2014-103 1} G� ✓
CONTINUING SERVICES AND AGREEMENT FOR
ON-CALL CIVIL ENGINEER PROFESSIONAL SERVICES
THIS AGREEMENT is entered into as of this cti.k day of )eemb& 2014, by
and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of
the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter
referred to as "CITY" and AMEC ENVIRONMENT & INFRASTRUCTURE, INC., 2000 East
Englewood Drive, Suite 21'5, Lakeland, Florida, hereinafter referred to as "ENGINEER."
WITNESSETH
WHEREAS, the CITY is in need of qualified and licensed ENGINEER services related to various
municipal projects;
WHEREAS,the CITY,in accordance with Section 287.055,Flonda Statutes, solicited proposals for
professional services as more fully descnbed and set forth in On-Call Professional Civil Engineer
Services RFQ 14-034; and
WHEREAS, the ENGINEER submitted a proposal to provide said services and has represented to
CITY that it is qualified and desires to perform said services in accordance with the terms and
conditions contained herein, and all applicable law and professional standards;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM
1.1 This Agreement is_to become effective upon execution by both parties, and shall remain
in effect for a three (3)_year term, unless terminated as provided for herein. Additionally,
the parties agree that the term may be extended upon mutual agreement for periods of one
(1) year, but such option to extend may only be utilized three (3) times unless authorized
by the City Council for additional extensions.
1.2 The term of any task authorization/work order, as described in Section 2 hereof shall be
as set forth in such task authorization/work order, and all of the terms and conditions of
this Agreement shall survive until completion of all task authorizations/work orders.
2.0 DESCRIPTION OF SERVICES
2.1 It is expressly understood and acknowledged that nothing herein shall obligate or
guarantee to ENGINEER any agreement or task authorization and CITY expressly
reserves the right to exercise its option to issue any such agreements to any qualified firm
or entity in accordance with all applicable laws, ordinances, policies and/or regulations.
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2.2 The CITY shall make request of ENGINEER to provide professional engineering and
other related consulting services on a task basis. The CITY will communicate with
ENGINEER, verbally or in writing, a general description of the task to be performed.
The ENGINEER will generate a detailed Scope of Work document, prepare a Schedule,
add a not-to-exceed-budget to accomplish the task, and send the thus developed "Task
Proposal" to the CITY. If a site visit by ENGINEER is needed to generate the scope
document, ENGINEER shall request approval prior to visiting the site. The CITY will
review the proposal, and if the description is mutually acceptable, the parties will enter
into a written "task authorization or work order". The Scope of Services generally to be
provided by the ENGINEER shall be as provided and contemplated by the CITY in that
certain RFQ 14-034, and ENGINEER'S response thereto, which are expressly
incorporated herein and made a part hereof as if restated.
ENGINEER shall not be authorized to proceed until the CITY has issued a Notice to
Proceed to the ENGINEER. Upon receipt of the signed Task Authorization and a Notice
to Proceed from the CITY, the ENGINEER shall perform the services set forth in the task
authorization/work order.
2.3 ENGINEER shall provide CITY'S designated project manager with monthly time sheets
or labor cost statements for services rendered during the preceding month. Each time
sheet shall state the names and classifications of all personnel who performed services
during said month under the task authorization, and the number of hours worked by each.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 CITY may make changes" in the services at any time by giving written notice to
ENGINEER. If such changes increase (additional services) or decrease or eliminate any
amount of work, CITY and ENGINEER will negotiate any change in total cost or
schedule of modifications. If the CITY and ENGINEER approve any change, the task
authorization/work order will be modified to reflect the changes; and ENGINEER shall
be compensated for said services in accordance with the terms of Article 5.0 herein. All
change orders shall be authorized in writing by CITY'S and ENGINEER'S designated
representatives.
3.2 All of CITY'S said task authonzations/work orders and amendments thereto shall be
performed in strict accordance with the terms of this Agreement insofar as they are
applicable.
4.0 SCHEDULE
4.1 ENGINEER shall perform services in conformance with the mutually agreed upon
schedule set forth in the negotiated task authorization. ENGINEER shall complete all of
said services in a timely manner and will keep CITY fully informed of the status of work
on a reasonable basis in relation to the scope of the project or at least monthly.
Should ENGINEER fall behind the agreed upon schedule, it shall employ such resources
so as to comply with the agreed upon schedule at no additional cost to the CITY.
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4.2 No extension for completion of services shall be granted to ENGINEER without CITY'S
prior written consent, except as provided in Sections 3.1 and 20.0 herein.
5.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES
5.1 DEFINITIONS:
5.1.1 The "ENGINEER's Professional Services Fee Schedule" as set forth in Exhibit
"A", attached hereto and incorporated herein, are used as a basis for payment for
services pursuant to Paragraphs 2.0 and 3.0. These fee schedules shall include
wages, salaries, taxes, insurance, overhead and profit. The hourly salary rates set
forth in the Fee Schedule are firm for the initial term of the contract (3 years), but
are subject to an equitable adjustment that is to be negotiated prior to the renewal
of the Agreement. Any adjustments to the Fee Schedule must be mutually agreed
to by the CITY and ENGINEER.
5.1.2 The "ENGINEER's Reimbursable Expenses Schedule" as set forth in Exhibit
"B", attached hereto and incorporated herein, as provided by the ENGINEER, is
used as the basis for payment for actual costs of all reimbursable expenses
incurred in connection with the services rendered.
Reimbursable expenses are limited to: printing, travel (not ordinary to the project)
and the purchase of specialized software or equipment specific to the task
authorization, which are directly in connection with the project and been pre-
approved by the City. Said reimbursable expenses shall be passed through at a
cost factor of 1.0.
5.1.3 The "Deliverables" are defined as plans, reports, findings, specifications, or
anything else that is the end product or work performed by the ENGINEER or the
CITY. ENGINEER shall, within such time constraints as may be set forth in the
work order, submit to CITY the deliverables as identified in the work order; and
ENGINEER shall, upon completion of all work, submit to the CITY all
information developed in the course of the consulting services. ENGINEER
shall, upon request by CITY and upon completion or termination of this
Agreement, deliver to CITY all material furnished to ENGINEER, provided the
CITY identifies those materials in writing.
