301-CPH-Amendment 05A Amendment No. 5A
To Agreement Dated December 17, 1987
For
Final Design Engineering Services in Connection With The
Mill Creek / Cloud Branch Drainage Basins
Between
The City of Sanford, Florida
And
Conkiln, Porter and Holmes-Engineers, Inc.
This Agreement made on the / .r' "~'day of /'~.~_,.., Z,~, , 1992 between the CITY
OF SANFORD, FLORIDA (hereinafter called the CITY) and CONKLIN, PORTER AND
HOLMES-ENGINEERS, INC. (hereinafter called the ENGINEER), is mutually agreed upon
and declared an authorized Amendment to an Agreement dated December 17, 1987,
between the parties, herein setting forth the scope, terms and conditions of the work
herein authorized.
In case of any conflict between this Amendment and the aforementioned Agreement
of December 17, 1987, this Amendment shall govern for the work described herein.
Revised 09/20/93
Sanford, FZo /d
P.O. Box 1778 -32772-1778
Telephone (407) 330-5601
Fax (407) 330-5666
September 30, 1993
Conklin, Porter and Holmes - Engineers, Inc.
P.O. Box 2808
Sanford, FL 32772-2808
ATTN: Cal Conklin, P.E.
RE: Engineering Services Agreement Dated December 17, 1987, Correction of
Amendment Number
Dear Cah
As we previously discussed, somehow the numbering of amendments to the subject
agreement got out of sequence. It appears that there was an interchange in the numbering
of amendments to the 1987 agreement and the 1983 agreement which addresses wastewater
facility engineering. As a result, the sixth amendment to the 1987 agreement executed on
December 15, 1992,~was rifled "Amendment 38". To avoid possible confusion, I requested
that you provide a new title page for the sixth amendment to the 1987 agreement titling this
amendment "Amendment 5A". All subsequent amendments to the 1987 agreement, through
Amendment 10! approved on September 29, 1993, are now in order. A copy of the cover
sheet for Amendment 5A is forwarded herewith for your records.
As a separate but related issue, it was noted during review of our records that there
is no Amendment 38 to the engineering services agreement dated December 7, 1983. I
believe that this causes no problem so long as it is recogn~i~ed that there actually is no
Amendment 38 to the 1983 agreement.
I thank you for your assistance in resolving this matter.
By copy of this letter, a new cover sheet for Amendment 5A(formally Amendment
38) is forwarded herewith for appending to the appropriate amendment in City files.
Very Wuly yours,
W. A. Simmous,%. E.
City Manager
WAS/kkm
Enclosure
cc: City Clerk
Finance Director "The Friendly City"
Utility Director
AMENDMENT NO. 5
FOR
CONSULTING ENGINEERING SERVICES
TO
AGREEMENT DATED DECEMBER 17, 1987
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CQNKLIN, PORTER & HOLMES ENGINEERS INC.
This Amendment No. 5 dated this /~ day of
1990, to an Agreement previously entered into on the 17th day of
~ecember 1987, by and between the City of Sanford, Florida, hereinafter
referred to as the OWNER, and Conklin, Porter & Holmes - Engineers,
Inc., hereinafter referred to as the ENGINEER, is mutually agreed upon
and declared an extension of the original Agreement dated December 17,
1987. In case of any conflict between this Amendment No.~ and the
original Agreement of December 17, 1987, this Amendment shall govern
for the work described herein.
WHEREAS, the OWNER has previously retained the ENGINEER to
conduct various drainage studies and design services for drainage
improvements throughout the City, and
WHEREAS, THE OWNER wishes to move forward in developing a
stormwater utility program to assist in providing a continuing source
of increased funding for better operation and maintenance of existing
systems; to provide a funding source for physical system improvements;
and as a means to fund additional studies that are needed,
NOW THEREFORE, THE OWNER AND ENGINEER for the considerations
named hereinafter agree as follows:
~ECTION I. SCOPE OF ENGINEER'S WORK
Except as may otherwise be specifically limited in this
agreement, the services to be rendered by the ENGINEER shall include
all services required to complete the task to the extent of the scope
of work as defined and set out in this agreement and Exhibit A attached
hereto (Plan of Study) and made a part of this Amendment.
