5.4. Termination.
HES/cs/p1/votapka2.scp -6-
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this
Agreement.
5.6.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any rights or benefits in this
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
ply.
HES/cs/p1/votapka2.scp -7-
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE WHIR)
EFFECTIVE 7/1/93
M. A. Rynning
Principal, Project Manager, P.E. $92.83
$58.40
r kion off.
HOURLY
...
M. I. Luke
EMPLOYEE
CLASSIFICATION
RATE
$54.68
R.J. Ori
Financial Manager, CPA, MBA $85.67
G.
C.
Hartman.
Principal, P. E.
$108.00
Engineer VIII, P.E.y��$70.09
a.:ROQes".
O T�: »Yi'+ x°i b`
K-111,
' R -1 �' �'A.x]x.. vssaa '3 ^',5%, aac i�l,°G°4e� 'o-ykF x r>,e
W.D. Musser
Engineer VIII, P.E. $70.09
H.
E.
Schmid*.
Principal, Project Manage P E.
$108.00
J.
E.
Christopher
Principal, Project Nlanager, P.E.
.4 ............ . ..:....::.:, ;
$108.00
$51.30
T. J. Sievers
C.
W.
Drake
Principal, Project Manager P G
$92.83
J. J. Burgiei
Senior Rate Anaiyst
$49.98
C. L. Harroufr
Administrative Assistant
M. A. Rynning
Principal, Project Manager, P.E. $92.83
$58.40
r kion off.
a"'�:.k°W��,^N Miegyeoo: ti:Aoki}yxFb`..x�'L:"4�R.'4'Fk%yi}�'b�Fexi:: :.i6: is �
...
M. I. Luke
Principal, Project Manager, P.L.S. $92.83
G.J. Revoir
Engineer V, P.E.
$54.68
R.J. Ori
Financial Manager, CPA, MBA $85.67
A. T. Woodcocl,
Engineer V, P.L.
$53.33
...,
J.W. Vogt
Engineer VIII, P.E.y��$70.09
a.:ROQes".
O T�: »Yi'+ x°i b`
K-111,
' R -1 �' �'A.x]x.. vssaa '3 ^',5%, aac i�l,°G°4e� 'o-ykF x r>,e
W.D. Musser
Engineer VIII, P.E. $70.09
>
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Engineer VIII, P.E. $70.09
S. C.
W. B. Lafrenz
VI, P.E.
M. Alawi
Engineer VII, P.E.
$58.40
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Engineer V, P.E.
$54.68
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A. T. Woodcocl,
Engineer V, P.L.
$53.33
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D. P. Dufresne
Hydrogeologist V, P.G.
$53.22
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R. K. Cashe
Engineer V, P.E.
$51.30
T. J. Sievers
Hydroneclogist IV
$51.27
J. J. Burgiei
Senior Rate Anaiyst
$49.98
C. L. Harroufr
Administrative Assistant
$49.95
R. C. Copeland
Senior Rate Analyst, rvIBA
$48.68
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Engineer IV
$47.12
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Updated 1/4/94
EMPLOYEE
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
HOURLY
CLASSIFICATION RATE
M. J. Hudkins
W. Wasson
III 538.07
Technician III $38.07
Technician III $35.91
III $35.69
C. M. Gaylord
Senior Word Processor $35:i.64
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engineering Technician III$34.70
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K. R. Uelaknecht
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Survey Crew Chief/Survey Technician II $32.81
J.A. Manning
Engineer II $32.40
J Warne:
Engineering Technician li$32.40
J.A. Epaves
Engineering Technician II $32.40
E. Jenkins
Survey Technician li $32.40
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avexcel/Hrlyrate/2-7 EAA.S ch
Updated 1/4/94
EMPLOYEE
J.A. Baker
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
CLASSIFICATION
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Word Processor
<' 3 SAYdtYa
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Hydro Technician II
Assistant Rate Analyst
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HOURLY
RATE
$31.32
.......................
$29.97
$29.16
$28.35
$27.81
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S. Simon Reproduction/Courier Support $20.25
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T.A. Eggerton Secretarial Support $18.90
C. Cuevas Secretarial Support $17.69
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at•exce1/Hdyrate/2-7ExhA.Sch
Updated 1/4/94
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
March 14, 1994 HAI #92-023.13
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
PRINCIPALS
James e. Chmmphc. P l:.
Charlcs W. Dake, P.G.
Gerald C. Hanman. P.F..
Mark 1. Luke, PC S.
Mark A. RynninR, P.E.
Humid E. Schmidt. Jn, P.E.
ASSOCIATES
Rmur[J. On, M.B.A.
William D. Md un. P.E.
Scan C. Quinlan, P.E.
,aamhy A. Hochull, FF.
Subject: Sebastian Lakes Wastewater Treatment Plant - Interconnection to
Wastewater System
Dear Mr. Votapka:
This letter constitutes Hartman & Associates Inc.'s (HAI) engineering proposal to design,
permit, inspect, certify and prepare record drawings for the installation of approximately
13,000 linear feet of sewage force main from the existing lift station located at the Sebastian
Lakes Wastewater Treatment Plant site to the 8 -inch force main on Schumann Drive.
The project consists of approximately 5,400 feet of 4 -inch; 1,250 feet of 6 -inch; and 6,350
feet of 8 -inch diameter force mains. The proposed route of the force main from the Sebastian
Lakes Wastewater Treatment Plant is east from the site to Laconia Street. At Laconia Street
the 4 -inch force main will proceed south to Rose Bush Terrace where it will proceed east until
Barber Street. At Barber Street the 4 -inch diameter force main will increase to a 6 -inch force
main and proceed south to Englar Drive. At Englar Drive the force main will increase in size
to an 8 -inch diameter line and proceed east to Barber Street. The project includes eleven (11)
road crossings, two (2) jack and bores, and one (1) bridge crossing.
In addition, the project will require the refurbishment of the existing Sebastian Lakes pumping
station (e.g., pumps, controls, electrical, etc.). The overall improvements will provide for the
interconnection and conveyance of wastewater from the Sebastian Lakes area and other flows
from the system in the general vicinity of the force main in the future. Furthermore, the
project is required to be constructed in accordance with the water and wastewater service and
contribution agreement between the City of Sebastian and Sebastian Lakes Associates.
The engineering costs for this project are as follows:
1. Field Surveys - $5,750.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
March, 14, 1994
page two
2. Final design drawings and specifications for the lift station modifications and force
main, and shop drawing review - $16,200.
3. Two (2) days of field inspection and testing with follow-up reports to the City -
$1,000.
4. Project certification and record drawings with proper submittals to Florida Department
of Environmental Regulation (FDER) and reproducible drawings providing to the City
of Sebastian. HAI will provide reproducible mylars of our work and the originals of
our specifications to the City of Sebastian on this project. - $750.
Total Engineering Fee: $23,700
The schedule for this assignment will include two (2) months for design; one (1) month for
permitting; two (2) months for bidding and approval; and six (6) months for construction. In
addition, our General Provisions for design, bidding and construction services are provided in
Attachment "A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary J. Revoir, II, P.E., and Mr. Stephen J. Rapp for the duration of the
project. As with all our projects with the City, we are committed to providing a quality and
cost-effective project.
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Very truly yours,
Hartman & Associates Inc.
Harold E. Schmi t, Jr., P.E.
Vice President
Accepted by:
Date:
Attachment:
HES/cs/pl /votapka.hes
ATTACHMENT 'A'
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated March 14, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's professional engineering
representative for the Project, providing professional
engineering consultation and advice and furnishing
customary civil, structural, mechanical and electrical
engineering services and customary architectural
services incidental thereto.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and character of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of the types described in the first
subparagraph of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
H ES/cs/p 1 /votapka2. scp -1-
After written authorization to proceed with the Final
Design Phase, ENGINEER shall:
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by Contractor(s) (hereinafter called "Drawings') and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.3.2. Provide technical criteria, written
descriptions and design data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation of other related
documents.
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After written authorization to proceed with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conferences and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)") for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consult with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
services.
I.S. Construction Phase.
During the Construction Phase:
1.5.1. General Administration of Construction
Contract. The OWNER has the right to approve
which of the ENGINEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent and
limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. AB of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2. Visits to Site and Observation of
Construction. The City shall provide all
construction site inspection services
HES/cs/pl/votapka2.sep -2-
associated with this project. The
ENGINEER shall provide these services at
the request of the OWNER.
1.5.3. Defective Rork During such visits and on
the basis of such observations, OWNER may
disapprove of or reject Contractor(s)' work while it
is in progress if OWNER and ENGINEER believes
that such work will not produce a completed Project
that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design
concept of the Project as reflected in the Contract
Documents.
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special inspection or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordinances, codes, orders or the
Contract Documents (but only to determine
generally that their content complies with the
requirements of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER's on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of such work is generally
in accordance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for in the
Contract Documents and to any other
qualifications stated in the
recommendation). In the case of unit price
work, ENGINEER's recommendations of
payment will include final determinations
of quantities and classifications of such
work (subject to any subsequent
adjustments allowed by the Contract
Documents).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be deemed to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it is
furnished and performed beyond the
responsibilities specifically assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to supervise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety precautions or programs incident
thereto or Contractor(s) compliance with
laws, rules, regulations, ordinances, codes
or orders applicable to their furnishing and
performing the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
HES/cs/pl/votapka2.scp -3-
for what purposes any Contractor has used
the moneys paid on account of the Contract
Price, or to determine that title to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claims, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should he paid.
1.5.9. Contractor(s)'Completion Documents.
ENGINEER shall receive and review maintenance
and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and
approvals which are to be assembled by
Contractor(s) in accordance with the Contract
Documents (but such review will only be to
determine that their content complies with the
requirements of, and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
comments.
1.5.10. Inspections. ENGINEER shall conduct an
inspection to determine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER
may recommend, in writing, final payment to
Contractor(s) and may give written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommendation and notice
will be subject to the limitations expressed in
paragraph 1.5.9.2.
1.5.11. Limitation of responsibilities. ENGINEER
shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s)' or subcontractor's or
supplier's agents or employees or any other persons
(except ENGINEER's own employees and agents) at
the site or otherwise furnishing or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 through 1.5.1 1, inclusive, shall
be construed to release ENGINEER from liability
for failure to properly perform duties and
responsibilities assumed by ENGINEER in the
Contract Documents.
SECTION 2 - ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service in respect of the following
categories of work which are usually referred to as
Additional Services.
2.1.1. If OWNER wishes ENGINEER to
perform any of the following Additional
Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services and will be paid therefor as
provided in the Letter Agreement:
-Preparation of applications and supporting
documents for governmental financial
support of the Project in addition to those
required under Basic Services; preparation
or review of environmental studies and
related services; and assistance in obtaining
environmental approvals.
-Services to make measured drawings of or
to investigate existing conditions or
facilities.
-Services resulting from significant changes
in the general scope, extent or character of
the Project or major changes in
documentation previously accepted by
OWNER where changes are due to causes
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing documents for alternate bids
requested by OWNER for work which is
not executed or for out -of -sequence work.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rate
schedules, earnings and expense statements,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Furnishing the services of
independent professional associates or
consultants for other than Basic Services.
-If ENGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, services resulting from the
award of more than one prime contract for
construction, materials, equipment or
services for the Project, or from the
construction contract containing cost plus
or incentive -savings provisions for
Contractor's basic compensation, or from
arranging for performance by persons other
than the principal prime contractors or from
administering OWNER's contracts for such
services.
HES/cs/p1/votapka2.scp -4-
-Services in connection with field surveys
for design purposes and engineering
surveys and staking out the work of
Contractor(s).
-Construction site inspection services while
work is in progress.
-Services during out-of-town travel other
than visits to the site.
-Preparation of operating and maintenance
manuals.
-Preparing to serve or serving as a
consultant or witness in any litigation,
arbitration or other legal or administrative
proceeding except where required as part of
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the
additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3 - OWNER'S RESPONSIBUMES
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property.
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of site and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4 - MEANING OF TERMS
4.1. As used herein the term "this Agreement"
refers to the Letter Agreement to which these
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as "Construction Cost") means
the total cost to OWNER of those portions of the
entire Project designed and specified by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest
and financing charges incurred in connection with
the Project or the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [Construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
HES/cs/pl/votapka2.scp -5-
telephone calls and telegrams; reproduction of
reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in
addition to those required under Section 1; and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of
labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OWNER.
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table"
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.3.1.3. Reimbursable Expenses. In
addition to the payments provided for in paragraphs
5.3.1.1. and 5.3.1.2, OWNER shall pay
ENGINEER the actual costs (except where
specifically provided otherwise) of all Reimbursable
Expenses incurred in connection with all Basic
Services and Additional Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage, subject to the
limitations contained in Chapter 112, Florida
Statutes.
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement
therefor, ENGINEER may, after giving seven day's
written notice to OWNER, suspend services under
this Agreement until ENGINEER has been paid in
full all amounts due for services, expenses and
charges.
5.4. Termination.
HES/cs/p1/votapka2.scp -6-
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this
Agreement.
5.6.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any rights or benefits in this
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
party.
HES/cs/p1lvotapka2.scp -7-
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
G. C. Hartman
Principal, P. E.
$108.00
4.,...4., .:.. .;,
H. E. Schmidt
Principal, Project Manager, P.E.
$108.00
J. E. Christopher
Principal, Project Manager, P.E.
$108.00
......
..
...
C. W. Drake
Principal, Project Manager, P.G.
$92.83
M. A. Rynning
Principal, Project Manager, P.E.
$92.83
M.I. Luke
.....: i..>
.................<:..„....:.,:.,.,.................,...,....:.
Principal, Project Manager, ...:.:...:..,....,..,........>
P.L.S.
$92.83
R.J. Ori
Financial Manager, CPA, MBA
$85.67
aaa 0 ;:;:::...,.
J.W. Vogt
Engineer VIII, P.E.
$70.09
�a�
�.
......:.........:..:......::.........:.....:.:i;........:....,::»(antwn..w,.,,.,:..,,4.,,.:..,ams.n..rw„.:4x::.„R>fi�r...:...;>,..........
11. -W
................
W. D. Musser
Engineer VIII, P.E.
$70.09
T.A. Hochuli
Engineer Vill,`P.E.
$70.09
.'..n.}..a; :a, ..
RMS'
.:...:.:.............:....:.>
S. C. Quinlan
Engineer VI, P.E.
$61.67
x:3:5
�'k�''`Ea:.:.fi'b.S.a"<•:.�,.,g'i
;. ..
., ., .(4a¢33 sd°�°��9.HSy:aa,<
<:..
W. B. Lafrenz
Hydrogeologist VI, P. G.
$61.02
>:.�<.44:44i000.n(oc.x343?;[:.>3.�43,catr 4. .4
,a....n.n..vry rv,. �.,>intri.4wmnava.4>.6:ua.Osb:N.a.x..:.,_h..�.Rvfi::....:.....n,..�................:..._„.v
3333,<' ,.
..:.:..........._...._;.�::.:.<.:.�„,::::,::.:.,.:.._f:.................
.., �.
....................
M. Alavvi
Engineer VII, P.E.
$58.40
...............:.......:...................................
}�G`..:ax'JwGi4t4�>jiw4..£(>::�..n.n.4fiP:0,`:vC:tr`i"i•4p4aF4hy�:J ,
.
G.J. Revoir
Engineer V, P.E.
$54.68
n,
„4Engineer VV,[P.E.
A. T. Woodcock
$53.33
NMI
D. P. Dufresne
Hydrogeologist V, P.G.
$53.22
..[.
,
R. K. Cashe
Engineer V, P.E.
$51.30
T. J. Sievers
Hydrogeologist IV
$51.27
tr..3#°.'>5....
.. 04�4.;£i£"oF:o, ;3.R: .. ., .. ..
J. J. Burgiel
Senior Rate Analyst$49.98
#,4' "o:i
RF%3tr $ Sn&'
\x�RYR>novn.
C. L. Harrouff
Administrative Assistant
$49.95
a
R. C. Copeland
Senior Rate Analyst, MBA
$48.68
DIN„<.5sk.
J. D. Fox
Engineer IV
$47.12
at-excel/Hrlyrate/2-7 ExhA.S ch
Updated 1/4/94
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
HOURL`.'
EMPLOYEE CLASSIFICATION RATE
A.K. Gay Engineer IV 644.90
ymy�?y;:'.�mz
),G.R. Crawford (($$ �y Engineer IV, P.L.S. $42.50-
C.E.
42.53C.E. Canada Engineering Technician III $40.50
F.A. Brinson
S. G. Neumeyer Engineering Technician III $38.07
�'$ o ,R ^w. Zj�' : o JQ q . o,�fo p.rC;AQR!%J 4... }� i•::q.e:.9 y<;v:
R. H. Nelson Engineering Technician III $35.91
M. J. Hudkins
Engineer III s35.69
W. Wasson
Hydrogeologist II$35.69
C. M. Gaylord
Senior Word Processor $35.64
T. A. Caizaretta Engineering Technician III $35.10
o. 6
L. %V. Mitchell
Engineer 11 $35.10
gyp. W
>a:waa> dw>u:i::.`'
D. Jiskoot
Engineering Technician III $34.70
tlitl.:c'C�i.C•:io»p:v.`.tl �Y �,. Y
K. R. Liciikrnechi
Survey Crew Chief/Survey Technician II $33.48
EME,
mm 11
S.M. Fensterer
Survey Crew Chief/Survey Technician II $32.81
�
°3,`�` "'.�iV."ySQ&''ak''�''✓'v3£`;r;3evi3f
.R�.ac.eru..��:§>
Yt....... J.... &S.ox.H`k5<�O^i.°?'.�A.,'
J. A. Manning
Engineer II $32.40
.Jv- :'figo ��`,�£o5>ww :£c»;e"§;'3'ya?,.�`&;'SR;%5a�s�y»:<z:
°'ffxw�ta��`' a,b :'jti�.}
.
,. ;.6 n�3n2:.o <�`..'...
J. Warner
Engineering Technician Il $32.40
.
» . N v Cue »prJ3JY<;: ;:C�uw:.",ow•,w'.e£�§:�
IRE
.....::
<:oo.'$�x3�Eio .
J.A. Epaves
Engineering Technician II $32.40
.....
.. .,v ''.'.sbo`':'i.4.§.lt«,a:P.°'.3 ¢lg ` 110
E. Jenkins
Survey Technician II $32.40
...C:....,�C.. tiT»:.§SL.E.'>.:'C`O�':b<l>.`.�9'�'R'.R.0 'Afe}ax'
at-excel/Hdyrate12-7 ExhA.Sch
Updated 1/4/94
I
EMPLOYEE
J.A. Baker
A. R. Terrero
uis .iii. .....:';>Y to>?
L. M. Loonev
F.
C. C. Tomlinson
P.N. Williamson
C.A. Lauretta
H. A. Cox
P.D. Teeters
C.W. Hardin
C.W.xSacher
S. D. Clatchey
D. `Trussell
L.E. Bennett
<;:
M. Taylor
S. Simon
S. C. Cobert
T.A. Eggertor
AFL
C. Cuevas
OW
E. Cuevas
at-exc el M rlyrate/2-7 EAA.S ch
Updated 1/4/94
Word Processor
Engineering Technician 11
Word Processor
Survey Technician I
Word Processor
IMEREMME
Survev Technician I
Secretarial
Secretarial
HOURLY
RATE
$31.32
.................
$29.97
..................
$29.16
.................
$28.35
.................
.................
$27.81
.................
$27.68
..................
S 27.14
w*A111:
$27.00
$27.00
$24.30
$ 23.63
$21.60
L <
$20.93
$19.44
818.90
$17.69
$17.55
HARTMAN & ASSOCIATES, INC.
PRINCIPALS:
engineers, hydrogeologists, surveyors & mawgement consultants James E. Chralophcn RE
Chula W. Drain, E.G.
Geld C. Nauman, R E.
Mark I, LUYq P.LS.
January 3, 1994 HAI #92-023. Aft daE.rk.jr,
A. Rynt'RP.E.
ASSOCIATES
101nar1 J. Ort, M.B.A.
William D. Mumer, P.E.
'rul C. Quinlan, P. E.
Timothy A. Hochull, P.E.
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Park Place Interconnection to General Development Utilities, Inc. (GDU)
Wastewater System at the Pelican Island Elementary School
Dear Mr. Votapka:
This letter constitutes Hartman & Associates, Inc.'s (HAI's) engineering proposal to design,
permit, inspect, certify and prepare record drawings for the installation of a 6 -inch DR 25
PVC force main from a new lift station located near the Palm Lake Club to the 8 -inch force
main on Shulman Drive near the Pelican Island Elementary School. The force main would be
located on the north side of Straton Avenue and Barber Street, and to the east side of Shulman
Avenue. This force main project will be approximately 6,400 feet long and will require the
replacement of the existing Park Place pumping station. The improvement will provide for the
intertie and conveyance of wastewater from Palm Lake Club, Park Place and other flows from
the system in the general vicinity of the force main in the future.
The engineering costs for this project are as follows:
1. Field surveys - $5,000.
2. Final design drawings and specifications - $13,800.
3. Florida Department of Environmental Protection (FDEP) permit application fee - $500.
4. Permit preparation - $250.
5. Two (2) days of field inspection and testing with follow-up reports to the City -
$1,000.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 2
6. Project certification and record drawings with proper submittals to FDER and
reproducible drawings provided to the City of Sebastian. HAI will provide
reproducible mylars of our work and the originals of our specifications to the City of
Sebastian on this project. - $710.
Total Engineering Fee - $21,260
The schedule for this assignment will include one (1) month for design, one (1) month for
permitting, and four (4) months for construction.
In addition, our General Provisions for design, bidding and construction services are provided
in Attachment "A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoir, III, P.E., and Ms. Jill A. Manning for the duration of the
project. Assisting our project team for construction services will be Mr. Harold E. Schmidt,
Sr., P.E. As with all our projects with the City, we are committed to provide a quality and
cost-effective project.
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Accepted by:
Date:
HES/ch
P14/Votapka. l0
Attachment
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schmidt, Jr., P.E.
Vice President
ATTACHMENT "A"
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated January 3, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 -BASIC SERVICES OF ENGINEER
1.1. General.
I.I.I. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's professional engineering
representative for the Project, providing professional
engineering consultation and advice and furnishing
customary civil, structural, mechanical and electrical
engineering services and customary architectural
services incidental thereto.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and character of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of the types described in the first
subparagraph of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
After written authorization to proceed with the Final
HES/ch
P14/Votapka.Scp 1
Design Phase, ENGINEER shall:
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by Contractor(s) (hereinafter called "Drawings") and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.3.2. Provide technical criteria, written
descriptions and design data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation of other related
documents.
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After written authorization to proceed with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conferences and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)") for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consult with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
services.
1.5. Construction Phase.
During the Construction Phase:
I.S.I. General Administration of Construction
Contract. The OWNER has the right to approve
which of the ENGINEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent and
limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2. Visits to Site and Observation of
Construction. In connection with observations of
the work of Contractor(s) while it is in progress:
HES/ch
P14/Votapka.Scp -2-
1.5.2.1. ENGINEER shall make two (2)
visits to the site. Based on information
obtained during such visits and on such
observations, ENGINEER shall endeavor
to determine in general if such work is
proceeding in accordance with the Contract
Documents and ENGINEER shall keep
OWNER informed of the progress of the
work.
1.5.2.2. The purpose of ENGINEER's
visits to and representation by the Resident
Project Representative (and assistants, if
any) at the site will be to enable
ENGINEER to better carry out the duties
and responsibilities assigned to and
undertaken by ENGINEER during the
Construction Phase, and, in addition, by
exercise of ENGINEER's efforts as an
experienced and qualified design
professional, to provide for OWNER a
greater degree of confidence that the
completed work of Contractor(s) will
conform generally to the Contract
Documents and that the integrity of the
design concept as reflected in the Contract
Documents has been implemented and
preserved by Contractor(s). On the other
hand, ENGINEER shall not, during such
visits or as a result of such observations of
Contractor(s)' work in progress, supervise,
direct or have control over Contractor(s)'
work nor shall ENGINEER have authority
over or responsibility for the means,
methods, techniques, sequences or
procedures of construction selected by
Contractor(s), for safety precautions and
programs incident to the work of
Contractor(s)or for any failure of
Contractor(s) to comply with laws, rules,
regulations, ordinances, codes or orders
applicable to Contractor(s) furnishing and
performing their work. Accordingly, the
ENGINEER shall notify the OWNER of
any deficiencies regarding any of the above
referenced items.
1.5.3. Defective Work During such visits and on
the basis of such observations, ENGINEER may
disapprove of or reject Contractor(s)' work while it
is in progress if ENGINEER believes that such work
will not produce a completed Project that conforms
generally to the Contract Documents or that it will
prejudice the integrity of the design concept of the
Project as reflected in the Contract Documents.
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special inspection or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordinances, codes, orders or the
Contract Documents (but only to determine
generally that their content complies with the
requirements of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER's on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
HES/ch
P14/Votapka.Scp -3-
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of such work is generally
in accordance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for in the
Contract Documents and to any other
qualifications stated in the
recommendation). In the case of unit price
work, ENGINEER's recommendations of
payment will include final determinations
of quantities and classifications of such
work (subject to any subsequent
adjustments allowed by the Contract
Documents).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be deemed to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it is
famished and performed beyond the
responsibilities specifically assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to supervise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety precautions or programs incident
thereto or Contractor(s) compliance with
laws, rules, regulations, ordinances, codes
or orders applicable to their furnishing and
performing the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
for what purposes any Contractor has used
the moneys paid on account of the Contract
Price, or to determine that title to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claims, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should be paid.
1.5.9. Contractor(s)'Completion Documents.
ENGINEER shall receive and review maintenance
-Preparation of applications and supporting
and operating instructions, schedules, guarantees,
documents for governmental financial
bonds and certificates of inspection, tests and
support of the Project in addition to those
approvals which are to be assembled by
required under Basic Services; preparation
Contractor(s) in accordance with the Contract
or review of environmental studies and
Documents (but such review will only be to
related services; and assistance in obtaining
determine that their content complies with the
environmental approvals.
to measured drawings of or
requirements of, and in the case of certificates of
-Services make
inspection, tests and approvals the results certified
to investigate existing conditions or
indicate compliance with, the Contract Documents);
facilities.
-Services resulting from significant changes
and shall transmit them to OWNER with written
in the general scope, extent or character of
comments.
the Project or major changes in
1.5.10. Inspections. ENGINEER shall conduct an
documentation previously accepted by
inspection to determine if the work is substantially
OWNER where changes are due to causes
complete and a final inspection to determine if the
beyond ENGINEER's control.
completed work is acceptable so that ENGINEER
-Providing renderings or models.
may recommend, in writing, final payment to
-Preparing documents for alternate bids
Contractor(s) and may give written notice to
requested by OWNER for work which is
OWNER and the Contractor(s) that the work is
not executed or for out -of -sequence work.
acceptable (subject to any conditions therein
-Detailed consideration of operations,
expressed), but any such recommendation and notice
maintenance and overhead expenses; value
will be subject to the limitations expressed in
engineering and the preparation of rate
paragraph 1.5.9.2.
schedules, earnings and expense statements,
cash flow and economic evaluations,
1.5.11. Limitation of responsibilities. ENGINEER
feasibility studies, appraisals and
shall not be responsible for the acts or omissions of
valuations. Furnishing the services of
any Contractor, or of any subcontractor or supplier,
independent professional associates or
or any of the Contractor(s)' or subcontractor's or
consultants for other than Basic Services.
supplier's agents or employees or any other persons
-If ENGINEER's compensation for Basic
(except ENGINEER's own employees and agents) at
Services is not on the basis of Direct Labor
the site or otherwise furnishing or performing any of
or Salary Costs, services resulting from the
the Contractor(s)' work; however, nothing contained
award of more than one prime contract for
in paragraphs 1.5.1 through 1.5.1 1, inclusive, shall
construction, materials, equipment or
be construed to release ENGINEER from liability
services for the Project, or from the
for failure to properly perform duties and
construction contract containing cost plus
responsibilities assumed by ENGINEER in the
or incentive -savings provisions for
Contract Documents.