5.2 PAYMENT/COMPENSATION:
CITY agrees to pay or compensate the ENGINEER for the professional services
performed on each task authorization/work order in accordance with one of the following
methods, unless otherwise provided herein or in the task authorization/work order.
5.2.1 Not to exceed cost based upon the "ENGINEER's Professional Services Fee
Schedule."
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5.2.2 Lump sum cost based upon the "ENGINEER's Professional Services Fee
Schedule."
5.3 SERVICES-ADDITIONAL: CITY shall pay ENGINEER as follows:
5.3.1 Professional Associates, ENGINEERs and/or Subcontractors: For services and
expenses of independent associates, ENGINEERs and/or subcontractors
employed by ENGINEER, the amount invoiced to ENGINEER times a factor of
1.0 for invoices to the CITY.
5.3.2 Expert Witness: For any litigation, arbitration or other legal or administrative
proceeding for any time spent in preparation for such litigation, for on the same
basis as set forth in Paragraph 5.1 and 5.3.1.
5.4 Times of Payments: At monthly intervals, ENGINEER shall submit statements for
services, additional services rendered and for reimbursable expenses incurred. The
statements will be based upon ENGINEER'S actual manpower expended and actual
expenses incurred within the billing penod.
5.4.1. As a condition precedent'to receiving payment, ENGINEER shall have been
authonzed to proceed by CITY, shall not be in default of any of the terms and
conditions of this Agreement and shall provide to CITY an invoice. The invoice
shall be forwarded to CITY, no more frequently than once per month, and signed
by an authonzed representative of ENGINEER related to the applicable monthly
installment payment. The invoice shall include a statement identifying the period
for which it applies and the sub-tasks or portions thereof, completed by the
specific task authorization/work order, and specifically set forth the percent of
completion of each sub-task for which compensation is being requested.
5.4.2. All invoices submitted for compensation shall include a statement by ENGINEER
that states as follows:
"This statement sets forth only actual time spent by the firm's employees and
does not contain any unit billing, multipliers, or other devices that permit payment
for more than actual time spent."
5.4.3. CITY shall pay all valid, approved, and undisputed invoices within thirty (30)
days of receipt from ENGINEER. In the event that CITY disputes any invoice
submitted, it shall advise ENGINEER, in writing, and said invoice shall not be
deemed due and payable under this agreement. Neither the CITY'S review,
approval or acceptance of, nor payment for, any services-provided hereunder shall
be construed to operate as a waiver of any nghts under this Agreement and the
ENGINEER shall be liable to CITY for any and all damages to CITY caused by
the ENGINEER'S negligent or wrongful performance of any of the services
furnished under this Agreement.
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5.5 Other Provisions Concerning Payments:
5.5.1 In the event of termination by CITY under Section 19.0 dunng the performance of
the services, payments due ENGINEER up to the point of termination, including
payments for services rendered, and all costs incurred shall constitute total
payment for such services.
5.5.2 Records of ENGINEER's Salary Costs and Expenses pertinent to ENGINEER'S
compensation under this Agreement will be kept in accordance with generally
accepted accounting principles. These records will be made available to CITY for
audit upon request by CITY. Copies will be made available to CITY on request
prior to final payment for ENGINEER'S services.
5.5.3 A separate invoice must be submitted for each individual task authorization.
Invoices must show a breakdown of the number of hours worked by each person
charging time to the task authonzation, hourly salary cost and any reimbursable
expenses.
6.0 RIGHT TO INSPECTION
6.1 CITY or its agents shall at all times have the right to review or observe the services
performed by ENGINEER.
6.2 No inspection, review, or observation shall relieve ENGINEER of its responsibility under
this Agreement.
7.0 PROGRESS MEETING
CITY'S designated Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently, if required, during the term of any task authorization entered
into under this Agreement. ENGINEER'S Project Manager and all other appropriate
personnel shall attend such meetings as designated by CITY'S Project Manager, and
ENGINEER shall be compensated at the billing rates set forth in Article 5.0
8.0 SAFETY
8.1 ENGINEER agrees to comply with CITY'S published safety standards while on the
property of CITY. A copy of these standards is provided in Exhibit "C", attached hereto
and incorporated herein.
8.2 ENGINEER shall have full responsibility and assume all liability for the safety and
supervision of its employees while performing services provided hereunder.
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9.0 REASONABLE ACCESS
During the term of this Agreement, CITY shall grant ENGINEER reasonable access to
the CITY'S premises for purposes of fulfilling its obligations under this Agreement.
10.0 INSURANCE AND HOLD HARMLESS/INDEMNIFICATION
ENGINEER and/or any CITY approved subcontractors or sub ENGINEERs shall
maintain in force during the term of this Agreement, at its own expense, insurance as set
forth below and shall be bound by the terms of the Hold Harmless/Indemnification
provisions expressed therein.
Worker's Compensation—as required by applicable state statute.
Commercial General Liability - $1,000,000 per occurrence for bodily injury, including
death and property damage and $2,000,000 in the aggregate. The General Liability
policy shall include the commercial form, contractual liability and independent
contractor's coverage.
Automobile Liability - $1,000,000 combined single limit for bodily injury and property
damage. The Automobile Liability policy shall include the business form, owned, hired
and non-owned coverage.
Professional Liability(E&O) - $1,000,000 each claim and in the aggregate.
Property Coverage—Property coverage in limits sufficient to remedy the loss, and/or loss
of use of, valuable papers and records, and any other property of the party utilized in
connection with the City.
The General Liability and Automobile Liability shall each contain an endorsement
naming the City as an additional insured as to any liability arising out of insured party's
performance pursuant to this_agreement. The Worker's Compensation and Employer's
Liability coverage shall contain an endorsement waiving subrogation as against the City.
