301-CPH-Amendment 68 AMENDMENT NO. 68
AGREEMENT FOR CONTINUING SERVICES
FOR
STORMWATER UTILITY CONSULTING SERVICES
BETWEEN
THE CITY OF SANFORD, FLORIDA
AND
CPH ENGINEERS, INC.
This Agreement made on the ~Y~'- day of~-~Z~~-, ~ between the City of
Sanford, Florida (hereinafter called CITY) /~h~' CISH F~gineers, Inc. (hereinafter called
ENGINEER), is mutually agreed upon and declared an autlYorized 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.
WHEREAS the CITY desires to evaluate the Stormwater Utility to verify fee calculations and
collection, and determine rate adjustments to support a short and long term Capital
Improvement Program.
WHEREAS the ENGINEER is intimately familiar with and qualified for this project work and has
experience on the City's stormwater system; and
WHEREAS the CITY has requested the ENGINEER to perform engineering services relating to
the stormwater system;
NOW THEREFORE, the CITY and the ENGINEER for the considerations named herein agree
as follows:
1.1
1.1.1
SECTION 1
General
Introduction
The City has a Stormwater Utility established by Ordinance 3065. Rates are established
by Resolution. Currently the City has need for significant stormwater system upgrades
to reduce flooding problems occurring throughout the City due to the aging and
undemized infrastructure. Based on the current revenues collected by the stormwater
utility, insufficient funds are available to support the needed infrastructure improvements.
As a result, the City has requested an evaluation of the Stormwater Utility Ordinance and
Rate Resolution along with evaluation of the current revenue stream and system cash
balances. The evaluation will verify that existing and new developments are being
properly billed based on the impervious area of the lot and number of ERU's. In
addition, the Ordinance will be reviewed regarding credits given to new development to
determine if benefits to the stormwater system are equivalent or greater than the credit
given. The existing revenue stream will be evaluated to determine debt service and
operation and maintenance budget to establish the current revenue distribution. This
data will be utilized to establish a future budget in conjunction with the City. Based on
the O&M budget and current debt service, various rate adjustments will be analyzed to
determine funds that could be generated in support of the Capital Improvement
Program.
Under separate Amendment, if acceptable to the City, the Engineer will prepare a
Master Stormwater Plan to address the short and long-term improvements required for
the stormwater system and determine the cost and priority for the needed improvements
to establish a short and long term Capital Improvement Plan. The Master Plan will
prioritize the needed improvements based on the available funding as determined by this
analysis.
SECTION 2
Scope of Services
2.1
General Description
1. Assist the City in preparation of the State Revolving Loan Program Loan Application for
funding of the Rate Analysis, Stormwater Master Plan and design of improvements identified
in the Master Plan and fundable under the ClP based on revenue, as established by the
Rate Analysis.
2. Obtain billing records for all parcels and review and update all major commercial customers
to verify impervious calculations and revenues collected. Recommend a process for
calculations and verification of ERU's during the development review process.
3. Review the current CIP and operation and maintenance costs and, in conjunction with the
City, establish a future budget for use in rate sensitivity analysis.
4. Review of Stormwater Utility Rate Administrative Practices:
The City of Sanford's Stormwatar Management Utility has an established rate structure
that provides for monthly billing of rates to recover the City's costs associated with the
collection and disposal of storm and surface water. The purpose of this review is to
ascertain the City's practices related to the calculation, application and billing of the
monthly stormwater rates to ensure that such practices are in keeping with the
parameters set forth in City of Sanford's Code of Ordinances.
Task 1 - Data Acquisition and Review. CPH will obtain specific information related to the
City's Stormwater Management Utility rate administrative and billing process.
Information to be compiled and reviewed will include, but not be limited to i) copies of
Stormwater rate ordinance and schedules; ii) information regarding customer
accounting and billing practices; iii) copies of routinely available management reports
summarizing monthly revenues and customer billing statistics; iv) samples of supporting
documentation related to the establishment of non-residential ERU's for customers that
have been added to the system in recent years.
Task 2 - On-Site Investi,qations. It is anticipated that in addition to the initial data
request, CPH will conduct on-site meetings with members of the City's Stormwater
Management and Utility System staff responsible for customer accounting and billing to
review rate administrative processes and practices.
Task 3 - Evaluation of Rate Administrative Practices, This phase of the project involves
the evaluation of the rate administrative practices based on the information gathered and
compiled in Tasks 1 and 2 above, As a result of this evaluation CPH will recommend
any changes in current business practices to improve operational effectiveness and
ensure that the City's stormwater rates are being applied properly in accordance with the
City Code of Ordinances.
Task 4 - Presentation of Report Findinf~s. CPH will prepare a draft letter report for
consideration by the City that includes the findings of the evaluation conducted in Task 1
through Task 3.
