Loading...
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/ .� 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: J c1 s�na �/�(/��) a Lu A � ® Boar l'� ■(y/���■ V Id S id,, Jr. 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. $70.09 > a��»L,L,4aa?''� m»'£i2w„yy,�',„�s`F'Rx`ax>4>:c'°uxax,Ma`:4f'se�ez,>i•:;v.:>�4.>;:4.>aw.°s,L;. xx'.v�. Guc, 102y,.'%`»: apo S>w::3R'=�.� » N,$aNhfig4 obi o`4;La:x....: %�: .....:: .._....:: $moi.; S,: ':',..y .Z'a ., .. ,`a`�CxxvSv .e;:, ♦,b>R`.k9`.h.:AR:C: iu T.A. Hochuli Engineer VIII, P.E. $70.09 S. C. W. B. Lafrenz VI, P.E. M. Alawi Engineer VII, P.E. $58.40 r kion off. a"'�:.k°W��,^N Miegyeoo: ti:Aoki}yxFb`..x�'L:"4�R.'4'Fk%yi}�'b�Fexi:: :.i6: is � ... .... G.J. Revoir Engineer V, P.E. $54.68 .....:...:....�...... ,:; ...5.,:.:.4... . A. T. Woodcocl, Engineer V, P.L. $53.33 a.:ROQes". D. P. Dufresne Hydrogeologist V, P.G. $53.22 �:fi?'w� ave ,. <.'iC",OH .aa.a .. '•.o.:aM£ a 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 MW I J. D. Fo Engineer IV $47.12 w .i Cama ..;: �w4..;.. at-excel/Hdyrate/2-7ExhA.Sch Updated 1/4/94 EMPLOYEE "EXHIBIT A" HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE ($/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 $35:i.64 ` < 0 YNo»0C:f g:Nti?P............@v iy o.Y,pq;W4>Fi$:('OerFw oo:NA:..rv..Y<Aox:.o ..o,o::.1•Okcii.iddra,'nwSoo.:�,r.hn,o,oA.':»Jo:f.:..°'abs:.<>ncn>b.o<u»4w:c4w�N$.¢i;''7m3Ya,.`'o>o:cYQwi.`x:a'?m':94.N<2.PA....0 S�b T. A. Calzaretta ;Wa.. .......;:>:>:i Engineering Technician III $35.10 °'0wxb�. rY:.°v... .. 1=00 n:::`.�::..'o�:.eHRR°.: L.W. Mitchell Engineer II $35.10 8 8'V^>6 SR8"$ socf oo sixp�7^,g'ot�,yA>' NM D. Jiskoot engineering Technician III$34.70 .I .$ v`.>k4A1K;R&iA`a,�� :.o'A.c•`2$.R�A�.'':":>?d.:w?r ?:':.:R:.� K. R. Uelaknecht Survey Crew Chief/Survey Technician II $33.48V > M� . . S. N1. Fensterer 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 $32.40 .... avexcel/Hrlyrate/2-7 EAA.S ch Updated 1/4/94 EMPLOYEE J.A. Baker "EXHIBIT A" HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE ($/HR) EFFECTIVE 7/1/93 CLASSIFICATION . °Eu4.x .�-eM::.f£S£PS.4: A. R. Terrero L�Y<°<,'< . M. Looney F. Gidus SES C. C. Tomlinson :a`,*11 .:k3 sogip K:ar:6 0.: Qg'G:<.$y'niBeyxP;, 'Sva.&<rime;x�Ci„7'.�'adaa'}<az<?ort"Sri°'�•>'<e:'otr:ea°Ycx'°� P.N. Williamson xr.:Y..v'<::.v'U:o;e v:'"alb'aa.'xa.'axi:2aarrF;<3'a'u'.� ER:S C.A. Lauretta Senior Word Processor Word Processor <' 3 SAYdtYa Word Processor Oee 4'0�;>FA3R1t'k:C Hydro Technician II Assistant Rate Analyst tri}Chni::ptr .�y?..:ti•;.?;.:eNNSell '?e£xu::lexx:,er:xmxeoorA,0xc:eao'O'4':e«;:GikaJUx`Td:%;O"i.O}a<.:y0xO:S":•:.Y:i 3J:yx<f Survev Technician II HOURLY RATE $31.32 ....................... $29.97 $29.16 $28.35 $27.81 1 C.W. Sacher Word Processor $24.30 Y. '' . xosxw%<rr,<,'<>.:er�;.;>:^a:zo.o:nv `i`S:�.a!�wS,B`e`g fi>' `'$^e,. <�f�":3"•:"oy�a�>o:>o':>S�<'S; aS$`:o�a'.:'2Y,� a,::?ye#'"E;:$!'!8::e`��`%3:or S.D. Clatchey Survey Technician 1 $23.63 ;P:L .:.q.&;'<.nw 'aa>n[«a>.re:.u•P ..