Indemnification,— ENGINEER shall indemnify and hold harmless and defend the Client
and its employees from any liability, settlements, loss of costs of any kind, whether actual
or threatened; (including reasonable attorney's fees and cost of defense) to the extent
caused by the negligent act, error or omission of ENGINEER in the performance of
services under this Agreement.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
ENGINEER shall comply with all requirements of federal, state and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of this
Agreement.
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12.0 REPRESENTATIONS
12.1 ENGINEER represents that the services provided hereunder shall conform to all
requirements of this Agreement, RFQ 14-034 and ENGINEER'S response thereto; shall
be consistent with recognized and sound professional engineer practices and procedures;
and shall conform to the customary standards of care, skill, and diligence appropriate to
the'nature of the services rendered.
12.2 ENGINEER represents that the personnel furnishing such services shall be qualified and
competent to perform the services assigned to them and that such guidance given by and
the recommendations and performance of such personnel shall reflect their best
professional knowledge and judgment.
12.3 Subject to the provisions of this Section, should ENGINEER breach the warranties set
forth herein, CITY shall have such remedies as may be provided at law or equity.
12.4 Without limiting the generality of the foregoing, if the ENGINEER completes its services
under any task authorization entered into hereunder, arid the ENGINEER'S services are
non-complying, defective, or otherwise improperly performed and CITY notifies
ENGINEER in writing that a defect, error, omission or noncompliance has been
discovered in ENGINEER'S services, ENGINEER shall, at the option of CITY: a)
correctly re-perform such non-complying, defective, or otherwise improperly performed
services at no additional cost to CITY; b) refund the amount paid by CITY attributable to
such non-complying, defective or otherwise improperly performed services; or c) if
ENGINEER fails to take action under a) above, at ENGINEER'S sole expense, otherwise
cure or have cured any such non-complying, defective, or otherwise improperly
performed services.
12.5 The only representations made by ENGINEER are those expressly enumerated in this
provision. Any other statements of fact or descriptions expressed in the Agreement or
any attachments thereto, shall not be deemed to constitute a warranty of the work or any
part thereof
13.0 GUARANTEE AGAINST INFRINGEMENT
ENGINEER guarantees that all services provided under this Agreement shall be free from claims
of patent, copyright, and trademark infringement. Notwithstanding any other provision of this
Agreement, ENGINEER shall indemnify and hold harmless CITY, its officers, directors,
employees, agents, assigns, and servants from and against any and all liability, including
expenses, legal or otherwise, for actual infringement of any patent, copyright, or trademark
resulting from the use of any goods, services, or other items provided under this Agreement.
Notwithstanding the foregoing, ENGINEER may elect to provide non-infringing services.
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14.0 DOCUMENTS
14.1 Upon CITY'S or its designated Project Manager's request, at any time dunng the term of
this Agreement or upon completion or termination of this Agreement, ENGINEER shall
provide CITY or its designated Project Manager with a copy of all documents and
electronic files prepared by ENGINEER under this Agreement or any Task Authorization
hereunder. CITY understands that re-use of any documents for any other purposes, shall
be at the CITY'S own risk.
14.2 The parties acknowledge that the CITY is a Florida municipal corporation and subject to
the Florida Public Records Law, therefore, to the extent applicable to it, ENGINEER
agrees to comply with the terms thereof with regard to any and all documents related to
the CITY.
14.3 Drawings, specifications, reports, program, manuals, calculations, supporting design
documentation or other documents, including all documents on electronic media,
provided by the ENGINEER or their sub-ENGINEERs, prepared under this Agreement
shall be come property of the CITY. Conformed documents, record documents and final
written documents shall be provided electronically in a form specified by the CITY. The
CITY agrees to release ENGINEER from any liability that may result from the re-use of
documents or modifications thereof, by the CITY of its representatives for any other
purpose other than the original intent of this Agreement, without wntten authorization by
the ENGINEER. ENGINEER will retain all common law, statutory, and other reserved
rights, including the copyright thereto.
15.0 ASSIGNMENT
15.1 ENGINEER shall not assign or subcontract this Agreement, any task authorization
hereunder, or any rights or any monies due or to become due hereunder without the prior,
written consent of CITY.
15.2 If, upon receiving written approval from CITY, any part of this Agreement is
subcontracted by ENGINEER, ENGINEER shall be fully responsible to CITY for all acts
and/or omissions performed by the subcontractor as if no subcontract had been made.
15.3 If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify ENGINEER who shall take immediate steps to remedy
the situation.
15.4 If any part of this Agreement is subcontracted by ENGINEER,prior to commencement of
any work by the subcontractor, ENGINEER shall require the subcontractor to provide
CITY and its affiliates with insurance coverage as set forth by the CITY'S Risk
Management.
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16.0 INDEPENDENT ENGINEER
At all times during the term of this Agreement, ENGINEER shall be considered an independent
ENGINEER.
17.0 CONFLIST OF INTEREST
ENGINEER shall not undertake any task on behalf of the CITY where ENGINEER has a
conflict of interest arising out of a part or present professional relationship with another client.
The ENGINEER shall notify the CITY in writing of any conflict of interest or potential conflict
of interest should arise.
18.0 DEFAULT
If during the term of this Agreement, ENGINEER shall be in default of any of the material
provisions of this Agreement, CITY may suspend its performance hereunder until such
delinquency or default has been corrected; provided, however that no suspension shall be
effective unless and until CITY gives wntten notice of the default to ENGINEER with at least
ten (10) days to cure such default. If ENGINEER fails to correct such delinquency or default
within thirty(30) days of suspension by CITY, CITY may terminate this Agreement.
19.0 TERMINATION
Notwithstanding any other provision of this Agreement, CITY may, upon written notice to
ENGINEER, terminate this Agreement if: a) without cause and for convenience upon thirty (30)
days written notice to ENGINEER b) ENGINEER is adjudged to be bankrupt; c) ENGINEER
makes a general assignment for the benefit of its creditors; d) ENGINEER fails to comply with
any of the conditions of provisions of this Agreement; or e) ENGINEER is experiencing a labor
dispute, which threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have under this
Agreement. In the event of such termination, CITY shall be liable only for the payment of all
unpaid charges, determined in accordance with the provisions of this Agreement, for work,
properly performed and accepted prior to the effective date of termination.
