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2000-16 , ' - ..- . ~ ". . CONSUL TING ENGINEERING CONTRACT This contract is made and entered into this ~ day of d LJ fI¡,(J -" , 2000, by the CITY OF CLERMONT (CITY) and SPRINGSTEAD ENGINEERING, INC. (Engineer). WHEREAS, the City has need of Professional Engineering services, and WHEREAS, the City has complied with Florida Statute 287.055, Consultants' Competitive Negotiation Act and has advertised, interviewed, and selected from finns submitting proposals, and WHEREAS, the parties have completed many years of a satisfactory relationship and desires a two (2) year continuing contract, and WHEREAS, the parties desire to enter into a written agreement outlining the duties and responsibilities of and compensation to the Engineer, NOW, THEREFORE, the parties agree as follows: 1. The relationship of the Engineer to the City will be that of a professional consultant, and the Engineer will provide professional and other technical services required under this agreement in accordance with acceptable engineering practices, ethical standards, and will endeavor to provide to the City prompt and efficient engineering services to the best of its ability. 2. The Engineer is hereby employed to provide civil engmeenng, surveying, consulting, and related services, to work with the City of Clennont, to provide services on an "as needed" basis in accordance with the scope of engineering services as attached hereto, marked attachment "A" and incorporated into this agreement by reference. 3. The tenn of this agreement shall be from the date of execution extending for a two (2) year period, and may be renewed or revised, including the renegotiating of fees at any time, upon agreement by both parties. During the tenn of this agreement, the engineering fees are as set forth on the attachment "B" and incorporated into this agreement by reference. 4. With regard to the compensation paid to the Engineer, the Engineer shall furnish to the City on a monthly basis an itemized statement of the hours for each work discipline utilized during the preceding month broken down on a project basis as listed in the scope of services shown on attachment "A". The fee schedule for each work discipline shall be as shown on attachment "B", The Engineer shall compute the total amount 1 . . due for the preceding month and said amount shall be paid to the Engineer within 10 days from receipt of the bill. Said statement shall be subject to audit by the City's representative prior to submission to the Clerk and Auditor to the City for final payment. 5. General considerations (a). Ownership of Documents: It is understood and agreed that all documents, including detailed reports, plans, original tracings, specifications, and all other data, prepared or obtained by the consultant in connection with its services hereunder shall be delivered to, and shall become the property of the City prior to the final payment to the Consultant. The Consultant shall not be liable for any use by the City of said documents or data if modified in any manner without written approval of the Consultant. The City shall not use the Consultant's drawings on any project other than the project described in the Scope of Work and Instructions to Respondents unless the City notifies the Consultant of its intended use, provides insurance protection for the Consultant for all claims which might arise out of the City's use of the documents, and obtains written consent of the use by the Consultant. (b). The Engineer shall at all times comply with the Florida Public Records Law, the Florida Open Meeting Law, and all other applicable laws, rules and regulations of th~ State of Florida. (c). Engineer shall at all times carry, on all operations hereunder, worker's compensation insurance, automobile public liability and property damage insurance, and professional liability insurance in amounts satisfactory to the City. (d) Upon the Engineer's written request, the City will furnish or cause to be furnished aerial photographs, reports, studies by others, instrument, documents if available, and other information as the Engineer and City mutually deem necessary if available, and the Engineer may rely upon same in performing the services required under this agreement. (e). The City and the Engineer each bind itself and its successors, legal representatives and assigns to' the other party to this agreement and to the successors, legal representatives, and assigns of such other party, in respect to all covenants of this agreement; and, neither the City nor the Engineer shall assign or transfer their interest in this agreement without the prior written consent of the other party. 