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HomeMy WebLinkAbout1993 12 20 - Acquisition of Sebastian Lake Water and Wastewater Facilities,� r7 HARTMAN & ASSOCIATES, INC. " ,Z 1933 engineers, hydrogeologists, surveyors & management consultants: ': ?_ ,__' TE December 20, 1993 HAI N92-023. Mr. Richard Votapka, P.E. Utilities Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 PRINCIPALS: Rubc"J. Od. M.U.A. Wili.m D. M.,m P.E. Stmt C. Quintin. FE Mmomby A, Hucbuli, RE Subject: Chapter 180.301, Florida Statutes Documentation for the Acquisition of the Sebastian Lakes Water and Wastewater Facilities Dear Mr. Votapka: As requested, Hartman & Associates, Inc. (HAI) is pleased to submit this proposal to the City of Sebastian relative to the preparation of the Chapter 180.301, Florida Statutes (FS) Document for the acquisition of the Sebastian Lakes water and wastewater system. The document will respond to the nine (9) questions outlined in Chapter 180.301, F.S., and are itemized below: 1. The most recent available income and expense statement for the utility; 2. The most recent available balance sheet for the utility, listing assets and liabilities, and clearly showing the amount of contributions -in -aid -of -construction and the accumulated depreciation thereon; 3. A statement of the existing rate base of the utility for regulatory purposes; 4. The physical condition of the utility facilities being purchased or sold; 5. The reasonableness of the purchase or sales prices and terms; 6. The impacts of the purchase or sale on utility customers, both positive and negative; 7. Any additional investment required and the ability and willingness of the purchaser to make that investment, whether the purchaser is the municipality or the entity purchasing the utility from the municipality. 201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801 TELEPHONE (407) 839-3955 • FAX (407) 839-3790 ORLANDO FORT MYERS JACKSONVILLE TALLAHASSEE Mr. Richard Votapka, P.E. December 20, 1993 Page 2 8. The alternatives to the purchase or sale and the potential impact on utility customers if the purchase or sale is not made; and 9. The ability of the purchaser to provide and maintain high-quality and cost-effective utility service, whether the purchaser is the municipality or the entity purchasing the utility from the municipality. As you are aware, our firm fully understands the requirements of the Chapter 180.301 F.S., and have prepared similar documents during the past two (2) years for a number of public entities, including: 1. the City of North Port; 2. the City of Palm Bay; 3. the City of Sanibel; 4. the City of Sebastian; and 5. Clay County (Chapter 125.3401, F.S.). It is proposed that this project can be completed in three (3) tasks which will include the following: 1. Data collection. 2. Preparation of the 180.301, F.S., document. 3. Public hearing. Included in Attachment "A" are our General Provisions. Our estimated cost not -to -exceed is 3,S00 $3,M5.96, as summarized in Exhibit "A". We would expect to begin our services promptly ,A. after notice to proceed, and shall complete the project within two (2) weeks. It is proposed Knz that a draft 180.301, F.S., document will be submitted to the City within one (1) week for `IwIgA, your review. Following the City's review, the comments received in writing will be incorporated into the final document. The final 180.301, F.S., document will be submitted within two (2) days from receipt of the City's comments. If the above and the attachments satisfactorily set forth your understanding of our discussions, we would appreciate your signing one (1) copy of this proposal and returning it to our Mr. Richard Votapka, P.E. December 20, 1993 Page 3 offices. If you have any questions regarding this agreement or the attachments, please do not hesitate to contact me. N L SOMME= Witness Witness HES/ch P13/Votapka2.hes Attachment Very truly yours, Hartman & Associates, Inc. t arold E. Schmid, Jr., P.E. Vice President City of Sebastian, Florida Authorized Signature Date GENERAL PROVISIONS Attached to and made a part of LETTER AGREEMENT, dated December 20, 1993, between the City of Sebastian (OWNER) and Hartman & Associates, Inc. (ENGINEER) in respect of the Project described therein. SECTION 1 - BASIC SERVICES OF ENGINEER 1.1 After written authorization to proceed, ENGINEER shall perform the following professional services: 1.1.1. Consult with OWNER to clarify and define OWNER's requirements for the Assignment and review available data; 1.1.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others special services and data required in connection with the Assignment and assist OWNER in obtaining such data and services; 1.1.3. Provide analyses of OWNER's needs with evaluations and comparative studies of prospective solutions; 1.1.4. Prepare a Report of ENGINEER's findings and recommendations and furnish five copies of the Report and review it in person with OWNER. 