20.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God: fire; flood; windstorm; explosion; riot;
war; sabotage; strikes; extraordinary breakdown of or damage to CITY'S affiliates' generating
plants, their equipment, or facilities; court injunction or order; federal and/or state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of
the party affected; provided that prompt notice of such delay is given by such party to the other
and each of the parties hereunto shall be diligent in attempting to remove such cause or causes.
If any circumstances of Force Majeure remain in effect for sixty (60) days, either party may
terminate this Agreement.
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21.0 GOVERNING LAW & VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue shall be Lake County, Florida, or the
United States District Court in and for the Middle District of Flonda.
22.0 HEADINGS
Paragraph headings are for the convenience of the parties only and are not to be construed as part
of this Agreement.
23.0 SEVERABILITY
In the event any portion or part of this Agreement is deemed invalid, against public policy, void,
or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment
in the affected provision of this Agreement. The validity and enforceability of the remaining
parts thereof shall otherwise be fully enforceable.
24.0 WAIVER AND ELECTION OF REMEDIES
24.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not
be considered a waiver of that term, condition, or provision in the future.
24.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of each party
hereto.
25.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
CITY and ENGINEER.
26.0 PROHIBITION AGAINST CONTINGENT FEES
ENGINEER warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this
Agreement.
27.0 ENTIRE AGREEMENT
Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and
exhibits attached hereto, constitutes the entire agreement between CITY and ENGINEER with
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respect to the services specified and all previous representations relative thereto, either written or
oral, are hereby annulled and superseded.
28.0 SOVEREIGN IMMUNITY
Nothing contained in the Agreement shall be construed as a waiver of the CITY'S rights to
sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the
CITY'S potential liability under state or federal law.
29.0 NOTICE
Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed,postage prepaid to:
CITY: City of Clermont
Darren Gray, City Manager
685 West Montrose Street
Clermont, Florida
ENGINEER: AMEC Environmental & Infrastructure, Inc.
Thomas J. Logan, President
2000 East Edgewood Drive, Suite 215
Lakeland, FL 33803
Either party may change the name of the person receiving notices and the address at which
notices are received by so advising the other party in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated
below:
CITY OF CLERMONT,FLORIDA AMEC ENVIRONMENT&
INFRASTRUCTURE, INC.
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BY:: •
BY:
Gail Ash, Mayor MI J lit V s,
Printed Name and Title
ATTEST:
A-eXA-424 ATTEST: vo®raraar�es�re®®
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Tracy Ackroyd, City Clerk �-
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EXHIBIT A
EXHIBIT B
amec0
FEE SCHEDULE
Rates Effective through 12/31/15
FEE SCHEDULE FOR PROFESSIONAL SERVICES
Hourly
Engineers,Geologists,Scientists,and Technical Specialists* Rate
Pnncipal $200
Senior Associate $185
Associate $165
Senior 2/Project Manager $152
Senior 1/Project Manager $132
Engineer/Scientist Professional 3 $120
Engineer/Scientist Professional 2 $108
Engineer/Scientist Professional 1 $94
Technical Support
Technician 6 $105
Technician 5 $90
Technician 4 $80
Technician 3 $65
Technician 2 $58
Technician 1 $48
Administrative
Administrative Staff 6 $85
Administrative Staff 3 through 5 $60
Administrative Staff 1 and 2 $53
Survey Crews
Survey Crew(4 Person) $200
Survey Crew(3 Person) $160
Survey Crew(2 Person) $120
Expenses
Reproduction/Plotting—Black&White
24"X 36" $1.50
30"X 42" $2 25
Reproduction/Plotting—Color
8 1/2"x 11" $1.00
11 X 17 $4.00
24 X 36 $6 00
30 X 42 $6.00
Travel Expenses In accordance with
Chapter 112.061
F.S
Postage,FedEx,UPS Actual Costs
Subcontractor Services Actual Costs
EXHIBIT C
0( City of Clermont, Florida
Safety Program Policy
(Replaces Safety Policy dated November 24, 1998)
A. Purpose
The City of Clermont (City) is committed to ensuring that employees have safe and
healthy conditions in which to work. This obligation is owed to each employee and
citizen of Clermont, since there is a direct relationship between the personnel and
monetary cost of accidents and the ability to provide reliable cost-effective services.
B. Scope
The provision set forth in this safety policy shall apply equally to all City employees, and
for the purpose of this policy volunteers shall be considered employees
C. Directive
Identification and correction of all safety hazards and issues must have immediate and
decisive action. Effective implementation of a comprehensive safety program depends
upon the commitment of all City employees to reduce occurrences of preventable
accidents and injuries. Through education and the promotion of safe work habits, all
employees will understand what is expected Safety must be an ongoing and essential
part of all employees' work day.
D. Guidelines
The City's Safety Program consists of several key elements
1 Responsibilities of Management, Supervisors, and Employees — Safety
responsibilities at every level of the City must be clearly defined in writing and
relayed through training
2 Written Practices and Training Programs — Specific written safety practices and
training programs clearly define safety expectations that are necessary to prevent
exposures, fatalities and serious injuries
3. Safety Meetings — Safety meetings are held and provide an opportunity to discuss a
variety of safety topics.
4 Safety Action Team (SAT) — The Safety Action Team's main function is to facilitate
and improve the safety of all City Employees.
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10/08/2013
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5 Corrective Action/Disciplinary Policy — The Personnel Policy, Employee Disciplinary
Procedure defines how safety rules will be fairly and consistently administered when
not adhered to
The City Manager shall establish procedures to implement this policy.
Approved and adopted by the Clermont City Council by resolution number
2013-29 on October 8, 2013.