5. Preliminary Stormwater Management Utility Financial Forecast::
This assignment includes the development of a preliminary financial forecast of the
Stormwater Management Utility System. CPH will employ PRMG to assist in the
preparation of the financial forecast. The City has previously implemented a stormwater
management utility with rates for service based on customer classification and level of
service. The focus of this task will be on the stormwater management system's financial
needs and required rate levels to service these needs in the near future. It is envisioned
that the results of this task will be used to assist the City of Sanford in the development
of capital improvement program and the prioritization of the projects included in such
program. The activities associated with the Preliminary Stormwater Management Utility
Financial Forecast are summarized below by major task:
Data Request and Data Gathering - CPH will prepare a written data request for the
collection of financial, customer billing, operating, engineering and planning data
necessary to conduct the preliminary financial forecast. Information requested will
include, but is not limited to, financial statements, existing rate schedules, operating
budgets preliminary capital work plans, existing debt service schedules, and
summaries of customer billing data. The initial data request will be as
comprehensive as possible; however, based on review the City's initial response it is
contemplated that follow up data requests may be required during the course of
completing this task. This task will also include attendance at an initial project
meeting to confirm study goals and objectives and review the study's data
requirements.
Identification of Fiscal Policies and Objectives - This task will include the review of
existing City Ordinances, financial policy and loan agreements associated with
outstanding loan obligations and anticipated future loans. Based on this review CPH
will meet with the City staff to identify goals related to financial performance
indicators, capital funding practices and reserve fund policies to provide financial
guidelines and support for the rate evaluation process.
Customer and Revenue Forecast - PRMG will prepare a preliminary forecast of
revenues under existing rates based on information provided by the City. This task
will include review of historical customer statistics by rate classification and
development of a forecast of customers (ERU's) and revenues based on the best
available information about future growth. The first step of this task will be to work
with City staff to specify the customer and revenue data to be provided. Once the
customer data and is provided it will be assembled for use in the preliminary
stormwater utility financial forecast.
Review of Capital Improvements Program - This task will involve the development of
a capital finance plan to fund the capital improvements program (the "ClP") for the
City's Stormwater Management Utility System. Along with the capital projects
identified in the ClP, this review will also consider capital needs identified by the City
that are not currently programmed into the CIP because the funding is not currently
available. In addition to reviewing the City's current ClP and unmet capital needs,
this activity will also include identification of available funding sources and fund
balances and development of a capital funding strategy based on project timing and
the analysis of alternative funding sources. These capital funding sources typically
include the potential issuance of debt; grants, non ad valorem tax assessments,
general fund contributions and funds generated internally from stormwater utility
rates. It is recognized that the initial ClP and funding strategy developed in
conjunction with the City staff may need to be modified during the course of the study
in order to achieve the City's goals with respect to the level and timing of proposed
rate adjustments. These modifications or alternative capital funding strategies will
ensure that the capital finance plan supports the overall stormwater management
strategy deemed to be appropriate by the City. CPH will also consider refinancing of
current debt and will make recommendations as to the benefit of refinancing.
Rate Comparisons - This task will involve preparation of a rate comparison to assist
the City in evaluating the competitiveness of its stormwater utility rates with those
charged by neighboring communities. We will prepare a general rate comparison
and customer class rate comparison.
6. List of Deliverables:
The deliverables to be provided in this engagement include the following items:
SRF Loan Application and all Associated Support Data
Customer Billing Analysis Report
Letter Report on Evaluation of Rate Administrative Practices
Preliminary Financial Forecast for the Stormwater Utility System
Rate Comparison with Other Jurisdictions
Letter Report Summarizing Preliminary Financial Forecast
SECTION 3
Additional Services of the ENGINEER
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
If authorized by the CITY, the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY may provide these services separately or
directly with the provider. Such additional services will be paid for by the CITY as
outlined in Section 5.
Additional services due to significant changes in the scope of the project or its design
including, but not limited to, complexity, character of construction or due to time
delays in initiating or completion of the work as described herein.
Provide through subconsultants, geotechnical testing; wetland identification and
preparation of mitigation plans; land acquisition boundary surveys, title searches,
preparation of legal descriptions or sketches of description; or other specialist
services including real estate or right-of-way agents, project or construction
management, financial or budgetary consultants, and bookkeeping or accounting
services that exceed the scope as detailed in Section 2. If these services are
subsequently determined advisable during the course of work, they may be
considered for authorization as an additional service under this section or separately
provided by the CITY.
Except as otherwise provided herein, services or additional costs associated with
revising previously accepted studies, reports, or other documents prepared by the
ENGINEER when such revisions are due to causes beyond the ENGINEER's
control.
Additional services resulting from public protests, administrative hearings, or similar
matters.