Contractor's basic compensation, or from
arranging for performance by persons other
SECTION 2 -ADDITIONAL SERVICES OF
than the principal prime contractors or from
ENGINEER
administering OWNER's contracts for such
services.
2.1. Normal and customary engineering services
-Services in connection with field surveys
do not include service in respect of the following
for design purposes and engineering
categories of work which are usually referred to as
surveys and staking out the work of
Additional Services.
Contractor(s).
-Services during out-of-town travel other
2.1.1. If OWNER wishes ENGINEER to
than visits to the site.
perform any of the following Additional
-Preparation of operating and maintenance
Services, OWNER shall so instruct
manuals.
ENGINEER in writing, and ENGINEER
-Preparing to serve or serving as a
shall perform or obtain from others such
consultant or witness in any litigation,
services and will be paid therefor as
arbitration or other legal or administrative
provided in the Letter Agreement:
proceeding except where required as part of
HES/ch
P14/Votapka.Scp 4-
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the
additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor, and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3 -OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property.
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
HES/ch
P14Notapka.Scp 5-
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of site and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4 -MEANING OF TERMS
4.1. As used herein the term "this Agreement"
refers to the Letter Agreement to which these
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as "Construction Cost") means
the total cost to OWNER of those portions of the
entire Project designed and specified by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest
and financing charges incurred in connection with
the Project or the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [Construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
telephone calls and telegrams; reproduction of
reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in
addition to those required under Section 1; and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of
labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OWNER.
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table"
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
HES/ch
P14Notapka.Scp -6-
5.3.1.3. Reimbursable Expenses. In
addition to the payments provided for in paragraphs
5.3.1.1. and 5.3.1.2, OWNER shall pay
ENGINEER the actual costs (except where
specifically provided otherwise) of all Reimbursable
Expenses incurred in connection with all Basic
Services and Additional Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage.
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of I% per month from said
thirtieth day, and in addition, ENGINEER may,
after giving seven day's written notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all amounts due
for services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this
Agreement.
5.6.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
HES/ch
P14Notapka.Scp -7-
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any rights or benefits in this
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
party.
[The remainder of this page was left blank intentionally.]
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
G. C. Hartman
Principal, P. E.
$106.00
H. E. Schmidt
Principal, Project Manager, P.E.
5106.00
R!:2<.taSSiBW.Hb<.:.
:a^).v
o.'.;..a..x�...,..wx,:xg�..o:na::x.:::::::...:...:.:...................
J. E. Christopher
Principal, Project Manager, P.E.
5106.00
w.n
:< � 4. L.0).4.. _??< A.J. 3./..>:<:>:NN:,t, .::•
..:.. : ..::.:....:..:.........:...t. ............... .. ,<: ...
xrNAE v q v'
y:.', >dc &KAY
'�boa>ES.a6.4�A �SALpA�`.
Ell
.........................
C. W. Drake
Principal, Project Manager, P.G.
591.09
E:;>avd3'n•�a�ub::.fi:'z?d.4.b. 2 x. •':' x`�a�'tXb:.
M. A. Rynning Principal, Project Manager, P.E.
M. I. Luke Principal, Project Manager, P.L.S.
.,.��5;.55oxb:..�
R.J. Ori Financial Manager, CPA, MBA
W.D. Musser Engineer VII, P.E.
......................
$91.09
S 91 .09
584.09
568.79
$68.79
$60.52
- X59.83
557.32
553.66
>, :...x:.... yv,.,x�x�.a`r!r�smhw��»zrsrae>•c•.ce:::::
A. T. Woodcock Enaineer V. P.E. 552.34
D. P.
C. M. Bliss
0�
R. K. Cashe
IV, P.G.
Engineer V
Ennineer V, P.E.
J. J.
C. L.
J. D. Fox
at-excel/Hrlyrate/2-65Spc. Sch
Senior Rate Analvst, MBA
IV
$52.24
$51.50
$50.35
$50.32
............................
$49.05
$49.03
$47.78
$46.24
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
A. T. Gawad Engineer IV $46.12
i:kakiY&:').k:i2.''Yi:k:•IXiii[
4:
....R.«:2a..,:'v`:Qa...,•aN:...a.!...J:f3U[i::..:C).[n.;!yik:[.: r..: :.'>i'i'<: F:kw::. !x: •.: ..
K. Wulff Engineering Design II $44.39
�•iCN�'>":..>aY.Kni'ni%, .Y.\tea. `CJ..: )n.:, [.. •i. J W::Omn.,
A.K. Gay Engineer IV g 4+ pg
G.R. Crawford Engineer IV, P.L.S. $41,74
:r..x.Yzt'u � °'34` )t{ xi«.• -.i °.ivip:i,: r .: ,-
eh'$FW: PR%). �.a�y1 ,C<�!4�<oi:iii:'k�i'v`�•v...:CpC::!!v.._....<, } C, tY
F.A. Brinson
� Engineer ..:...En III
�� �
5 $37.37
S. G. Neumeyer Engineenng Technician III 537.37
R. H. Nelson Engineering Technician III 535.25
'3<�.: •.• Za���'[Jk3:x amb3>t..'•':✓.[:a. waw "ate,?,{ixt,:zaua<.a, .:a..::
M. J. Hudkins Engineer III 535.04
<tii':iG?a'�tk'%/,�` a: :,<.`t` .gr:>fk d&:� J.. J�,.}YJs ,.b�.'�i�b: 9 ��•J ..: .. L: sS!ti"kn
TW. Wasson H r
yd ogeologist II S35.04
C. M. Gaylord Senior Word Processor 534.98
T. A. Calzar
etta Engineering Technician III 534.45
4:r,4>ix[:z:<aasaa ;w'� J 'M'zc. ro'ni>.: �a. :4:<ma'xzyzMg•w.`w-o..
e Engineer III S34.45
D. Jiskoot Engineering Technician III 534.05
...................
Liebknecht Survey Crew Chief/Survey Technician II 532.86
°r &&8�?::£:g'sFrt;3z"a".<d3:`i r5£:!!.>"'Eri1's 4eEz:..%kfi::3%;a ✓�.&:: , xz:':Y1' ` r;:a::✓"
aY?�a4>54>iaM:
.: ...,..a..?ax:3 vk':'':�3i'..v.....,.e3.Yf$`'O a?:ka> ^Y%k, A�.Rda F�:?G�:n• n��
S.M. Fensterer Survey Crew Chief/Survey Technician II $32.20
J.M. Manning engineer m $31.80
J. Warner Engineering Technician II
531.80
' b`<Y..Os':.no.. „4. yv:.;..:y», ati•).... r^Hp<°,.Yn3Y:4:<......,.._Y:.Y:..::..>.i»>:[:::.:<: (akuR:.:iO ..3... M.xv`?SiLH4
kkxk<6>..,��'[a4:4»xx'.'i°:L'r°::�:kN>Sa:::i!.:yS:d>Zi': •!`;x::ZYLY �' ..,.<_..... >...::. �::,.:.:::. .n<.
E. Jenkins Survey Technician II $31.80
:::. .. a.,,,.i, ai.o.i:o,, .,, ,:.'..,::.Go>r[[<[o;.;., ..�...:... ............. £ ,.,...[<.IXy4r;.,.,' �' >)tk:• .,yi,<;
�.,{;sa::;J.,::s3>:c.4k:aa!sox>:xn3:'d3iis:E:::wxx4P.SX"�4°9�
J.A. Baker Senior Word Processor S30.74
�Yi>n
s..
�,.93sz!is4Y>:<.:ix:;:i3':E:'x?i:z:�C��!:ii i::f:`Ei�l:3%%k&�%«?i£�[.YY ,,.>.::...•......,. ,..
A. R. Terrero Word Processor $29,42
.P::'ii:2Cv ��'. ..J. .:.>:..:.:..:(.pxx>i4•i<isY:Y::n:43>v,.'F.4:<ao<.Y}:..vMNf
!`-mm i<arr4'
:x a. 1`[�r'i v'iJ?JFY::k'{:!<:i:>;:xxii4>:<!<:u{.O%�Y 4<o } D� �:�. •a, ,i^<C3:�:o3:i'i::yl>iii i;:4>�iE:'?'�'s<k'si'3�Y'n'i:<:::)::i:�::Y'x>:[:.,v.. ..a.,..
*y."::A°4?.o.A''.4'Too'3�+3A!{.
3
hL. M.
at-excel/Hrlyrate/2-65 Spc. Sch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 711/93
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
F. Gidus
Hydro Technician 1
$27.83
C. C. Tomlinson
Assistant Rate Analyst
$27.30
P. Williamson
Survey Technician 11
$27.16
C.A. Lauretta
Word Processor
$26.63
......... . ....... .. . .. ... ......
H. A. Cox
Engineer 11
$26.50
T.N. BenedicoN
. .. ..... ... ..
Word Processor/Receptionist
$22.53
R
D. Noble
Word Processor
$21.20
. ..........
0 -M,
?;XK
....... . . ..
S.D. Clatchey
Survey Technician 1
$21.20
RX'0� -111-*�'ffi
L.E. Bennett
Survey Technician 1
520.54
M. Taylor
Reproduction/Courier Support
$20.14
. . . . ...... M ..... . . . .ay .
S. Simon
Reproduction/Courier Support
$19.£38
.. .. .. ......
N"
., ?�.
KE.,
.. ..... .
S. C. Cobert
Engineer 1
$19.08
J.H. Alvarez
... . . ...... ......... ..
Engineer 1
$18.55
C. Cuevas
Secretarial Support
$17.36
B.D. Marshall
Engineering Technici an 1
$15.90
E. Cuevas
Reproduction/Courier Support
$15.90
at-excel/Hrlyrate/2-65Spc.Sch
4
ikA_RTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
January 3, 1994 HAI #92-023.09
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
PRINCIPALS
James E. Christopher. P.E.
Charles W. Dake, P.G.
Gerald C. Hartman, P.E.
Mark 1. Luke, P.L.S.
Mark A. RynninR, P.E.
Harold E. Schmidt, Jr., P.E.
ASSOCIATES:
Robert J. Orl, MD.A,
William D. Musser, P.E.
Seen G Quinlan, P.E.
Timothy A. Hoeholi, P.E.
Subject: Feasibility Study to Determine Percolation Pond Capacity and Expansion
Potential on Existing General Development Utilities, Inc. (GDU) Effluent
Disposal/Wastewater Treatment Plant Site
Dear Mr. Votapka:
This letter constitutes Hartman & Associates, Inc.'s (HAI's) engineering and professional
geological proposal to provide professional services to the City of Sebastian to determine the
engineering feasibility of expanding the present 142,000 gallons per day (gpd) percolation
ponds at the existing GDU wastewater treatment plant (WWTP) to 300,000 gpd to
accommodate the increased flow from Park Place and Palm Lake Club mobile home park
developments, as well as other additional wastewater growth in the area, and the diversion of
reserved flow from the Indian River County wastewater transmission system to equal the
number of customers involved and connected to the Indian River County system.
The work will involve preparation of maps for the existing GDU wastewater treatment plant
site, soils testing including three (3) wells to be drilled on-site, percolation tests, level
indicators provided, and the existing monitor wells evaluated to establish the present capacity
and rerating potentials, as well as the ability to expand on the same site to a higher flow rate
and potentially to 300,000 gpd. HAI makes no representations at this time that the complete
GDU WWTP site and effluent disposal system, as potentially expanded, can attain 300,000
gpd on an average daily flow basis.
HAI will conduct groundwater modeling utilizing the data collected and prepare an engineering
and professional geological report reflecting the estimated present capacity of the system, those
activities to expand the system on the existing site, and the maximum effluent disposal capacity
which can be attained, in our opinion, based upon the present regulations of the Florida
Department of Environmental Protection (FDEP).
An engineering and professional geological report signed and sealed by a registered
professional engineer and a registered professional geologist will be prepared documenting the
present capacity of the existing facilities, and the expansion capacity with its estimated cost for
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 2
construction. This engineering feasibility study is not a final design or a complete permit
application to FDEP. Those activities would be in addition to this study. The activities will
involve on-site monitoring utilizing the HAI groundwater equipment and additional support
activities from the City in water level readings as necessary.
The up -set limit for this assignment is $14,980. Three (3) draft reports and five (5) final
reports will be provided to the City. The schedule for this assignment involves three (3)
months of sampling, testing and analysis, with one (1) month for draft and final report
preparation.
In addition, our General Provisions for planning and study services are provided in Attachment
"A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoir, III, P.E., Mr. Charles W. Drake, P.G., Mr. Douglas
Dufresne, P.G., and Ms. Jill A. Manning for the duration of the project. Assisting our project
team for construction services will be Mr. Harold E. Schmidt, Sr., P.E. As with all our
projects with the City, we are committed to provide a quality and cost-effective project.
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Accepted by:
Date:
HES/ch
P14/Votapka.09
Attachment
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schmidt, Jr., P.E.
Vice President
ATTACHMENT A
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated January 3, 1994, between the
City of Sebastian (OWNER) and Hartman &
Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 After written authorization to proceed,
ENGINEER shall perform the following
professional services:
1.1.1. Consult with OWNER to clarify and define
OWNER's requirements for the Assignment and
review available data;
1.1.2. Advise OWNER as to the necessity of
OWNER's providing or obtaining from others
special services and data required in connection with
the Assignment and assist OWNER in obtaining
such data and services;
1.1.3. Provide analyses of OWNER's needs with
evaluations and comparative studies of prospective
solutions;
1.1.4. Prepare a Report of ENGINEER's findings
and recommendations and furnish five copies of the
Report and review it in person with OWNER.
1.2.1 The duties and responsibilities of
ENGINEER described above are supplemented and
amended as indicated in the cover letter which is
attached to and made a part of the Agreement.
SECTION 2 - ADDITIONAL SERVICES
2.1. If authorized in writing by OWNER,
Additional Services related to the Assignment will
be performed by ENGINEER for an additional
professional fee.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner
so as not to delay the services of ENGINEER:
3.1. Provide all criteria and full information as
HES/ch/P14/Sebast2.AtA -I-
to OWNER's requirements for the Assignment and
designate in writing a person with authority to act
on OWNER's behalf on all matters concerning the
Assignment;
3.2. furnish to ENGINEER all existing studies,
reports and other available data pertinent to the
Assignment, obtain or authorize ENGINEER to
obtain or provide additional reports and data as
required, and furnish to ENGINEER services of
others required for the performance of
ENGINEER's services hereunder, and ENGINEER
shall be entitled to use and rely upon all such
information and services provided by OWNER or
others in performing ENGINEER's services under
this Agreement;
3.3. arrange for access to and make all
provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to
perform services hereunder;
3.4 perform such other functions as are
indicated in the cover letter; and
3.5. bear all costs incident to compliance with
the requirements of this Section 3.
SECTION 4 - PERIOD OF SERVICE
4.1. ENGINEER's Basic Services will be
performed and the Report submitted within the time
period or by the date stipulated in the cover letter.
4.2. ENGINEER's Basic Services under this
Agreement will be considered complete at the earlier
of (1) the date when the Report is accepted by
OWNER or (2) thirty days after the date when the
Report is submitted for final acceptance, plus in
each case, if applicable, such additional time as may
be considered reasonable for obtaining approval of
governmental authorities having jurisdiction to
approve the Report.
4.3 ENGINEER's Additional Services will be
performed and completed within the time period
agreed to in writing by the parties at the time such
services are authorized.
4.4. If any time period within or date by which
any of ENGINEER's services are to be completed is
exceeded through no fault of ENGINEER, all rates,
measures and amounts of compensation and the time
for completion of performance shall be subject to
equitable adjustment.
SECTION 5 - PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services of
ENGINEER.
5.1.1 For Basic Services. OWNER shall pay
ENGINEER for all Basic Services rendered under
Section 1 (as amended and supplemented by the
cover letter) as follows:
5.1.1.1. On the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly
Rate Schedule".
5.1.2. For Additional Services. OWNER shall
pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.1.3. Reimbursable Expenses. In addition to the
payments provided for in paragraphs 5.1.1. and
5.1.2, OWNER shall pay ENGINEER the actual
costs (except where specifically provided otherwise)
of all Reimbursable Expenses incurred in connection
with all Basic Services and Additional Services.
Reimbursable expenses mean the actual expenses
incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly or indirectly in connection with the Project,
such as expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage.
5.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
HES/ch/P14/Sebast2.AtA -2-
days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of 195 per month from said
thirtieth day, and in addition, ENGINEER may,
after giving seven day's written notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all amounts due
for services, expenses and charges.
SECTION 6 - COST CONTROL
6.1. OWNER's budgetary requirements and
considerations in respect of the Assignment are set
forth in Exhibit "A" Estimated Project Costs.
6.2. Opinions of probable construction cost,
financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs
prepared by ENGINEER hereunder will be made on
the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best
judgment as an experienced and qualified design
professional. It is recognized, however, that
ENGINEER does not have control over the cost of
labor, material, equipment or services furnished by
others or over market conditions or OWNERS'
methods of determining their prices, and that any
utilitarian evaluation of any facility to be
constructed or work to be performed on the basis of
the Report must of necessity be speculative until
completion f its detailed design. Accordingly,
ENGINEER does not guarantee that proposals, bids
or actual costs will not vary from opinions,
evaluations or studies submitted by ENGINEER to
OWNER hereunder.
SECTION 7 - GENERAL CONSIDERATIONS
7.1. All documents prepared or furnished by
ENGINEER (and ENGINEER's independent
professional associates and consultants) pursuant to
this Agreement are instruments of service and
ENGINEER shall retain an ownership and property
interest therein. OWNER may make and retain
copies for information and reference; however, such
documents are not intended or represented to be
suitable for reuse by OWNER or others. Any reuse
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, or the ENGINEER's
independent professional associates or consultants,
and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent
professional associates and consultants from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
7.2 The obligation to provide further services
under this Agreement may be terminated by either
party upon thirty days' written notice in the event of
substantial failure by the other party to perform in
accordance with the terms thereof through no fault
of the terminating party. In the event of any
termination, ENGINEER will be paid for all
services rendered and Reimbursable Expenses
incurred to the date of termination and, in addition,
all Reimbursable Expenses directly attributable to
termination.
7.3.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 7.3.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
HES/ch/P14/Sebast2.AtA -3-
(and said assigns) of each party, in respect of all
covenants, agreements and obligations of the
Agreement.
7.3.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written Consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associated and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder.
7.4 Nothing under the Agreement shall be
construed to give any rights or benefits in the
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
party.
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
at-excel/H rlyrate/2-65Spc. Sch
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
PrincipalE
$106.00
G. C. Hartman
,...P.
Engineer V P E
H. E. Schmidt
Pnnci al Project Manager P E
p
6.00
J. E. Christopher
Principal Project Manager P E
6.00
C. W. Drake
Principal Project Manager P G
1.09
549.03
Principal Protect Manager P E
1.09
M A. Rynning
Principal Project Manager PLS ...$91.09
M. I. Luke
J. D. Fox
Financial Manager CPA MBA
$84.09
R.J. Ori
W.D. Musser
Engineer VII P E
$68.79
T.A. Hochuli
Engineer VI, P E
8.79
S. C. Quinlan
Engineer VI P E
$60 52
Hydrogeologist VI P G
59.88
W. B. Lafrenz
M.M. Alawi
:. .
Engineer VI P E
$57.32
SEEM
G.J. Revoir
Engineer V P E
$53.66
A. T. Woodcock
Engineer V P.E.
2.34
at-excel/H rlyrate/2-65Spc. Sch
D. P. Dufresne
Hydrogeologist IV P.G
S52 24
C. M. Bliss
Engineer V
51.60
R. K. Cashe
Engineer V P E
$50.35
T. J. Sievers
Hydrogeologist IV
0.32
J. J. Burgiel
Senior Rate Analyst
54 9.05
am
C. L. Harrouff
Administrative Assistant
549.03
R. C. Copeland
Senior Rate Analyst MBA
$47.78
Engineer IV
J. D. Fox
;.
at-excel/H rlyrate/2-65Spc. Sch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
at -excel /H rlyrate/2-65Spc. Sch
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
A. T. Gawad
Engineer IV
$46.12
K. Wulff
Engineering Design 11
4.39
A.K Gay
Engineer IV
4.06
G.R. Crawford
Engineer IV, P L S
1.74
F.A. Brinson
Engineer III
7.37
s
S. G. Neumeyer
Engineering Technician III
7.37
R. H. Nelson
Engineering Technician III
5.25
M. J. Hud kins
Engineer III
S35 04
Hydrogeologist II
$35.04
W. Wasson
C. M. Gaylord
Senior Word Processor
$34.98
:: ..
T. A Calzaretta
,Engineering Technician III
4.45
L.W. Mitchell
Engineer III
4.45 .
D. Jiskoot
Engineering Technician III
534.05
K. R. Liebknecht
Survey Crew Chief/Survey Technician II
S32 86
S.M
ief/Survey Technician II
20
.. .
J.A. Manning
Engineer III
$31 80
'
J. Warner
Engineering Technician II
S31 80
.'
E. Jenkins
Survey Technician II
S31 80
MIR
J.A. Baker
Mmm"
Senior Word Processor
S30 74
A. R. Terrero Word Processor
.529.42
L. M. Loonev
Word Processor ,,,
$28.62
at -excel /H rlyrate/2-65Spc. Sch
at-excel/H rlyrate/2-65 Spc. Sch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (S/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
F. Gidus
Hydro Technician 1
$27.83
C. C. Tomlinson
Assistant Rate Analyst
$27.30
Survey Technician 11
$27.16
P. Williamson
-.:
526 63
C.A. Lauretta
Word Processor
$26.5.0
Engineer II
T.N. Benedico
Word Processor/Receptionist
2.53
1.20
D. Noble
Word Processor
S.D. Clatchey
Survey Technician I
521 20
S urvey Technician I
$20 54
L.E. Bennett
Reproduction/Couper Support
$20.14
M. Taylor
S. Simon
Reproduction/Couper Support
S19 88
Engineer I
S19 08
S. C. Cobert
Engmeer I .
8.55
J.H Alvarez
C. Cuevas
. ..
Secretarial Support
6
7.3X.
..
Engineerng Technician
S 15 90
B.D. Marshall
E. Cuevas
Reproduction/Couper Support
$15.90
at-excel/H rlyrate/2-65 Spc. Sch
I
1
H"TMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & mawgement consultants
January 3, 1994 HAI #92-023.09
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
PRINCIPALS
James E. Christopher, P.E.
Chin. W. Drake, P.G.
Gemid C. Hartman, P.E.
Mark 1. Luke, P.L.S.
Muk A. R,mning, Y.E.
Harold E. Sehmldtje, P.E.
ASSOCIATES:
Robert J. Ori. M.B.A.
Wiliam D. Musses P.E.
Score C. Quinlan. P.E.
Timothy A. Hochuh. P. E.
Subject: Feasibility Study to Determine Percolation Pond Capacity and Expansion
Potential on Existing General Development Utilities, Inc. (GDU) Effluent
Disposal/Wastewater Treatment Plant Site
Dear Mr. Votapka:
This letter constitutes Hartman & Associates, Inc.'s (HAI's) engineering and professional
geological proposal to provide professional services to the City of Sebastian to determine the
engineering feasibility of expanding the present 142,000 gallons per day (gpd) percolation
ponds at the existing GDU wastewater treatment plant (WWTP) to 300,000 gpd to
accommodate the increased flow from Park Place and Palm Lake Club mobile home park
developments, as well as other additional wastewater growth in the area, and the diversion of
reserved flow from the Indian River County wastewater transmission system to equal the
number of customers involved and connected to the Indian River County system.
The work will involve preparation of maps for the existing GDU wastewater treatment plant
site, soils testing including three (3) wells to be drilled on-site, percolation tests, level
indicators provided, and the existing monitor wells evaluated to establish the present capacity
and rerating potentials, as well as the ability to expand on the same site to a higher now rate
and potentially to 300,000 gpd. HAI makes no representations at this time that the complete
GDU WWTP site and effluent disposal system, as potentially expanded, can attain 300,000
gpd on an average daily flow basis.
HAI will conduct groundwater modeling utilizing the data collected and prepare an engineering
and professional geological report reflecting the estimated present capacity of the system, those
activities to expand the system on the existing site, and the maximum effluent disposal capacity
which can be attained, in our opinion, based upon the present regulations of the Florida
Department of Environmental Protection (FDEP).
An engineering and professional geological report signed and sealed by a registered
professional engineer and a registered professional geologist will be prepared documenting the
present capacity of the existing facilities, and the expansion capacity with its estimated cost for
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 2
construction. This engineering feasibility study is not a final design or a complete permit
application to FDEP. Those activities would be in addition to this study. The activities will
involve on-site monitoring utilizing the HAI groundwater equipment and additional support
activities from the City in water level readings as necessary.
The up -set limit for this assignment is $14,980. Three (3) draft reports and five (5) final
reports will be provided to the City. The schedule for this assignment involves three (3)
months of sampling, testing and analysis, with one (1) month for draft and final report
preparation.
In addition, our General Provisions for planning and study services are provided in Attachment
"A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoir, III, P.E., Mr. Charles W. Drake, P.G., Mr. Douglas
Dufresne, P.G., and Ms. Jill A. Manning for the duration of the project. Assisting our project
team for construction services will be Mr. Harold E. Schmidt, Sr., P.E. As with all our
projects with the City, we are committed to provide a quality and cost-effective project.
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Accepted by:
Date:
HES/ch
P14/Votapka.09
Attachment
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schmidt, Jr., P.E.
Vice President
ATTACHMENT A
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated January 3, 1994, between the
City of Sebastian (OWNER) and Hartman &
Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION I - BASIC SERVICES OF ENGINEER
1.1 After written authorization to proceed,
ENGINEER shall perform the following
professional services:
1.1.1. Consult with OWNER to clarify and define
OWNER's requirements for the Assignment and
review available data;
1.1.2. Advise OWNER as to the necessity of
OWNER's providing or obtaining from others
special services and data required in connection with
the Assignment and assist OWNER in obtaining
such data and services;
1.1.3. Provide analyses of OWNER's needs with
evaluations and comparative studies of prospective
solutions;
1.1.4. Prepare a Report of ENGINEER's findings
and recommendations and furnish five copies of the
Report and review it in person with OWNER.
1.2.1 The duties and responsibilities of
ENGINEER described above are supplemented and
amended as indicated in the cover letter which is
attached to and made a part of the Agreement.
SECTION 2 - ADDITIONAL SERVICES
2.1. If authorized in writing by OWNER,
Additional Services related to the Assignment will
be performed by ENGINEER for an additional
professional fee.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner
so as not to delay the services of ENGINEER:
3.1. Provide all criteria and full information as
HES/ch/P14/Sebast2.AtA -1-
to OWNER's requirements for the Assignment and
designate in writing a person with authority to act
on OWNER's behalf on all matters concerning the
Assignment;
3.2. furnish to ENGINEER all existing studies,
reports and other available data pertinent to the
Assignment, obtain or authorize ENGINEER to
obtain or provide additional reports and data as
required, and furnish to ENGINEER services of
others required for the performance of
ENGINEER's services hereunder, and ENGINEER
shall be entitled to use and rely upon all such
information and services provided by OWNER or
others in performing ENGINEER's services under
this Agreement;
3.3. arrange for access to and make all
provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to
perform services hereunder;
3.4 perform such other functions as are
indicated in the cover letter; and
3.5. bear all costs incident to compliance with
the requirements of this Section 3.
SECTION 4 - PERIOD OF SERVICE
4.1. ENGINEER's Basic Services will be
performed and the Report submitted within the time
period or by the date stipulated in the cover letter.
4.2. ENGINEER's Basic Services under this
Agreement will be considered complete at the earlier
of (1) the date when the Report is accepted by
OWNER or (2) thirty days after the date when the
Report is submitted for final acceptance, plus in
each case, if applicable, such additional time as may
be considered reasonable for obtaining approval of
governmental authorities having jurisdiction to
approve the Report.
4.3 ENGINEER's Additional Services will be
performed and completed within the time period
agreed to in writing by the parties at the time such
services are authorized.
