HomeMy WebLinkAbout1993 12 20 - Acquisition of Sebastian Lake Water and Wastewater Facilities,� r7
HARTMAN & ASSOCIATES, INC. " ,Z 1933
engineers, hydrogeologists, surveyors & management consultants: ': ?_ ,__' TE
December 20, 1993 HAI N92-023.
Mr. Richard Votapka, P.E.
Utilities Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
PRINCIPALS:
Rubc"J. Od. M.U.A.
Wili.m D. M.,m P.E.
Stmt C. Quintin. FE
Mmomby A, Hucbuli, RE
Subject: Chapter 180.301, Florida Statutes Documentation for the Acquisition of the
Sebastian Lakes Water and Wastewater Facilities
Dear Mr. Votapka:
As requested, Hartman & Associates, Inc. (HAI) is pleased to submit this proposal to the City
of Sebastian relative to the preparation of the Chapter 180.301, Florida Statutes (FS)
Document for the acquisition of the Sebastian Lakes water and wastewater system. The
document will respond to the nine (9) questions outlined in Chapter 180.301, F.S., and are
itemized below:
1. The most recent available income and expense statement for the utility;
2. The most recent available balance sheet for the utility, listing assets and liabilities, and
clearly showing the amount of contributions -in -aid -of -construction and the accumulated
depreciation thereon;
3. A statement of the existing rate base of the utility for regulatory purposes;
4. The physical condition of the utility facilities being purchased or sold;
5. The reasonableness of the purchase or sales prices and terms;
6. The impacts of the purchase or sale on utility customers, both positive and negative;
7. Any additional investment required and the ability and willingness of the purchaser to
make that investment, whether the purchaser is the municipality or the entity
purchasing the utility from the municipality.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE
Mr. Richard Votapka, P.E.
December 20, 1993
Page 2
8. The alternatives to the purchase or sale and the potential impact on utility customers if
the purchase or sale is not made; and
9. The ability of the purchaser to provide and maintain high-quality and cost-effective
utility service, whether the purchaser is the municipality or the entity purchasing the
utility from the municipality.
As you are aware, our firm fully understands the requirements of the Chapter 180.301 F.S.,
and have prepared similar documents during the past two (2) years for a number of public
entities, including:
1. the City of North Port;
2. the City of Palm Bay;
3. the City of Sanibel;
4. the City of Sebastian; and
5. Clay County (Chapter 125.3401, F.S.).
It is proposed that this project can be completed in three (3) tasks which will include the
following:
1. Data collection.
2. Preparation of the 180.301, F.S., document.
3. Public hearing.
Included in Attachment "A" are our General Provisions. Our estimated cost not -to -exceed is
3,S00 $3,M5.96, as summarized in Exhibit "A". We would expect to begin our services promptly
,A. after notice to proceed, and shall complete the project within two (2) weeks. It is proposed
Knz that a draft 180.301, F.S., document will be submitted to the City within one (1) week for
`IwIgA, your review. Following the City's review, the comments received in writing will be
incorporated into the final document. The final 180.301, F.S., document will be submitted
within two (2) days from receipt of the City's comments.
If the above and the attachments satisfactorily set forth your understanding of our discussions,
we would appreciate your signing one (1) copy of this proposal and returning it to our
Mr. Richard Votapka, P.E.
December 20, 1993
Page 3
offices. If you have any questions regarding this agreement or the attachments, please do not
hesitate to contact me.
N L
SOMME=
Witness
Witness
HES/ch
P13/Votapka2.hes
Attachment
Very truly yours,
Hartman & Associates, Inc.
t
arold E. Schmid, Jr., P.E.
Vice President
City of Sebastian, Florida
Authorized Signature
Date
GENERAL PROVISIONS
Attached to and made a part of LETTER
AGREEMENT, dated December 20, 1993, 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/P13/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 Exhibits B
and C 'City of Sebastian Water and
Wastewater Master Plan Professional
Fees and Hourly Rate Schedule%
respectively
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.
HES/ch/P13/Sebast2.AtA -2-
5.4. 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.
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,
HES/ch/P13/Sebast2.AtA -3-
executors, administrators and legal representatives
(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"
ESTIMATED PROJECT COSTS
HES/clh/Excel-1 /Sebas. xIs
Project Engineer
Princi al
Engineer IV
Financial
Anal st
En ineed g
Technician
Word Processor
Total
Task
Hours
Cost
Hours Cost
Hours
Cost
Hours
Cost
Hours Cost
Hours
Cost
Data Collection
0
$0.00
12 $554.88
0
$0.00
$0.00
$0.00
12
$554.88
180.301 Documentation
4
$432.00
16 $739.84
10
$462.40
8
$298.96
12 $368.88
50
$2,302.08
Public Hearin
4
$432.00
O $0.00
0
$0.00
0
$0.00
0 $0.00
4
$432.00
Total Labor
8
$864.00
28 $1,294.72
10
$462.40
8
$298.96
12 $368.88
66
$3,288.96
Direct Costs
Copies
$120.00
Travel
$80.00
TOTAL I
$3,488.i6
HES/clh/Excel-1 /Sebas. xIs
"EXHIBIT B"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
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HOURLY
EMPLOYEE
CLASSIFICATION
RATE
G. C. Hartman
Principal, P. E.
