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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