4.4. If any time period within or date by which
any of ENGINEER's services are to be completed is
exceeded through no fault of ENGINEER, all rates,
measures and amounts of compensation and the time
for completion of performance shall be subject to
equitable adjustment.
SECTION 5 - PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services of
ENGINEER.
5. 1.1 For Basic Services. OWNER shall pay
ENGINEER for all Basic Services rendered under
Section 1 (as amended and supplemented by the
cover letter) as follows:
5.1.1.1. On the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly
Rate Schedule".
5.1.2. For Additional Services. OWNER shall
pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.1.3. Reimbursable Expenses. In addition to the
payments provided for in paragraphs 5.1.1. and
5.1.2, OWNER shall pay ENGINEER the actual
costs (except where specifically provided otherwise)
of all Reimbursable Expenses incurred in connection
with all Basic Services and Additional Services.
Reimbursable expenses mean the actual expenses
incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly or indirectly in connection with the Project,
such as expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage.
5.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
HES/ch/P14/Sebast2.AtA -2-
days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of I% per month from said
thirtieth day, and in addition, ENGINEER may,
after giving seven day's written notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all amounts due
for services, expenses and charges.
SECTION 6 - COST CONTROL
6.1. OWNER's budgetary requirements and
considerations in respect of the Assignment are set
forth in Exhibit "A" Estimated Project Costs.
6.2. Opinions of probable construction cost,
financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs
prepared by ENGINEER hereunder will be made on
the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best
judgment as an experienced and qualified design
professional. It is recognized, however, that
ENGINEER does not have control over the cost of
labor, material, equipment or services furnished by
others or over market conditions or OWNERS'
methods of determining their prices, and that any
utilitarian evaluation of any facility to be
constructed or work to be performed on the basis of
the Report must of necessity be speculative until
completion f its detailed design. Accordingly,
ENGINEER does not guarantee that proposals, bids
or actual costs will not vary from opinions,
evaluations or studies submitted by ENGINEER to
OWNER hereunder.
SECTION 7 - GENERAL CONSIDERATIONS
7.1. All documents prepared or furnished by
ENGINEER (and ENGINEER's independent
professional associates and consultants) pursuant to
this Agreement are instruments of service and
ENGINEER shall retain an ownership and property
interest therein. OWNER may make and retain
copies for information and reference; however, such
documents are not intended or represented to be
suitable for reuse by OWNER or others. Any reuse
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, or the ENGINEER's
independent professional associates or consultants,
and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent
professional associates and consultants from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
7.2 The obligation to provide further services
under this Agreement may be terminated by either
party upon thirty days' written notice in the event of
substantial failure by the other party to perform in
accordance with the terms thereof through no fault
of the terminating party. In the event of any
termination, ENGINEER will be paid for all
services rendered and Reimbursable Expenses
incurred to the date of termination and, in addition,
all Reimbursable Expenses directly attributable to
termination.
7.3.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 7.3.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
HES/ch/P 14/Sebast2. AtA -3-
(and said assigns) of each party, in respect of all
covenants, agreements and obligations of the
Agreement.
7.3.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associated and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder.
7.4 Nothing under the Agreement shall be
construed to give any rights or benefits in the
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
party.
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1193
at -excel /H rlyrate/2-65 Spc. S ch
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
G. C. Hartman
Principal, P. E.
$106.00
H. E. Schmidt
Principal Project Manager P E
$106.00
J. E. Christopher
Principal Project Manager P E
$106.00
C. W. Drake
Principal Project Manager P G
$91 09
M. A. Rynning
Principal Project Manager P E
.; .
$91.69
M. I. Luke Principal, Project Manager P.L.S.
.$91.09
R.J. Ori
Financial Manager, CPA MBA
$84.09
W.D. Musser
Engineer VII, P E
$68.79
<.
T.A. Hochuli Engineer Vl, P.E.
$68.79
S. C. Quinlan
Engineer VI P E
$60.52
. .
.. .:.:.... _ .:.....
W. B. Lafrenz
..... ...
Hydrogeologist VI P.G.
$59.88
M.M Alawi
Engineer VI, P E
7.32
G.J. Revoir
Engineer V, P E
3.66
A. T. Woodcock
Engineer V,..P.E.......................:::::::::..:...::.:.:.:::::::::::::..::.......::.::5:':2'34;:
D. P. Dufresne
Hydrogeologist IV, P.G.
$52.24
C. M. Bliss...._..................._.,.,.:.:._::::.::::Engineer
V$5.�,:<6�:.
R. K Cashe
Engineer V P.E.
0.35
0:.,32..
:.:
J J Burgiel
Senior Rate Analyst
9.05
C. L. Harrouff
..,
Administrative Assistant
$49.03
R C Copeland
Senior Rate Analyst, MBA
• $47.78
J. D. Fox
Engineer IV
$46.24
at -excel /H rlyrate/2-65 Spc. S ch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1193
L.W. MitchellEngineer
III
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
YX 1 10
K. R. Liebknecht
.
Survey Crew Chief/Survey Technician II
$32.86
A. T. Gawad
Engineer IV
$46.12
;
K. Wulff
Engineering Design II
$44.39
A K GayEngineer
IV
$44.06
G.R. Crawford
...
Engineer IV, P.L.S.
$41.74
:...:,.
F.A. Brinson
..:....
Engineer III
.. .<..
$37.37
S. G. Neumeyer
Engineering Technician III
$37.37
IMIMIN
R H. Nelson
Engineering Technician III
$35.25
M J. Hudkins
0.1
Engineer III
$35.04
L.W. MitchellEngineer
III
$34.45
D. Jiskoot
Engineering Technician III
$34.05
YX 1 10
K. R. Liebknecht
.
Survey Crew Chief/Survey Technician II
$32.86
.
S. M. Fensterer
Survey Crew Chief/Survey Technician II
$32.20
a,
J.A. Manning
III............:....,..........................................,......,.,..,..........,531.80....
......:.................:.............Engineer
..........:.:..
J. Warner
.'.. .
Engineering Technician II
$31.80
... .. . ,
E. Jenkins
Survey Technician II
$31.80
J A Baker
Senior Word Processor
$30.74
A. R. Terrero
.
Word Processor
$29.42
L. M. Looney
.
Word Processor
$28.62
at-excel/H rlyrate/2-65 S pc. Sch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
at -e xcel /H rlyrate/2-65 Spc. Sch
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
F. Gidus
Hydro Technician 1
$27.83:,
C. C. Tomlinson
Assistant Rate Analyst
S27 30
P. Williamson
Survey Technician II............=......
S27 16
C A Lauretta
Word Processor
$26.63
..
a.:
H. A. Cox
Engineer II
526 50
T.N. Benedico
Word Processor/Receptionist
$22.531
D. Noble
Word Processor
1.20
S.D. Clatchey
Survey Technician I
1.20
L.E. Bennett
Surve Technician 1
0.54
M. Taylor
Reproduction/Courier Support
$20.i'
S. Simon
Reproduction/Courier Support
$19.88
ow
S. C. Cobert
Engineer I
519.08
J.H Alvarez
Engineer I
8.55
C. Cuevas
Secretanal Support
7.36
B D. Marshall
Engineering Technician 1
$15.90
E. Cuevas
Reproduction/Courier Support
$15.90
at -e xcel /H rlyrate/2-65 Spc. Sch
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
January 3, 1994
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
PRINCIPALS
James E. Christophe[ P.E.
Charles W. Dodo, P.G.
Gerald C. Hartman, E E.
Mark 1. Luke, P.L.S.
Stark A. Rynning. P.E.
Harold E. Schmidt. Jr. P.E.
ASSOCIATES:
HAI 1192-023.11WiRlliamtD. Massberi. O.er. PE.
Scott C. Qumian, P.E.
Timothy A. Hochuh, P.E.
Subject: Ammoniation System Design - Trihalomethane Control System for Water
Treatment Plant
Dear Mr. Votapka:
This letter constitutes our engineering proposal to design, permit, inspect, certify and prepare
record drawings for the installation of an ammoniation system at the General Development
Utilities, Inc. (GDU) Filbert Street Water Treatment Plant (WTP) for the purpose of
trihalomethane control. The ammoniation feed system will quench the trihalomethane
formation reaction and limit the formation potential of the compound in the drinldng water.
The cost for survey of the site for which the improvements are to be placed is $650. The final
design drawings and specifications will be prepared on behalf of the City at a cost of $4,500.
The cost for the preparation of the permit application is $500. The cost of the day of
inspection, preparation of record drawings and certification to FDER is $850. Furthermore, it
is our understanding that the City would conduct day-to-day inspections of the construction.
The total survey, engineering, permitting and technical services cost for this assignment
through completion and record drawings is $6,500.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 3
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Accepted by:
Date:
HES/ch
P14/Votapka. l l
Attachment
Very truly yours,
Hartman & Associates, Inc.
Harold nE.Sch idt, Jr., P.E.
Vice President
ATTACHMENT "A°
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated January 3, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 -BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's professional engineering
representative for the Project, providing professional
engineering consultation and advice and furnishing
customary civil, structural, mechanical and electrical
engineering services and customary architectural
services incidental thereto.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and character of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of the types described in the first
subparagraph of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
After written authorization to proceed with the Final
HES/ch
P 14/Votapka2. Scp
Design Phase, ENGINEER shall:
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by contractor(s) (hereinafter called "Drawings") and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.3.2. Provide technical criteria, written
descriptions and design data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms andpertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation of other related
documents.
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After written authorization to proceed with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conferences and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)") for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consult with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare ' bid
tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
services.
1.5. Construction Phase.
During the Construction Phase:
1.5.1. General Administration of Construction
Contract. The OWNER has the right to approve
which of the ENGINEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent and
limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2. Irsits to Site and Observation of
Construction. The City shall provide all
construction site inspection services
associated with this project. The
HES/ch
P14/Votapka2.Scp -2-
ENGINEER shall provide these services at
the request of the OWNER.
1.5.3. Defective Work During such visits and on
the basis of such observations, OWNER may
disapprove of or reject Contractor(s)' work while it
is in progress if OWNER and ENGINEER believes
that such work will not produce a completed Project
that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design
concept of the Project as reflected in the Contract
Documents.
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special inspection or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordinances, tales, orders or the
ct
Contract Documents (but only to determine
generally that their content complies with the
requirements of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER's on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractors) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of such work is generally
in accordance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for in the
Contract Documents and to any other
qualifications stated in the
recommendation). In the case of unit price
work, ENGINEER's recommendations of
payment will include final determinations
of quantities and classifications of such
work (subject to any subsequent
adjustments allowed by the Contract
Documents).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be deemed to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it is
furnished and performed beyond the
responsibilities specifically assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to supervise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety precautions or programs incident
thereto or Contractor(s) compliance with
laws, rules, regulations; ordinances, codes
or orders applicable to their furnishing and
performing the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
for what purposes any Contractor has used
HES/ch
P 14/ Votapka2. Scp -3-
the moneys paid on account of the Contract
Price, or to determine that title to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claims, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should be paid.
1.5.9. Contractor(s)'Completion Documents.
ENGINEER shall receive and review maintenance
and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and
approvals which are to be assembled by
Contractor(s) in accordance with the Contract
Documents (but such review will only be to
determine that their content complies with the
requirements of, and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
comments.
1.5.10. Inspections. ENGINEER shall conduct an
inspection to determine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER
may recommend, in writing, final payment to
Contractors) and may give written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommendation and notice
will be subject to the limitations expressed in
paragraph 1.5.9.2.
1.5.11. Limitation of responsibilities. ENGINEER
shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s)' or subcontractor's or
supplier's agents or employees or any other persons
(except ENGINEER's own employees and agents) at
the site or otherwise furnishing or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 through 1.5.1 1, inclusive, shall
be construed to release ENGINEER from liability
for failure to properly perform duties and
responsibilities assumed by ENGINEER in the
Contract Documents.
SECTION 2 -ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service in respect of the following
categories of work which are usually referred to as
Additional Services.
2.1.1. If OWNER wishes ENGINEER to
perform any of the following Additional
Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services and will be paid therefor as
provided in the Letter Agreement:
-Preparation of applications and supporting
documents for governmental financial
support of the Project in addition to those
required under Basic Services; preparation
or review of environmental studies and
related services; and assistance in obtaining
environmental approvals.
-Services to make measured drawings of or
to investigate existing conditions or
facilities.
-Services resulting from significant changes
in the general scope, extent or character of
the Project or major changes in
documentation previously accepted by
OWNER where changes are due to causes
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing documents for alternate bids
requested by OWNER for work which is
not executed or for out -of --sequence work.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rate
schedules, earnings and expense statements,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Furnishing the services of
independent professional associates or
consultants for other than Basic Services.
-If ENGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, services resulting from the
award of more than one prime contract for
construction, materials, equipment or
services for the Project, or from the
construction contract containing cost plus
or incentive -savings provisions for
Contractor's basic compensation, or from
arranging for performance by persons other
than the principal prime contractors or from
administering OWNER's contracts for such
services.
-Services in connection with field surveys
HES/ch
P14/Votapka2.Scp 4-
for design purposes and engineering
surveys and staking out the work of
Contractor(s).
-Construction site inspection services while
work is in progress.
-Services during out-of-town travel other
than visits to the site.
-Preparation of operating and maintenance
manuals.
-Preparing to serve or serving as a
consultant or witness in any litigation,
arbitration or other legal or administrative
proceeding except where required as part of
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGMEER's control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting . for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the
additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3 -OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property.
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contmctor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of site and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4 -MEANING OF TERMS
4.1. As used herein the term "this Agreement"
refers to the Letter Agreement to which these
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as "Construction Cost") means
the total cost to OWNER of those portions of the
entire Project designed and specified by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest
and financing charges incurred in connection with
the Project or the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [Construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
telephone calls and telegrams; reproduction of
HES/ch
P 14/ V otapka2. Scp 5
reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in
addition to those required under Section 1; and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of
labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OWNER.
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3. 1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table"
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.3.1.3. Reimbursable Expenses. In
addition to the payments provided for in paragraphs
5.3.1.1. and 5.3.1.2, OWNER shall pay
ENGINEER the actual costs (except where
specifically provided otherwise) of all Reimbursable
Expenses incurred in connection with all Basic
Services and Additional Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage.
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of 1 % per month from said
thirtieth day, and in addition, ENGINEER may,
after giving seven day's written notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all amounts due
for services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
HES/ch
P14/Votapka2.Scp -6-
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this
Agreement.
5.6.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any
Agreement to anyone
ENGINEER, and all
undertaken pursuant to
the sole and exclusive
ENGINEER and not f
rights or benefits in this
other than OWNER and
duties and responsibilities
this Agreement will be for
benefit of OWNER and
or the benefit of any other
HES/ch
P 14/Votapka2. Scp -7-
party.
[The remainder of this page was left blank intentionally.]
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE WHR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
G. C. Hartman Principal, P. E. $106.00
.;
H. E. Schmidt Principal, Project Manager P.E. $106.00
J. E. Christopher Principal, Project Manager, P.E. $106.00
C. W. Drake PrincEpal Project Manager P G S91 .09
M. A. Rynning Principal Pro)ect Manager P E
1.09
M. I. Luke Prince al, Pro ect Manager PLS
1.09
,:+4.,.,..,,„. _.,,.. ,, ,,.. ..;a4s^rte::,,+ ... ..�... ;.v: •;t<4.. ;.
•:4
R.J.YOri x m .. M� Financial Manager,^CPA,TMBA Y $84.09
'.»x4,a..a.!.,.C?J.:i!!.^"'•�. xy;,..,Y Ncra»•w., �,«<aw!r++aa r;52w�r..4r:isis,:.;;atiff%2",vwi:2.:SS»..X fir: _�.YMr..: .lSifT'^'�v?}y. :e>wi'A.:
'°e::.><.Y4.Wvi�`i'.`Na•Ss'ia3.���i� i$?6w�ft'sK"e�, ei3�k. �F:3�>.Ki>Y�a:i?m?�� s.,a',:»xw<<iY�3i':;'£:>.:<z<: ',:zr„?>'> .£
W.D. Musser Engineer VII, P.E. $68.79
w.r�Yr::ti4.»a'':�o�'<'n�XY>"°_.w���'�.v`�a»rao+aa£`w>:,a:.K!!ex:2<.a?�'Y�a�ro��'.�'a9�`'"y�!'YA.4$?e4H$i'a»Y.t2<u:�ii:::;Ea:EE'.':..,...:.. x�i'.y,Fu.¢2aru:?z, n•?.'�.tw
T.A. Hochuli Engineer VI, P.E. 568.79
�:xr'.^:.<x iYr�aw4�@,{8.�`^...F'zo'a�Y.S�:waE;:>,,•..w,. A - is . . e<r4::::_;n.,... _..:.....�:`:«:r'
�S. C.4Quinlan � Engineer VI, P.E. 560.52
::'Y! .�tY:ga•%:S::r,;y<.,y5 4r.+,g: '?.�.a'2fY `Y 'OC:!<SYMd4h,'Aiks�'5`ti�'. Y'HN:S.:i%i�4:"�':3E
Y^:%[.'mY:Gni:::'>i:i.'.5:2:5<r!.'i::S:;Avw,.�e: ��✓✓e;E$iLYi..<'ti. OA..vy .:. � ..
>";ag>„-'^: EEi 2gi; �i:;ii:: �:!£ii£:'�::2,g::e bigty . :>n.4n .x:«a<o»ea:< ..r.' . a' y a gs.;�s^1:m;�•p:. xy�gy<.;A_;si:';�:E;ly :;:?A< R ..
W. B. Lafrenz Hydrogeologist VI P.G. 559.88
f':'<;„:�•^ �r,Xv2,..>.:t+,Y^�.<7a!,":z:stts>...o�:ga?>•.:F....,>Y. hs.�`f�a?!'u»,.'otsi�u.3Ys: �r o2,.:?�:. �.'�.e.`,f::e��`.;r'�' ter.;o:"
..::::v4:<.!:iF:?;<>i:<;E .kfdSYi"v,:aa'favi22A-A.^w:v.,»:>i)stf;iR•::W,^�rtox>S:::r:,,i,Y.:,^rcaow»_a cnZ.i2,<f: Sew`'.'u',:«5i @3}Y4.a..
M.M. Alawi Engineer VI, P.E. $57.32„
:'G<4:sk:.. .,. '«2Yoxw «:«ay.;.» :+':2Ct2¢i'va;:?;nrNw �grt•O'G,:iE .;'g
<:Y:M: ..xaaxg;:;. �...+•.w;o_,r«.Y•:;:!4..::.., :...
ar,:tz:: aaxlg5?»o;Y<„<.> ea3".:4>s<tv,.:,:5c:i«.:<x2. .<au_iF:a.<.x .• ?�'3x"a'r
>��.; x. Yr2r. i::f».x.:.^..5.:5:,. �j<., .a..e:2.>::�<:2n�:� oJwanY�,.p; "a";.' ✓7,,>a.;.a;::Ei. .ac..
>:.`:5?R:A;•::.:...E..,a. x.?.A'i,:.y::'»»:�`^2. <;:�ik',v5,i'�.is�:,...aC':.v<c.,!).:lieii.':a`e>maa<TSJ,. i'9�,i <q<.?....... +�»?:c
•,>.0 �s�E�i33ia'azo"'aa.»4:;toe,,..m^,„<-.,r.,5;.;?zSsiw�:Y:a2':�::;i::>:'M',:2::E+.::;r.�.....„,,.owm.e+.k!kx3x,a?am,d��s: Yf'a;w.t:
G.J. „RevoirY Engineer V, P.E. 553.66
0>:4:!!;!:!•;4::._:.v:<::aWx.+.„:.yti:»'_:!;:..?:$';.y..g�:.;.2;.;.);::5:2:.;:2;Y.'N++ ::4ia5 F::ri:GW..'y: "U
bc
aY'!y!F..Wor:.4,Y/.::
..?s.: ata:
4:i):<.y!5«:S:ri<<;.:: y:;..; a:. ...»'<>:>Ua+.:...:_:::.:: !4r:;; �•'g:. (.:.
grS:i.Y:i'::;o::�....... � .._ n,<x>x•Lc;,'4"°:!..: �::.:.x+., .,.<.4::'r.:SJnx:r:.::.... ............... r.. Y ,..:.._:.,>t. Y :..... ,.•.
euu: _:.•::<n::;2:;'`2e+:.`....... ^,»:;. <o'..:eu.:a..m:<Nr.Srs.:a........,,.�.e>x
A. T. Woodcock Engineer V, P.E. 552.34
xD.VP.�Dufresne•� HydrogeologistlV, P.G.
5
,,.�.,aswM....�.H,..:.;:Y,>Y:<�;.x..»Y.t:,,.x.:, .•,w+. x5<.:<«;<4,.„<.>�.,:!;•.„!.,.r:,N++,+•..,^.•...,.•.,�..•^::.•.x.Y:!!;.:;t,.,wµ<,.�,,.;•.i< x.;><;
C. M. Bliss Engineer V $51.60
r $t
$r:+:.n...;.i\,>'H.!:>..Y>:.;:v;%CY;>Y:<q>H,<.<r:.i:.rr>riv'ha.:va<.> .. .::. ". . ,.++•J,n .nn H: <4:5:,:+h.vv;:<:[
R. K. Cashe Engineer V, P.E. $50.35
r`ba
e..:.ae.............. „^ 0.32
T�. `J. ,Sievers � `<aHyd og g
!:<::r,!:si' •' xi?E.u!vx ;;.:na5 r;Er;.ut' �:St:,r.;
-,>:W?.;<:.;x..>:-:ems ,r'......:. ;.,. ;.., xr4m; ;:.,, 4N4<s!n::i+:.:44.4.�[�r)?:y::�.:a..:.....eY'a:.,r, •.;^ '�Sa?..
J. J. Burgiel Senior Rate Analyst 549.05
Wel-;"Y3,:.;
x�s�"'' -na'. Z�r.3?k .,4v,:Yrr.�;Y2, :t:,..??!: ' _, wxm;:.c.,<^"r`•Is .+i .`.. .� -.„..ax;9.E
C. L. Harrouff Administrative Assistant 549.03
R. C. Copeland Senior Rate Analyst, MBA Y µ $47.78
q•2>:c:E�g2:iE%S:i: f..&'::�" gY;�.;:;sy<';o' :rvc?•�q""<fur"�.Nsazl�o`%yg�`�"��li»:�:5:'vi"�:u .s �.
sr!tii`:g:@:S!:,a:5:2!G»:O,..r :/. ^hau.i.F:..::.. ?''e. �,�,;.,„x, ....;a;�a..7.55.'�:5.,:.,, ez.,r::nnxx..,:..:,: _:,,::.Y:::,.Y4 •/r!gE..4.: i
:s�£ .:^`s;'=ir ssiz`s!"{i'vi':':�:»»e•:r.;.'-:c:a�s.!„h';a>......._._......._...,.e.....'n i::(�"n vuux
Jhue;Yllerb!✓.:22^::x:::55.>;»n�.._:`G:f:'.'Ail:::!<`::`eiv._ ..c.,.nu,..Y.,n...u:..c.u.. ^.a......:..:4».:;:!:::
at-excel/H rlyrate/2-65 Spe- Sch
"EXHIBIT A"
HART/NANAND ASSOCIATES, INC.
HOURLY RATE SCHEDULE MHR)
EFFECTIVE 7/1/93
ot'oxce|0Hdyra0:/2'05Spc.Sch
xoonLY
EMPLOYEE
CLASSIFICATION
oxTs
A T Ga adEn
ioeer|V
$46.12
Wulff
Engineering Design 11
$44.39
A.K.K.
day
Engineer |V
$4406
GRCrawfun1
Engineer IV, PLS
$4174
F.A.Brinson
Engineer |||
gas limmmimmmmmummm
$37.37
S GNeurneyer
Engineering Technician U|
$3737
R. H. Nelson
Engineering Technician
$35.25
MJ H dWno
Engineer |||
$3504
W. Wasson
Hydrogeologist ||
$ 35.
C Gaylord
7./\Cuzoretta
Engineering Technician |||
$3443
L.W.Mitchell
Engineer |||
$3445
V Jiukuot
EngineeringTechnician |||
�3405
K R Uobk000ht
Survey Technician U $3286
M. Fensterer
Survey
J.A. Manning
Engineer |U
$3180
J. Warner
Engineering Technician ||
$3180
E Jenkins
Survey Technician ||
$31.80
J.A.Oakor
Senior Word Processor
$30.74
A. R.Tar/ero
Word Processor
$28.42
L. M.Loonov
Word Processor
$28.62
ot'oxce|0Hdyra0:/2'05Spc.Sch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1193
HOURLY
EMPLOYEE CLASSIFICATION RATE
F. Gidus Hydro Technician 1 $27.83
C. C. Tomlinson Assistant Rate Analyst $27.30
P. Williamson Survey Technician 11 $27.16
C.A. Lauretta Word Processor $26.63
H. A. Cox Engineer 11 $26.50
EMS
T.N. Benedico Word Processor/Receptionist $22.53
D. Noble Word Processor $21.20
L.E. Bennett Survey Technician 1 $20.54
M. Taylor M Reproduction/Courier Support $20.14
S. Simon Reproduction/Courier Support $19.88
S. C. Colbert Engineer 1 $19.08
J.H. Alvarez Engineer 1 $18.55
C. Cuevas Secretarial Support $17.36
B.D. Marshall Engineering Technician 1 $15.90
:0xMM
NO.
0
E. Cuevas Reproduction/Courier Support $15.90
at-excel/H rlyrate/2-65 S pe. Sch
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
SUBJECT:
Utilities Engineering and
Construction projects
Approval for Submittal By:
City Manager:
Agenda No.
Dept. of Origin Utilities
Utilities Director!?
Date Submitted: January 5, 1994
For Agenda Of: January 12, 1994
Exhibits: Hartman & Associates,
Inc. Proposal
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: $90,340 BUDGETED: REQUIRED: $90,340
SUMMARY STATEMENT
In keeping with the 1993 Bond Official Statement for the
City's utility system, I would like to proceed with several
Projects as described in the Bond Engineering Report as follows:
1. Ammoniation System Design - Trihalomethane Control System for
Water Treatment Plant
Total Cost $22,000
2. Barber Street (f/k/a Stratton Avenue) 10" water main project
to connect Park Place/Palm Lake Club to the City owned
Sebastian Highlands water distribution system $47,083
3. Park Place Interconnection to the City of Sebastian (f/k/a
GDU) Wastewater Treatment plant to eliminate the County from
treating the sewage
Engineering, Survey, Permit
Application and Certification $21,260
Project 1 shall be funded from Bond proceeds; projects 2 & 3 shall
be funded through impact fees.
RECOMMENDED ACTION
I recommend that the City Council approve the above projects.
o(JtG'"'4" ,ev ,,,1 HARTMAN & ASSOCIATES, INC.
LMS / PNINCIMLS
���� engineers, hydrogeologists, surveyors & management consultants Jamo E. Chrh,.=. P.P.
CIn o W, DnYS P.G
G Id Ha Aman, OL
Mirk 1. L.Lc. PL I
4�6..�,1y'YI�L 1L w.Jd Rhmla L. Jr.. P E.
CJ'�T ASSOCIATE,
A s P January 3, 1994 HAI #92-023.11 IN' ManMg aEA.
SCM& n,
o% NAI.ft A. Quin Hn. RL
Timollfy n. Ha[nal{, PQ
//5/1"F
AeA/
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Ammoniation System Design - Trihalomethane Control System for Water
Treatment Plant
Dear Mr. Votapka:
This letter constitutes our engineering proposal to design, permit, inspect, certify and prepare
record drawings for the installation of an ammoniation system at the General Development
Utilities, Inc. (GDU) Filbert Street Water Treatment Plant (WTP) for the purpose of
trihalomedwe control. The ammoniation feed system will quench the trihalomethane
formation reaction and limit the formation potential of the compound in the drinking water.
The cost for survey of the site for which the improvements are to be placed is $650. The final
design drawings and specifications will be prepared on behalf of the City at a cost of $4,500.
The cost for the preparation of the permit application is $500. The cost of the day of
inspection, preparation of record drawings and certification to FDER is $850. Furthermore, it
is our understanding that the City would conduct day-to-day inspections of the construction.
