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1024-Public Resources ManagemenffiPublic Resource Management Group, Inc. June 18, 2004 Mr. Paul R. Moore, P.E. Utilities Director City of Sanford P.O. Box 1788 300 Park Avenue Sanford, FL 32772-1788 Subjectl Letter of Agreement to Provide Consulting Services for a Water and Wastewater Impact Fee Study Dear Mr. Moore: Public Resources Management Group, Inc. (PRIVlG) is pleased to submit this Letter of Agreement to provide general consulting services to the City of Sanford, Florida (the "City"). Based on our discussions with the City, PRIvlG will provide consulting services relative to the analysis of the level of impact fees currently charged for the water and wastewater utility systems. PROJECT TEAM AND DIRECT LABOR RATES With respect to thc performance of this engagement, Mr. Henry Thomas will be thc principal-in- charge, while Anthony Hairstun will be the project manager and primary contact between the City and PRMG. PRMG may utilize other employees or associates during the course of thc engagement as needed. The services covered by this Agreement shall bc provided based on the direct labor rates set forth in Attachment A. SCOPE OF SERVICES The scope of services to bc performed by Public Resources Management Group, Inc. is included on Attachment B, which is made a part of this Letter Agreement. COMPENSATION AND BILLING Based on thc Scope of Services as summarized herein in Attachment B and the direct hourly labor billing rates as identified on Attachment A, we propose to establish an initial not-to-exceed contract budget of $18,000 to provide water and wastcwatcr impact fcc consulting services to thc City. This contract budget amount includes the direct cost of personnel anticipated to bc assigned to the project as well as an allowance for other direct costs such as travel, telephone, and shipping charges. The costs incurred by PRMG for such indirect costs, if any, will be billed to the City at the actual cost incurred by PRMG. It is proposed that PRMG will bill monthly for services relative to this engagement based on the hourly amount of time spent by PRMG members. ~41 N~)Rill M \Ill \Nil \\ I NI:I * hi II1: ~r~l~. M \1il \x,I). I I ~27s I Mr. Paul R. Moore, P.E. City of Sanford June 18, 2004 Page 2 TERM OF.4 GREEMENT The term of this Letter Agreement and the associated billing rates for the PRMG personnel shall be in effect and continue through the term of this agreement or through December 31 2004, whichever occurs first. We have enclosed two (2) originals of the Letter Agreement for the City's authorization. Upon execution of this Letter Agreement, please return one (1) original to PRMG; the other original is for the City's files. We appreciate the opportunity to submit this Letter Agreement to the City and look forward to continue working with the City in the near future. Very truly yours, Public Resources Management Group, Inc. ~em-y L./l~omas Vice President ACCEPTED BY: City of Sanford, Florida Authorized Signature Title [ --~ Attachments K:\1094\Agrmt Ltr.doc ATTACHMENT A CITY OF SANFORD WATER AND WASTEWATER IMPACT FEE STUDY SCHEDULE OF DIRECT LABOR HOURLY RATES AND STANDARD COSTS DIRECT HOURLY RATES Project Team Title Direct Labor Hourly Rate [*] Principal $135.00 Executive Consultant $120.00 Associate $110.00 Supervising Consultant $ 95.00 Senior Consultant $ 85,00 Rate Consultant $ 75.00 Rate Analyst $ 65.00 Analyst $ 55.00 Assistant Analyst $ 45.00 Clerical and Administration $ 45.00 [*] Direct labor hourly rates effective through December 31, 2004; rates will be adjusted by five percent (5%) effective January 1, 2005. INDIRECT COST RATES Expense Description Mileage Allowance - Personal Car Use Only Reproduction (black and white) Reproduction (color) Computer Time Telephone Charges Delivery Charges Lodging/Other Travel Costs Meals Subconsultant Services Other Costs for Services Rendered Indirect Cost Rate [*] $0.33 per mile $0.10 per page $0,50 per page $0.00 per hour Actual Cost Actual Cost Actual Cost Not to exceed per PRMG Employee: $6,00 - Breakfast $10,00 - Lunch $20.00 - Dinner Actual Cost plus 5.0% Actual Cost K:\ 1094~AgrmtLtr.do~ A- l ATTACHMENT B CITY OF SANFORD WATER AND WASTEWATER IMPACT FEE STUDY SCOPE OF SERVICES The Scope of Services to be performed by the personnel of Public Resources Management Group, Inc. (the "Project Team") relative to this engagement is summarized below by task: Data Request and Kickoff Meeting - PRMG will interview staff members, collect capital and planning documentation, such that sufficient information can be compiled to perform the study. Information to be obtained will include current fixed asset data, the updated capital improvement plan, projected development activity, demographic information, and other related information will be obtained. PRMG will attend a kick-offmeeting with the City staff to discuss utility objectives, level of service requirements, capital expansion and service territory requirements. The meeting will occur subsequent to the issuance of a data request for information to the completed by the City. Determination of Level of Service Standards - Based on information collected and the results of detailed interviews of key staff members, PRMG will identify the level of service (LOS) standards consistent with the City's current operating criteria, industry standards, and other factors. Equivalent Residential Connection (ERC) and Facility Use Characteristics - Based on the determination of the level of service standards that the City should maintain, an analysis of the City's existing and projected ERC requirements will be conducted. This analysis is necessary to evaluate the capacity utilization of the water and wastewater facilities (from both an existing and prospective capital facility standpoint). Impact Fee Determination - Based on the LOS standards and facilities use projections, PRMG will develop updated impact fees for water and wastewater service. The fees will be developed recognizing the reservation and utilization of capacity by an equivalent residential customer (e.g., single-family residential) and will reflect the City's capital cost to serve new development. This task will include the following: Review of and recommended changes to the City's current impact fee application methodology; Identification