The specific services to be provided are shown below:
A. Review a~ evaluate existing studies and with the Owner, set
service area
B. Review and summarize stormwater utility and related laws and
stormwater regulations in Florida
C. Multiple jurisdictional responsibilities and non-structural
considerations
D. Coordination with County stormwater utility program and with
regulatory agencies
E. Review general stormwater funding sources for O&M and physical
improvements and describe for inclusion in report
F. Study current City stormwater O&M and physical improvement
programs (meet with City staff to accomplish)
G. Determine with City staff a recommended stormwater O&M program
and costs
H. Determine cost to perform additional preliminary engineering
reports or studies in areas where additional facilities are
needed and studies have not been previously done
I. Determine With City staff what would be funded by initial
stormwater utility program - O&M and studies as a minimum;
consider whether to include any ROW acquisition for existing
proposed facilities and/or any level of remedial improvements
on a "pay as you go" basis.
Note: Major physical facility improvements requiring a revenue
bond issue tentatively are not to be included in funding by
stormwater utility mechanism and would be deferred pending
proving of the revenue stream from stormwater utility.
J. Design two equitable stormwater utility rate systems and
project charges required to cover costs of program; compare
resulting charges with those in existence in other Florida
municipal programs; gather customer base information from
County Tax Assessor and City Utility Department.
K. Stormwater utility, legal authority, organization, personnel,
customer accounting and billing system
L. Assist City staff andsCity attorney in drafting a proposed
Stormwater Utility Ordinance
M. Participate' in workshop / public awareness program
N. Final Report preparation - 25 copies to be provided
SECTION II - ADDITIONAL SERVICES OF THE ENGINEER
If authorized in writing by the OWNER, the ENGINEER will
furnish Qr obtain from others additional services of the following
types which will be paid for by the OWNER as indicated in Section III.
A. Additional services due to significant changes in general
scope of the Project.
B. Revising previously approved studies, reports, design
documents, drawings or specifications.
C. Additional services resulting from public protests,
administrative hearings, or similar matters.
D. Additional services in connection with the project including
services normally furnished by the OWNER and services not
otherwise provided for in this Agreement.
E. Preparing to serve and serving as an expert witness for the
OWNER in any litigation or other proceeding involving the
Project.
F. Additional engineering services required by revisions
subsequent to the date of this Agreement to the applicable
regulations, or new regulations (after date of this Agreement)
of the Environmental Protection Agency or Florida Department
of Environmental Regulation or other regulatory agency
requirements not previously specified.
G. Legal or boundary surveys and legal descriptions, sketches and
rights-of-way maps needed by the Owner.
SECTION III- METHOD OF PAYMENT TO THE ENGINEER
Payments for Services and Expenses of the ENGINEERS are to be as
set forth below:
A. Principals and Employees of the ENGINEERS
Compensation paid ENGINEERS for services described in Section
I and rendered by principals and employees assigned to the
project will be computed by multiplying Direct Personnel
Expense times a factor of 1.95 plus all reimbursable expenses,
not to exceed a total compensation of $23,500.00 for the scope
of Basic Services described in Section I and elsewhere
herein. Direct personnel expense shall mean the salaries and
wages paid to principals and employees of all classifications
engaged directly on the project, plus the cost of fringe
benefits including, but not limited to, social security,
workers compensation, health and retirement benefits, sick
leave, vacation, and holiday pay applicable thereto.
B. Reimbursable Expenses
Expenses for items ~ot specifically valued herein are to be
reimbursed to the ENGINEER at the actual cost thereof. Said
expenses shall include transportation and subsistence of
principals, employees, and consultants when traveling in
connection with the project, consultant's fees, toll telephone
calls, telegrams, and similar project-related items.
The rate of reimbursement for out-of-pocket expenses such as
prints and long distance telephone calls will be paid for at
actual cost thereof, without increase.
C. Payment for services rendered in connection with the
Additional Services of Section II will be individually
negotiated for each item requested, and will be subsequently
designated in the authorization to proceed or the appropriate
amendment to this engineering agreement.
D. The OWNER will make prompt monthly payments in response to
ENGINEER's monthly statements for all categories of services
rendered under this Agreement and for reimbursable expenses
incurred.
SECTION IV - PERSONNEL AND FACILITIES
The ENGINEER represents that he has, or will secure at his own
expense, all personnel required in performing the services under this
contract unless otherwise specified herein. All personnel engaged in
the work shall be fully qualified.