The total survey, engineering, permitting and technical services cost for this assignment
through completion and record drawings is $6,500.
301 EAST' PINE STREET - SUITE 1000 • ORLANDO, PL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO PORT MYERs JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votaplm, P.E_
January 3, 1994
Page 2
The engineer's cost estimate for this project is as follows:
Yard piping - $750.
Slabs and site preparation - $1,500.
Metering equipment, valves, gauges, and related instrumentation - $11,840.
Total Construction Cost $14,090
Contingency at 10% $1,410
TOTAL CONSTRUCTION COST ESTIMATE $15,500
TOTAL ENGINEERING SERVICES $6,500
TOTAL PROJECT COST $22,000
The above is a conceptual cost estimate and subject to revision once specific client desires are
obtained and field investigations are completed.
The project schedule would be to have the design complete within one (1) month of notice to
proceed;. permitting complete within three (3) months thereafter; and construction complete
within seven (7) months thereafter.
In addition, our General Provisions for design, bidding and construction services are provided
in Attachment "A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoir, III, P.E., and Ms. Jill A. Manning for the duration of the
project. Assisting our project team for construction services will be Mr. Harold E. Schmidt,
Sr., P.E. As with all our projects with the City, we are committed to provide a quality and
cost-effective project.
HARTMAN & ASSOCIATES, INC.
PRI.\CII'AI b
engineers, hydrogeologists, surveyors & management consultants
m=, E Chnso,har, 1'.E.
Charts W. I1ukc, PG.
Garold C Hnnun, u;
Mark 1. Lnke, P L.].
Mark A. RynninR, IU::.
Handd E. khmldt. J[. IU::.
ASSO(Il Al I S
January 3, 1994 HAI f/92-023.11
W'1Z.s HA
'D'W-,P
sl. , C. Qmnlan. PF
Timothy A- ILmhuli. P E
�,1�'� . /I �,o
IW
1
5tP
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebas'an
P.O. Box 7801
Sebastian, Florida 32978-0127
Subject: Ammon' tion System Design - Trihalomethane Corol System for Water
Dear Mr. Votapka:
This letter constitutes our enginee ' g proposal to design, permit, inspect, certify and prepare
record drawings for the installation f an ammoniation system at the General Development
Utilities, Inc. (GDU) Filbert Street W
trihalomethane control. The ammoni
formation reaction and limit the formation
The cost for survey of the site for which the i o
design drawings and specifications will be epar
The cost for the preparation of the pe,pfnit appl.
inspection, preparation of record drawi s and cert
is our understanding that the City w uld conduct
The total survey, engineering, pe 'tting and b
through completion and record dr wings is $9,500.
.trent Plant (WTP) for the purpose of
/system will quench the trihalomethane
of the compound in the drinldng water.
:ments are to be placed is $650. The final
on behalf of the City at a cost of $7,500.
on is $500. The cost of the day of
Eon 'o FDER is $850. Furthermore, it
y inspections of the construction.
services cost for this assignment
201 EAST PINE STREET • SUITE 1000 - ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 2
The engineer's cost estimate for this project is as follows:
Site preparation and clearing - $500. �!�'S I A 1'14
Yard piping - $2,750.
Slabs and site preparation - $1;550.
Metering equipment, valves, gauges, and relaed instrumentation - $11,350.
Electrical - $1,850.
Total $20,000
Contingency at 10% $2,000
TOTAL $22,000
The above is a conceptual cost estimate and subject to revision once specific client desires are
obtained and field investigations are completed.
The project schedule would be to have the design complete within one (1) month of notice to
proceed; permitting complete within three (3) months thereafter; and construction complete
within seven (7) months thereafter.
In addition, our General Provisions for design, bidding and construction services are provided
in Attachment "A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoir, III, P.E., and Ms. Jill A. Manning for the duration of the
project. Assisting our project team for construction services will be Mr. Harold E. Schmidt,
Sr., P.E. As with all our projects with the City, we are committed to provide a quality and
cost-effective project.
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 3
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Accepted by:
Date:
HES/ch
P14/Votapka. l l
Attachment
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schmi , Jr., P.E.
Vice President
ATTACHMENT "A"
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated January 3, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 -BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's professional engineering
representative for the Project, providing professional
engineering consultation and advice and furnishing
customary civil, structural, mechanical and electrical
engineering services and customary architectural
services incidental thereto.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and character of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of the types described in the first
subparagraph of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
After written authorization to proceed with the Final
HES/ch
P14/Votapka2.Scp -I-
Design Phase, ENGINEER shall:
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by Contractor(s) (hereinafter called "Drawings') and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.3.2. Provide technical criteria, written
descriptions and design data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation of other related
documents.
1.3.5. Furnish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After written authorization to proceed with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conferences and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractors) (herein called "Contractor(s)") for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consult with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
services.
1.5. Construction Phase.
During the Construction Phase:
1.5.1. General Administration of Construction
Contract. The OWNER has the right to approve
which of the ENGINEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent and
limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2. 14sits to Site and Observation of
Construction. The City shall provide all
construction site inspection services
associated with this project. The
HES/ch
P14/Votapka2.Scp -2-
ENGINEER shall provide these services at
the request of the OWNER.
1.5.3. Defective Work. During such visits and on
the basis of such observations, OWNER may
disapprove of or reject Contractor(s)' work while it
is in progress if OWNER and ENGINEER believes
that such work will not produce a completed Project
that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design
concept of the Project as reflected in the Contract
Documents.
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special inspection or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordinances, codes, orders or the
Contract Documents (but only to determine
generally that their content complies with the
requirements of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER's on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of such work is generally
in accordance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for in the
Contract Documents and to any other
qualifications stated in the
recommendation). In the case of unit price
work, ENGINEER's recommendations of
payment will include final determinations
of quantities and classifications of such
work (subject to any subsequent
adjustments allowed by the Contract
Documents).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be deemed to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it is
furnished and performed beyond the
responsibilities specifically assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to supervise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety precautions or programs incident
thereto or Contractor(s) compliance with
laws, rules, regulations, ordinances, codes
or orders applicable to their furnishing and
performing the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
for what purposes any Contractor has used
HES/ch
P14/Votapka2.Scp -3-
the moneys paid on account of the Contract
Price, or to determine that title to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claims, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should be paid.
1.5.9. Contractor(s)'Completion Documents.
ENGINEER shall receive and review maintenance
and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and
approvals which are to be assembled by
Contractor(s) in accordance with the Contract
Documents (but such review will only be to
determine that their content complies with the
requirements of, and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
comments.
1.5.10. Inspections. ENGINEER shall conduct an
inspection to determine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER
may recommend, in writing, final payment to
Contractor(s) and may give written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommendation and notice
will be subject to the limitations expressed in
paragraph 1.5.9.2.
1.5.11. Limitation of responsibilities. ENGINEER
shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s)' or subcontractor's or
supplier's agents or employees or any other persons
(except ENGINEER's own employees and agents) at
the site or otherwise furnishing or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 through 1.5.1 1, inclusive, shall
be construed to release ENGINEER from liability
for failure to properly perform duties and
responsibilities assumed by ENGINEER in the
Contract Documents.
SECTION 2 -ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service in respect of the following
categories of work which are usually referred to as
Additional Services.
2.1.1. If OWNER wishes ENGINEER to
perform any of the following Additional
Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services and will be paid therefor as
provided in the Letter Agreement:
-Preparation of applications and supporting
documents for governmental financial
support of the Project in addition to those
required under Basic Services; preparation
or review of environmental studies and
related services; and assistance in obtaining
environmental approvals.
-Services to make measured drawings of or
to investigate existing conditions or
facilities.
-Services resulting from significant changes
in the general scope, extent or character of
the Project or major changes in
documentation previously accepted by
OWNER where changes are due to causes
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing documents for alternate bids
requested by OWNER for work which is
not executed or for out -of -sequence work.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rete
schedules, earnings and expense statements,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Furnishing the services of
independent professional associates or
consultants for other than Basic Services.
-If ENGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, services resulting from the
award of more than one prime contract for
construction, materials, equipment or
services for the Project, or from the
construction contract containing cost plus
or incentive -savings provisions for
Contractor's basic compensation, or from
arranging for performance by persons other
than the principal prime contractors or from
administering OWNER's contracts for such
services.
-Services in connection with field surveys
HES/ch
P14/Votapka2.Scp -4-
for design purposes and engineering
surveys and staking out the work of
Contractor(s).
-Construction site inspection services while
work is in progress.
-Services during out -0f --town travel other
than visits to the site.
-Preparation of operating and maintenance
manuals.
-Preparing to serve or serving as a
consultant or witness in any litigation,
arbitration or other legal or administrative
proceeding except where required as part of
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the
additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3 -OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property.
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of site and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4 -MEANING OF TERMS
4.1. As used herein the term "this Agreement"
refers to the Letter Agreement to which these
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as "Construction Cost") means
the total cost to OWNER of those portions of the
entire Project designed and specified by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest
and financing charges incurred in connection with
the Project or the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [Construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
telephone calls and telegrams; reproduction of
HES/ch
P14/Votapka2.Scp 5-
reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in
addition to those required under Section 1; and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of
labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OWNER.
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table"
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.3.1.3. Reimbursable Expenses. In
addition to the payments provided for in paragraphs
5.3.1.1. and 5.3.1.2, OWNER shall pay
ENGINEER the actual costs (except where
specifically provided otherwise) of all Reimbursable
Expenses incurred in connection with all Basic
Services and Additional Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for. transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage.
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of I % per month from said
thirtieth day, and in addition, ENGINEER may,
after giving seven day's written notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all amounts due
for services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
HES/ch
P14/Votapka2.Scp -6-
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this
Agreement.
5.6.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any rights or benefits in this
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
HES/ch
P14/Votapka2.Scp -7-
party.
[The remainder of this page was left blank intentionally.]
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE WHR)
EFFECTIVE 7/1/93
at-exce I/H rlyrate/2-65 S pc. Sch
HOURLY
EMPLOYEE
CLASSIFICATION RATE
G. C. Hartman
Principal, P. E. $106.00
>:x.,w>:.;;n:w"t:f{fi<. 9t9•:<:'<t:S:f:at,:::.<.:,w'
H. E. Schmidt
Principal, Project Manager, P.E. $106.00
i ,�...: K `a>'e<o' ".<y .�'N.. ..> „S"<;'<. f ".:?:o.�.::...:.::......,4,w;,N.iky'�::a5f,.:, . k6N d^:•
.... .....r..9::k.... o .o�cd 2 .9 .
J E. Christopher
Principal, Project. Manager, P E $106.00
� o"w Z
,�
' ^<i •F.,i�Q LS»o < ' 4Ni»�nF<a i�'.<`o::)�fA WO
... ...::
C. W. Drake
Principal, Project Manager, P.G. $91.09
SNC'a 6' N »' r r�
`:J:6s:ko ai ...i>�N•4c' %1>'Yivi.3o`�',+aov�r:.' _ 8i
'
I:3. kR.,e:.,: ,/„.....,.....Y.a9s<d
M. A. Rynning
Principal, Project Manager, P.E. $91.09
Ry`�i»>`9�y
HE
M I. Luke
Principal, Project Manager, P.L.S. $91.09
R.J. Ori
Financial Manager, CPA, MBA $84.09
W.D. Musser
J
Engineer VII, P.E. $68.79
T.A. Hochuli
Engineer VI, P.E. S68.79
}
•.,0� J\`iCi4�,A:F`W 5
Ur: :i4['
✓iiA��>`4C
X..4n:..:. °E .,..v ,: v. �. v°Y<`'f:,` F"p
S. C. Quinlan
Engineer VI, P.E. 560.52
W B Lafrenz
Hydrogeologist VI P G. 559.88
��.. o� '.S<3`<Y>'�>."ri4. ¢°`'a'9w#�ce'23J. o�i�°i'�',,':�'.n�✓°9�4�',�v..e"e$?:oiQ:: �`p5�;C>a.2£w
o'�FN,.iY:«S:RS';�C,:::r.'uku
..k
.-0:i n'oi2:f>a�e:Y.' di.`WA'H.
M.M. Alawi
Engineer V1, P.E. $57.32
�c:`:iJ.ES:II:;J.4t.K4`YH.� :Afiw"�
G.J. Revoir
�ka'A: k✓�.''fFk�°£.:�.°�£"9mwv:i.�`AfS:�s��.(
Engineer V, P.E. S53.66
A. T. Woodcock
Engineer V, P.E. 552.34
SiQrc:55m.�mj'
O. P. Dufresne
Hydrogeologist IV, P.G. 552.24
C. M. Blissn
V w
Engi eer551.60
�' .':::t�sv;:`.'o:;�.;;: " �:$'.'aY"!u>3r..•>w�.`Y'r.:�ir.:D;;' \2w-.
w gN
;>';,<fa'»��> ^'.;13?z: "N9.'ii>wJ`i?" : •.xx¢2�' �...i:,.� 9 a �.._a4:M"•.0 5x;•ym"��ni^"..."ef:,'..<�7'r"
3a4¢3�.v:$>i ... aC:tYiZ.A<`d..v:':i;:...v.'..a�'ga�v"' '-'""
R. K. Cashe
,t§' i f.2vAA� .:�:.�. .S.O�x:�,'Ya'�^•Z>:geiS:�'°ao.f:.`'t�::Sw i:>».',LLfi�
Engineer V, P.E. 550.35
T. J. Sievers
Hydrogeologist IV S50.32
J. J. Burgiel
Senior Rate Analyst $49.05
:.�Ya 9 �„�+G.`w°.ed\.:.
by. '• � ax.4'd^.Y'.. 3jb". S'gGS�8�"
C. L. Harrouff
Administrative Assistant $49.03
R. C. Copeland
Senior Rate Analyst, MBAw $47,78
J. D. Fox
Enoineer IV SaR �a
at-exce I/H rlyrate/2-65 S pc. Sch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION RATE
A. T. Gawad Engineer IV $46.12
:i
n.x?4
.?9NY`Ja
k{.
�.`'.
: .>
isi sV'IY.i('vKS>'nC':::i>i::iCJv'i sRT:v:J..C.i:C'iSl'ntrn:'>Y2\4f..On h`i>A.i:.�(
K. Wulff Engineering Design II $44.39
A.K. uay
Engineer IV
$44.06
t:>'ev:>yr::�f.•"'t`.3.`;:d ��:s1>.:�x°�>�'?M�,uk "Y�:�i' .�r:>.sn?csi''i4iin":. 4yo...x :.. >Y.
G.R. Crawford
Engineer IV, P.L.S.
S41.74
p : tr : 4�C3 G
`'nC�O.:C�..`K,,.u„z.`��: �;:5�jtr!'•+�'.R}�'" q[ ���J� :��.:,?
F.A. Brinson
Engineer III
537.37
.....
S. G Neumeyer
Engineering Technician III
537.37
R. H. Nelson
Engineering Technician III
535.25
L.. m. uayiora
Senior Word Processor
$34.98_
T. A. Calzaretta
Engineering Technician III
534
.....
L.W. Mitchell
Engineer III
g34.45u
YY
D. Jiskoot
Engineering Technician III
S34.05
ikY:.Y;Y<,
•xa x ...gx�ir>".:: c'`'v'..ro
K. R. Liebknecht
Survey Crew Chief/Survey Technician 11
$32 86
.
.20
1.800
at-excel/H rlyrate/2-65Spc.Sch
"EXHIBIT A"
$21.20
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
$20.54
EFFECTIVE 7/11/93
$20.14
HOURLY
EMPLOYEE CLASSIFICATION
RATE
F. Gidus Hydro Technician 1
$27.83
Rl�
C. C. Tomlinson Assistant Rate Analyst
$27.30
P. Williamson Survey Technician 11
$27.16
C.A. Lauretta Word Processor
$26.63
H. A. Cox Engineer 11
$26.50
J.H. Alvarez
11�141
C. Cuevas
902M
B.D. Marsha
E. Cuevas
at-excel/Hrlyrate/2-65Spc.Sch
Word Processor $21.20
Technician 1
$21.20
Technician 1
IMINEMBSKERWAIWAM
$20.54
iction/Courier Support
$20.14
- =-G ,
MS. -EVII'MMSE,
N
becretarial t5upport $17.36
gtmw w:
IN=
Engineering Technician 1 $15.90
Reproduction/Courier Support $15.90
HARTMAN & ASSOCIATES, INC.
PRINCIPALS:
engineers, hydrogeologists, surveyors & management consultants James E. Christopher. P E.
Charles W. Drake, P G.
Genital C. Hartman. P E.
January 3, 1994 HAI #92-023.1 MarkR 1. anisake, PLL
Mark A. Rynnine. P E.
amid E. Schmidt. Jc. P E.
ASSOCIATES
Robert J. Orl, M.B.A.
willlam D. Mass.,, P.E.
Scary C. Quinlan, P.E.
Timothy A. Hochull. P.E.
\
01D
Mr. Richard B. Votapka, P.E. V
Utilities Director /
City of Sebastian /
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Straton Avenue 10 -inch Water Main Project
Dear Mr. Votapka:
This proposal is to design, permit, inspect, certify and prepare record drawings for the
installation of a 18 -inch PVC DR Class 18 water main with fire hydrants from the Park Place
Water Treatment Plant (WTP) site on the south side of Stmton Avenue to the 6 -inch looped
water main at the intersection of Straton Avenue and Barber Street. The water main will be
approximately 2,000 feet long and shall include all valving, hydrants and specials necessary to
properly interconnect the Park Place system with the General Development Utilities, Inc.
(GDU) system. Note that this interconnection will also provide service to Palm Lake Club.
Our engineering proposal for these services is as follows:
1. Field surveys - $1,580.
2. Engineering design and specifications - $3,500.
3. Florida Department of Environmental Protection (FDEP) permit fee - $500.
4. FDEP permit preparation - $250.
5. Project testing inspection and witnessing of pressure tests, and receipt of bacteriological
sampling to be forwarded to FDEP for clearance of the project - $500.
6. The assumption is that day-to-day inspections would be conducted by the City of
Sebastian as warranted and that Hartman & Associates, Inc. (HAI) would provide
services at the project testing and completion standpoint - $ N/A .
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 2
7. Project certification and record drawings - $620.
Total Engineering Services - $6,950
Our engineer's cost estimate is as follows:
1. Tie-ins at Park Place WTP and Barber Street - $3,000.
2. Four (4) open cuts - $4,000.
3. Five (5) 6 -inch gate valves and one (1) 10 -inch gate valve - $6,080.
4. One (1) fire hydrant - $1,720.
5. Specials, fittings and associated plugs, etc. - $3,900.
6. Approximately 2,000 linear feet of 8 -inch DR Class 18 PVC furnished and installed -
$24,100.
Total Construction Costs - $42,800
Contingency at 10% - 4.280
Total Construction Cost Estimate - $47,080
The schedule for this project would involve one (1) month for design, one (1) month for
permitting, sixty (60) days for construction, and twenty (20) days for testing, clearance and
project completion.
The above represents our estimate of a normal work schedule and completing the assignment.
If the City wishes to expedite the assignment, this can also be accomplished.
In addition, our General Provisions for design, bidding and construction services are provided
in Attachment "A" and made a part of this Agreement.
I will be the Principal -in -Charge of this project throughout its duration. I will be assisted
primarily by Mr. Gary ReVoir, III, P.E., and Ms. Jill A. Manning for the duration of the
project. Assisting our project team for construction services will be Mr. Harold E. Schmidt,
Sr., P.E. As with all our projects with the City, we are committed to provide a quality and
cost-effective project.
Mr. Richard B. Votapka, P.E.
January 3, 1994
Page 3
If this proposal is satisfactory to you, please sign one (1) copy and return it to our office for
our records. If, however, you should have any questions, please do not hesitate to call me.
Accepted by:
Date:
HES/ch
P 14/Votapka. 12
Attachment
Very truly yours,
Hartman && Associates, Inc.
Harold fE.Schtit,tr., P.E.
Vice President
ATTACHMENT "A"
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated January 3, 1994, between
City of Sebastian, Florida (OWNER) and Hartman
& Associates, Inc. (ENGINEER) in respect of the
Project described therein.
SECTION 1 -BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform for OWNER
professional engineering services in all phases of the
Project to which this Agreement applies as
hereinafter provided. These services will include
serving as OWNER's professional engineering
representative for the Project, providing professional
engineering consultation and advice and furnishing
customary civil, structural, mechanical and electrical
engineering services and customary architectural
services incidental thereto.
1.2. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.2.1. In consultation with OWNER and on the
basis of the accepted Study and Report documents,
determine the general scope, extent and character of
the Project.
1.2.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary
drawings, outline specifications and written
descriptions of the Project.
1.2.3. Advise OWNER if additional data or
services of the types described in the first
subparagraph of paragraph 3.2 are necessary and
assist OWNER in obtaining such data and services.
1.2.4. Based on the information contained in the
preliminary design documents, submit an opinion of
probable Total Project Costs.
1.2.5. Furnish five copies of the above
Preliminary Design documents and present and
review them in person with OWNER.
1.3. Final Design Phase.
After written authorization to proceed with the Final
HES/ch
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Design Phase, ENGINEER shall:
1.3.1. On the basis of the accepted Preliminary
Design documents and the revised opinion of
probable Total Project Costs, prepare for
incorporation in the Contract Documents final
drawings to show the general scope, extent and
character of the work to be furnished and performed
by Contractor(s) (hereinafter called "Drawings") and
Specifications (which will be prepared in
conformance with the sixteen division format of the
Construction Specifications Institute).
1.3.2. Provide technical criteria, written
descriptions and design data for OWNER's use in
filing applications for permits with or obtaining
approvals of such governmental authorities as have
jurisdiction to approve the design of the Project, and
assist OWNER in consultations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the
latest opinion of probable Total Project Costs caused
by changes in general scope, extent or character or
design requirements of the Project or Construction
Costs. Furnish to OWNER a revised opinion of
probable Total Project Costs based on the Drawings
and Specifications.
1.3.4. Prepare for review and approval by
OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the
Engineers' Joint Contract Documents Committee),
and assist in the preparation of other related
documents.
1.3.5. Fumish five copies of the above documents
and of the Drawings and Specifications and present
and review them in person with OWNER.
1.4. Bidding or Negotiating Phase.
After written authorization to proceed with the
Bidding or Negotiating Phase, ENGINEER shall:
1.4.1. Assist OWNER in advertising for and
obtaining bids for each separate prime contract for
construction, materials, equipment and services;
and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend prebid conferences and
receive and process deposits for Bidding
Documents.
1.4.2. Issue addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
1.4.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)") for
those portions of the work as to which such
acceptability is required by the Bidding Documents.
1.4.4. Consult with OWNER concerning and
determine the acceptability of substitute materials
and equipment proposed by Contractors) when
substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.4.5. Attend the bid opening, prepare bid
tabulation sheets and assist OWNER in evaluating
bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and
services.
1.5. Construction Phase.
During the Construction Phase:
1.5.1. General Administration of Construction
Contract. The OWNER has the right to approve
which of the ENGINEER's employees or agents that
will be providing the services hereunder.
ENGINEER shall consult with and advise OWNER
and act as OWNER's representative as provided in
Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Contract,
No. 1910-8 (1983 edition) of the Engineers' Joint
Contract Documents Committee. The extent and
limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except as ENGINEER may agree in writing. All of
OWNER's instructions to Contractor(s) will be
issued through ENGINEER who will have authority
to act on behalf of OWNER to the extent provided
in said Standard General Conditions except as
otherwise provided in writing.
1.5.2. Visits to Site and Observation of
Construction. The City shall provide all
construction site inspection services
associated with this project. The
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P14/Votapka2.Scp -2-
ENGINEER shall provide these services at
the request of the OWNER.
1.5.3. Defective Work. During such visits and on
the basis of such observations, OWNER may
disapprove of or reject Contractor(s)' work while it
is in progress if OWNER and ENGINEER believes
that such work will not produce a completed Project
that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design
concept of the Project as reflected in the Contract
Documents.
1.5.4. Interpretations and Clarifications.
ENGINEER shall issue necessary interpretations and
clarifications of the Contract Documents and in
connection therewith prepare work directive changes
and change orders as required.
1.5.5. Shop Drawings. ENGINEER shall review
and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in
the aforesaid Standard General Conditions), samples
and other data which Contractor(s) are required to
submit, but only for conformance with the design
concept of the Project and compliance with the
information given in the Contract Documents. Such
reviews and approvals or other action shall not
extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions
and programs incident thereto.
1.5.6. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute materials
and equipment proposed by Contractor(s), but
subject to the provision of the second subparagraph
of paragraph 2.1.2.
1.5.7. Inspections and Tests. ENGINEER shall
have authority, as OWNER's representative, to
require upon approval by the OWNER's
representative, special inspection or testing of the
work, and shall receive and review all certificates of
inspections, testings and approvals required by laws,
rules, regulations, ordinances, codes, orders or the
Contract Documents (but only to determine
generally that their content complies with the
requirements of, and the results certified indicate
compliance with, the Contract Documents).
1.5.8. Applications for Payment. Based on
ENGINEER's on-site observations as an
experienced and qualified design professional, on
information provided by the Resident Project
Representative and on review of applications for
payment and the accompanying data and schedules:
1.5.8.1. ENGINEER shall determine the
amounts owing to Contractor(s) and
recommend in writing payments to
Contractor(s) in such amounts. Such
recommendations of payment will
constitute a representation to OWNER,
based on such observations and review, that
the work has progressed to the point
indicated, and that, to the best of
ENGINEER's knowledge, information and
belief, the quality of such work is generally
in accordance with the Contract Documents
(subject to an evaluation of such work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for in the
Contract Documents and to any other
qualifications stated in the
recommendation). In the case of unit price
work, ENGINEER's recommendations of
payment will include final determinations
of quantities and classifications of such
work (subject to any subsequent
adjustments allowed by the Contract
Documents).
1.5.8.2. By recommending any payment
ENGINEER will not thereby be deemed to
have represented that exhaustive,
continuous or detailed reviews or
examinations have been made by
ENGINEER to check the quality or
quantity of Contractor(s)' work as it. is
furnished and performed beyond the
responsibilities specifically assigned to
ENGINEER in this Agreement and the
Contract Documents. ENGINEER's
review of Contractor(s)' work for the
purposes of recommending payments will
not impose on ENGINEER responsibility
to supervise, direct or control such work or
for the means, methods, techniques,
sequences, or procedures of construction or
safety precautions or programs incident
thereto or Contractor(s) compliance with
laws, rules, regulations, ordinances, codes
or orders applicable to their furnishing and
performing the work. It will also not
impose responsibility on ENGINEER to
make any examination to ascertain how or
for what purposes any Contractor has used
HES/ch
P14/Votapka2.Scp -3-
the moneys paid on account of the Contract
Price, or to determine that title to any of
the work, materials or equipment has
passed to OWNER free and clear of any
lien, claims, security interests or
encumbrances, or that there may not be
other matters at issue between OWNER and
Contractor that might affect the amount that
should be paid.
1.5.9. Contractor(s)'Completion Documents.
ENGINEER shall receive and review maintenance
and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and
approvals which are to be assembled by
Contractor(s) in accordance with the Contract
Documents (but such review will only be to
determine that their content complies with the
requirements of, and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents);
and shall transmit them to OWNER with written
comments.
1.5.10. Inspections. ENGINEER shall conduct an
inspection to determine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER
may recommend, in writing, final payment to
Contractor(s) and may give written notice to
OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein
expressed), but any such recommendation and notice
will be subject to the limitations expressed in
paragraph 1.5.9.2.
1.5.11. Limitation of responsibilities. ENGINEER
shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s)' or subcontractor's or
supplier's agents or employees or any other persons
(except ENGINEER's own employees and agents) at
the site or otherwise furnishing or performing any of
the Contractor(s)' work; however, nothing contained
in paragraphs 1.5.1 through 1.5.1 1, inclusive, shall
be construed to release ENGINEER from liability
for failure to properly perform duties and
responsibilities assumed by ENGINEER in the
Contract Documents.