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10/08/2013
,
emik410( City of Clermont, Florida
Safety Program Procedure
Effective: October 9, 2013
(Replaces Safety Policy dated November 24, 1998)
A. Purpose
The purpose of this document is to provide an overall written description of the City of
Clermont's (City) Safety Program.
B. Scope
The provision set forth in this safety policy shall apply equally to all City employees, and
for the purpose of this policy volunteers shall be considered employees.
C. Employee Duties and Responsibilities
Employees must participate in, abide by, and be accountable for the City's safety
program. There are many ways in which employees can be involved and remain
informed.
1. Safety Action Team (SAT) — The SAT is comprised of a variety of talents of
employees and representation from all the departments. The periodic forum
allows for employee input on safety matters including the presentation of
concerns and recommendations for improving overall employee safety, review
of injuries/accidents and development of preventative corrective measures, and
evaluation and promotion of safety training programs.
2. Correction/reporting of safety hazards — Employees are empowered to correct
unsafe conditions within his/her power to correct, other items should be reported
to a supervisor/manager immediately.
3. Reporting injuries/illnesses and accidents — Reporting all injuries/illnesses and
accidents to the supervisor, regardless whether medical attention is sought.
Near miss injuries and accidents should also be reported.
4. Participation in safety training — Employees must receive the proper safety
training required by his/her job assignment. Supervisors/managers are directly
responsible for ensuring that employees receive the required training.
5. Conducting safety meetings — Supervisors/managers are responsible for
conducting safety meetings or "just in time" training topics, topics discussed or
presented in SAT meetings, or topics pertinent to the respective work area.
Employees are encouraged to volunteer to present safety topics (topics
provided by the supervisor/manager) to fellow co-workers.
6. Conducting safety training for new/current employees — Supervisors/managers
are responsible for conducting or coordinating the facilitation of safety training
for new and current employees. Employees may be asked to conduct specific
safety training pertinent to the respective work area by the supervisor/manager.
D. Management/Supervisory Duties and Responsibilities
1. Policy — The City has established a Safety Program Policy, which has been
approved by the City Council.
2. Involvement — Management involvement consists of management showing a
hands-on involvement in the City's Safety Program. This is accomplished by
numerous means including, support of the SAT, conducting/ensuring
investigations be conducted into injuries/illnesses and property damage, and
discussing safety topics at meetings. Observing management involvement
encourages employees to become more personally involved in safety and fosters
a caring, trusting relationship between employees and management.
3. Role and Responsibility — Managers/supervisors are directly responsible for the
safety of employees, and must empower employees to take action on safety
issues. Empowerment allows employees to take ownership of safety issues and
follow issues through to completion. The role and responsibility of
managers/supervisors includes the following:
a. Being well versed in the content and application of the City's Safety Policy,
Procedure and departmental specific safety requirements and guidelines.
b. Monitoring employee workplace safety compliance including the use of
personal protective equipment(PPE) and other issued safety equipment.
c. Encouraging employees to report unsafe work conditions and practices, and
empower employees to have the authority to identify and correct safety
issues when immediately necessary.
d. Encouraging employees to be involved in the City's safety program(s).
Allotting time for employees to work on safety issues and volunteer as
members on the SAT.
e. Being a safety mentor to employees and always leading by example.
f. Providing specific safety training to employees, including area specific.
g. Attending supervisor safety training courses when offered.
4. Corrective Actions/Discipline — Department Directors will ensure enforcement of
safety requirements and respond to non-compliance with progressive or non-
progressive corrective action/discipline dependent upon the severity of the
infraction and other pertinent factors.
E. Work Area Safety and Maintenance
1. All employees are responsible for the safety of his/her work area. Employees
must practice safe work habits, as work-related accidents can be avoided.
Employees should report all safety matters (e.g., trip hazards, broken equipment,
etc.)to his/her supervisor immediately so that the issues can be corrected.
2. Managers/supervisors continually observe workplace conditions and correct
unsafe conditions and work practices.
3. The Public Works Department conducts maintenance and repair of buildings,
building systems, facility sites, and vehicles and equipment. Preventative
maintenance services are conducted at intervals specified in maintenance
procedures, manuals, and as determined by Public Works. Repairs are
completed on an "as needed" basis. Facilities are surveyed to determine and
schedule predictable maintenance and repairs. Public Works schedules, tracks
and records all maintenance and repairs, including re-occurring preventative
maintenance items.
F. Injury/Accident Reporting and Supervisor Investigation
All injuries/illnesses and accidents involving City property, vehicles, or equipment must
be reported to a supervisor immediately, no later than the same workday. This includes
non-employee injuries occurring on City property. Medical assistance should be
summoned without delay in all instances, should immediate care be necessary.
The employee and supervisor injury/illness and/or accident form(s) shall be completed.
All reported injuries/illnesses and accidents must be investigated by a supervisor as
soon as possible, within twenty-four(24) hours of the supervisor being informed of the
injury/accident.
Supervisors shall make a thorough report concerning all details involved. The
information gained from investigation reports can be utilized to identify and correct
unsafe conditions and work practices.
The Department Director should be made aware of all injuries/illnesses and accidents,
and he/she ensure all required paperwork is completed. The Police Department will
investigate accidents where damage to private vehicles/property involves City
employees, vehicles and/or equipment.
Employees must not admit or offer a settlement in situations involving non-
employees and/or non-City property. Employees will only discuss the
circumstances surrounding an incident with a supervisor, manager, department
director and/or investigating law enforcement officer.
All investigation reports are reviewed bythe SAT. The SAT discusses the preventability
P , P tY
of injuries/illnesses and accidents, whether appropriate action has been taken to
prevent future incidences, and make recommendations of additional action if
necessary. '
G. Trend Analysis
Part of the process of minimizing injuries/illnesses and accidents involves reviewing
causes determined by reports and investigations to identify trends. If a trend is detected,
a plan of action will be determined and acted upon. The plan of action may consist of
specific training, personal protective equipment, and/or other safety initiatives.
H. Safety Training
Safety training is the responsibility of the City, management, and employees.