SECTION V - GENERAL CONDITIONS
A. Successors and Assigns
1. The OWNER and the ENGINEER each binds himself and his
partners, successors, executors, administrators, and assigns
to the other party of this Agreement and to the partners,
successors, executors, administrators, and assigns of such
other party, in respect to all covenants of this Agreement;
except as above, neither the OWNER nor the ENGINEER shall
assign, sublet or transfer his interest in this Agreement
without the written consent of the other. Nothing herein
shall be construed as creating any personal liability on the
part of any officer or agent of any public body which may be a
party hereto, nor ~hall it be construed as giving any rights
or benef,~ts hereunder to anyone other than the OWNER and the
ENGINEER.
B. Prosecution of the Work
1. The ENGINEER shall commence work on the Project within seven
(7) calendar days after receipt of the written notice to
proceed and complete the work within five (5) months of
receipt of a signed Agreement.
SECTION VI - INSURANCE
The ENGINEER shall secure and maintain such insurance as will
protect him from claims under the Workmen's Compensation Acts and from
claims for bodily injury, death or property damage which may arise from
the performance of his services under this Agreement. The ENGINEER
also agrees to carry Professional Liability Insurance in an amount
mutually acceptable in writing to both parties, but not more than
$1,000,000 and to provide a certificate regarding the same to the
OWNER. The ENGINEER shall also require all of his professional
consultants to carry Professional Liability Insurance in an amount no
less than $250,000 unless otherwise approved by the OWNER in writing.
SECTION VII MUNICIPALITY'S RESPONSIBILITIES
A. Guarantee access to and to make all provisions for the
ENGINEER to enter upon public and private lands as required
for the ENGINEER to perform his work under this Agreement.
B. Provide such legal, accounting and insurance counseling
services as may be required for the Project, and such auditing
services as the OWNER may require.
C. Designate in writing a person to act as OWNER's representative
with respect to the work to be performed under this Agreement;
and such person shall have complete authority to transmit
instructions, receive information, interpret and define
OWNER's policies and decisions with respect to materials,
equipment elements and systems pertinent to the work covered
by this Agreement.
D. Provide all land easements and rights-of-way, leases and other
Agreements pertinent to the work.
E. Give prompt written notice to the ENGINEER whenever the OWNER
observes or otherwise becomes ,aware of any defect in the
Project.
F. Obtain approval of all governmental authorities having
jurisdiction over the Project and such approvals and consents
from such other individuals or bodies as may be necessary for
completion of the Project.
F. Examine all studie%, reports, sketches, drawings, proposals
and other documents. presented by the ENGINEER and shall render
decisions pertaining thereto within a reasonable time so as
not to delay the work of the ENGINEER.
G. Furnish, or direct the ENGINEER in writing to provide, st the
OWNER's expense, necessary additional services as stipulated
in Section II of this Agreement, or other services as
required.
SECTION VIII
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day and year hereinabove set forth.
OWNER:
CITY OF SANFORD, FLORIDA
By authority of the City Commission of the
City of Sanford, Florida granted for the
OWNER on the date
of:
'ENGINEER:
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
By:
ATTEST &
2
ATTACHMENT A
P = Principal
E = Engineer CITY OF SANFORD
T: Technician STORMWATER UTILITY STUDY
D ~ Draftsman
S = Secretary
Time in Manhours Expenses
Item of Work P E T D S
A. Review and evaluate existing studies I 7 I 1
and set service area.
l. Review previous studies, maps, and
other data on existing facilities
2. Meet with & interview key city staff
3. Present history of stormwater utilities
in the United Statee
4. Present information on establishing the
stormwater utility to key City staff
members
5. Utilizing City-limit lines, and drainage
area boundaries, determine an overall
study area and service area for stormwater
utility consideration
Time in Manhours Expenses
Item of Work P E T 0 S
B. Review and summarize stormwater utility .S 4 3
and related laws and stormwater regulations
in Florida
I. Review and summarize existing and proposed
stormwater legislation
2. Review the permitting requirements and
regulations of agencies having regulatory
controls in the City
3. Through interviews and literature search,
present the Engineer's opinion as to future
permitting and other stormwater program )
requirements and the current status of
these programs.
C. Jurisdiction, responsibilities & non- 1 4 3
structural considerations
1. Examine jurisdiction & responsibilities of
the City, Seminole County, St. Johns River
Water Management District, Florida Department
of Environmental Regulation, Corps of
Engineers, Environmental Protection Agency,
Florida Department of Transportation,
railroads, new and future development and
existing landowners and development.