SECTION 2 -ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services
do not include service in respect of the following
categories of work which are usually referred to as
Additional Services.
2.1.1. If OWNER wishes ENGINEER to
perform any of the following Additional
Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER
shall perform or obtain from others such
services and will be paid therefor as
provided in the Letter Agreement:
-Preparation of applications and supporting
documents for governmental financial
support of the Project in addition to those
required under Basic Services; preparation
or review of environmental studies and
related services; and assistance in obtaining
environmental approvals.
-Services to make measured drawings of or
to investigate existing conditions or
facilities.
-Services resulting from significant changes
in the general scope, extent or character of
the Project or major changes in
documentation previously accepted by
OWNER where changes are due to causes
beyond ENGINEER's control.
-Providing renderings or models.
-Preparing documents for alternate bids
requested by OWNER for work which is
not executed or for out -of --sequence work.
-Detailed consideration of operations,
maintenance and overhead expenses; value
engineering and the preparation of rate
schedules, earnings and expense statements,
cash flow and economic evaluations,
feasibility studies, appraisals and
valuations. Furnishing the services of
independent professional associates or
consultants for other than Basic Services.
-If ENGINEER's compensation for Basic
Services is not on the basis of Direct Labor
or Salary Costs, services resulting from the
award of more than one prime contract for
construction, materials, equipment or
services for the Project, or from the
construction contract containing cost plus
or incentive -savings provisions for
Contractor's basic compensation, or from
arranging for performance by persons other
than the principal prime contractors or from
administering OWNER's contracts for such
services.
-Services in connection with field surveys
HES/ch
P14/Votapka2.Scp -4-
for design purposes and engineering
surveys and staking out the work of
Contractor(s).
-Construction site inspection services while
work is in progress.
-Services during out-of-town travel other
than visits to the site.
-Preparation of operating and maintenance
manuals.
-Preparing to serve or serving as a
consultant or witness in any litigation,
arbitration or other legal or administrative
proceeding except where required as part of
Basic Services.
2.1.2. When required by the Contract Documents
in circumstances beyond ENGINEER's control,
ENGINEER shall perform or obtain from others any
of the following Additional Services as
circumstances require during construction and
without waiting for specific instructions from
OWNER, and ENGINEER will be paid therefor as
provided in the Letter Agreement:
-Services in connection with work directive changes
and change orders to reflect the changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the
additional services rendered.
-Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); services
after the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
-Services resulting from significant delays, changes
or price increases occurring as a direct or indirect
result of material, equipment or energy shortages.
-Additional or extended services during construction
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor,
(3) acceleration of the progress schedule involving
services beyond normal working hours, (4) default
by any Contractor.
SECTION 3 -OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
information as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written
notice to ENGINEER whenever OWNER observes
or otherwise becomes aware of any defect in the
work.
3.2. OWNER shall also do the following and
pay all costs incident thereto:
-Guarantee access to and make all provisions for
ENGINEER to enter upon public and private
property-
-Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine if
Contractor(s) are performing the work legally.
-Permit fees.
-Survey of site and routes.
3.3. OWNER shall pay all costs incident to
obtaining bids or proposals from Contractor(s).
SECTION 4 -MEANING OF TERMS
4.1. As used herein the term "this Agreement"
refers to the Letter Agreement to which these
General Provisions are attached.
4.2. The construction cost of the entire Project
(herein referred to as "Construction Cost") means
the total cost to OWNER of those portions of the
entire Project designed and specified by
ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to,
properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest
and financing charges incurred in connection with
the Project or the cost of other services to be
provided by others to OWNER pursuant to
paragraph 3.2. [Construction Cost is one of the
items comprising Total Project Cost]
4.3. Reimbursable Expenses mean the actual
expenses incurred by ENGINEER or ENGINEER's
independent professional associates or consultants
directly in connection with the Project, such as
expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); providing and maintaining field office
facilities including furnishings and utilities; toll
telephone calls and telegrams; reproduction of
HES/ch
P14Notapka2.Scp -5-
reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in
addition to those required under Section 1; and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates. Any expense
greater than $500 will require approval of the
OWNER.
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
Any reuse, including drawings and specifications,
without written verification or adaptation by
ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall
indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of
labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or
market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to
the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Total Project or Construction
Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2.
ENGINEER's services to modify the Contract
Documents to bring the Construction Cost within
any limitation established by OWNER will be
considered Additional Services and paid for as such
by OWNER.
5.3. Other Provisions Concerning Payments.
5.3.1. Methods of Payment for Services of
ENGINEER.
5.3.1.1 For Basic Services. OWNER shall
pay ENGINEER for all Basic Services rendered
under Section 1 on the basis set forth in Exhibit A
"Hartman & Associates, Inc. Hourly Rate Table"
5.3.1.2. For Additional Services. OWNER
shall pay ENGINEER for all Additional Services
rendered under Section 2 on the basis agreed to in
writing by the parties at the time such services are
authorized.
5.3.1.3. Reimbursable Expenses. In
addition to the payments provided for in paragraphs
5.3.1.1. and 5.3.1.2, OWNER shall pay
ENGINEER the actual costs (except where
specifically provided otherwise) of all Reimbursable
Expenses incurred in connection with all Basic
Services and Additional Services. Reimbursable
expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for: transportation, and subsistence
incidental thereto, reproduction of reports, toll
telephone calls and postage.
5.3.2. ENGINEER shall submit monthly
statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3.3. ENGINEER's above charges are on the
basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment
until submission of the Report.
5.3.4. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER will be
increased at the rate of 1 % per month from said
thirtieth day, and in addition, ENGINEER may,
after giving seven day's written notice to OWNER,
suspend services under this Agreement until
ENGINEER has been paid in full all amounts due
for services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by the OWNER upon
HES/ch
P14/Votapka2.Scp -6-
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the
terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to
the date of termination, all Reimbursable Expenses
and termination expenses. The OWNER enters into
this AGREEMENT based upon the experience and
competency of principals and employees of
ENGINEER as of the date of this AGREEMENT.
Any change in the composition of the ENGINEER's
principals and employees that the OWNER deems to
materially affect the performance of this
AGREEMENT shall be grounds for termination.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 5.6.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party to
this Agreement and to the partners, successors,
executors, administrators and legal representatives
(and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this
Agreement.
5.6.2. Neither OWNER nor ENGINEER shall
assign, sublet or transfer any rights under or interest
in (including, but without limitation, moneys that
may become due or moneys that are due) this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement. Nothing
contained in this paragraph shall prevent
ENGINEER from employing such independent
professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder, subject to
approval by the OWNER.
5.6.3. Nothing under this Agreement shall be
construed to give any rights or benefits in this
Agreement to anyone other than OWNER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other
HES/ch
P14/Votapka2.Scp -7-
party.
[The remainder of this page was left blank intentionally.]
EMPLOYEE
G. C. Hartman
H. E. Schmidt
J. E. Christoph
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C. W. Drake
M. A. Rynning
M. I. Luke
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W.D. Musser
T.A. Hochuli
S. C. Quinlan
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99
W. B. Lafrenz
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M.M. Alawi
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G.J. Revoir
A. T. Woodco
D. P. Dufresne
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R. K. Cashe
T. J. Sievers
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"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE 01HR)
EFFECTIVE 7/1/93
HOURLY
CLASSIFICATION RATE
Principal, P. E. $106.00
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Principal, Project Manager, P.E. $106.00
Principal, Project Manager, P.E. $106.00
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Principal, Project Manager, P.G. $91.09
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5. �.w.
'.�`i><.� ticyrz:f
Principal, Project Manager, P.L.S. $91.09
MBA
VII, P.E. $68.79
VI, P.E. $68.79
WIN
✓I, P.E. S60.52
P.G. $59.88
VI, P.E.
$57.32
V, P.E.
$53.66
V, P.E.
$52.34
sss
)logist IV, P.G.
$52.24
V
$51.60
MENsa"`;.v':<yyYi:
V. P.E.
sRn qr
Hydrogeologist IV $50.32
Senior Rate Analyst $49.05
�b A�q
Administrative Assistant $49.03
Senior Rate Analyst, MBA $47.78
11uv ;.n�"..s:111 NINE. .A. b..�3E:'r:s:�: � .d`.s�'ks..a�:dcx.
Engineer IV $46.24
EMPLOYEE
A. T. Gawad
K. Wulff
A.K. Gay
G.R. Crawford
S. G. Neurne,
R. H. Nelson
M. J. Hudkin
N
W. Wasson
C. M. Gaylon
T. A. Calzare
L.W. Mitchell
11ORM
D. Jiskoot
S.M. Fens
J.A. Mangy
J. Warner
E. Jenkins;
J.A. Bake
A. R. Terr
L. M. Looi
at -excel /H rlyrate/2-6 5 S pc. Sch
"EXHIBIT A"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE (*/HR)
EFFECTIVE 711/93
Lngineering Technician 111 $37.37
Engineering Technician 1[[ $35.25
. ............
..... ........ ...
Engineer 111 $35.04
in;;=
34.45
............... . —
ir $34.45
34.05
2.86
PE032.20
Engineer III---- ......
............................... $31.80
Engineering Technician 11 $31.80
Survey '31.80
Senior Word Processor 530.74
ord Processor $29.42
X+
kg
m
Word Processor
........................... - $28.62
"EXHIBIT
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 711193
HOURLY
EMPLOYEE CLASSIFICATION RATE
F. Gidus Hydro Technician 1 $27.83
......... .
FIN111
C. C. Tomlinson Assistant Rate Analyst $27.30
M8W .....
M.
R1. B%
P. Williamson Survey Technician 11 $27.16
C.A. Lauretta Word Processor $26.63
H. A. Cox Engineer 11 $26.50
T.N. Benedico Word Processor/Receptionist $22.53
D. Noble Word Processor $21.20
S.D. Clatchey Survey Technician 1 $21.20
0.54
M. Taylor Reproduction/Courier`Support
0.14
1
S. Simon Reproduction/Courier Support
9.88
S. C. Cobert Engineer 1 $19.08
J.H. Alvarez Engineer I 8.55
C. Cuevas Secretarial Support .36
B.D. Marshall Engineering Technician I 5.90
E. Cuevas Reproduction/Courier Support $15.90
................................
at-excel/Hrlyrate/2-65Spc.Sch
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
April 28, 1993
Via Facsimile & U.S. Mail
Mr. Charles E. Fancher, Jr.
President
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
HAI //92-023.04
nPTfl fl
V If
o .wowwuwe aeeuerwwuweU
Subject: General Development Utilities, Inc. - Sebastian Highlands
Dear Mr. Fancher:
As you are aware, the above referenced purchase and sale agreement is nearing completion
with exception of the required exhibits. Preparation of these exhibits will require obtaining
substantial amount of information from General Development Utilities, Inc. (GDU). I have
attached for your use a preliminary data request which we will need to obtain from GDU for
preparation of the exhibits. I understand that the data request is quite lengthy and in fact,
some of the requested information may not exist. However, I feel its a good starting point.
Since time is of the essence for closing of this deal, it would be greatly appreciated if your
immediate attention could be directed to this matter. If you have any question please do not
hesitate to call.
Very truly yours,
Hartman &�iAssociates, Inc.
f 1
Jon D. Fox
Project Engineer
JDF/dn/C-1/Fancher. jdf
Attachments
cc: Rich Votapka, Sebastian
Rob McClary, Sebastian
Thomas Cloud, Esq., GH&R
Gerald C. Hartman, P.E., HAI
201 EAST PINE STREET • SUITE 1000. ORLANDO, PL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER. CHARLES W. DRAKE • GERALD C. HARTMAN • MARK 1. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT. JR.
Attachment
Sebastian Data Request
A. PRIORITY ITEMS:
• Provide all deeds and any other documents providing legal descriptions for the WWTP,
WTP, ground storage facilities, raw water supply wells, wastewater lift stations,
effluent disposal facility, all piping not placed in the public rights-of-way and all
easements of record whether they are held in the name of General Development
Utilities, Inc. (GDU) or Atlantic Gulf Communities Corporation (AGCC), formerly
General Development Corporation (GDC), which pertain to GDU water and
wastewater operations.
• Provide a breakdown of and/or all documents showing all equipment installed at the
WTP, well sites, WWTP, and pump stations, including:
a. equipment;
b. manufacturer;
C. model number;
d. serial number; and
e. miscellaneous (i.e., electrical requirements, horsepower, capacities, etc.).
• Provide a breakdown of and/or all documents showing all water mains, gravity sewers,
and force mains by type of pipe (i.e., ductile iron (DI), asbestos cement (AC), etc.)
including:
a. diameter (inches)
b. length (feet)
• A comprehensive inventory of movable assets to include:
a. Computers/Billing equipment
b. Transportation Equipment
C. Power Operated Equipment
d. Laboratory Equipment
C. Furniture
f. Miscellaneous Equipment
g. Tools and Maintenance Equipment
h. Inventory, Spare Parts, and Supplies
i. Radio Equipment
JDF/dn/Misc-1/Sab.jdf
HAI//92-023.04 1
Attachment (Continued)
Sebastian Data Request
• Provide one (1) set of mylar drawings and specification indicating as -built conditions of
the following:
a. overall water transmission and distribution system (scale I"=600' or as
appropriate);
b. overall wastewater collection and transmission system, including pump stations
(scale 1" =600' or as appropriate);
C. water treatment plant expansions from inception to present date;
d. wastewater treatment plant expansions from inception to present date and;
e. raw water supply wells.
• Provide a copy of all vendor contracts, service agreements, developer agreements and
leases whether they are held in the name of General Development Utilities, Inc. or
Atlantic Gulf Communities Corporation.
• Provide a copy of all permits and other governmental authorizations and approvals
necessary to operate and maintain the water and wastewater systems.
B. ADDITIONAL INFORMATION
Utility Operations
• FDER monthly operating reports 1988 to April 1993.
• Daily operating reports kept at the WTP and WWTP showing pump run times,
chemical usage, and other information regarding these facilities for the years
1988 through April 1993.
• All documents showing the following information concerning the raw water to
the WTP including:
a. chemical analysis;
b. historic groundwater levels; and
C. raw water pumping daily flow charts since 1988 through present date.
(Actual charts required will be identified after review of FDER MOR's).
JDF/dn/Misc-1/Sab.jdf
HAI#92-023.04 2
Attachment (Continued)
Sebastian Data Request
• All documents incorporating and/or showing all sludge hauling records from
1988 to present date. This information should include at a minimum the
following information:
a. sludge disposal site;
b. sludge quantity hauled per event;
C. sludge characteristics; and
d. contract hauler name, address, telephone number, etc.
• All pump station run times disaggregated by pump station on a daily basis for
the years 1988 through present date.
• All documents showing individual and composite pump curves for the high
service pumps located at the WTP and the raw water supply wells.
• All engineering reports prepared for the Sebastian water and wastewater
facilities since 1980.
• All documents showing fire hydrant tests data since 1988 and any information
regarding infiltration/inflow studies.
FINANCIAL
• All financial audits performed for the GDU Sebastian Highlands division for the
period 1989 through 1992.
• A current list of all documents showing water and sewer customers presently
connected service. This information should at minimum include:
a. name;
b. location;
C. type (i.e., residential, commercial, etc.); and
d. meter size.
• A list of and/or all documents showing all paid and committed water and sewer
equivalent units which have not been connected to the systems. The
information should be disaggregated between areas which have service (water
and sewer) currently available and areas that service is not available should at
minimum include:
JDF/dn/N isc-1/Sab.jdf
HAUF92-023.04 3
Attachment (Continued)
Sebastian Data Request
a. name;
b. location;
C. type (i.e., residential, commercial, etc.); and
d. meter size.
• A complete balance sheet for the GDU Sebastian Highlands Division only and
all footnotes of disclosure items and allocations to the division if such
assets/liabilities are on a total company basis of 1989, 1990, 1991 and 1992.
• A breakdown of or all documents showing property taxes paid by parcel for
GDU for 1991 and 1992.
• The 1989, 1990, 1991 and 1992 Operating and Capital Budget for the Sebastian
Division. This data should include all projections beyond the 1992 time frame.
• A detailed breakdown of and/or all documents showing purchased power
expense for the water and sewer system by type of facility (treatment plant, lift
stations, etc.).
• Provide a detailed monthly breakdown of and/or all documents showing the
source of other water and sewer revenues for 1988 through December, 1992
(i.e., not sales revenue).
• For the years 1989 to present date provide the following information or all
documents showing the following by month and by water meter size:
a. number of bills rendered (water);
b. amount of gallons sold (water);
C. amount of gallons produced;
d. number of bills rendered (sewer); and
e. amount of revenue gallons billed (sewer).
• All annual operating reports filed from 1987 to present date detailing financial
operating results and statistic data for the Sebastian water and wastewater
facilities to include, but not limited to:
a. individual utility reports;
b. expense by individual Chart of Accounts;
C. depreciation expenses by specific plant accounts;
d. operating revenues by specific revenue type;
e. customers by meter size; and
JDF/dn/Misc-1/Sab.jdf
HAIN92-023.04 4
Attachment (Continued)
Sebastian Data Request
L production, treatment and sales data.
• A detailed listing of and/or all documents showing all construction work in
progress balances including, by job number or contract number:
a. description of activity and purpose of addition;
b. total estimated project cost;
C. amount of expenditures spend to date (specify);
d. expected completion date;
e. asset life and salvage value of addition; and
f. asset retirement anticipated once addition is on line including historical
plant costs and accumulated depreciation reserve at time of asset addition
for each retirement.
• All Certificates of Insurance for the GDU Sebastian Highlands Division.
• A detailed organizational chart and/or all documents showing all employees
(unnamed) by job classification. This information should include at minimum:
a. current salary range per job classification; and
b. description of activities performed.
• A detailed listing of and/or all documents showing all plants in service (Fixed
Utility Assets) and all contributed plant in service and/or contributions -in -aid -
of -construction (CIAC).
a. a description of property (location, type of asset, linear feet pipe, etc.);
b. in service date;
C. work orders and work releases;
d. bid tabulations;
e. historical cost booked to gross plant in service;
f. accumulated reserve for depreciation on such plant balances;
g. estimated salvage value; and
h. average service life for depreciation accrued and estimated remaining
useful life of asset.
• All documents that provide a description of and the methodology used to
allocate all common operating expenses and general plant to water and sewer
accounts.
JDF/dn/Misc-1/Sab.jdf
HAIN92-023.04 5
Attachment (Continued)
Sebastian Data Request
• All land sale contracts entered into by Atlantic Gulf Communities (formerly
GDC) or GDU for providing water and sewer utility service to customers.
• All data, correspondence, memoranda and other documents relative to any water
or wastewater rate increases pending or contemplated, as well as all documents
showing 1987 to present date any proposed rate base for the GDU Sebastian
Highlands Division.
• Any accounting of and/or documents showing Capital Charges for Utility
Capacity which have been escrowed or deposited for future service which may
be associated with land sales agreements or deferred utility service agreements.
• A complete inventory of and/or all documents showing all customer
connections, future customer commitments who have paid capital charges, and
future customer commitments who have partially paid capital charges and finally
future customer commitments who have paid capital charges.
• The most recent income and expense statement for the GDU Sebastian
Highlands Division.
• A detailed listing of and/or all documents showing management expenses
including the purpose, amount, and any other applicable information for 1988 to
present date. This information should be on an individual basis based on
expense need.
JDF/dn/Mtsc-1/Sab. jdf
HAI#92-023.04 6
!'� '_ AN & ASSOCUT'ES, INC..
44" "a," 4
h Sv,>;,,A9 Car.0-t. rogeologists, surveyors & management consultants
FLA_
April 13, 1993 HAI #92-023.07
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Straton Avenue 10 -inch Water Main Project
Dear Mr. Votapka:
This proposal is to design, permit, inspect, certify and prepare record drawings for the
installation of a 10 -inch PVC DR Class 18 water main with fire hydrants from the Park Place
Water Treatment Plant (WTP) site on the south side of Straton Avenue to the 6 -inch looped
water main at the intersection of Straton Avenue and Barber Street. The water main will be
approximately 1,750 feet long and shall include all valving, hydrants and specials necessary to
properly interconnect the Park Place system with the General Development Utilities, Inc.
(GDU) system. Note that this interconnection will also provide service to Palm Lake Club.
Our engineering proposal for these services is as follows:
1. Field surveys - $1,580.
2. Engineering design and specifications - $3,500.
3. Florida Department of Environmental Regulation (FDER) permit fee - $500.
4. FDER permit preparation - $250.
5. Project testing inspection and witnessing of pressure tests, and receipt of bacteriological
sampling to be forwarded to FDER for clearance of the project - $500.
6. The assumption is that day-to-day inspections would be conducted by the City of
Sebastian as warranted and that Hartman & Associates, Inc. (HAI) would provide
services at the project testing and completion standpoint - $ N/A .
201 EAST PENE S IREE I • SVITE 1000 • ORLANDO. FI. 32801
TELEPHONE (407)839-3955 • FAX (40') 839-3790
PRINCIPALS: JAMBS E. CHRISTOPHER • CHARLES W. DRAKE • CERALD C. HAR'I'MAN • ,MARK L 11KE • MARK A. RS'NNING • HAROLD E. SCHMIDT, IR.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
7. Project certification and record drawings - $620.
Total Engineering Services - $6,950
Our engineer's cost estimate is as follows:
1. Tie-ins at Park Place WTP and Barber Street - $3,000.
2. Four (4) open cuts - $4,000.
3. Five (5) 6 -inch gate valves and one (1) 10 -inch gate valve - $5,200.
4. One (1) fire hydrant - $1,720.
5. Specials, fittings and associated plugs, etc. - $3,900.
6. Approximately 1,750 linear feet of 10 -inch DR Class 18 PVC furnished and installed -
$24,100.
Total Construction Costs - $41,920
Contingency at 10% - 4.190
Total Construction Cost Estimate - $46,110
The schedule for this project would involve one (1) month for design, one (1) month for
permitting, sixty (60) days for construction, and twenty (20) days for testing, clearance and
project completion.
The above represents our estimate of a normal work schedule and completing the assignment.
If the City wishes to expedite the assignment, this can also be accomplished.
We look forward to providing the technical expertise which you desire. If the above is
acceptable to the City, please execute one (1) copy of this proposal and return it to our offices.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 3
The hourly rates and charges shall be the same as our existing contracts with the City of
Sebastian.
Very truly yours,
Witness
Witness
Witness
GCH/ch
P10/Votapka2.gch
Hartman & Associates. Inc.
3eMd C. Hartman, P.E.
President
City of Sebastian, Florida
Authorized Signature
Date
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993 HAI #92-023.08
Mr. Richard B. Votapka, P.E. J /
Utilities Director
City of Sebastian
P.O. Box 780127 Z"
Sebastian, Florida 32978-0127
Subject: Feasibility Study to Determine Percolation Pond Capacity and Expansion
Potential on Existing General Development Utilities, Inc. (GDU) Effluent
Disposal/Wastewater Treatment Plant Site
Dear Mr. Votapka: L
This letter constitutes Hartman & Associates, Inc.'s (HAI's) engineering and professional
geological proposal to provide professional services to the City of Sebastian to determine the
engineering feasibility of expanding the present 142,000 gallons per day (gpd) percolation
ponds at the existing GDU wastewater treatment plant (WWTP) to 300,000 gpd to
accommodate the increased flow from Park Place and Palm Lake Club mobile home park
developments, as well as other additional wastewater growth in the area, and the diversion of
reserved flow from the Indian River County wastewater transmission system to equal the
number of customers involved and connected to the Indian River County system.
The work will involve preparation of maps for the existing GDU wastewater treatment plant
site, soils testing including three (3) wells to be drilled on-site, percolation tests, level
indicators provided, and the existing monitor wells evaluated to establish the present capacity
and rerating potentials, as well as the ability to expand on the same site to a higher flow rate
and potentially to 300,000 gpd. HAI makes no representations at this time that the complete
GDU WWTP site and effluent disposal system, as potentially expanded, can attain 300,000
gpd on an average daily flow basis.
HAI will conduct groundwater modeling utilizing the data collected and prepare an engineering
and professional geological report reflecting the estimated present capacity of the system, those
activities to expand the system on the existing site, and the maximum effluent disposal capacity
which can be attained, in our opinion, based upon the present regulations of the Florida
Department of Environmental Regulation (FDER).
201 EAST PINE STREET • SUITE 1000 • ORLANDO. FL 32801
TELEPHONT: (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER -CHARLES W. DRAKE . GERALD C. I IAR'1'MAN -MARK I. LUKE • MARK A. RN NNING • HAROLD E. SCI IMID'I JR.
. ' Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
An engineering and professional geological report signed and sealed by a registered
professional engineer and a registered professional geologist will be prepared documenting the
present capacity of the existing facilities, and the expansion capacity with its estimated cost for
construction. This engineering feasibility study is not a final design or a complete permit
application to FDER. Those activities would be in addition to this study. The activities will
involve on-site monitoring utilizing the HAI groundwater equipment and additional support
activities from the City in water level readings as necessary.
The up -set limit for this assignment is $14,980. Three (3) draft reports and five (5) final
reports will be provided to the City.
The schedule for this assignment involves three (3) months of sampling, testing and analysis,
with one (1) month for draft and final report preparation.
If the above is acceptable to the City of Sebastian, please execute one (1) copy of this
engineering and professional geological proposal and return it to our offices.
�'z- '(z�� /
Witness
Witness
Witness
GCH/ch
P10/Votapka3.gch
Very truly yours,
Hartman & Associates,
1
Gerald C. Hartman, P.E.
President
City of Sebastian, Florida
Authorized Signature
Date
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993 HAI #92-023.09
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Legal Description of the Corporate City Limits of the City of Sebastian
Dear Mr. Votopka:
Item 5 of your letter dated April 5, 1993 letter to me involved preparation of a proposal to
provide a complete legal description for the existing boundary of the Corporate City Limits of
the City of Sebastian. The City should be able to provide us with the 1959 U.S. Government
General Services Agreement, having a legal description of the airport, the copies of the plats
for the 17 General Development Corporation (GDC) housing units, the approved subdivisions,
PUD's, and recent annexations. We recognize that records regarding the boundary along the
Indian River are sparse, and we can handle this situation based upon ownership practices along
major waterways as generally established by the professional land surveyors.
In order for us to provide a proposal to the City, we need for you to compile the data
referenced above, and provide us with all of the available data associated with the activity.
Following the receipt of this data, Mr. Mark I. Luke, P.L.S., will forward a proposal to you
to provide a complete legal description for the City of Sebastian and a reproducible map
indicating the legal description to the detail which can be established by an AutoCADD station
for the scale desired by the City. We can provide this map at more than one (1) scale,
depending upon your preferences.
We would appreciate your activities in compiling the data and forwarding the same to Mr.
Mark I. Luke, P.L.S., of our offices, and he will respond with a telephone call and with a
proposal to you on this issue. Our project number will be 92-023.09.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • NARK I. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
Thank you in advance for your time and consideration of this matter.
Very truly yours,
Hartman &
.0I
e C. F
President
GCH/ch
C20/Votapka3.gch
cc: Mark I. Luke, P.L.S., HAI
HARTMAN & ASSOCIATES, INC
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993 HAI #92-023.10
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Park Place Interconnection to General Development Utilities, Inc. (GDU)
Wastewater System at the Pelican Island Elementary School
Dear Mr. Votapka:
This letter constitutes Hartman & Associates, Inc.'s (HAI's) engineering proposal to design,
permit, inspect, certify and prepare record drawings for the installation of a 6 -inch DR 25
PVC force main from the existing Park Place lift station to the 8 -inch force main on Shulman
Drive near the Pelican Island Elementary School. The force main would be located on the
north side of Straton Avenue and Barber Street, and to the east side of Shulman Avenue. This
force main project will be approximately 5,500 feet long and will necessitate the replacement
of the pumps in the present Park Place pumping station. The improvement will provide for
the intertie and conveyance of wastewater from Palm Lake Club, Park Place and other flows
from the system in the general vicinity of the force main in the future.
The engineering costs for this project are as follows:
1. Field surveys - $5,000.
2. Final design drawings and specifications - $8,800.
3. Florida Department of Environmental Regulation (FDER) permit application fee -
$500.