1. All Employees are required to participate in general safety training delivered to all
employees through New Employee Orientation, Area Specific Orientation and
departmental specific safety topics.
2. Supervisors, managers, and directors are required to attend the programs above,
and supervisors may also be required to attend specialty training programs
depending on the requirements for the respective work areas.
3. Managers/supervisors will conduct or coordinate the facilitation of other specialty
training programs which may be required of employees depending on the specific
work area, e.g., Hazard Communication, Hearing Conservation, Bloodbome
Pathogen, Respiratory Protection, Lockout/Tagout, Confined Space Entry,
Ladder Safety, Proper Lifting, Respiratory Protection, and Powered Industrial
Vehicle Operation.
I. Contractor Safety
The City's vendor selection process for the purchase of commercial goods and services
typically includes documentation that specifies minimum contractor qualifications,
contractor selection criteria, Insurance requirements and specific information about the
contract work to be perfomied., Contractors are required to meet the Federal, State,
Local and/or any other safety-related requirements stated in this documentation and
provide confirming information to the contract administrator, Purchasing Manager, or
Human-Resources upon request. Contractors are responsible for training employees in
all safety program requirements.
J. Record Keeping
Records will be maintained by the responsible department, for example
Finance/Purchasing will maintain vendor selection records, Public Works will maintain
3
facility maintenance records, Human Resources will maintain New Employee
Orientation and Area Specific Orientation training,records, and each department shall
maintain employee specific work area training records (e.g. Powered Industrial Vehicle
training documents for each employee within the department).
K. Authority
The authority to issue or,revise this Procedure is reserved to the City Manager. The
City Manager may authorize exceptions to this procedure when deemed appropriate.
��
10 3
'1V/121M_:yll a
Dai ' , City.Manager D 1 e
, ,
Appendix A
Common Safety Rules/Guidelines
The following safety rules or guidelines are generic in nature and apply to all City
employees. Department specific safety rules and/or guidelines are developed by
the departments as necessary.
Vehicle Safety
• All vehicles are inspected in accordance with Appendix B of this procedure.
• Employees will not operate a vehicle that has been determined to be unsafe until
repairs or corrective action has been made.
• Any employee operating a City vehicle will be in possession of a current, valid
Florida driver license issued for the type, class or weight of the vehicle being
operated. An employee must notify his/her Department Director of any suspension
or revocation of driver license.
• Any employee operating a City vehicle shall observe all applicable traffic laws,
including wearing a seatbelt. Employees shall drive with courtesy and respect for
other motorists.
• Any employee backing a large truck or other sight-restricted vehicle, in which the
vehicle is not equipped with functioning rearview cameras, shall enlist the
assistance of another employee in backing the vehicle. The assisting employee
will act as a spotter to aid the driver in safely backing the vehicle.
Lifting Safety
• Most City employees will be required to lift or move materials or equipment as part
of his/her assigned work.
• Material storage will be arranged to permit safety handling, heavier materials will be
stored at or near floor level. Other materials should not be stored above eye level to
reduce the need for a ladder or reaching above the employee's head.
• An employee should not attempt to lift an object or material that is close to the
employee's physical capability. Employees should solicit the help of another
employee or use a material handling device.
• Lifting technique is important in preventing an injury.
o Position feet close to the object being lifted
o Center body over the object
o Bend knees and grasp the object firmly
o Lift straight up and smoothly, and let legs (not back) do the work
o Do not twist or turn body once the lift has been made
o Object should be carried steady and close to the body
,
o Sudden twisting or turning could result in a back injury
Electrical Safety
• Employees working with or around electrical equipment must practice safe work
habits.
• Malfunctioning electrical appliances and power tools shall be tagged and removed
from use until repairs are made. If appliance/tool cannot be repaired, the unit may
be replaced.
• Extension cords are intended for temporary use, and shall not substitute permanent
wiring.
• Electrical outlets and circuits must not be overloaded. The use of cube taps or
multi-plug adapters is not permitted.
• Grounding plugs will be used as intended, and must not be altered by the removal
of the grounding prong. Grounding adapters will not be used in place of grounding
receptacles.
• Electrical cords that are defective, frayed or otherwise considered unsafe must be
replaced. Employees must not consider makeshift repairs with splices and electrical
tape as sufficient enough to allow the continued use of a damaged electrical cord.
• Ground Fault Circuit Interrupters will be used for all portable tools. Emergency
generators will be installed and grounded per manufacturer's guidelines.
• Most electrical work will be performed by a licensed industrial electrician or
appropriately trained employee. Employees involved in performing minor electrical
repair work will ensure that the circuit involved is de-energized and that the switch
or circuit breaker controlling the circuit is tagged or locked out while the repair is
conducted.
Fire Safety and Prevention
• The absolute best defense against any fire is prevention. Employees must be
aware of the many potential causes for fire in the workplace and must report any
possible problem areas to a supervisor for corrective action.
• Good housekeeping is important in any fire prevention effort. Allowing combustible
debris and clutter to accumulate will increase the opportunity for a fire to occur and
spread rapidly. Employees must keep his/her workplace free of debris and other
unnecessary combustible storage.
• The storage of flammable and combustible liquids shall be in a manner approved
by the Fire Department. Approved safety cans, flammable liquid cabinets and
specially designed storage rooms are generally acceptable for the storage of
flammable and combustible liquids. Supervisors will ensure that the storage and
handling of flammable and combustible liquids within his/her work area complies
with fire regulations:
• Smoking by employees or the general public is prohibited in many locations by fire
and/or health regulations. Employees shall not smoke in any City buildings,
vehicles, or in any areas where "No Smoking" signs are posted. Supervisors will
monitor employees for compliance in "No Smoking" areas.
• Fire extinguishers will be provided where needed in City buildings and vehicles.
Employees will become familiar with the locations of fire extinguishers in the work
area.Training will be provided in the proper use of fire extinguishers by the
supervisor or the Fire Department.