Item of Work P E T O S
City policies, subdivision and site plan
3. Review with City staff and relate these
D. Coordination with County program and with 1 8 2
I. Coordinate with County staff and consultant
on stormwater utility study and plans
currently being initiated by Seminole County
2. Coordinate with F.D.E.R., S.J.R.W.M.D.,
pertinent parties
for O&M and physical improvements and
1. Ad-valorem taxes and general obligation bonds
4. Capital contributions from other entities
Item of Work P E Y O S
6. Availability charge (debt service recovery
from proposed development)
: 11, Others as appropriate )
F. Study current City stormwater O&M and 1 6 1
physical improvement programs
(Meet with City staff to accomplish)
g. Staffing and equipment
Time in Nanhours Expenses
Ztem of Work P E T 0 S
G. Determine with City staff a recommended I 8 .5
Stormwater O&M Program
· 1. Scope and extent of service needed
Z. Staffing and eeuipment reeuired
3. Cost to provide
H. Determine cost of additional preliminary 2 4 1
engineering reports or studies in areas
where additional facilities are needed
and studies have not been previously done
1. Cost of studies needed to supplement
previous studies to determine physical
facilities and construction costs in
other parts of the City where needed
and not previously studied
I. Determine with City staff what is to be .5 4 .5
initially funded by stormwater utility
1. Increased O&M program
2. Recent past and needed near-future
stormwater studies and preliminary
engineering
Time in Manhours Expenses
Item of Work P E T O S
3. Give consideration as to whether to include
any right of way aceuisttion for existing
~proposed facilities and/or any level
of remedial improvements on a ~y as you
go" basis.
4. Hajor physical facility improvements
requiring a revenue bond issue are
tentatively not to be initially included
in the funding by the stormwater utility
mechanism. These major improvements would
be deferred for a few years until the
revenue stream from the stormwater utility
had been proven.
, J. Determine Two equitable stormwater utility )
rate systems
1. Consider various methods to charge 1 4 1
a) Flat rate method
b) Impervious rate method
c) Gross area method
d) Other methods
2. Rate method special considerations 4 20 6
a)Eeuivalent drainage unit definition
and euantification
Time in Manhours Expenses
Item of Work P E T D S
b) Vacant land - should it be charged or not
c) Site mitigation - when landowner has
existing retention, how to give credit
for this existing mitigation
d) Should the rate charge be composed of a
base fee and contribution fee components
e) Shall a11 residences pay the same charge
or shall there he more than one class of
residential
f) Shall multi-family (apartments and
condomintums, etc.) be grouped in with ')
residences or considered commercial?
Where shall mobile homes, etc. be classed?
g) Shall stormwater utility be implemented
on a district or city-wide basis
h) What appeal procedures should there be for
a customer
i) Shall the system be based on tax assessor
type data base or City water system data
base, or other
j) Billing system, methods, etc.
3. Gathering customer base information from 2 16 lO 12 $t,200.00 - Tax Assessor
County Tax Assessor and City Utility Dept. or Consultant
Specializing in Computer
Programming and Run
· ma3s~s 6u~LL;q pue 5u~3uno33e ~amolsn3 '[auuosjad
Time in Manhours Expenses
Item of Work P E T D S
~ a) Consider Chapters 403.0893, 197,363, .5 2 2
· 166 and 89.27g as appropriate and any
new or pending legislation
b)City Charter considerations (consultation
City staff and City attorney)
c)Consultation with City legal staff and
bond and Underwriterms counsel.
~ ':': . ,~: 2. Organization and Personnel
: a) Meet with City staff to discuss staffing 2 1
b) Recommendations for staffing of 1 3 t
administrative, planning and design,
regulation and enforcement, operation and
maintenance, construction and finance, and
billing functions.
aAoqe ;q~ ~o suo~eu~qmo3 (p . :: ' :
Time in Manhours Expenses
~:. ~ ~ Item of Work P E T D S
- ;.' L : '- L. Assist City staff and City Attorney in 2 3 2
', drafting a proposed stormwater utility
a) Supply draft or sample ordinances from
b) Assist City staff and City Attorney
in drafting technical provisions
· )
;; ~- ,- ' '; .~ , M. Workshop / public awareness program 2 3 1
l. Meet with Designated City Staff '
and Commissioners (as applicable) in
2. Assist City staff in Preparing
Information, Exhibits and in Making
,,, ;,, 1.25 Copies to be provided
46.5 213 63 5 83 $3,700