1.2.1 The duties and responsibilities of ENGINEER described above are supplemented and amended as indicated in the cover letter which is attached to and made a part of the Agreement. SECTION 2 - ADDITIONAL SERVICES 2.1. If authorized in writing by OWNER, Additional Services related to the Assignment will be performed by ENGINEER for an additional professional fee. SECTION 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1. Provide all criteria and full information as HES/ch/P13/Sebast2.AtA -1- to OWNER's requirements for the Assignment and designate in writing a person with authority to act on OWNER's behalf on all matters concerning the Assignment; 3.2. furnish to ENGINEER all existing studies, reports and other available data pertinent to the Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others required for the performance of ENGINEER's services hereunder, and ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement; 3.3. arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services hereunder; 3.4 perform such other functions as are indicated in the cover letter; and 3.5. bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PERIOD OF SERVICE 4.1. ENGINEER's Basic Services will be performed and the Report submitted within the time period or by the date stipulated in the cover letter. 4.2. ENGINEER's Basic Services under this Agreement will be considered complete at the earlier of (1) the date when the Report is accepted by OWNER or (2) thirty days after the date when the Report is submitted for final acceptance, plus in each case, if applicable, such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the Report. 4.3 ENGINEER's Additional Services will be performed and completed within the time period agreed to in writing by the parties at the time such services are authorized. 4.4. If any time period within or date by which any of ENGINEER's services are to be completed is exceeded through no fault of ENGINEER, all rates, measures and amounts of compensation and the time for completion of performance shall be subject to equitable adjustment. SECTION 5 - PAYMENTS TO ENGINEER 5.1. Methods of Payment for Services of ENGINEER. 5. 1.1 For Basic Services. OWNER shall pay ENGINEER for all Basic Services rendered under Section 1 (as amended and supplemented by the cover letter) as follows: 5.1.1.1. On the basis set forth in Exhibits B and C 'City of Sebastian Water and Wastewater Master Plan Professional Fees and Hourly Rate Schedule% respectively 5.1.2. For Additional Services. OWNER shall pay ENGINEER for all Additional Services rendered under Section 2 on the basis agreed to in writing by the parties at the time such services are authorized. 5.1.3. Reimbursable Expenses. In addition to the payments provided for in paragraphs 5.1.1. and 5.1.2, OWNER shall pay ENGINEER the actual costs (except where specifically provided otherwise) of all Reimbursable Expenses incurred in connection with all Basic Services and Additional Services. Reimbursable expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly or indirectly in connection with the Project, such as expenses for: transportation, and subsistence incidental thereto, reproduction of reports, toll telephone calls and postage. 5.2. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. OWNER shall make prompt monthly payments in response to ENGINEER's monthly statements. 5.3. ENGINEER's above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Assignment until submission of the Report. HES/ch/P13/Sebast2.AtA -2- 5.4. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of I% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven day's written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. SECTION 6 - COST CONTROL 6.1. OWNER's budgetary requirements and considerations in respect of the Assignment are set forth in Exhibit "A" Estimated Project Costs. 6.2. Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified design professional. It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or OWNERS' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must of necessity be speculative until completion f its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder. SECTION 7 - GENERAL CONSIDERATIONS 7.1. All documents prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest therein. OWNER may make and retain copies for information and reference; however, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or the ENGINEER's independent professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.2 The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered and Reimbursable Expenses incurred to the date of termination and, in addition, all Reimbursable Expenses directly attributable to termination. 7.3.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.3.