• In case of fire, the employee must immediately dial 911 and report the fire to the
Fire Department. After reporting the fire, the employee must ensure that all affected
persons are evacuated to a safe area. Doors should be closed where available to
isolate the fire_area from the remainder of the structure.
• If caught in smoke, individuals should crawl and stay low. Cleaner, cooler air will be
nearer to the floor, and heat, smoke and noxious gases will rise toward the ceiling.
• Employees should always keep an unobstructed exit path when attempting to
extinguish a fire. It is important to remember that fire extinguishers are only
intended to be used on small fires in their beginning stages. In the event of a large
fire, or if a small fire is not able to be extinguished, the area should be evacuated
and allow the fire department to handle the situation.
First Aid
First aid kits are available in City buildings and vehicles. Employees should familiarize
themselves with the location and content of first aid kits in the work area.
Well stocked First-Aid kit(s)for employee use will be maintained.
• The_basic inventory of each first aid kit is reviewed and renewed as needed at
periodic SAT meetings. Records of reviews and replenishments shall be
maintained by the respective departments.
• These kits will be located so as to allow easy and quick access. First-aid kits and
required contents are to be maintained in a serviceable condition.
• All items which must be kept sterile must be individually wrapped and sealed.
Items such as scissors, tweezers, tubes of ointments with caps, or rolls of
adhesive tape, need not be individually wrapped, sealed, or disposed of after a
single use or application.
Employees are not required to perform first aid as part of their job duties. Any
employee can voluntarily assist another employee with open wounds, after taking
personal protective
1
, ,
Aids/HIV and Hepatitis B are the primary infectious diseases of concern in blood.
All blood should be assumed to be infectious. These diseases can both be
deadly. In the event of a bleeding injury where first aid is needed, use gloves if
possible to prevent exposure to blood or other potentially infectious materials.
The injured person can often help by applying pressure to the wound. Gloves are
available in the first aid kits. Employees exposed to blood while giving first aid
should wash immediately with soap and water and report the incident to a
supervisor.
Immediate professional emergency medical assistance shall be summoned by dialing
911 for any employee or citizen suspected to be seriously injured or ill.
Appendix B
Safety Inspections
Workplace Inspections
• Supervisors will monitor workplace safety conditions daily, and ensure that work
areas are maintained free of clutter, improper storage and other trip/fall hazards.
Flammable and combustible liquids are to be stored in safety containers, in
flammable liquid cabinets or as otherwise approved by the Fire Department.
Supervisors will monitor employee use of all provided safety equipment to ensure
that employees are wearing or using safety equipment as directed.
• A supervisor, or designated employee, from each department will conduct a formal
monthly safety,inspection of all work areas within his/her department. Each
inspection will be documented on a form provided by the department. Upon
completion, the safety inspection form will be forwarded to the Manager and
Department Director for review.Areas needing corrective action taken will be
addressed. Safety inspection forms from all City departments will be forwarded to
the safety committee for review. The safety committee will ensure that corrective
actions have been taken and may make additional recommendations as
necessary.
Vehicle Inspections
• Each department will establish and maintain regular vehicle safety inspections.
The frequency and type of vehicle inspection vary, however a basic safety
inspection should be conducted daily.
• Inspection forms will be completed for each vehicle. Minor problems will be
corrected during the-inspection if feasible. Problems beyond the inspecting
employee's ability to correct should be referred to Public Works/Fleet Maintenance.
• Areas to be inspected include tires, lighting systems, brakes, windshield wipers,
glass/mirrors, seat belts,fire extinguisher(s), backup alarm, and warning
devices.
• Employees shall not operate a City vehicle when an inspection deems the
vehicle to be unsafe for operation. A supervisor will be notified and the unsafe
vehicle will be placed out of service until corrective action can be taken.
Equipment Inspections
• Departments which utilize fixed/portable power equipment will establish an
inspection program for such equipment. The inspection program and frequency
of inspections will be based upon manufacturer's recommendations and
recognized good work practices.
}
• Inspection forms will be developed and utilized by each department for
conducting equipment safety inspections.
• Employees shall not operate equipment when an inspection deems the
equipment to be unsafe for operation. A supervisor will be notified and the unsafe
equipment will be tagged and'placed out of service pending equipment repair.
•
1 r
Appendix C
Training
Virtually every task performed by an employee requires some level of training.
Supervisors shall adequately emphasize safety when instructing an employee on
the performance of a certain task.
Job Orientation
• Each department must provide new employees with comprehensive job
orientation training that addresses job safety hazards and provides new
employees with adequate training to work safely around such hazards.
• Supervisors will explain/demonstrate how ajob is to be conducted step-by-step.
The supervisor will have the employee demonstrate his/her ability to correctly
and safely perform the job while the supervisor evaluates the employee. The
supervisor will make corrections as needed.*
Department/Area Specific Safety Training
• Area Specific Safety Orientation must be given to employees entering a work
area during the first week of hire or new assignment. The supervisor may
designate a qualified instructor from the area to provide this training. The Area
Specific Safety Orientation form shall be completed and forwarded to Human
Resources. The form will be filed in the employee's personnel file
• Each department/area may require additional specific safety training,
and employees will comply with the requirements of the department as if
it were part of this procedure.*
Additional Training
• Supervisors will ensure that all employees receive adequate training whenever
new processes or equipment are introduced into the workplace.
• Additional comprehensive training may be required when an employee is
promoted or reclassified to a different position or when a job description is
revised to include additional responsibilities or hazards.*
• Safety training must be ongoing, and supervisors must monitor employees for
compliance after training or retraining.
*Documentation of employee training will be completed and kept on file at the department.
-I •
Appendix D
Area/Function Specific Programs
Hazard Communication Standard
• An employee whose job requires that he/she work with regulated materials or
work where such materials are handled or stored in accordance if the
requirements of OSHA (Occupational Safety and Health Administration) Hazard
Communication Standard. Most City employees fall under the requirements of
the Standard to some degree.