4. Permit preparation - $250.
5. Two (2) days of field inspection and testing with follow-up reports to the City -
$1,000.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN . MARK 1. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
6. Project certification and record drawings with proper submittals to FDER and
reproducible drawings provided to the City of Sebastian. HAI will provide
reproducible mylars of our work and the originals of our specifications to the City of
Sebastian on this project. - $710.
Total Engineering Fee - $16,260
The construction cost estimate for this project includes the following elements:
1. Pump and motor replacement with panel work and associated appurtenances, and
revision of controls - $14,100.
2. Tie-ins at Park Place, existing lift station and elementary school - $3,000.
3. Open -cut of ten (10) streets - $8,980.
4. Restoration - $2,000.
5. Two (2) 6 -inch plug valves - $2,100.
6. Specials and fittings - $3,380.
7. 5,500 linear feet of 6 -inch DR 25 PVC force main - $49,310.
Subtotal Construction Cost - $82,870
Contingency at 10% - 8.287
Total Construction Cost - $91,157
The schedule for this assignment will include one (1) month for design, one (1) month for
permitting, and four (4) months for construction.
The hourly rates and other direct costs shall be as delineated in our present contracts with the
City of Sebastian.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 3
If the above is acceptable to the City of Sebastian, please execute one (1) copy of this proposal
and return it to our offices.
Witness
Witness
Witness
GCH/ch
P10/Votapka4.gch
Very truly yours,
Hartman & Associates,
C6erald C. Hartman, P.E.
President
City of Sebastian, Florida
Authorized Signature
Date
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993 HAI #92-023.08
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Feasibility Study to Determine Percolation Pond Capacity and Expansion
Potential on Existing General Development Utilities, Inc. (GDU) Effluent
Disposal/Wastewater Treatment Plant Site
Dear Mr. Votapka:
This letter constitutes Hartman & Associates, Inc.'s (HAI's) engineering and professional
geological proposal to provide professional services to the City of Sebastian to determine the
engineering feasibility of expanding the present 142,000 gallons per day (gpd) percolation
ponds at the existing GDU wastewater treatment plant (WWTP) to 300,000 gpd to
accommodate the increased flow from Park Place and Palm Lake Club mobile home park
developments, as well as other additional wastewater growth in the area, and the diversion of
reserved flow from the Indian River County wastewater transmission system to equal the
number of customers involved and connected to the Indian River County system.
The work will involve preparation of maps for the existing GDU wastewater treatment plant
site, soils testing including three (3) wells to be drilled on-site, percolation tests, level
indicators provided, and the existing monitor wells evaluated to establish the present capacity
and rerating potentials, as well as the ability to expand on the same site to a higher flow rate
and potentially to 300,000 gpd. HAI makes no representations at this time that the complete
GDU WWTP site and effluent disposal system, as potentially expanded, can attain 300,000
gpd on an average daily flow basis.
HAI will conduct groundwater modeling utilizing the data collected and prepare an engineering
and professional geological report reflecting the estimated present capacity of the system, those
activities to expand the system on the existing site, and the maximum effluent disposal capacity
which can be attained, in our opinion, based upon the present regulations of the Florida
Department of Environmental Regulation (FDER).
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK I. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
An engineering and professional geological report signed and sealed by a registered
professional engineer and a registered professional geologist will be prepared documenting the
present capacity of the existing facilities, and the expansion capacity with its estimated cost for
construction. This engineering feasibility study is not a final design or a complete permit
application to FDER. Those activities would be in addition to this study. The activities will
involve on-site monitoring utilizing the HAI groundwater equipment and additional support
activities from the City in water level readings as necessary.
The up -set limit for this assignment is $14,980. Three (3) draft reports and five (5) final
reports will be provided to the City.
The schedule for this assignment involves three (3) months of sampling, testing and analysis,
with one (1) month for draft and final report preparation.
If the above is acceptable to the City of Sebastian, please execute one (1) copy of this
engineering and professional geological proposal and return it to our offices.
Very truly yours,
Witness
Witness
Witness
GCH/ch
P10/Votapka3.gch
Rartman & Associates, Inc.
n
3erald C. Hartman, P.E.
President
City of Sebastian, Florida
Authorized Signature
Date
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993 HAI #92-023.06
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Ammoniation System Design - Trihalomethane Control System for Water
Treatment Plant
Dear Mr. Votapka:
This letter constitutes our engineering proposal to design, permit, inspect, certify and prepare
record drawings for the installation of an ammoniation system at the General Development
Utilities, Inc. (GDU) Filbert Street Water Treatment Plant (WTP) for the purpose of
trihalomethane control. The ammoniation feed system will quench the trihalomethane
formation reaction and limit the formation potential of the compound in the drinking water.
The cost for survey of the site for which the improvements are to be placed is $650. The final
design drawings and specifications will be prepared on behalf of the City at a cost of $7,500.
The cost for the permit fee to the Florida Department of Environmental Regulation (FDER) is
$4,000, and the preparation of the permit application is $500, for a total of $4,500. The cost
of the day of inspection, preparation of record drawings and certification to FDER is $850.
The cost of the preparation and coordination with the ammonia supplier and rental agreement
with the ammonia supplier for facilities located at the WTP site to be provided by the ammonia
supplier is $1,000. The total survey, engineering, permitting and technical services cost for
this assignment through completion and record drawings is $14,500.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 8393955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CI IRIS'1'OPHER • CI IARLES W. DRAKE • GERALD C. HAlt 'I'MAN • MARK I. LUKE • MARK A. RYNNING • HAROLD E. SCHAIID'I'. IR.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
The engineer's cost estimate for this project is as follows:
Site preparation and clearing - $1,000.
Yard piping - $6,900.
Slabs - $3,800.
Other concrete work - $1,000.
Structure - $9,200.
Metering equipment, valves, gauges, and related instrumentation - $17,200.
Electrical - $2,700.
Special supports and related equipment accommodation facilities - $3,100.
Total $44,900
Contingency at 10% $4,490
TOTAL $49,390
The above is a conceptual cost estimate and subject to revision once specific client desires are
obtained and field investigations are completed.
The project schedule would be to have the design complete within one (1) month of notice to
proceed; permitting complete within three (3) months thereafter; and construction complete
within seven (7) months thereafter.
The hourly costs and other directs costs shall be as contained in our other contracts with the
City of Sebastian.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 3
We look forward to providing the technical expertise which you desire. If the above is
acceptable to the City of Sebastian, please execute one (1) copy of this proposal and return it
to our offices.
Witness
Witness
Witness
GCH/ch
P10/Votapka.gch
Very truly yours,
Iiartman & Associates, Inc.
I
Gerald C. Hartman, P.E.
President
City of Sebastian, Florida
Authorized Signature
Date
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993 HAI #92-023.07
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Straton Avenue 10 -inch Water Main Project
Dear Mr. Votapka:
This proposal is to design, permit, inspect, certify and prepare record drawings for the
installation of a 10 -inch PVC DR Class 18 water main with fire hydrants from the Park Place
Water Treatment Plant (WTP) site on the south side of Straton Avenue to the 6 -inch looped
water main at the intersection of Straton Avenue and Barber Street. The water main will be
approximately 1,750 feet long and shall include all valving, hydrants and specials necessary to
properly interconnect the Park Place system with the General Development Utilities, Inc.
(GDU) system. Note that this interconnection will also provide service to Palm Lake Club.
Our engineering proposal for these services is as follows:
1. Field surveys - $1,580.
2. Engineering design and specifications - $3,500.
3. Florida Department of Environmental Regulation (FDER) permit fee - $500.
4. FDER permit preparation - $250.
5. Project testing inspection and witnessing of pressure tests, and receipt of bacteriological
sampling to be forwarded to FDER for clearance of the project - $500.
6. The assumption is that day-to-day inspections would be conducted by the City of
Sebastian as warranted and that Hartman & Associates, Inc. (HAI) would provide
services at the project testing and completion standpoint - $ N/A .
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER -CHARLES W. DRAKE • GERALD C. HARTMAN • MARK 1. LUKE -MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 2
7. Project certification and record drawings - $620.
Total Engineering Services - $6,950
Our engineer's cost estimate is as follows:
1. Tie-ins at Park Place WTP and Barber Street - $3,000.
2. Four (4) open cuts - $4,000.
3. Five (5) 6 -inch gate valves and one (1) 10 -inch gate valve - $5,200.
4. One (1) fire hydrant - $1,720.
5. Specials, fittings and associated plugs, etc. - $3,900.
6. Approximately 1,750 linear feet of 10 -inch DR Class 18 PVC furnished and installed -
$24,100.
Total Construction Costs - $41,920
Contingency at 10% - 4.190
Total Construction Cost Estimate - $46,110
The schedule for this project would involve one (1) month for design, one (1) month for
permitting, sixty (60) days for construction, and twenty (20) days for testing, clearance and
project completion.
The above represents our estimate of a normal work schedule and completing the assignment.
If the City wishes to expedite the assignment, this can also be accomplished.
We look forward to providing the technical expertise which you desire. If the above is
acceptable to the City, please execute one (1) copy of this proposal and return it to our offices.
Mr. Richard B. Votapka, P.E.
April 13, 1993
Page 3
The hourly rates and charges shall be the same as our existing contracts with the City of
Sebastian.
Very truly yours,
Hartman & Associates,
Witness
Witness
Witness
GCH/ch
P10/Votapka2.gch
President
City of Sebastian, Florida
Authorized Signature
Date
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
Mr. Obert S. McClary
City ager
City of astkan
P.O. Box 7 127
Sebastian, Flor a 32975-01^_7
July 21, 1993
FT
/ta✓
HAI #92-023.00
Subject: General Development Utilities, Inc. Rate Application Time Periods
Dear Mr. Mc ary: 6
I am taking this opportunity to bring to your attention actions which other investor-owned
utilities have brought forth to local governments regarding prompt consideration of rate cases.
In Charlotte County, West Charlotte Utilities, Inc. (WCI) on July 14, 1993, provided a Notice
of Intention to Place Into Effect Permanent Rates as shown on the attached pleading by Mr.
Kenneth Gatlin, their attorney.
In a similar situation, Venice Gardens Utilities, Inc. (VGU) noticed its customers and Sarasota
County that it was placing into effect permanent rates not subject to refund, also in the month
of July, 1993.
Such actions do have precedent with the Florida Public Service Commission (FPSC). I do not
know of any precedent with the City of North Port, the City of Sebastian, or within Indian
River County.
ORLANDO
201 EAST PINE STREET • SUITE 1000 • ORLANDO. FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
JACKSONVILLE
TALLAHASSEE
PRINCIPALS: JAME S E CHRISTOPHER • CHARLES IC'. DRAKE • GERALD C. 14ARTMAN -MARK 1. 1.1 TKE •MARK A. RYNN ING • HAROLD E. SCHMID'L JR.
Mr. Robert S. McClary
July 21, 1993
Page 2
I believe that you will find the attached interesting and should take heed of these types of acts
which investor-owned utilities commonly resort to in delay situations.
Very truly yours,
Hartman & Associates, Inc.
President
GCH/ch
C23/McClary.gch
Attachment
cc: Tom Cloud, GHR w/attachment
Hal Schmidt, HAI w/attachment
BEFORE TBE BOARD OF COUNTY COMMISSIONERS
OF CBARLOTTE COUNTY, FLORIDA
In re: Application of West )
Charlotte Utilities, Inc. forthe )
Adjustment of Se tes ) Docket No. 92-086.04-S
NOTICE OF INTENTION TO Px.ACS INTO EFF$CT $RMANENT RAS
i
West Charlotte Utilities, Inc. (WCU) files this its Notice of
Intention to Place into Effect Permanent Rates and states:
1. WCU hereby gives. notice to the Board of County
Commissioners of Charlotte county (Board) that WCU shall place into
effect permanent rates as proposed in its application herein for
all bills rendered on or after October 1, 1993. WCU reserves the
right, on a voluntary basis to charge an amount less than these
rates in its sole and absolute discretion. WCU will comply with all
existing and future orders of the united States Bankruptcy Court
regarding rates and any escrow requirements imposed by the
Bankruptcy Court.
2. Section 3-8-57(h) of the Charlotte County Ordinance,
requires, in part that the Board shall take final action and enter
its final order within 12 months of the filing of a rate
application.
3. Pursuant to Subsection 361.171(8), Fla. Stat. (1991),
Section 367.081(6), Fla. Stat. (1991) is applicable to rate
proceedings before the Board of County Commissioners of Charlotte
County, Florida. Section 367.081(6) requires as is pertinent here
that a final order must be entered by the Board within 12 months of
the official filing date of a rate application.
4. The Board knew on July 16, 1991 that WCU would be filing
an application for a rate increase because on July 16, 1991 the
Board approved the test year for WCU's rate application.
5. on March 26, 1992, WCU filed its application for authority
to increase its rates. The Board determined that the application
net the County's filing requirements.
6. Despite the fact that the Board knew ACU would file its
rate application as early as July 16, 1991, and having recP{ved the
application on March 26, 1992, the Board did not en4age a
regulatory consultant to aid the Board in considering the rate
application until June 30, 1992. Further, the rate consultant
engaged by the Board did not serve any requests for information on
WCU until October 2, 1992.
7. Pursuant to the County Ordinance and the state statute'
cited above, the Board was required to enter a final order on WCU's
rate application by no later than March 26, 1993.
8. As of this date, the Board has not held a hearing on the
rate application much less entered a final rate order as rdquired
by its own ordinance and Florida statute. pursuant to an. order
entered by the United States Bankruptcy Court on May 28, 1993,•
discovery in the rate case would be concluded with'& cutoff date of
June 18, 1993- WCu is informed that the county regulatory
consultant has not commenced preparation of a final rate
recommendation for the Board's consideration.
9. Because the Board did not enter a rate order within the
time frame as required by Florida statute and county ordinance, WCU
hereby places into effect on a permanent basis, not eubjoot to
refund, the following rates:
Fd
MONTHLY SERVICE RATES MONTHLY CRARU
monthly Base Charge!
a) 5/8" x 3/4" meter $36.07.
b) multifamily (Per Unit) $36.07,
C) General Service (Per ERC) $36.07.
Consumption Charges.
(Per 1,000 Gallons of Water) $
All other charges remain the same.
WHEREFORE, for all bills rendered on or after October 1,'1993,
WCU will bill for its � services the rates set forth above.
L
DATED thio "day of July, 1993.
Respectfully submitted, ,
B. Kenneth Gatlin
Fla. Bar No. 0027966
Gatlin, Woods, Carlson & CoH+dery
1709-D Mahan Drive
Tallahassee, FL 32308
(904) 877-7191
Attorneys for
WEST CHARLOTTE UTILITIES INC.
3
Cs?RTiF1C.A7'E OP Frv1 8
I HEREBY CERTIFY that a�iq*g and correct copy of the foregoinci
has been furnished on this ,_= day of July, 1993, by U.S. Mail to
the followings
David Levin Matthew Minter, EBq.
Postal Drawer 4195 County Attorney
Sarasota, we 34230 18500 Murdock Circle
Port Charlotte, FL 33948-1094
(overnight express mail)
Michael Twomey, Esq, William Mulloy, Esq.
Department of Legal Affairs William Mulloy & Asociates
s
Room 1603, The Capitol 7025 Manasota Key Road
Tallahassee, FL 32399-1050 Englewood, FL 34223
(hand -delivery)
F5 1 2� Qa)Lt=_
B. Kenneth Gatlin
MEMO TO FILE
DATE: May 21, 1993 TIME: 2:35 PM
TO: Rich Votapka, Utilities Director
FROM: Hal Schmidt, of Hartman & Associates, Inc.
SUBJECT: Revised Cost Estimate for Ammoniation System at GDU
Filbert Street Plant, Sebastian, Florida
[ xx ) Telephone Conversation
-------------------------------------------------------------------
RESUME OF CONVERSATION: The revised system consists of dual 150#
Ammonia Cylinders installed in a standard fiberglass shed.
A) Metering Equipment
1) Scales
2) Rotameter
3) Injection Tees
4) Automatic Switchover
5) Valves
6) Gauges
7) Fan
8) Alarm
Equipment Total $ 14,750
B) Fiberglass Shed $ 5,000
C) Yard Piping 2,750
D) Concrete Slab 450
E) Electrical Work 1,850
Subtotal
10% contingency
Total Engineering design(no survey)
Inspection, Final Certification
Permit Application Preparation
DER Permit Fee
Testing
Round To
$ 24,800
2,480
S 27,280
7,500
1,350
500
500
1.000
$ 38,130
$ 38,500
Flu'. NAA-". Coa.Aaae.w
wcc L
h«n
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
May 12, 1993 HAI #92-023.04
Fascimile/U.S. Mail
Mr. Charles Nash, Esquire
Frese, Nash & Torpy, P.A.
930 S. Harbor City Blvd.
Riverside Center, Suite 505
Melbourne, FL 32901
Subject: City of Sebastian/General Development Utilities
Water and Sewer System Purchase and Sale Agreement
Dear Mr. Nash:
As you are aware, the above referenced purchase and sale agreement is nearing completion
with exception of the required exhibits. Preparation of these exhibits will require obtaining
information from the City of Sebastian relative to fee simple parcels of property, held in the
name of General Development Utilities, Inc. (GDU) or Atlantic Gulf Communities
Corporation (AGCC), formerly General Development Corporation (GDC). The information
on such parcels should include parcel maps and legal descriptions.
If you have any questions, please do not hesitate to call.
Very truly yours,
Hartmann& Associates, Inc.
Jon D. Fox
Project Engineer
cc: Rich Votapke, Sebastian
Rob McClary, Sebastian
Thomas Cloud, Esq., GHR
Gerald Hartman, P.E., HAI
JDF/dn/cl/C-1/Nash Jdf
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO JACKSONVILLE TALLAHASSEE
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W DRAKE • GERALD C. HARTMAN • MARK 1. LUKE • MARK A RYNNING • HAROLD E. SCHMIDT, JR.
Items for Rich Votapka to
discuss with Hal Schmidt at
Hartman & Associates on
April 22, 1993 - 10:00 AM
/1) A proposed potable water treatment plant to be located north
/ of Sebastian City Hall Marx 42"d"K-1
�/ 2) Farmer's Home Administration Application with suggested re-
visions to the text.
✓ 3) Park Place Water System - check list of items to be done be-
fore taking over the system.
/4) Park Place Bill - give copy to Hal. Discuss the Franchise Fee
and Public Utility Tax.
5
�) Ammoniation System Design - discuss cost as shown on the engi-
neer's estimated dated April 13, 1993.
6) Sebastian Lakes Wastewater Treatment Plant - plans from Indian
River County showing the 8" force main along C.R. 512 in the
vicinity of Sebastian Lakes.
+7) Palm Lake Club - need record drawings returned. Check plans to
see if there is a 10" gravity sewer main from Breezy Village to
the existing lift station. Discuss diversion of flow, if
needed.
Meet with Carl Julian and Mike Young representatives of the
Saint Sebastian PUD in regard to the proposed North City Water
Treatment Plant.
Items for Rich Votapka to
discuss with Hal Schmidt at
Hartman & Associates on
April 22, 1993 - 10:00 AM
1) A proposed potable water treatment plant to be located north
of Sebastian City Hall
2) Farmer's Home Administration Application with suggested re-
visions to the text.
3) Park Place Water System - check list of items to be done be-
fore taking over the system.
4) Park Place Bill - give copy to Hal. Discuss the Franchise Fee
and Public Utility Tax.
4) Ammoniation System Design - discuss cost as shown on the engi-
neer's estimated dated April 13, 1993.
6) Sebastian Lakes Wastewater Treatment Plant - plans from Indian
River County showing the 8" force main along C.R. 512 in the
vicinity of Sebastian Lakes.
7) Palm Lake Club - need record drawings returned. Check plans to
see if there is a 10" gravity sewer main from Breezy Village to
the existing lift station. Discuss diversion of flow, if
needed.
8) Meet with Carl Julian and Mike Young representatives of the
Saint Sebastian PUD in regard to the proposed North City Water
Treatment Plant.
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE: April 21, 1993
FROM: Richard B. Votapka, Utilities Director
TO Hal Schmidt, Vice President, Hartman & Associates
RE Utility Acquisition - Farmers Home Administration
Application Request for Environmental Information,
Exhibit I
-------------------------------------------------------------------
The following is offered as replacement verbiage for paragraph II,
page 1:
Central potable water service for the City of Sebastian is provided
by GDU which presently holds a franchise agreement for the majority
of the City. The notable exception is the franchise held by Park
Place, a mobile home development, which was formerly known as the
Villages of Lake Delores. The Park Place water treatment plant
currently provides potable water to 164 customers in Park Place
Mobile Home Park and to 20 customers in Palm Lake Club, a mobile
home park to the north of Park Place. Park Place a phased project,
has the potential to develop a total of 648 residential units.
Palm Lake Club has the potential development of 134 residences.
The Park Place water treatment plant, although owned by the City of
Sebastian, has been operated by Indian River County. As of May 1,
1993, the City of Sebastian will assume operation for the entire
water system serving both the Park Place and Palm Lake Club
developments.
The GDU water utility system provides potable water to its
customers from a water treatment plant (WTP) located on Filbert
Street. Although the franchise area covers all of the 17 units of
the Sebastian Highlands, the existing service area only includes
all of Units 7, 9, 12, 14, and 15 and portions of Units 8, 10, 11,
16, and 17. All total there are 13,008 platted lots in all of the
17 units. There are approximately 1200 customers being served at
present. The City's goal is to provide public water service to all
of the homes within Units 1 - 17 of the Sebastian Highlands.
Page Two of Two
April 21, 1993
Memorandum to Hal Schmidt, Vice President,
Hartman & Associates
On page 5, the response to Item 2 should be changed to the
following:
The existing water and sewer facilities currently under the
ownership of General Development Utilities will be transferred to
the City of Sebastian upon successful conclusion of the current
negotiations. Once the City owns the GDU system, it plans to
install an ammoniation system to eliminate the trihalomethane
problem that presently exists, extend a water main to the Park
Place system to eliminate the Park Place Water Treatment Plant,
increase the capacity of the percolation ponds at the existing GDU
wastewater treatment plant to accommodate wastewater flow from Park
Place and Palm Lake Club, and to construct a force main from the
County's existing lift station for Park Place to reroute the flow
to the City's wastewater (old GDU) treatment plant.
On page 5, the response to Item 13 should be revised as follows:
Indian River County assigned its rights to the potable water system
and gravity sewage collection system in Park Place and Palm Lake
Club to the City of Sebastian through an Interlocal Agreement dated
April 21, 1992. During the process of formulating the agreement
there was a considerable amount of press coverage as a result of
the meetings and correspondence involved between the City of
Sebastian and Indian River County. A public hearing was held by
both the Sebastian City Council and the Indian River Board of
Commissioners prior to the adoption of the interlocal agreement by
both governmental bodies. A formal hearing will be conducted in
accordance with Florida Statute 180.301 in the near future for the
purpose of acquiring the General Development utility water and
wastewater systems.
r
UTIL (TRANS. FMT)
INDIAN RIVER COUNTY Q� V ITER OF TRANSMITTAL
UTILITIES DEPARTMENT
1840 25TH STREET (DATE' April 2 –
VERO BEACH FL, 32960 JOB NUMBER:
ATTENTION: is and Votanka
RE:
TO Richard Votapka, P.E.
Utility D; recto*'ian
_ Seb_astianCsy Nall –
Po t Qff'gp BQX yRrnoy —
WE ARE SENDING YOU
_XpMttached __ Under separate cover vie the following Items: __ Shop drawings _ Prints
XX Plena _ Samples _ Specifications — Copy of letter _ Change order
THESE ARE TRANSMITTED AS CHECKED BELOW:
For approval
_ For your use
XX As requested
For review and comment
FOR RIDS DUE
RFMARKS
Approved as submitted _ Resubmit `copies for approval
Approved as noted _ Submit _copies for distribution
Returned for corrections _ Return _corrected prints
Tq` _ PRINTS RETURNED AFTER LOAN TO US
COPY TO: Harry E. Asher SIGN -
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE
Assistant Director of Utility Services uOTC Tu6SS
FL"& 'TO HAL SONMID'T OM
Rtdlt z2, 159 J �2LAsJOa
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
M E M O R A N D U M
DATE April 15, 1993
FROM Richard B. Votapka, Utilities Director
TO Bruce Cooper, Comm. Development Director
SUBJECT 3.5" Computer Disks 1, 2, and 3 for
for Sebastian Map 2 and Sebastian Map 1
Drawing Zone Map
I am returning the four (4) computer disks that you loaned me
on March 31, 1993. I gave them to Hartman & Associates who
reproduced them for the purpose of developing a water and sewer
master plan for the City. They returned the disks to me yesterday.
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
SOUTHEAST BANK BUILDING • SU1TE 1000 . 201 EAST PINE STREET • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
CITY of ���4fn,ar/
WE ARE SENDING YOU Xttached ❑ Under separate cover via
DATE ¢ /¢ y3 .Ioallo. 2-OZ3•o
ATTENT10N
RE 45117311
the following items:
❑ Shop drawings ❑ Prints ❑Plans � 1 ❑ Reports ❑ Specifications
❑ Copy of letter ❑ Change order
COPES
DATE
NO.
DESCRIPTION
i
3 o,s s z s 3 sEe4s� a Z-
oisz
THESE ARE TRANSMITTED as checked below:
REMARKS
COPY TO
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Return�adq for corrections ❑ Return corrected prints
❑ For review and comment /tETU101(l- J.
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
SIGNED
IF ENCLOSURES ARE NOT AS NOTED, 30NDLY NOTIFY US AT ONCE
1-L-=_1YLA_ & ASS'OCLATES. I'y C.
engineers, hydrogeologists, surveyors & management consultants
April 13, 1993
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: Sebastian Lakes Engineering Assignment
Dear Mr. Votapka:
HAI #92-023.05
=PR 19S3
r --- .
This letter confirms the telephone conversations that I have had with the City and confirms our
$3,000 engagement to evaluate the Sebastian Lakes system.
This letter shall constitute our notice to proceed on this assignment on behalf of the City of
Sebastian. I look forward to meeting with you on April 14, 1993, to further discuss this
matter and continue on the project.
GCH/ch
C20/Votapka2.gch
Very truly yours,
Hartman & Associat'es, Inc.
Gerald C. Hartman, P.E.
President
cc: Hal Schmidt, HAI
201 EAST PINE- STREET • JUTE 1000 • ORL%-NDO. FL 12901
TELEPHONE (+117) 819-3955 . PAX (+O-) 939-3-90
PRINCIPALS:JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARA I. LUKE • MARK A. R\'NNING • HAROLD G. SCHMID'I'. IR.
A
I
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
April 12, 1993 HAI#93-023.00
Mr. Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Subject: State Revolving Fund Program
Dear Mr. Votapka:
As we discussed last week you were interested in information pertaining to the State Revolving
Fund (SRF) program, as a result I have summarized the requirements of the SRF program.
The SRF program replaced the United States Environmental Protection Agency (USEPA)
construction grants program in 1989 as the major Federally assisted wastewater treatment
works construction program in Florida. At the State level, Florida's wastewater management
facilities revolving loan program is authorized by the 1986 revisions to Chapter 403 of the
Florida Statutes (F.S.). The Statute was again amended in 1989 to broaden the authorization.
However, it was further amended in 1991 to restrict the authorization. The Statute authorizes
the Department to help local governments finance facilities to collect, treat, and dispose of
wastewater. The amended State Statue is more restrictive than the Federal legislation. Section
403.1835, F.S., broadly outlines what projects can be financed; loosely describes what local
government agencies must do to obtain the assistance; and authorizes the Department to make
rules to carry out the loan program.
Chapter 17-503 of the Florida Administrative Code (F.A.C.) establishes the detailed SRF
program requirements called for by the State and Federal Statutes. Only those Federal
regulations required to satisfy the amended Clean Water Act have been carried forward into
this rule. Regardless of the State's adoption of Federal regulations, the USEPA has no direct
involvement in reviewing projects or in dealing with loan applicants.