=;:.exe.or,e.:<vx. '�' H'i.ro Ste:«:. ,wS; .s.a�a Sa:tr; <e:.e<i:`<.:vox.PFu<'..<:�a%�'�`'ak#o°.>:<'m^`u s'eK:t>:ow��:'�::r..P..✓ �'o'�.y D. Trussell Word Processor $21.60 �:. .a?i."...ee: v. r £ti eSe�3'v:;o„nY�''.<': A3�a o.} s�S .. e oiS"..: ....f! £!;:<:Sa`:�o.: •i'3?"<`�:>Ye!ik!k�..<.:aa.!S$S'.. e:�:. s. �;'; .u:.'z3<3:c<,fz.»v:?z°c�?bs s%:i;aC3:>.`;>swa,:'a�»$r3w;Po>�'��su3:m;a<i�'Su.;a:7u$.er.::P:Y:'::x:?�;.b;•>Fz?£::>w::ns:v$eq3:;Fad�',ezz'1!<�P:t�tt:;b;s'�x!asm`!'�s�n$a3c•. L.E. Bennett Survey Technician 1 $20.83 o:.dw �vr.,. :`"be�". .'e?!<Ei a::3x`.' ✓�<: eery M. Taylor Reproduction/Courier Support $20.52 S. Simon Reproduction/Courier Support $20.25 S. C. Cobert Engineer 1 $19.44 .,=.:.max �>%: 'A?<,Y . .. ..«.u>.>:ax;•°^N?:::e;'::"y:'`:':,:iy£:ilsa�'�;':':ei' 3t 11 Mw T.A. Eggerton Secretarial Support $18.90 C. Cuevas Secretarial Support $17.69 :e:s",: ;:�•R\' `:, :ea" . `:aYO. JiP'i4SV.Y�>:S:;S `oo<;«!itY.< 'ytP:P',S+'. i'PR", +«!,L'.v,Xc'%i;:'O hr�!,�n.x E. Cuevas Reproduction/Courier Support $17.55 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 P14/Votapka2.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. 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 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 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 R:S:GkZo'.55.0'.Y d..:.::.....a•.x: C. W. Drake M. A. Rynning M. I. Luke R.J. Ori 'kp � Y: W.D. Musser T.A. Hochuli S. C. Quinlan .. -. 99 W. B. Lafrenz u 1 M.M. Alawi .� .., . G.J. Revoir A. T. Woodco D. P. Dufresne »am C. M. Bliss It R. K. Cashe T. J. Sievers 10 Hs"s.:Kwa: J. J. Burgiel C. L.^Harrouff R. C. Copeland J. D. Fox at-excel/H rlyrate/2-65Spc. Sch "EXHIBIT A" HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE 01HR) EFFECTIVE 7/1/93 HOURLY CLASSIFICATION RATE Principal, P. E. $106.00 �» Principal, Project Manager, P.E. $106.00 Principal, Project Manager, P.E. $106.00 on""• yls:p s. ii': ::::. ..n..:;:.... Principal, Project Manager, P.G. $91.09 'K: :T. ."Y?4?"w.. ..d .:.:..,...R.a"ii"• :''�&~x.M';::.��5�: 9. ::: ,'x «of:>p%a':A�F`'F$ ""`»�iY'kz:�e Principal, Project Manager, P.E. $91.09 ::d'?y`,?l= 3r'" MtM°%s' a 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 L..o./d 1. Ad1.. F. ,,. C. At... Cr I_ Alvum I.i.d. C- I I IW.. Araw Dn..d It. A.w... 0..,4 L A.Lbua D..id T..A..m Hari. a... N.n... J. Rcmwd ]i.ulps O.rr7 N.rk T. Rid... L...... Jm D:.IbT H.rk A Dr.. H....d IJ..p.. ark. a Rri.�.la Ft..o. IL amp.. Jc 114A 11 e J. H. Glia, F...w. H. G.., 16116..1 J. Cbra.p Aly Ck ..k. S. N. Cobb L Fr. k r..d.n 1..... R.d Dq AldaA A. d.l C.wal. AW T. Dim.wd V.m" X. E.k K.m FA". Cb t. T Ed.¢ m C.rr N. Ep..r U".Jk F—. Ad,m . L Frio, R"m F. Fr,d� R.b.n L G..9 T m .. C..ei. V..dr G..ai. lilck..d 4 Cm.G R.im K. Can J.ao cabs Lori. L GRdm D...ar X. ca.Jl>oi. Xi.L..d L Gorr L.....w Gd.Lkr Aro S. Gld J.d IL r la - 5r L G.IA . Barbara A Hall 305-'168-8236 VIA TELECOPY . T r o%. g Y s A T L A V 5a M. C.Ld..ish l...Fb G G.14' -I- s..