• An employee must receive the initial training after beginning work and must
receive refresher training on an annual basis.*
Bloodborne Pathogens
• The Bloodborne Pathogens Standard applies to any employee who could
reasonably be expected to be exposed to blood or body fluids in the course of
his/her normal work. This typically applies to emergency service workers such
as firefighters and police officers. Wastewater collection and treatment system
workers (and lifeguards, when applicable) have been identified as being at a
low to moderate risk.
• Employees covered by the Bloodbome Pathogens Standard must receive initial
training upon beginning work and must receive refresher training on an annual
basis.*
• The City offers a Hepatitis B (HBV) vaccination series at no charge to any
employee identified as being at risk under this Standard.
Permit Required Confined Space Entry
• A confined space is "a space that is large enough for an employee to enter, has
restricted means of entry or exit and is not designed for continuous employee
occupancy." This generally applies to utilities and drainage system workers.
• Initial Confined Space Entry training is-required for all affected employees.
Refresher training is required on an annual basis.*
*Documentation of employee training will be completed and kept on file at the department
• ` ' ..
Appendix E
Personal Protective Equipment(PPE)
The type and use of PPE will vary by department, and each department will
develop guidelines concerning employee use of PPE.
Eve Protection
• Eye protection is provided for all employees performing a task or working in
an area where the possibility of an eye injury exists. The employee must wear
the provided eye protection.
• Supervisors will instruct employees as to when eye and face protection is
necessary. Employees will also receive instructions concerning selecting the
proper protective eyewear, wearing it properly, limits of protection and
proper care and maintenance of protective eyewear.*
• Protective eyewear included safety glasses, goggles and face shields. Some
tasks will require that the employee wears safety glasses/goggles in
conjunction with a full-face safety shield. Supervisors will ensure that
employees have selected the proper type of eye protection for the task being
performed.
• Prescription safety eyewear will be provided to employees who must wear
eye protection but have the need for corrective lenses. Department Directors
have the necessary information to obtain the proper prescription safety
eyewear for an employee. All Safety Eyewear needs to meet ANSI
(American National Standards Institute) Standards.
Hearing Protection
• Directors/managers will evaluate work areas and equipment use to determine
noise exposure levels and the need for employee hearing protection. Hearing
protection is required for employees exposed to a noise level in excess of 85
decibels (dB) averaged over an eight-hour period. Higher noise levels over a
shorter time period would require employee hearing protection as well.
• The type of hearing protection provided is usually in the form of earplugs or
earmuffs. Supervisors will assist employees in choosing the proper type of
hearing protection. Supervisors will instruct employees concerning the use and
limitations of the hearing protection provided.*
• Employees will utilize hearing protection at all times when exposed to noise
levels in excess of the permissible guidelines.
1 ` ` 0
Respiratory Protection
• Employees who are exposed to respiratory hazards will be provided with
proper respiratory protection equipment. Protective equipment may consist of
filtration masks, hazard-specific canister masks, supplied air masks, or self-
contained breathing apparatus (SCBA).
• Employees wearing respiratory protection other than simple filter masks must
be fit tested on an annual basis. Employees who wear self-contained breathing
apparatus must undergo and pass an annual medical examination including a
pulmonary function test.
• Supervisors will instruct employees in the selection, use and maintenance
of respiratory protection equipment. Supervisors will ensure that
employees understand the hazards of the various environments requiring
the use of respiratory protection equipment and the limitations of the
equipment itself.*
• Employees will utilize protective equipment at all times when exposed to
respiratory hazards.
Foot Protection
• Employees who are exposed to falling/rolling objects or puncture hazards
are required to wear safety footwear or equivalent protection.
• All safety shoes worn by employees shall be classed according to ANSI
Z.41.1991-1999 Standard as prescribed by OSHA (Regulation 29, CFR Part
1910-136), or shall be determined by the City to be equally effective.
• Each Department Director shall be responsible for the identification of
positions which require safety footwear.
• Purchase of Footwear shall comply with the City's Safety Footwear
Purchase Program.
*Documentation of employee training will be completed and kept on file at the department.
CONSENT TO ASSIGNMENT OF PROFESSIONAL SERVICES CONTRACT
This Assignment agreement is entered into this Z(tgay of c_ ✓1.v ,
2018, by and between the City of Clermont a Florida municipal corporation and Amec
Foster Wheeler Environment& Infrastructure, Inc.,a Florida Corporation,whose address
is 1105 Lakewood Parkway, Suite 300,Alpharetta, GA.
WHEREAS, on December 9, 2014 the City of Clermont(the"City") entered into a
written contract for on-call professional engineering services (No. 2014-103) with Amec
Foster Wheeler Environment& Infrastructure, Inc. (the"Contract"); and
WHEREAS, the City desires to maintain its professional relationship with Ann
Massey the President&CEO of Amec Foster Wheeler Environment& Infrastructure, Inc.
which has now merged into Wood Environment & Infrastructure Solutions, Inc., and
wishes to consent to the assignment of the Contract;
NOW THEREFORE,in consideration of the foregoing Recitals,and for other good
and valuable consideration,the parties hereto agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. The City hereby approves of and expressly consents to the assignment of
the Contract to Wood Environment & Infrastructure Solutions, Inc. and
agrees to be bound to Amec Foster Wheeler Environment& Infrastructure,
Inc. pursuant to the terms and conditions of the Contract.
3. Wood Environment & Infrastructure Solutions, Inc. does hereby
acknowledge and agree that it shall comply with all terms and conditions
set forth in the Contract and that said terms and conditions are incorporated
herein as if restated in their entirety.
/r
IN WITNESS WHEREOF,the undersigned has hereunto set its hand and seal,this
day of( �H'\C. , 2018.
THE CITY OF CLERMONT
I
Att\st:/ i �•y / I /
By: ��L // , ./
Tracy Ackroyd, City Clerk Gail L. Ash, Mayor
WOOD ENVIRONMENT& INFRASTRUCTURE
SOLUTIONS, INC.
Attest:
By: BY e3/2.-----4/
SecretaryAu orize Signer
Corporate
Michael D. Phelps, Office Manager
U