Federal funding is authorized through 1994 by the amended Clean Water Act. There are
proposals to extend the funding pending in Congress, and the potential new requirements have
yet to come into focus. In the event of further Federal funding, Florida's SRF program will
have to be adjusted because the requirements improved via the F.A.C. are keyed to the phase-
out of federal funding and potential new requirements. In short Chapter 403 imposes
requirements on the Department and on the individual aid recipients similar to those imposed
by the USEPA for the construction grants program.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER. CHARLES W. DRAKE • GERALD C. HARTMAN • MARK L LUKE . MARK A. RYNNING • HAROLD E. SCHMIDT. JR.
Mr. Richard B. Votapka, P.E.
April 12, 1993
Page 2
As for most programs funded by the government, the use of available appropriations is time
limited. Funds are reallocated for other immediate needs if they are not obligated in a timely
manner. Planning, design, and permitting activities take time to complete. Generally, these
activities are started well before a project sponsor expects to get a loan. First, the City has to
submit their Request for Inclusion (RFI) to get on the Priority List that is developed by the
Department. Since the City qualifies as a small community (i.e., population less than 20,000
as of the 1990 Census) they fall into a separate category of which 15 percent of the money
received from the Federal Government will be reserved for projects that serve small
communities. For your information, as of March 15, 1993, only six (6) small communities
met the initial requirement of submitting their RFI. Summarized below are these communities
and the approximate amounts of money requested from each.
1. City of Cape Canaveral: $8,200,000
2. City of Apalachicola: $2,200,000
3. City of Green Cove Springs: $1,000,000
4. City of Haines City: $8,600,000
5. City of Wildwood: $1,800,000
6. St. Johns County: $2,900,000
As can be seen from the above approximately $24.7 million has been requested and discussions
with the Department indicate that they expect approximately $21.7 million to be available for
fiscal year 1993, which includes $7 million that was rolled over from fiscal year 1993.
To qualify for a loan a number of items must be completed and the first of which the City has
to comply with, is the submittal of the RFI. The other items that are required and must be
completed to the Department by June 1, 1994, include the following:
1. The capital financing plan and public hearing records for dedicated revenue
disclosure.
2. The complete facilities plan adopted by resolution of the local government,
including site specific studies, collection system studies, major sewer system
rehabilitation reports, sewer system evaluation reports, and other specialized
studies; public participation records; and responses generated by the required
intergovernmental review.
3. The environmental review has been completed.
4. The Department has established that biddable plans and specifications conform
with the facilities plan.
Mr. Richard B. Votapka, P.E.
April 12, 1993
Page 3
5. A notice of intent to permit project construction or documentation of the
determination that no construction permit is required has been issued by the
Department.
6. The local government has submitted its certification of availability of all project
sites for the purposes of construction, operation, and maintenance over the
useful life of the facilities.
7. The local government has submitted it interlocal service agreements, whenever
facilities or services beyond its jurisdiction are involved.
8. The local government has submitted its value engineering report for
operationally related project facilities valued in excess of $10,000,000.
9. The local government has submitted its sewer use ordinance and user charge
system.
10. The local government has documented and submitted its dispute resolution
procedures.
I have provided for your use a copy of the SRF handbook which describes the requirements for
obtaining low interest loans from the state. Presently, for your information, the interest rates
for the SRF program have been running 3.0 to 3.5 percent.
I trust this information answers your questions regarding the SRF program. If, however, you
should have any questions, please feel free to call me.
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schmidt, Jr., P.E.
Vice President
Attachment
cc: Gerald C. Hartman, P.E.
Gary J. ReVoir, II, P.E.
HES / mg/C-5/ V OTAPKA. HES
c
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 a FAX (407) 589-5670
April 7, 1993
Hr.Gerry Hartman
Hartman and Associates, Inc.
Southeast Bank Building
201 East Pine Street
Suite 1000
Orlando, F1. 32801
Re: Feasibility Study for Takeover of the Sebastian Lakes
Development Wastewater Treatment Plant by the City of
Sebastian
Dear Gerry:
The City of Sebastian has recently concluded negotiations with
St. Paul Corporation, owner of the Sebastian Lakes condominium
development at 1101 Fellsmere Road (County Road 512) in Sebastian
in regard to the future development of the project. As a result of
those negotiations, St. Paul Corporation requested that the City of
Sebastian takeover complete operation, maintenance, and ownership
of their existing 60,000 gallons per day extended aeration activat-
ed sludge wastewater treatment plant. The plant, two 120,000
gallon percolation ponds, and approximately 3 acres on which the
plant and ponds are situated would be dedicated to the City in
exchange for guaranteed reserved capacity of 200 sewer connections
to the Sebastian Lakes development. St. Paul Corporation also
agreed to provide $3000 to fund a feasibility study at the City's
request to determine whether or not acquisition of the wastewater
plant would be beneficial for the City.
On April S. 1993, the City received a $3,000 check from the
Chase Bank of Maryland to fund the study. Therefore, by virtue of
this letter, I am authorizing you to initiate and complete the
feasibility study as soon as possible at a cost not to exceed
S3000, so that the City will be able to have a timely response to
the St. Paul Corporation request. Payment to your firm will be
upon receipt of the study by the City.
Page Two of Two
April 7, 1993 Letter to G. Hartman
I request that you contact the owner's engineer, Allen
Engineering, 106 Dixie Lane, Cocoa Beach, Florida 32931. Call
(407) 783-7443 for either Mr. Don Roberts or Mr. John Redmond for
any technical information concerning the plant. The owner's
representative is Ms. Cheryl Black Freindlich, Vice President of
the Chase Manhattan Bank in New York City at (212) 907-6589. She
can furnish you with any legal information in regard to the plant
and percolation ponds to aid in your study. The plant operator is
Mr. Carl Zubek of Vero Beach, Florida. He can be reached at 388-
9756. I would request that you contact the Orlando office of the
Florida Dept. of Environmental Regulation to inquire whether or not
a sanitary survey has been conducted for the plant, any violations
have occured, and any consent orders have been issued. The DER
Operating Permit Number is D031-156174. It is my understanding
from talking with Mr.Redmond of Allen Engineering that the average
daily flow into the plant is only 8,000 gals per day. The DER
monthly operating reports will, of course, confirm the amount of
flow and seasonal variation.
Please notify me at least 24 hours in advance prior to
inspecting the wastewater plant as I would like to be present when
your inspection is conducted.
In addition to the evaluation of the operational efficiency and
physical condition of the wastewater treatment plant, I ask that
you provide recommendations as to alternatives and cost estimates
to abandon the plant and connect to the County force main along
County Road 512 or to the GDU system based upon the City's proposed
acquisition of the system.
Should you have any questions in regard to the above, please
call me to discuss them.
Sincerely,
�
Richard B. Votapka, P.E.
Utilities Director
RBV/pwb
CC: Robb MCClary, City Manager
Bruce Cooper, Comm. Dev. Director
Enc: April 5, 1993 Memo •from B. Cooper to R. Votapka
March 24, 1993 Lettar from B. Hall to 3. Cooper
Cheryl Black Freindlich
Vice President
'MLCHASE The Chase Manhattan Bank, N.A.
Real Estate Finance Business
'NE 101 Park Avenue, 16th Floor
New York, New York 10178
Phone: (212) 9076589
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589.5570
M E M O R A N D U M
DATE: April 5, 1993
To: Richard Votapka
Utilities Director
FROM: Bruce Cooper
Director of Community Development
REFERENCE: Analysis of Sebastian Lakes Utility
The City of Sebastian has just received a check in the amount of
$3,000.00 from Chase Bank of Maryland. These monies are in
accordance with the City's agreement to have Hartman & Associates
to conduct a thorough analysis of the Sebastian Lakes Treatment
Plant to determine whether or not the City of Sebastian should
obtain this land and facility under any arrangement.
I have enclosed a copy of a letter dated March 24, 1993 from
Barbara Hall which outlines their first proposal regarding the
extension of Sebastian Lakes PUD. Please refer to item 03 in
relation to the sewer utility.
Please contact me as soon as you have received the feasibility
study in order for us to sit down with Sebastian Lakes
representatives to finalize our agreement. Thank you.
BC/gk
votapka.wp
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Mr. Bruce Cooper
Director of Community Development
City of Sebastian
Sebastian, Florida 32978
Dear Mr. Cooper:
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In response to your request I am providing you With a written outline of my client,
St Paul Corporation's proposal to achieve a comprehensive solution to all of our issues with
the City and to provide the property with certain development rights that will allow the
client to effectively market the property.
1. St. Paul Corporation will give the City S65,000.00 to construes Laconia Road
from Granduer Avenue to Fellsmere Road and will provide the City with copies of its
completed plans for the construction of Laconia Road. If water management permits have
not been obtained from the St. John's Water Management District, the City shall be
responsible for obtaining those permits and St. Paul will reimburse the City for its costs in
permitting up to 53000.00
CREENYERG. TXAUnIG. HOFFNAX. Ll2OFF. ROSIN & QUEXTXL. P.A.
515 EAST LAS OL" 3OULEV4RD FORT LAUDERDALE. FLaAioA 33301 30S.765.0500 FAX 305-765.1477
.V . I F ORT LAUDERDALE V=T PAL" 3EACN JACISCX'/ILLI TAurn...s=
Mr. Bruce Cooper
March 24, 1993
Page 2
2, St. Paul Corporation will dedicate to the City the additional 20 feet required
for an 80 foot corridor on Roseland Road_ The construction of Roseland Road shall not
be required until the development of commercial uses Within the property. The Qty will
cooperate with St. Paul Corporation in its efforts to obtain County road impact fee credit
for the dedication of right of way for Roseland Road and for its construction.
3. St. Paul Corporation will convey to the Sebastian Lakes sewer utility and Will
convey to the City the lands on which the utility is located. In payment for that utility and
for the land the City will grant to the property a credit which will entitle the owner of the
property to 200 sewer connections to the City -operated utility without charge. In the event
that the City ceases to serve the property prior to the time that 200 connections are
obtained, the City shall ensure the property will continue to maintain such rights with any
subsequent sewer service provider.
4. St Paul Corporation will provide the City with a check for 53000.00 within 10
days. no City shall use those funds to hire a consultant to prepare a feasibility study for
the City with respect to the City's acquisition of the utility.
5. The City will enter a developer's agreement with St Paul that would agree to
allow the property to remain within the current comprehensive plan land use designations
and remain within zoning designations that would allow the development of the remaining
undeveloped property with general commercial uses is areas where that use is now
permitted and allow the development of residential uses up to a density of 8 units to the
acre on the remaining undeveloped property that is now designated as Medium Residential
use under the City's Comprehensive Flan. This provision would not prevent a subsequent
property owner from seeking a change in the land use and zoning to change some of the
commercial areas to residential and/or to altar the density permitted Any such request
would be evaluated by the City based on it merits. The agreement would not oblige the City
to approve any such change.
6. The developer's agreement would also recognize that the infrastructure
improvements required for the development of the property have been determined in the
agreement and that such improvements will provide adequate capacity on all affected
roadways for the development of the remaining undeveloped property with uses that do not
exceed the impacts of 145 acres of commercial uses and 240 residential units. Thu provision
would not prevent the City from requiring minor improvements such as turn lanes to serve
the site at the time that the uses are developed The agreement would also exempt the
property from any future roadway impact fees assessed to the property by the -CM
G REEKR ERG TIIA URIG
Mr. Bruce Cooper
March ?A, 1993
Page 3
In the interest of providing you with an outline in writing for tonight's meeting I have
sketched the details of a comprehensive strategy to resolve the concerns of the City and
protect the development potential of the property. Complete details will be worked out
over the next two months. We are requesting that the City continue its public hearing for
at least 60 days to allow the city's consultant to provide the City with a report on the utility
issue and allow us to jointly reach written agreements on all issues.
ff"
Yours trtily,
Barbara A Hall
GRI;LrmF..RG TRAURIC
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
April 5, 1993
Mr. Gerry Hartman, P.E.
Hartman & Associates, Inc.
201 East Pine Street
Suite 1000
Orlando, F1 32801
Re: Additional Engineering
Cost Estimates for the
Water and Sewer Systems
Dear Gerry:
Proposals and Construction
City of Sebastian Anticipated
On March 30th, I accompanied Mr. Glenn Schuessler, Assistant Indian
River County Environmental Health Director, in taking chlorine
residuals and trihalomethane samples at various locations
throughout the GDU water system in Sebastian. The chlorine
residuals varied from a low of 0.2 ppm to a high of 1.5 ppm in the
distribution system and was 3.0 ppm at the plant. The
trihalomethane results will be forthcoming in approximately three
(3) weeks. I will furnish you with a copy of the results when I
receive them from Mr. Schuessler.
As a result of the tests taken yesterday and the meeting I had with
you on Friday, March 26th, I would like you and your staff to
prepare and submit the following items to me as soon as possible
for budgetary purposes:
1) An engineering proposal to design, permit, inspect,
certify, and prepare record drawings for installation of
an ammoniation system at the General Development
Utilities Filbert Street Water Treatment Plant for the
purpose of trihalomethane control. Please prepare a
preliminary cost estimate for installation of the system
and include it with your proposal.
2) An engineering proposal to design, permit, inspect,
certify, and prepare record drawings for installation of
a 10" PVC DR 18 water main with fire hydrants from the
Park Place water treatment plant site on the south side
of Stratton Avenue to the 6" looped water main at the
intersection of Stratton Avenue and Barber Street. The
water main will be approximately 1750 feet long. Please
prepare a cost estimate for construction of the water
main and include it with your proposal.
Page Two
Letter of April 5, 1993 to Gerry Hartman
3) An engineering feasibility study to determine if the
present 142,000 gallon per day percolation ponds at the
existing GDU Wastewater Treatment Plant can be increased
to 300,000 gallons per day to accomodate the increased
flow from Park Place and Palm Lake Club Mobile Park
Developments.
4) An engineering proposal to design, permit, inspect,
certify, and prepare record drawings for installation of
a 6" or larger (if necessary) DR 25 PVC force main from
the existing County lift station (370 feet east of the
entrance to Park Place) to the 8" force main on Schumann
Drive northwest of the Pelican Island Elementary School.
The force main would. be located on the north side of
Stratton Avenue and Barber Street and east side of
Schumann Drive. I't would be approximately 5,400 feet
long and most probably would necessitate replacement of
the pumps in the lift station. Please provide a
preliminary construction cost estimate for same and
include it with your proposal.
5) A proposal to provide a complete legal description for
existing boundary of the corporate city limits of the
City of Sebastian. The City will be able to provide you
with the 1959 U.S. Government General Services Agreement
having the legal description of the airport, copies of
the plats for 17 General Developemnt Corporation Units
and other subdivisions and PUD's within the City, and
recent annexations. However, records are sparse in
regard to the boundary along the Indian River.
Should you have any questions, please call me. I would like you to
prepare the proposals and preliminary construction cost estimates
in anticipation of the City of Sebastian acquiring the General
Development Utilities Water and Wastewater Systems. The above five
projects would respectively provide for:
1) Trihalomethane control at the GDU plant.
2) Elimination of the Park Place water treatment plant by
having the GDU plant be the sole provider of water to
Park Place and Palm Lake Club.
Page Three
Letter of April 5, 1993 to Gerry Hartman
3) Investigation into the feasibility of expanding the
percolation ponds at the GDU wastewater treatment plant.
4) Conveyance of the sewage from Park Place by constructing
a sewage force main from the Park Place system to the GDU
system to sever the tie to the Indian River County
system.
5) Definition of the City's corporate boundary in
preparation of master plans for water and sewer systems
within the City of Sebastian.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/pwb
enclosures
CC: Robb McClary, City Manager
29 \
GALE 1= Co00�
NO. 2
op
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
March 31, 1993
Mr. Richard Votapka, P.E.
Utilities Director
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978-0127
Re: City of Sebastian - FmHA Loan Application
Dear Mr. Votapka:
HAI #92-023.04
Enclosed are three (3) copies of the above referenced application for the City's review. Please
pass on the additional copies for the appropriate persons for review and comments. Much of
the supporting documentation to be provided to the Farmers Home Administration (FmHA)
Office, such as annual audits and budgets, are not included. This information was previously
provided to our office by the City. This supporting information will be included when the
City has completed their review of the pre -application package.
After all comments by the City have been addressed and incorporated, please have the
appropriate City Official execute the application form. If the City prefers, Hartman &
Associates, Inc. (HAI) will submit the package on behalf of the City. Please return the
executed documents to our office and we will attach all of the supporting information with the
application form. HAI will then forward the entire package to FmHA. If the City prefers to
submit the application, please advise our office and we will forward the necessary attachments
In the City prior to forwarding the application to FmHA.
1�
Jv1
201 EAST PINT STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMBS F. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • NIARK I. LURE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. Richard Votapka, P.E.
March 31, 1993
Page 2
If you have any questions or concerns, please advise.
Very Truly Yours,
Hartman & Associates, Inc.
Gary J. ReVoir II, P.E.
Project Engineer
GJR/jb/gjr/C-6/Votapka2. gjr
cc: Robb McClary, City Manager, City of Sebastian
Gerald C. Hartman, P.E., HAI
Harold E. Schmidt Jr., P.E., HAI
Robert J. Ori, CPA, HAI
Christine C. Tomlinson, HAI
CITY OF SEBASTIAN
P. O. Box 780127
Sebastian, F1 32978-0127
(407) 589-5330
FAX 589-5570
TO HARTMAN & ASSOCIATES, INC.
201 East Pine St., Suite 1000
ILTMIn MIF U121MUMUL
C.i[
March 31, 1993
,o. MC.
•1..71.1
Mr. Hal Schmidt
1t:
Palm Lake Club MHP Subdivision
1
--
---
8h" x 11" Layout of Palm Lake Club
1
WE ARE SENDING YOU M Attached ❑ Under separate cover via the following Items:
❑ Shop drawings
❑ Copy of letter
❑ Prints
❑ Change order
❑ Plans
❑ Samples ❑ Specifications
COPIES
DATE
No.
DESCRIPTION
1
--
---
8h" x 11" Layout of Palm Lake Club
1
----
--
8'11 x 14" Copy of Phase I (North Half) of Palm Lake Club
as shown cn most recent copy of the County Tax Map for
Section 20, Township 31 South, Range 39E
1
March 89
1,2,3,
Construction (Record) Drawings for Palm Lake Club former known
3A
as Sand Lake Park prepared by Masteller & Moler Associates, Inc.
1=ea
Back up Disks 1, 2 & 3 (3.5 Disks) for the Sebastian Map and
& Sebastian Zone Map Disk..
THESE ARE TRANSMITTED as checked
❑ For approval
.Z For your use
❑ As requested
❑ For review and comment
❑ FOR BIDS DUE
REMARKS
below:
❑ Approved as submitted ❑ Resubmit copies for approval
❑ Approved as noted ❑ Submit copies for distribution
❑ Returned for corrections ❑ Retum_cormcted prints
❑
19 ❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
N onda.um am net me noted, kko* no" un at area
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
March 29, 1993
Mr. Richard Votapka, P.E.
Utilities Director
City of Sebastian
P. O. Box 780127
Sebastian, Florida 32978-0127
HAIl/92-023.04
SUBJECT: CITY OF SEBASTIAN - FARMERS HOMES ADMINISTRATION LOAN
APPLICATION
Dear Mr. Votapka:
This letter is to follow up on our telephone conversation of this date regarding the above
referenced project. I have attached some reference material that may answer many of your
questions regarding the FmHA Loan Application process.
If you have any additional questions or concerns, please feel free to call me.
Very truly yours,
Hartman & Associates, Inc.
Gary
Project ngineer
GJR/j b/ C-6/ V o tapka. gj r
Attachment
cc: Robb McClary, City Manager, City of Sebastian
Gerald C. Hartman, P.E., HAI
Harold E. Schmidt, Jr., P.E., HAI
Robert J. Ori, CPA, HAI
Christine C. Tomlinson, HAI
203 EAST PINE sTR3:e'r •sura loco . ORLANDO. FL 32803
TELEPHONE (407) 839-3955 • FAX (30') 839-3-90
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. IIARTMAN • MARK L LL KE • MARK A. RN'.NNING • HAROLD 1: SCHMID'I'. IR.
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
March 30, 1993
Via Fax: (407) 839-3790
Mr. Gerald C. Hartman, P.E.
201 East Pine Street
Suite 1000
Orlando, FL 32801
Re: GDU Negotiations
Dear Mr. Hartman:
Please consider this letter as your authorization to meet with
General Development Utility officials to negotiate the purchase
of the GDU Sebastian Highlands water and wastewater facilities.
We are hopeful that negotiations can be successfully concluded by
the end of April, 1993. However, in the unlikely event the
negotiations are pending or have not been fruitful, we. will take
another tactic.
Please keep us inform as to your progress. Should you have
questions or comments, will you please call?
Sincerely,
��-'r""`^. /'7� •[_p may
Robert S. McClary'v
City Manager
RSM/jmt
cc: Richard B. Votapka, Utilities Director
Thomas Cloud. Esq.
March 26, 1993
Discuss the following with Gerry Hartman:
1) Memo re: Discussions on GDU Franchise Agreements - April 1,
1981.
2) Newspaper articles Dated March 9, March 19, March 25 & 26.
3) County Road 512 Plans in regard to sleeves under the road for
water, sewer force mains, reuse main.
4) Master Plans of the City of Sebastian on 24" A 36" Blueprints.
5) Problem with the stagnant water in the mains and no CL2
residual at Palm Lake Club.
6) FMHA Application
1) I didn't find any direct reference to acquire the Park
Place System
2) Found a lot of redundancy of forms
3) Found a lot of redundancy in budget item figures
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March 26, 1993
Discuss the following with Gerry Hartman:
1) Memo re: Discussions on GDU Franchise Agreements - April 1,
1981.
2) Newspaper articles Dated March 9, March 19, March 25 & 26.
3) County Road 512 Plans in regard to sleeves under the road for
water, sewer force mains, reuse main.
4) Master Plans of the City of Sebastian on 24" X 36" Blueprints.
5) Problem with the stagnant water in the mains and no CL2
residual at Palm Lake Club.
6) FMHA Application
1) I didn't find any direct reference to acquire the Park
Place System
2) Found a lot of redundancy of forms
3) Found a lot of redundancy in budget item figures
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
March 24, 1993 HAI #92-023.00
VIA FACSIMILE
Mr. Robert S. McClary`' ..
City Manager < MAR 1993
City of Sebastian 10
P.O. Box 780127
Sebastian, Florida 32978-0127
SUBJECT: March 23, 1993 Telephone Conversation with Charlie Fancher
Dear Mr. McClary:
P.
After 5:00 A.M. on March 23, 1993, I received a telephone call from Charlie Faucher
regarding the City of Sebastian's desire to acquire the GDU facilities. After the first few
formalities, I responded to his letter verbally stating that we had previously sent him a letter
stating that a hearing officer would not be utilized in the review of a rate case by GDU, and
that the rate case would be handled in the fashion provided for in the City ordinances.
Next, we got into the restrictions for potential acquisitions and negotiations, and the ground
rules. He asked if the same restrictions are in force, and I reiterated the following restrictions
to him:
1. Consumer rates must not increase greater than Indian River County's.
2. The City will not require mandatory hookups or impose taxes or assessments to support
the acquisition.
3. The acquisition must function as an enterprise fund without subsidies and without
incurring a negative cash flow.
He stated that he had talked with Larry Rutherford and felt that he was also operating under a
few restrictions. Those restrictions were as follows:
Maximize the cash payment up front.
2. No impact upon a grouped sale of their other utilities.
3. A purchase price which is at least equivalent to the cost from the other entities that they
are talking to in their negotiations (i.e., the sale to the City at the same cost as to other
entities desiring the purchase of this system.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK 1. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT. JR.
Mr. Robert S. McClary
March 24, 1993
Page 2
4. Consideration of futures to a minor extent.
He stated that he wanted to reiterate his letter in that he would like to have a process developed
for proceeding. He wished to find out:
1. Whether he could negotiate an agreement which he could recommend to his superiors
and that I could recommend to the City of Sebastian for review and consideration.
Therefore, he wished to see if there was a common ground that could be attained
between the two of us in a private meeting.
2. If a common ground can be attained, he wished to have a second meeting which would
include review, consideration, questions and other discussions with the decision makers
on both sides.
3. If this second meeting is fruitful, then concurrent activities for operational transition,
asset transfers, real estate closings and associated activities, regulatory and
administrative matters, and financing, such that the third time period could be
accomplished in 60 days, plus or minus.
In the above manner, he felt that the activities could be accomplished possibly in the month of
June, 1993, and having closing occur in that month on the transaction.
At that juncture, the telephone conversation ended with my scheduling a confidential meeting
with him at 10:00 A.M. on April 8, 1993.
This memorandum also serves as my request to the City of Sebastian to authorize me to
discuss this acquisition with Mr. Fancher in private in a confidential meeting to potentially
resolve a framework to get the deal done. This negotiation, of course, would be subject to
review, modification, approval and renegotiation to some extent within the bounds of the
framework of the deal and to include more specificity by the City. He just wants to know
whether we can get to a deal or not, and if he is not willing to get to a ballpark program which
we can live with, then I am of the opinion to recommend to the City to proceed with the three -
appraiser procedure associated with this acquisition.
It is my opinion that, at this juncture, GDU may still look for a settlement negotiation once
they see the resolve of the City to proceed with the procedures set forth in the franchise and to
minimize their expense, due to the fact that they may realize their expenses are not
reimbursable and that the City may still back out of the transaction if an appropriate, fair
purchase price cannot be attained. Even if GDU does not negotiate after we put in the
procedure for the appraisals, at least the City would then have three (3) independent appraisals
of the system, which would form the basis of value consideration for potential acquisition.
Mr. Robert S. McClary
March 24, 1993
Page 3
I recommend that we have this last negotiation meeting with Mr. Fancher. If we cannot come
to a reasonable framework which I can recommend to the City as a fair and equitable price
within the bounds of comparable sales and in consideration of the City's franchise agreement,
then the City may decide to:
1. proceed with the formal three -appraisal process; or
2. negotiate themselves with GDU at that juncture.
I am requesting the City Manager's approval for me to meet with GDU on behalf of the City
in a confidential meeting and to approve this limited strategy and process stated above. Please
give me a call at your earliest convenience with your authorization.
Very truly yours,
Hartman & Associat ,
Gerald -C. Hartman, P.h.
President
GCH/ch
C 19/McClary. gch
cc: Rich Votapka, City of Sebastian
Tom Cloud, GHR
Hal Schmidt, HAI
v
General Development Utilities. Inc.
An Adwtic Guff Communmea Corporallon Suoslolary
2601 SOUTH 9AYSHORE DRIVE
MIAMI. FL 33133-Se61
(30s)859-4331
Mr..: Ge;� C. Hartman, A
President
Hartman & Associates, Inc.
201 East Pine Street
Suite 1000
Orlando, Florida 32801
rAR
PUP2 2 1gg3
---------------------------
�rJ U u u
Charles E. i
PRESIDENT
March 19, .
RE: SEBASTIAN HIGHLANDS WATER AND WASTEWATER SYSTEM
Dear Gerry.
I have received yourrecent letter on behalf of the City of Sebastian and disagree with
your characterization of prior communications and conduct of the parties. I do not
think it productive to comment on any implied characterization of the Franchise
Agreement in yourletter, but our failure to comment in this regard should not be taken
as acquiescence. I offer the following comments relative to the present situation.
I think we both agree that preliminary discussions to date regarding the City's desire
to acquire GDU's Sebastian utility system have not been productive. We are willing
to pursue further discussions in good faith, but only in a confidential setting. We
welcome your thoughts as to how this can be accomplished. If the City is ultimately
to acquire the GDU system, it is in the best interest of both parties to do so in a
concertedmanner and avoid the time and expense involved in adversarial proceedings.
When l discussed the City's potential interest last Fall, I advised that GDU desired to
file a request for general rate increase. I also advised you and Mr. Mc Clary that given
the City's interest in acquiring the Utility, a hearing on the rate increase should be
conducted by a hearing officer from the Department of Administrative Hearings to
avoid a conflict of interest which could result if the City Council were to try to decide
the case. More than six months have passed, and I have received no response to this
suggestion. I believe the facts in this regard are unchanged, and I renew the
suggestion that the City request a DOAH officer to hear our request for rate increase.