-.. i rr.,L .. H..b.. a G. , Di. Gne... g HaNm N. C. "Lwg S..dm P. C ...hl.0 R.h. L G.r.mm Ami.... A. H.X Nif. A. H.T•• Fmd F. K. J. C6n L Hoa. All. H. ller.ode C. Ilcm..da.L..u+n t... k C. Ilaa..o l..a 1. Hdf... c.mw 1. H..ak.. X.16 A_ 1.mr M. wk r....br L SJ.b 5¢r.. L E..ns R.mld G La - 5r A. L.d7 Mr. Bruce Cooper Director of Community Development City of Sebastian Sebastian, Florida 32978 Dear Mr. Cooper: S. IL Lt,Q . G.dT A. LmWA... NT R, L..b Deal N. Loma Alm S. Leda Hri. N. Lcke. d Hra S. Le.ia Nom.. H. Lipa C,rlr L Loamia 1... E Lorain lin.m E. W .,iao mk Rd.n R H. AHmd I. Wild. "H.mn pari Rdm L X1 Fp Joel A Hr Jo J. N.7.L L: R.bm L J.L. t Nwym y J...a L O'3ri.. N••r R. 01"— R.I. lid-.R.I.cs. L OVA" Sl..i L Ori.mia March 24, 1993 D.bhi. M. 0.,6.i.k, 5.... J. 1'..d. H.nh.R IL 11 rv.G? ..f Aldus D. Qw..I J.d 11 l.r.. Nut, I R.im... Lm. Ra.r Ji...T Sa.a RJah..d Km.nh JL Rob. R.gad A. R�•I•%. Alm H. Aori.k N.ri. i R..ca Rieh.rd A. Ro""m R..dd 1L R..r.p.... D..id L Rots G..r A. S..l N.rk r. S.i...rr C"..d A. s.h.la.. 56"11. P..J w. 56.40.1. E n at M.A. L sa ... 51...n H. Sup— GT A- SRm 11.91 EL s"W" L.ar. F. SapA.A+. J.d L. 51-1.1 D.O. A Th.mba.X rrh.r. JL T.. v II.... 1. TL" I.ffn T lb.m DwW L I*IL 11m.IrA A Vr. H~d V. Vw k.. R.bm G Vki.a lc Jr W A. V" T....b 0. Vdr U..L G V6, & L R.b.na d G...L t V"M D..1...( C.aa..l Ar.ld I. H.[L.o..f C -UX A16a Sd.io. of Co..ri ll.f.o I sa.n..t C.m.d 7d..a Y Vraa, d Coo. Al 7..6..7 IL Vd4. Ro.6.1 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 G,j {Y» Z Pn H AQ-rR,, .I 1, A-SSo Ci n'T63 F1 LT 1 �4� ate - r --4 �- ci(! (ebb s J9 1 3 >cj vye a OL-" �'14.i* +.Sw:. �Iw. Epi �M.s 11M� I..-� rcz I " / J?;, � -�� Usama, ✓/ 4 /1 G� off- S.�,a�d� a �;. � &bo - lam" 0. 4 ,-C c— rnd 1 n cot,, 4� -tv, e l a.. -J- r �elt TQ GDUs 3 i OIC✓ 1 .'�W dV� L/w+ C{ L4 ;Y�G, 7 2� bJs.� i a c I" ;s — rc o 4N Mum G,J,) tAAa IA 3 , t`I93 I,— Are 11 Cw 61 pow,,,, �o � �a dj Cr -P. O/ ,�l a (O a�t +y ofe.,a �s 117—o F >� o �4 �. C �. sws: kP , 1d4 dwse a, iv 4!r% � p„K.c.. u o 61) v syS4, s., d � o„r- 1 b Gov Wb✓s1 Cos Casa '�s r�. I$C7 d- f, 7�-�- G ou�,.r sash 7t,;.s i Gpv 1cdn5w� ,+w } . — 3 03 — 8 S-9 —,q wv LGA 4 -�� l — 3 U3 — BS -1 —4(,614 C�"s F4,�,cJU, 9 I -IL 30 d4el �l i a Lc fk,-- { u aewaQ se ,o�.rs� a/�y7F rr Q '+Vw of 2t a co N d vu I ute- p,,.�.i..,5 e 1,L t \A.( U / ck� S?) / 0 per•, '�'w'�L vl.t. l.-c-� .-c. �nSC ro 4 Lv�t-. eu.`r�.` 6v.1 �Pu Cav+.n k,(, '' ' s.�.:.f isww LA Prw. LIZ e-vo � "-y « , a'ab (WA avKi 1i1�0 ,p Oi,'-rI i "-y « , a'ab (WA avKi 1i1�0 ,p Oi,'-rI 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: -glCk VO-[gpKA , U.p. PHONE: 589-5330 SUBJECT: MA2cK 8 , 1om3 LUTTc-l- %b P%S NCV- Rt: SAINT SESPSTIAAj PU-D ORIGINAL WILL FOLLOW E3 ORIGINAL WILL NOT FOLLOW ❑ 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. 2066 hCC.LP X IS R.eVltwIt./G l -f AS wc�.L, 1 WILL- FGVLSc 'Tke J> ATE. k -S -R{e 5--ni NAS COME "0 C%O N;:. GWIF Mc h CM-.- W"IN) `{ou GAN : I HAVE So Mc Iwl FOQ-%N,-vk" FOR Yoi IN ?CC.Nat 70 -v 6L (t U'FNOe- O'- -1 It C,DU FRA NG H ISE PG2VM-V%I. S wI-Cl Tae C''( Vialo 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