of appropriate impact fee methodology (needs versus standards driven); Analysis of existing facility costs and incremental costs to provide utility service to furore service area needs or build-out population; K:\1094LAgrmtLtr.doe B- 1 · Evaluation of system capacity relationships for incremental plant additions; Development of billing classification and equivalent residential unit requirements, as applicable; and Design base impact fee for each utility system. Impact Fee Comparison - A comparison of similar impact fees for neighboring communities will be prepared. This impact fee comparison will include i) level of fee charged; and ii) method of application where readily available. This task will be performed concurrent with the impact fee calculation to assist in the finalization of the City's impact fee methodology. Impact Fee Ordinance - PRMG will assist the City's legal counsel in the development of an ordinance detailing the level of impact fees charged and other fee parameters (applicability, purpose, collection, etc). This task is intended to include PRMG's review of the proposed ordinance as developed by the City's legal counsel. Report Presentation and Meetings/Public Hearings - A report will be prepared outlining the above referenced tasks to provide the basis for the proposed fees. The report will be prepared and presented in draft form to the City Commission and finalized after adoption by the Commission. Based on the scope of services discussed above, PRMG has included the attendance of 4 client meetings by not more than 2 representatives of PRMG, including the attendance of 2 regularly scheduled public hearings or workshops before the City Commission. Additional meetings would be considered as an additional service. K:\ 1094~AgrmtLtr.doc B-2 ADDITIONAL SER VICES During the course of the study, the City may request additional services from PRMG. Such services will not be conducted until authorized by the City as mutually agreed between the City and PRMG. The City will be billed for such additional services based on the hourly rate schedule o£ PILMG as shown in this Letter Agreement or some other basis as mutually agreed between the City and PRMG. Although no additional services are anticipated for this engagement, examples of additional services may include the following: Development of impact fees for other municipal services, such as police, fire, recreation, and other related services. 2. Development of rates for monthly water and wastewater service. 3. Attendance of meetings in addition to what is contemplated in the scope of services. Delays in the project schedule which may have impacts on analyses performed which would affect the budget for the scope of services reflected herein. K:\1094LAgrmtLw.do¢ B-3 PUBLIC RESOURCES MANAGEMENT GROUP, INC. ATTACHMENT C STANDARD TERMS AND CONDITIONS I. SCOPE 1. Public Resources Management Group, Inc. (PRMG) agrees to perform the utility consulting services described in the agreement that incorporates these standard terms and conditions. Unless modified in writing by the parties hereto, the duties of PRMG shall not be 2. construed to exceed those services specifically set forth in the agreement. II. COMPENSATION Client agrees to pay for the services as billed within thirty (30) days of receiving the invoice. Amounts paid after thirty(30) days may be subject to interest charges. Time-related charges will be made in accordance with the billing rate referenced in the agreement. Other indirect expenses and subcontractor services, if any, will be billed at COSt. III. RESPONSIBILITY PRMG 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. PRMG shall make findings, provide opinions, make factual presentations, and provide professional advice and recommendations. IV. INDEMNIFICATION PRMG agrees to indemnity, defend, and hold Client harmless from and against any liability arising out of the negligent errors or negligent omissions of PRMG, its agents, employees, or representatives, in the performance of duties set forth in Article I. V. INSURANCE PRMG shall maintain during the life of the agreement the following minimum insurance: Comprehensive general liability 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. 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. 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 PRMG without prior, written consent of the other. VI1. INTEGRATION These terms and conditions and the agreement to which they are attached represent the entire understanding of Client and PRMG 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 parties. 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 he 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 K:\1094L&gnntLt~.doc C-1 PUBLIC RESOURCES MANAGEMENT GROUP, INC. ATTACHMENT C STANDARD TERMS AND CONDITIONS laws, but the remainder of the agreement shall be in full fome 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. PRMG may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with the normal progress of work. PRMG 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 am 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 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, PRMG 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 5 percent of the time expended on the terminated portion of the project prior to the effective date of termination. PRMG 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. Xl. ARBITRATION All claims, disputes and other matters in question between the parties to this agreement arising out of or relating to this agreement or the breach thereof, which are not disposed by mutual agreement of the parties, shall be decided by arbitration in accordance with the Florida Arbitration Code. No arbitration arising out of or relating to this agreement shall include any person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the parties hereto and persons to be joined. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. Notice of demand for arbitration shall be filed in writing with the other parties to this agreement. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, but in no event after the date when the institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may be entered in accordance with applicable law in any court having jurisdiction. K:\ 1094La-grmtLtr.doe C-2