March 19, 1993
Mr. Gerald C. Hartman
Hartman & Associates, Inc.
Page 2
If the City wishes to proceed with a purchase under the franchise the process should
begin now since any actions of the City at a later date may interfere with our sale to
another party.
Very truly yours,
Charles E. Fancher, Jr.
President
CEF/cc
cc: J. Larry Rutherford
Thomas W. Jeffrey
Robb McClary, City of Sebastian
Rick Votapka, City of Sebastian
Charles Nash, City Attorney
Tom Cloud, GHR
03/23/93 18:29 $407 809 3790 HARTMAN ASSOC 444 SEBASTIAN Q001
pAIR HARTMAN & ASSOCIATES, INC.
�® engineers. hydrogeologists. surveyors & management consultants
201 EAST PINE STREET — SUITE 1000 — ORLANDO, FL 32801
TELEPHONE (407) 839-3955 — FAX (407) 839-3790
FACSIMILE T
DA `i ;;
WE ARE SENDING YOU PAGES. INCLUDING THIS COVER SHEET.
THESE PAGES ARE BEING TRANSMITTED AS INDICATED BELOW.
`6.AS REQUESTED
l
❑ FOR YOUR USE
EJ FOR YOUR COMMENTS
❑ FOR YOUR APPROVAL
❑ WILL BE SENT VIA REGULAR MAIL
0 WILL BE SENT VIA OVERNIGHT MAIL
IF THERE ARE QUESTIONS OR PROBLEMS WITH THIS TRANSMITTAL,
PLEASE CALL (407) 839-3955
F tor.
CITY OF SEBASTIAN
UTILITIES DEPARTMENT
DATE: March 17 1993 TIME: 3:00 PM [
[ ) CONFERENCE WITH:
[ g ) TELEPHONE CONVERSATION WITH: Gerry Hartman. Hartman & Associates, Inc.
SUBJECT: GDU 1981 Franchise Agreement Authors
RESUME OF CONVERSATION:
After considerable research. I called Gerry to provide him with
several names of people who may have authorized the 1981 GDU water
and sewer Franchise agreements or who may have considerable
knowledge about the agreements. The names of the people are as
follows:
1) Nancy Roen, Atty.- GDU Corporate Attorney who may have written
the documents.
2) Joanne Trusty, GDU Utility Specialist, who provided technical
assistance.
3) Wayne Allen, Atty.- GDU's Chief Attorney who had numerous
discussions with Pat Flood, Mayor of Sebastian from 1977-1984,
in regard to the wording of the franchises.
4) Pat Flood - Former Mayor of Sebastian from Dec. 12, 1977 to
March 19, 1984, who knew most of the corporate staff of GDU
and was involved in GDU's rate increase hearings in 1981.
His work number is 407-295-0266, Walnut Street Securities.
5) Dan Kilbride, Atty. - Former City Attorney who was involved
with the review of the franchise agreements in 1981. Dan is
now in Tallahassee at 904-488-9675.
COPY TO (Files) GDU, Hartman & Associates, Inc.
FACSIMILE TRANSMISSION LEAD SHEET
FAX TO:
(FAX NUMBER)
Ti, NMC- ; /O'. /0 fiM
DATE: M k-iac.�A %k I 19 ,1 3
NUMBER OF PAGES TO FOLLOW THIS COVER SHEET:
TO/NAME: G E¢e.`( NR2'TMAN
COMPANY NAME: lAAR.-TMAm Z, AssoC,tn-es, ltic
CITY/STATE: O T--, L. P, Ni o o % F-- L -c=, 2 \ O N
LOCATION:
PHONE: I -600-86t- 3957S-
FROM/NAME:
RSS
FROM/NAME: CITY OF SEBASTIAN UTILITIES DEPARTMENT
LOCATION:
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PHONE:
589-5330
SUBJECT:
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THIS FAX WAS TRANSMITTED FROM 589-5570°
MESSAGE: -P(-'I-ASE 2eV%eW THIS 0E- -74 SHo2-r'hND
GEVAG-RA1.1-t60 " LE-t—FefL Z AN N0007 -To sruD to AVE Ftsgr1L.
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City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
)Z
March8O 1993
Mr. David Fisher, P.E.
Peter Jones, Architect, P.A.
1627 U. S. Highway 1
Sebastian (PUD), F1 32958
RE: Potable Water Service for the Saint Sebastian Planned Unit
Development, Sebastian, F1.
Dear Mr. Fisher:
As a result of our meeting on March 2, 1993, in reference to the
above, I met with both City Manager Robb McClary and the City's
environmental engineering consultant, Gerald Hartman of Hartman &
Associates. Inc. After our discussion as to the possibilities of
joint cooperation between the City and Mr. Carl Julian, owner of
the Saint Sebastian PUD, we reached the following conclusions:
1) The City is definitely interested in supplying potable
water to the Saint Sebastian development since the entire
project is within the corporate limits of the City of
Sebastian.
2) It would be advantageous for the City to have a water
treatment plant located adjacent to the City Hall complex
for reasons of operation and security.
3) Both the first phase of development of the Saint
Sebastian P.U.D. (36 units) and the City Hall complex
would mutually benefit by having potable water supplied
by a common plant. Initially, a small plant can be con-
structed with provision for major expansion in the
future to serve the needs of the Saint Sebastian P.U.D.
as it develops in stages. There is a possibility that
the emergency generator which now provides emergency
power for City Hall and its water plant will have
sufficient generating capacity to provide power for a
new plant serving both the first phase of the Saint
Sebastian development and the City Hall complex. This,
of course, also depends on the distance that the plant
will be located from the city hall generator so that
voltage drops and power losses are minimized.
Mr. Dav d Fisher
March 11Z993
Page Two
4) There is great potential for locating wells within the
312 acres of the Saint Sebastian P.U.D. The City of
Sebastian would want easements for the wells and raw
water mains to be dedicated to the City for installation,
operation, and maintenance purposes.
5) The plant storage would be so designed as to provide for
500 gallons per minute fire flow which would certainly
lower insurance ratesfor 'the residences in the
Saint Sebastian P.U.D.
6) A developer's agreement would be consummated between the
City of Sebastian and the owners of the Saint Sebastian
development following negotiations in regard to supplying
� ��ter_to the project in exchange for dedication of lands �y�.w+ of
hers car"" —to the City for construction of wells, raw and finished
G� water mains, and the treatment plant.
adOf
Subsequent to our meeting. I discussed the proposal with Bruce
Cooper, Community Development Director, who provided me with a site
plan for the 10.07 acre parcel north of City Hall and the
conceptual plan for the Saint Sebastian P.U.D. I plotted the
10.07 parcel and a portion of the PUD relative to the City Hall
complex. During our March 2nd meeting, you circumscribed the area
on the aerial photograph to show the proposed location for the well
field and water treatment plant. It just so happens that the
majority of the designated area is situated within the 10.07 acre
parcel which is owned by the Sebastian Development Project, Inc. in
which you are a principal of the firm. Bruce Cooper informed me
that as of last week, March 1, 1993, the one year extension granted
by the City for your site plan approval had expired. Therefore, I
definitely want to know if your 10.07 acres can be included in the
negotiations for a developer's agreement to construct a water
treatment plant and related appurtances? Your property separates
the City Hall complex entirely from access to the Saint Sebastian
PUD.
I have discussed the possibility of a "north" City water treatment
plant with Harry Asher, Assistant Utilities Director of Indian
River County. He stated to me that the County has an automatic
lien filed against the Saint Sebastian PUD as a result of the owner
failing to pay the monthly base facility charges. Since the
purchase of ERU's for connection to County sewer, the monthly
charges have not been paid by the Developer. Mr. Asher said that
the owners of the P.U.D. will not be able to dedicate any land to
the city for any purpose unless the lien is satisfied.
/Z -
Mr. DaidFisher, P.E.
March C8, 1993
Page Three
I would like clarification as to the involvement of your 10.07 acre
parcel and the resolution of the lien with Indian River County as
soon as possible.
Also, I would like to see any specific findings -of -fact that you
have in your files from Jim Frazee of the Saint Johns River Water
Management District or the owner's engineer in regard to water
quality and quantity within the confines of the Saint Sebastian
PUD. Since you had informed me that all of the wetlands on the
project were identified, I would like to have a copy of a map
showing those jurisdictional boundaries and any other pertinent
documents which would be of use in determining well sites.
Gerald Hartman had suggested a meeting with him so the three of us
could discuss the specifics of a well field, water treatment plant,
and water lines as well as posturing a developer's agreement. I
would like to schedule a meeting at both his and your earliest
convenience. However, first I would want the issues related to
your 10 acre parcel and satisfaction of liens by your client
resolved in a manner acceptable to the City for negotiations to
begin for joint effort participation. I think both these items pose
serious impediments to implementation of a water system to serve
your client's project at this time.
Please be advised that ultimately the final decision as to the
approval of the developer's agreement for the City of Sebastian to
supply water to the Saint Sebastian PUD will be made by the
Sebastian City Council.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/ar
CC: Robb McClary, City Manager
Gerald Hartman, Hartman & Associates
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
MEMORANDUM HAI //92-023.04
TO: Hal Schmidt, Gary ReVoir, Bruce Lafrenz
FROM: Gerry Hartman API
DATE: March 4, 1993
SUBJECT: City of Sebastian Farmers Home Administration Pre -application Submittal
On March 3, 1993, Mr. Robb McClary and Richard Votapka of the City of Sebastian met with
me relative to the City of Sebastian projects. The City has requested a full copy of the
application and supporting documents of the Farmers Home Administration submittal. I
appreciate your attention to the above matter.
Also, Mr. Richard Votapka will be our client contact primarily with the City of Sebastian on
utility matters. Attached to this memorandum are several things.
A copy of a telephone conversation that he had with FDER regarding the Farmers
Home Administration project. Please read this and see how it applies to what is going
on.
2. Conversations with Dave Fisher relative to a 300 -acre project adjacent to City Hall for
water and sewer facilities. We believe that the sewer facilities will be handled simply
by tying into the Indian River County pump station and dedicating the facilities to the
City of Sebastian and this project being a City of Sebastian customer.
Behind City Hall, there is an approximate 3 -acre parcel just north of the Police
Complex which is owned by the City, and Mr. Fisher owns the out parcel adjacent to
this block of property to the west to be fronting his new development road. That
additional piece of property is approximately 5 acres. Combined, it could be an 8 -acre
site adequate for a water treatment facility where the City of Sebastian's north water
treatment plant would be located. I suggested that Mr. Votapka work with Bruce
Lafrenz relative to getting future well sites dedicated from the developer and combining
this system into a north water treatment plant on a phased basis. Attached please find
his telephone conversations on this issue.
End of memorandum.
GCH/ch
C19/Sebas.gch
cc: Richard Votapka, City of Sebastian
201 EAST PINE STREET • SUITE 1000 •ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK L LUKE • MARK A. RYNNING . HAROLD E. SCHMIDT. JR.
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
March 3, 1993
VIA FACSIMME
Mr. Charles E. Fancher, Jr.
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
HAI #92-023.04
Subject: Sebastian Highlands Water and Wastewater System - Negotiations
Dear Charlie:
It has been about 11 months now that we have been trying to negotiate with you, and you have
yet to provide us with a proposal from General Development Utilities, Inc. (GDU). I cannot
recall all the different times that I have tried to call you, left messages and have written you
letters relative to the City of Sebastian trying to negotiate this acquisition with GDU.
Based upon your lack of action to date, even though both you and Larry Rutherford have
promised that you would get back to us with a proposal, I am forced to suggest to my client
that they consider exercising their option under Section 16, Conveyance of System, of the
Franchise Agreement with GDU (copy attached).
I think we all know the City has conducted itself with extensive good faith efforts to negotiate
a transaction with GDU, only to be faced with no response and no action from the company.
If this system is to transfer into public ownership, then it must be my recommendation to the
City to consider exercising our option under the Franchise Agreement.
If GDU wishes to negotiate this transaction, then please respond to me by March 18, 1993.
Your silence will be considered as rejection of the negotiation option, as would be a letter
which states the same.
c,ty
�.� l; � t; � "• eta 1
/'%A,F/�}/.0 SwiC�i/feW� Fi,/ANGE P7iREcfi.c. l:�,c1''-� �19r�3 `'1
201 EAST PINE STREET • SUITE 1000. ORLANDO, FL 32801 _
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK I. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. Charles E. Faucher, Jr.
March 3, 1993
Page Two
I look forward to hearing from you prior to March 18, 1993.
Very truly yours,
Hartman & Associates, Inc.
LeCV,HV+,an, P.E.
Presiden
GCH/ch
C17/Fancher.gh
Attachment
cc: Larry Rutherford, GDU via facsimile
Robb McClary, City Manager, City of Sebastian
Rich Votapka, P.E., Utilities Director, City of Sebastian
Charles Nash, City Attorney
Tom Cloud, GHR
APPENDIX A—FRANCHISES Art. I, § 16
Section 14. [Rights, liabilities, etc., binding on parties.1
This franchise and all the rights, privileges, obligations and liabilities hereunder shall be
binding on the said council and the said company, and their successors and assigns.
Section 15. [Consideration-]
That within thirty (30) days after the first anniversary date of this franchise and within
thirty (30) days after each succeeding anniversary date of this franchise the company, its
successors and assigns, shall pay to the city and its successors, an amount which added to the
amount of all city taxes, licenses and other impositions levied or imposed upon the company's
property, business or operations for the preceding tax year will equal six (6) per cent df
company revenues from the sale of water service to residential and commercial customers
within the corporate limits of the grantor, but excluding contributions -in -aid -of -construction
and connection charges for the twelve fiscal months preceding the applicable anniversary date.
Any franchise fee to be collected shall be shown as a separate item on the company's bills to
its customers.
Section 16. [Conveyance of system.]
Within a reasonable time, which time shall not exceed one hundred eighty (180) days,
after the city has notified the utility of its intent to terminate the franchise and to acquire the
system, the franchise holder shall convey all of its facilities together with all easements to the
City of Sebastian. The time for conveyance of the system may be extended by action of the city
council should the utility demonstrate to the satisfaction of the city council that it has expe-
rienced a delay in its ability to convey the system which delay was unintentional and beyond
its control. Said conveyance by the utility shall be without encumbrance. At this time the
franchise holder shall convey unencumbered all of its facilities together with all easements, to
the City of Sebastian, without charge as to all property contributed to the utility; provided
further, however, that the city shall have the right to purchase the remaining assets of the
utility based on the average of the net original cost and a price as computed and agreed upon
by three (3) competent and qualified appraisers. The city shall select an appraiser, the utility
shall select an appraiser, and these two (2) appraisers shall mutually agree upon and select a
third independent appraiser and these three (3) appraisers shall arrive at the value of the
utility and the sales price involved. However, the city shall not be required to purchase and no
value will be placed on additions or extensions to the system which were paid for as
contributions -in -aid -of -construction by any person, firm or corporation other than the utility.
At the end of the franchise period, the city shall not be required to pay to the utility any
amount for goodwill and the appraised value shall be based entirely upon physical assets only,
and provided further that in the event said board of appraisers cannot agree as to the price to
be paid by the city, then the city may file appropriate condemnation proceedings under Florida
law. Prior to the utility conveying the system to the city, a detailed and accurate set of record
drawings showing location, sizes, and types of water mains, fittings, are hydrants, services,
and other pertinent information shall be furnished to the city o re uci a my ars Ariy
franchise granted by the city shall include the above requirement.
CDA. 11
Art. I, § 17 SEBASTIAN CODE
Section 17. [Fire hydrants.]
In any area to be served by the utility, the water distribution system must be designed to
provide fire fighting facilities and hydrants as necessary to meet requirements of the National
Board of Fire Underwriters, Class 8, except that no lot in a single-family residential area shall
be more than five hundred (500) feet from the nearest hydrant as measured along the public
right of way. Within ninety (90) days following final completion of each particular section of
water distribution systems as approved by the State of Florida Department of Environmental
Regulation an updated map showing all of the fire hydrants and their rated fire flow shall be
submitted to the city and the Sebastian Volunteer Fire Department. Failure to provide such
a map at the end of the ninety -day time period may result in a fine of fifty dollars ($50.00) per
day to the utility if so ordered by the city council until such time as the map is submitted.
Section 18. [Forfeiture of grant.]
The failure on the part of company to comply in any substantial respect with any of the
provisions of this ordinance shall be grounds for forfeiture of this grant but no such forfeiture
shall take effect if the reasonableness or propriety thereof is protested by company until a
court of competent jurisdiction, with a right of appeal in either party, shall have found that 3
company has failed to comply in a substantial respect with any provisions of this franchise and
the company shall have six (6) months after the final determination of the question to make
good the defaults before a forfeiture shall result with the right in council, at its discretion, to
grant such additional time to company for compliance as necessities in the case required.
Section 19.. [Repealer.]
Ordinances 175 and 203 are hereby specifically repealed in their entirety. Any and all
ordinances granting General Development Utilities, Inc., or General Development Corpora-
tion a water franchise are hereby repealed in their entirety.
Section 20. Severability clause.
It is declared hereby to be the intent of the council that, if any section, subsection,
sentence, clause or provision of this ordinance is held invalid, the remainder of the ordinance
shall not be affected.
Section 21. Effective date.
The provisions of this ordinance shall become effective ten (10) days after the date of its
enactment, subject to the utility's acceptance of this franchise in writing.
CDA 12
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
March 3, 1993
Mr. Gerald Hartman, P.E.
Hartman & Associates, Inc.
201 East Pine Street
Suite 1000
Orlando, Fl 32801
I enjoyed meeting you today and touring
conference in regard to the purchase of
Utilities Water and Wastewater Systems,
Unit Development Water Treatment Plant,
County Road 512 was extremely beneficial
Sebastian's new Utility Director. I look
your office. I think our
the General Development
the St. Sebastian Planned
and Utility Crossings for
and helpful to me as
forward to working with
you in the future and hope that you and your firm can help solve
all of the problems the City of Sebastian is facing in establishing
its own municipal water and wastewater systems.
Sincerely,
Richard B. votapka, P.E.
Utilities Director
RBV/ar
cc: Robb McClary, City Manager
I
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologlsts, surveyors & management consultants
3
January 4, 199X HAI #92-023.04
Mr. Rob McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Subject: General Development Utilities, Inc.
Discussion with Charlie Faucher
Dear Mr. McClary:
On January 4, 1993, I had the opportunity to have a lengthy discussion with Charlie Fancher
relative to the potential acquisition of General Development Utilities, Inc. (GDU) in the
Sebastian system.
He informed me that the City's latest offer was not acceptable to GDU and that is why they
had not responded to date. Moreover, they were quite busy and in the process of continually
loosing staff. I inquired from him, after some discussion, to find out what Idnd of deal we
could possibly arrange. He stated the following:
1. $1 million down payment.
2. The payment of additional bonding capacity up to a maximum of $400,000.00 after
debt financing is put in place within one (1) year, if such debt capacity is available at
Indian River County rates and charges.
3. Payment of $1,214.00 per ERC for the next 3,000 ERC's as they accrue to the system
within or outside of the GDU plat, including, but not limited to, those ERC's
transferred to the City from the County with the repayment of those capital charges by
the County to the City for those customers (those customers which have participated
and have not defaulted in the County's capacity sale program to be off -set by County
growth in payment of the capital charges to the City.
4. Mandatory connection where existing sewer lines are, including mandatory connection
of existing homes and new homes, although there would be no commitment for vacant
lots to be mandatorily, connected or to be charged.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK I. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. Rob McClary
January 4, 199' 3
Page 2
5. A commitment by the City for an active water and sewer expansion program to provide
services to those owners who presently do not have service in a defined program.
Basically, what he was saying was that he would like to get the $1 million down, potentially as
much as another $400,000.00 from the debt capacity once the rates are changed to a rate no
greater than the County's rates, and the transfer of impact fees at a $1,214.00 per ERC rate
for the next 3,000 ERC's, which would be expedited by the previous capacity sale of ERC's
and growth, not only in the GDU development, but also throughout the City of Sebastian.
Generally, this drives a total payment number between $4.6 and $5 million over time.
Moreover, there are probably well in excess of 100 ERC's already connected to the County
system, which are increasing all the time due to the County's capacity sale program. In this
manner, the growth rate of ERC's and therefore, the discounted present value would not only
be the growth rate within the City of Sebastian, but also the growth rate in the north County
unincorporated area as substituted for the capacity sale ERC's. This makes the growth rate at
a much higher rate for the short-term period and therefore, decreases the discount on the
futures, in their opinion.
I mentioned to Charlie that if that is their proposal, I would appreciate receiving a letter from
him in writing as to their position, and then we would do our best to work to a reasonable
negotiation in consideration of their position. Charlie talked about timing and that he was
quite busy at this juncture with a limited staff, and would want to have a fruitful, yet quick,
negotiation which had a reasonable period between the negotiation and final closing, such that
the limited staff that he had could accomplish those necessary tasks to get to closing.
Nonetheless, he did not want to have staff dedicated to this function for too long a period of
time. A date of July 1st was thrown out, providing approximately six (6) months for the
process.
I requested from him that he also tell us when they may wish to renew negotiations and make
such negotiations exclusive with the City. He said that he would get with us relative to that
issue and then started talking about other matters.
I guess our position at this time would be just to wait on Charlie's letter, unless the City would
desire some other course of action. I would also recommend a conference discussion with City
staff, ourselves, special counsel and City Council relative to the costs and probable value
associated with exercising of our option of the contract in comparison with negotiations as
outlined as shown herein.
Mr. Rob McClary
January 4, 1992
Page 3
My very best to you and your staff for 1993.
Very truly yours,
Hartman & Associates, Inc.
Gerald C. Hartman, P.E.
President
GCH/ch
C17/McClary2.gch
cc: Hal Schmidt, HAI
Rob Ori, HAI
Tom Cloud, GHR
Charles Nash, City of Sebastian
Michael Hudkins, City of Sebsti
12/11/92 12:01 '6407 839 3790 HARTMAN & ASSOC.
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeotoOts, surveyors & management consultants
September 24, 1992
W. Michael Hudldns
Director of Finance
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978-0127
Subject: Farmm Home Application
Dear Mr. Hudldns:
HAI #92-023.03
Per our conversation, the following is the necessary information that is needed from the City
to complete the Farmers Home Application.
The City Charter (proof of Legal Organization),
The City's audits for 1987 to present.
The 1993 Budget.
Schedule and status of outstanding financial obligations_
Certified copies of outstanding bond ordinances. R -
6.coand
v`h2c- ccfi�--Y�IH�avrricci •rw:_ ,.h., ... �., Of the capital
( 7.) Completion of the FL Guide 16 form regarding certification of prior
indebtedness (copy of form follows).
Rke I (_
201 FAST PINS SIAr:ET . StJrrE 1000. ORIANDO, FL 3280!
T&J,PHONE (407) 839.3955 • PAX (407) 839.3790
PRINCIPALS, JAMES E. CHRISTOPHER - CI ARLrS w, DRAKE. GERALD C. HARTMAN - MARK 1. LUKE - MARK A. RYNNING - HAROLD F. SCHMIDT.JIL
City of Sebastian
tf a- I E+
WATL2
I I
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MEMORANDUM
TO: Kay O'Halloran, CMC, City Clerk
FROM: Michael L. Hudkins, Finance Director
DATE: December 11, 1992
SUBJECT: Copies of Certain Records for Utility Financing
Enclosed is a copy of a facsimile from Hartman & Assoc., requesting
certain documents requiring assistance from your office. I have
highlighted those items requested that are more likely to be a part of your
records. Please supply us copies of these records facilitate funding
analysis for utilities acquisition as requested by Hanan &Assoc.
/16-
q /� y/9 2
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MEMORANDUM
TO: Kay O'Halloran, CMC, City Clerk
FROM: Michael L. Hudkins, Finance Director
DATE: December 11, 1992
SUBJECT: Copies of Certain Records for Utility Financing
Enclosed is a copy of a facsimile from Hartman & Assoc., requesting
certain documents requiring assistance from your office. I have
highlighted those items requested that are more likely to be a part of your
records. Please supply us copies of these records to facilitate funding
analysis for utilities acquisition as requested by Harf�nan & Assoc.
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
February 21, 1992
Mr. James Chanceller
County Administrator
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Subject: Bulk Wastewater Rate - City of Sebastian
Dear Mr. Chanceller:
HAI #91-174.00
We have received a copy of the Bulk Wastewater Rate Study prepared by CH21AHM for the
County regarding wholesale wastewater service to the City of Sebastian. Based on our review,
we have some reservations regarding the derivation of the wholesale rate and the relationship
of the level of the rate when compared to the County's retail rate.
One concern we have deals with the allocation of costs among the expense classifications (e.g.,
collection, treatment, etc.). There was really nothing mentioned in the CH2MHill Study
regarding the basis for the allocation among the expense categories and we never received any
of the operating and capital budgets we had earlier requested. It would be helpful to us to
receive these documents. This would also assist us in the identification of total costs and the
reconciliation of such costs to the tables in the CH2MHill Report (.e., differences in cost
figures reflected in the tables included in the Appendix of the Report
It also appears that the calculation of the rate did not take into account other available revenues
such as interest income on operating and debt service funds. We would appreciate that a
breakdown of interest income by fund balance, as well as other operating revenues allocable to
the wastewater system, be provided to us.
Another question we have regarding the analysis deals with the allocation of administrative
costs reflected in the operating expense fisting reflected in the report. We feel that it is
inappropriate to allocate these costs based on total operating expenses, since several of the
items have no relationship to such costs. For example, the cost of electricity, purchased sewer
expenses, and bad debt expenses have no relationship to travel or uniforms. Additionally,
other administrative charges are not even reflected on the detail tables reflected in the study.
Thus, it would be beneficial if the County would provide more detail for the determination of
the allocation, including plant account balances, detailed listing of salaries and wages, and
descriptions of the expenses by department.
201 EAST PINE STREET • SLTM 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • :NARK 1. LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
Mr. James Chanceller
February 21, 1992
Page 2
The report also stated that a certain amount of debt service associated with the collection
system was allocable to the bulk wastewater rate. Second, only the transmission facilities from
the point of delivery to the County's system from the City's facilities to the wastewater
treatment plant facilities, which are jointly used, should be reflected in the rate for service. It
appears that the full cost of these facilities have been allocated to the City. It would therefore
be helpful if the County provided copies of all Official Statements, Bond Resolutions, etc.,
relative to the financing of these facilities, so an accurate assessment of cost can be
determined. We already stated that the plant account balances would be helpful (this should be
by plant account type).
Finally, is unclear to us how the billing costs are allocated; i.e., is the rate applied on a per
meter basis (one account due to master meter), or per residential connection. Also, there is no
delineation of costs for our review. For example, if bad debt expenses are included in this
charge, it would not be appropriate for the City to incur such a cost.
As you can see, Mr. Chanceller, we have several questions regarding the Bulk Wastewater
Rate being offered by the County, some of which are briefly discussed above. As a result of
our questions and concerns, we would like to meet with the County and its consultants at the
earliest convenience to discuss these issues. This would probably be beneficial since we may
be able to avoid a lot of expense to both the City and County regarding detailed analyses of
this rate. As previously mentioned, we feel that the rate differential between the County and
the City for the recognition of bulk service is not reflective of the industry based on the
conditions of service, as shown below for a few comparable utilities
Percent of Bulk Rate
To Retail Rate (*)
Altamonte Springs 67.3%
City of Melbourne 67.7%
City of St. Petersburg 47.1%
Volusia County 86.2%
Mr. James Chanceller
February 21, 1992
Page 3
We appreciate your efforts in working with the City on this matter and look forward to hearing
from you soon.
Very truly yours,
Hartmann& Associates, Inc.
a 0,
Robert J. Ori
Manager of Rates and Finance
RJO/ch
C9/Chanclr.to
cc; Robert McClary, City Manager, City of Sebastian -
Michael L. Hudkins, Finance Director, City of Sebastian
Thomas A. Cloud, Esquire, Gray, Harris & Robinson, P.A.
Gerald C. Hartman, HAI