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, HES/ch/P13/Sebast2.AtA -3- executors, administrators and legal representatives (and said assigns) of each party, in respect of all covenants, agreements and obligations of the Agreement. 7.3.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associated and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.4 Nothing under the Agreement shall be construed to give any rights or benefits in the Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. EXHIBIT "A" ESTIMATED PROJECT COSTS HES/clh/Excel-1 /Sebas. xIs Project Engineer Princi al Engineer IV Financial Anal st En ineed g Technician Word Processor Total Task Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Data Collection 0 $0.00 12 $554.88 0 $0.00 $0.00 $0.00 12 $554.88 180.301 Documentation 4 $432.00 16 $739.84 10 $462.40 8 $298.96 12 $368.88 50 $2,302.08 Public Hearin 4 $432.00 O $0.00 0 $0.00 0 $0.00 0 $0.00 4 $432.00 Total Labor 8 $864.00 28 $1,294.72 10 $462.40 8 $298.96 12 $368.88 66 $3,288.96 Direct Costs Copies $120.00 Travel $80.00 TOTAL I $3,488.i6 HES/clh/Excel-1 /Sebas. xIs "EXHIBIT B" HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE ($/HR) EFFECTIVE 7/1/93 at-excel/H rlyrate/2-7Spc. Sch HOURLY EMPLOYEE CLASSIFICATION RATE G. C. Hartman Principal, P. E. $108.00 . ......... H. E. Schmidt Principal, Project Manager, P.E. ... $108.00 .:.....:::: J. E. ChristopherPrincipal ..: Project Manager P.E. $108.00 C. W. Drake Principal, Project Manager, P.G. $92.83 M. A. Rynning Principal, Project Manager, P.E. ..... $92.83 .: ...:..........:.:.::.. M. I. Luke ..... ........ ..... ... Principal, Project Manager, P.L.S. $92.83 :... .......:..:.... . .:... R.J. Ori .::: ... . ;::..::.. Financial Manager, CPA, MBA :...,..... . $85.67 W.D. Musser g:. En ineer VII, P.E. $67.50 T.A. Hochuli Engineer VI, P.E. $63.61 Quinlan . Engineer Vl, P.E. $61.67 W. B. Lafrenz Hydrogeologist VI, P.G. $61.02 G.J. RevoirEngineer ;.:... V, P.E. $54.68 P.G. Murray Construction Inspector $54.00 D. P. Dufresne . Hydrogeologist IV, P.G. . $53.22 C. M. Bliss .........:...... . Engineer V $52.57 R. K. Cashe :• M. Engineer V, P.E. $51.30 T. J. SieversHydrogeologist :::.::::.. . .... .... : IV $51.27 A. T. Woodcock :.,..,. Engineer IV $50.63 J. J. Burgiel Senior Rate Analyst $49.98 C. L. HarrouffAdministrative Assistant ...:. ....:...:.:.: $49.95 R. C. Copeland Senior Rate Analyst, MBA $48.68 J. D. Fox 1.10 11 Enoineer IV $47.12 at-excel/H rlyrate/2-7Spc. Sch "EXHIBIT B" HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE MHRI EFFECTIVE 7/1/93 HOURLY EMPLOYEE CLASSIFICATION RATE A. T. Gawad Engineer IV $46.98 �naaka.:n:.. .. K. Wulff Engineering Design II $45.23 8'. ;:.. ro Z `:.'?`Fi AA`i<A) 'k' ;, a:",'•<Jm , A.K. GayEngineerIV $44.90 G.R. Crawford Engineer III......................+..,......:........................................;::::"$42.53". ..............;....................i5:.11 :i... .:. F.A. Brinson Engineer III $38.07 MI:Sd.R,WR`gt111,..... ..a .� S. G. Neumeyer Engineering Technician III $38.07 RaQ. R. H. Nelson Engineering Technician III 535.91 M. J. Hudkins Engineer 1 $35.69 .: LAit i W. Wasson Hydrogeologist II $35.69 oS meta C. M. Gaylord Senior Word Processor $35.64 k:Fina4km.�.•,. v..bu+t'v..;."R.z"n.w:.w:.....n.aw"x,:..�xn.R...x�.n..,. T. A. Calzaretta Engineering Technician III $35.10 a<M.aGad(.Cnk<o` �oN kM'''i"xi,'a` k,>A'aao,`oxa`y"3`yek;;oy tu:;o8."oAtoi? `;yg<:R e `,n' �' t 33a°'8>`>`w'a°"�a .�.M1°":<8�'.v3;'inxa�i,'a..•"3� L.W. Mitchell Engineer 1 $35.10 D. Jiskoot Engineering Technician III $34.70 K. R. Liebknecht Survey Crew Chief/Survey Technician II 533.48 S.M. Fensterer Survey Crew Chief/Survey Technician II $32.81 WV .e:::e:ne"?:SR`.R �`iR. $xe ; 8,,Vvv✓:.: •,w';'.'fr..8$ e�k�'`'£aRka;Ys�n¢o3.'�C..t^.`n;. J.A. Mannino Enaineer 1 $32.40 J. Warner II $32.40 m ,.--- m .m ..._._,.._.._.. J.A. Baker Senior Word Processor $31.32 u>»' :d'4e`irw.. »>x d ". w. nRt:'wG,`'ns`d<':3A"' , ..... A. R.`Terrero N Word `Processor 529.97 L. M. Looney Word Processor $29.16 at-excel/H rlyrate/2-7 Spc. Sch "EXHIBIT B" S. C. Cobert Engineer 1 $19.44 ... . C. Cuevas Secretarial Support $17.69 at-excel/Hrlyrate/2-7Spc. Sch HARTMAN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE ($/HR) EFFECTIVE 7/1/93 HOURLY EMPLOYEE CLASSIFICATION RATE N. DeCorte Engineer 1 $28.35 F. Gidus Hydro Technician 1 $28.35 C. C. Tomlinson Assistant Rate Analyst $27.81 ... ... . C.A. Lauretta Word Processor $27.14 .. T. L. Roe Engineering Technician II $27.00 H. A. Cox Engineer 1 $27.00 J. Van Anda Engineering Technician II $23.63 S D Clatchey . Survey Technician 1 $23.63 T.N. Bene co . _:... ......... Word Processor/Receptionist $22.95 D. Trussell Word Processor $21.60 :.:.... L.E. Bennett RUN...;: Survey Technician 1 $20.93 M. Taylor _._- . ::... Reproduction/Courier Support .............. ..: $20.52 J J Wallace Engineer 1 $20.25 S. C. Cobert Engineer 1 $19.44 ... . C. Cuevas Secretarial Support $17.69 at-excel/Hrlyrate/2-7Spc. Sch