$108.00
. .........
H. E. Schmidt
Principal, Project Manager, P.E.
...
$108.00
.:.....::::
J. E. ChristopherPrincipal
..:
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
..... ........ ..... ...
Principal, Project Manager, P.L.S.
$92.83
:... .......:..:.... . .:...
R.J. Ori
.::: ... . ;::..::..
Financial Manager, CPA, MBA
:...,..... .
$85.67
W.D. Musser
g:.
En ineer VII, P.E.
$67.50
T.A. Hochuli
Engineer VI, P.E.
$63.61
Quinlan
.
Engineer Vl, P.E.
$61.67
W. B. Lafrenz
Hydrogeologist VI, P.G.
$61.02
G.J. RevoirEngineer
;.:...
V, P.E.
$54.68
P.G. Murray
Construction Inspector
$54.00
D. P. Dufresne
.
Hydrogeologist IV, P.G.
.
$53.22
C. M. Bliss
.........:...... .
Engineer V
$52.57
R. K. Cashe
:• M.
Engineer V, P.E.
$51.30
T. J. SieversHydrogeologist
:::.::::.. . .... .... :
IV
$51.27
A. T. Woodcock
:.,..,.
Engineer IV
$50.63
J. J. Burgiel
Senior Rate Analyst
$49.98
C. L. HarrouffAdministrative
Assistant
...:. ....:...:.:.:
$49.95
R. C. Copeland
Senior Rate Analyst, MBA
$48.68
J. D. Fox
1.10 11
Enoineer IV
$47.12
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"EXHIBIT B"
HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE MHRI
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE CLASSIFICATION
RATE
A. T. Gawad Engineer IV
$46.98
�naaka.:n:.. ..
K. Wulff Engineering Design II
$45.23
8'. ;:..
ro Z `:.'?`Fi
AA`i<A) 'k'
;, a:",'•<Jm ,
A.K. GayEngineerIV
$44.90
G.R. Crawford Engineer III......................+..,......:........................................;::::"$42.53".
..............;....................i5:.11
:i... .:.
F.A. Brinson Engineer III
$38.07
MI:Sd.R,WR`gt111,.....
..a .�
S. G. Neumeyer Engineering Technician III
$38.07
RaQ.
R. H. Nelson Engineering Technician III
535.91
M. J. Hudkins Engineer 1
$35.69
.: LAit i
W. Wasson Hydrogeologist II
$35.69
oS
meta
C. M. Gaylord Senior Word Processor
$35.64
k:Fina4km.�.•,. v..bu+t'v..;."R.z"n.w:.w:.....n.aw"x,:..�xn.R...x�.n..,.
T. A. Calzaretta Engineering Technician III
$35.10
a<M.aGad(.Cnk<o` �oN kM'''i"xi,'a` k,>A'aao,`oxa`y"3`yek;;oy tu:;o8."oAtoi? `;yg<:R e
`,n' �' t
33a°'8>`>`w'a°"�a .�.M1°":<8�'.v3;'inxa�i,'a..•"3�
L.W. Mitchell Engineer 1
$35.10
D. Jiskoot Engineering Technician III
$34.70
K. R. Liebknecht Survey Crew Chief/Survey Technician II
533.48
S.M. Fensterer Survey Crew Chief/Survey Technician II
$32.81
WV .e:::e:ne"?:SR`.R �`iR. $xe ;
8,,Vvv✓:.:
•,w';'.'fr..8$ e�k�'`'£aRka;Ys�n¢o3.'�C..t^.`n;.
J.A. Mannino Enaineer 1
$32.40
J. Warner
II $32.40
m ,.--- m .m ..._._,.._.._..
J.A. Baker Senior Word Processor $31.32
u>»' :d'4e`irw.. »>x d
". w. nRt:'wG,`'ns`d<':3A"' , .....
A. R.`Terrero N Word `Processor 529.97
L. M. Looney Word Processor $29.16
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"EXHIBIT B"
S. C. Cobert Engineer 1 $19.44
... .
C. Cuevas Secretarial Support $17.69
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HARTMAN AND ASSOCIATES, INC.
HOURLY RATE SCHEDULE ($/HR)
EFFECTIVE 7/1/93
HOURLY
EMPLOYEE
CLASSIFICATION
RATE
N. DeCorte
Engineer 1
$28.35
F. Gidus
Hydro Technician 1
$28.35
C. C. Tomlinson
Assistant Rate Analyst
$27.81
... ... .
C.A. Lauretta
Word Processor
$27.14
..
T. L. Roe
Engineering Technician II
$27.00
H. A. Cox
Engineer 1
$27.00
J. Van Anda
Engineering Technician II
$23.63
S D Clatchey
.
Survey Technician 1
$23.63
T.N. Bene co
. _:... .........
Word Processor/Receptionist
$22.95
D. Trussell
Word Processor
$21.60
:.:....
L.E. Bennett
RUN...;:
Survey Technician 1
$20.93
M. Taylor
_._- . ::...
Reproduction/Courier Support
.............. ..:
$20.52
J J Wallace
Engineer 1
$20.25
S. C. Cobert Engineer 1 $19.44
... .
C. Cuevas Secretarial Support $17.69
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