Preparing to serve and/or serving as an Expert Witness for the CITY in any litigation,
public hearing, condemnation proceeding, right-of-way or easement acquisition or
negotiation, or other legal / administrative proceeding.
Furnishing more than 5 sets of prints or drawings and other Documents.
Additional engineering services required by revisions to regulations (after the date of
this Amendment) as applicable to the Florida Department of Environmental
3.1.8
Protection, the St. Johns River Water Management District, Corps of Engineers,
Seminole County, FDOT, or other regulatory agency requirements or revisions.
Additional services in connection with the project including services normally
furnished by the CITY as described din Section 4 herein and services not otherwise
provided for in this Agreement.
4.1
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5.
4.1.6
4.1.7
4.1.8
SECTION 4
CITY Responsibilities
The CITY will:
Advise the ENGINEER of his requirements for the project and designate a person to
act as the CITY's representative with respect to the work to be performed under this
Amendment, and such person shall have complete authority to transmit instructions,
receive information, interpret and define the CITY's policies and decisions pertinent
to the work covered by this Amendment.
Obtain and provide data requested that is reasonably available on the project along
with operational and maintenance requirements.
Guarantee access to and make all provisions for the ENGINEER to enter upon public
and private lands as required for the ENGINEER to perform his work under this
Amendment.
Make facilities accessible for inspection.
Examine all studies, reports, sketches, schedules, and other documents presented
by the ENGINEER and render decisions pertaining thereto within a reasonable time
so as not to delay the work of the ENGINEER. Assist in obtaining 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.
Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any
sub-consultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
Provide such legal, accounting, financial and insurance counseling services as may
be required for the project, and such auditing services as the CITY may require.
Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any defect in the Project.
5.1
5.1,1
5.1.2
5.1.3
5.1.4
5.1.5
SECTION 5
Payment
General Payment Provisions
Compensation paid ENGINEER for services described herein and rendered by
principals and employees assigned to the Project will be computed by multiplying the
attached Standard Classification Billing Rates for all classifications of employees
directly engaged on the project, times the numbers of hours worked on the project.
The engineering fee for the services described herein is a not-to-exceed fee of
$32,530, inclusive of out-of-pocket expenses. Invoices will be submitted periodically,
indicating the hours expended during that billing cycle.
The CITY will make prompt monthly payments in response to ENGINEER's monthly
statements without retention for all categories of services rendered under this
Agreement and for reimbursable expenses incurred.
Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding will be computed at a rate of $1200.00 per day or
any portion thereof (but compensation for time spent in preparing to appear in any
such litigation, hearing or proceeding will be computed in accordance with the
payment method as set forth in Paragraphs 5.1.1).
If this Agreement is terminated during prosecution of the services prior to completion
of the services of Section 2, payments to be made in accordance with Paragraph
5.1.1 and 5.1.2 on account of that and all prior work under this Amendment shall be
due and payable, and shall constitute total payment for services rendered. In
addition, upon termination, the ENGINEER shall be paid for any additional services
authorized and rendered under Section 3.
6.1
SECTION 6
General Conditions
Since the ENGINEER has no control over the cost of labor, materials, or equipment
or over any construction Contractor's method of determining prices, any opinion of
probable construction cost which may be provided in the services of this Amendment
are made on the basis of his experience and qualifications and represent his best
judgment as a design professional familiar with the construction industry, but the
ENGINEER cannot and does not guarantee that bids or the construction cost will not
vary from opinions of probable cost prepared by him. Similar limitations apply to
construction schedules reviewed or prepared by the ENGINEER.
CPH STANDARD CLASSIFICATION BILLING
RATES
Principal $1051
Professional En~lineer $95
Engineerin~ Manager $90
Sr. Design En[~ineer $80
Design Engineer EIT $70
Sr. Planner $95
Planner $90
Landscape Architect $85
Sr. Desitin Technician $77
Design Technician $70
Sr. CADD Technician $67
CADD Technician $55
CADD Operator $50
Construction Manager $78
Construction Field Representative $65
Construction Field Personnel $50
Professional Surveyor and Mapper $85
Surveyor in Training $75
Survey Project Manager $67
Survey Crew (2 Man) $90
Survey Crew (3 Man) $135
Administrative $50
Clerical II $45
Clerical I $35
6.2
6.3
The CITY and the ENGINEER each binds himself and his partners, successors,
executors, administrators and assigns to the other party of this Agreement and to
partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Amendment. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agency of any public body
which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the CITY and the ENGINEER.
The ENGINEER agrees to initiate work promptly upon receipt of authorization to
proceed and to prosecute the work in an expeditious and timely manner until the
Project is completed.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day
and year first above written.
(ATTEST & S-F, AL)
~net Dougherty - City Cl~k v
CITY:
By: City of Sanford
Name and Title
ENGINEER:
CPH Engineers, Inc.
D~vid A~ Giera(~h, P.E.
President
Date