6. In addition to the hourly compensation set forth above, the Engineer shall be compensated for travel according to the attached fee schedule. 7. The Engineer, its agents, servants or employees shall in no manner whatsoever be construed as the employees, agents, servants or representatives of the City, and shall have 2 . . not expressed or implied power or authority to act in any manner whatsoever for or on behalf of the City except as provided in the scope of services called for herein,. The Engineer is hereby designated as an independent contractor to the City and none of the employees, agents, or servants of the Engineer shall have any of the fringe benefits applicable to employees of the City. 8. The Engineer shall hold the City of Clermont, and it's employees and officers .from and against any and all liability for any property damage or injury to person or property that may result from the negligence or professional malpractice of Engineer in performing its duties hereunder. 9. In the event of default by either party hereto, each party shall be liable for all costs and expenses, including a reasonable attorney's fee, incurred enforcing its rights hereunder, whether litigation be instituted or not, at the trial court and appellate court level. 10. This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terrriinated, Engineer shall be paid for all work performed up to the date of termination. IN WITNESS WHEREOF, the parties have signed this agreement the day and year first above written at Clermont, Lake County, Florida ATTEST: CITY OF CLERMONT By: l~~ David W. Springstead, Vice-President 3 . . EXHIBIT "A" TASK AUTHORIZATION FORM In accordance with the Continuing Services Agreement between the City of Clermont, Florida, hereinafter referred to as "City", located at 1 Westgate Plaza, Clermont, Florida 34712-0219, and Springstead Engineering, Inc., hereinafter referred to as "Consultant", located at 727 South 14th Street, Leesburg, Florida 34748, the City hereby authorizes Consultant to proceed with the services as set forth in the attached proposal, and the following: Project Number: Engineering Firm: Sprine;stead Rne;ineerine;, Tnc Scope of Work: (reference separate document) Rneineerine Services to modify T .ift Station #9 Not to Exceed Cost: $1 R,990 00 Probable Opinion of Construction Cost: Consultant's Project Manager: N/A Michael W Sprinestead, P R City's Designated Project Leader: ~rQ / Date Accepted By: Reviewed bY~ . Wa e Saunders Accepted by: CITY ~Ä~~ . Date Date 4 . . SPRINGSTEAD ENGINEERING, INC. 2000 HOURLY FEE SCHEDULE FOR PROFESSIONAL SERVICES ADMINISTRA TION Principal Secretary Clerical ENGINEERING Professional Engineer, P.E. Engineer Proj ect Engineer Engineering Technician Engineering Inspector PLANNING Planner Assistant Planner ENVIRONMENTAL Environmental Specialist Assistant Specialist SURVEYING Professional Surveyor, RL.S. Surveyor Supervisor Surveying Technician Two-Man Survey Crew (4 Hours Minimum) Three-Man Survey Crew (4 Hours Minimum) Four-Man Survey Crew (4 Hours Minimum) Total Station (2 Hours Minimum) Concrete P .RM. in place (Each) Iron Pins in place (Each) TECHNICAL SUPPORT Design Draftsman Draftsman CO MPUTER Plotter (Bond) (Vellum) (Mylar) MISCELLANEOUS Mileage (per mile) FSl12 Photo Copies (Each) Blueprints Bond (per square foot) Sepia(per square foot) Mylar(per square foot) C.D. (Digital Computer Compact Disc) (Each) Telephone (long distance) Fax Testing (Engineering Materials) Testing (Water & Wastewater) Printing (By others) Aerial Photography Consultant Pennit Fees January, 2000 FEESCHEDULE $85.00 35.00 22.50 $80.00 75.00 70.00 60.00 52.50 $75.00 62.50 $75.00 62.50 $75.00 62.50 50.00 80.00 90.00 100.00 30.00 12.75 6.75 $60.00 55.00 $ 1. 75/sq.ft $2.25/sq.ft $5.00/sq.ft $0.33 $0.20 $0.27 $0.60 $1.25 $10.00 Cost 0.25/page Cost Cost Cost Cost Cost Cost 5 .... . - ---. ....... ~~- """'-,.c..c.... ""'.01 . . . ,. . . , SpringsÅ“ad Enginøring, inc. MHMORhNllUM DATE: JUDe 2. 2000 TO: Tamara Rfc:hardsoD, ',11:.. City Engineer City of l.1ermont It'ROM: Michael W. Springstead. r.E. Sprinptead Englneerlag, lac. RE: F.n tineering Fee Estimates for Lift Station "9 Scope or Services lilOtcd below an: engineering and surveying I~ estim:1tes tor Lift Stnion 119 ¡¡Cope of services :is rc:q\lcsted. Ui'ï STATION #9 En1,.rinccring Fee Envi11JJ1J11COtal Pem1Ìtting (PDEP) Surveying (01118 Acquisition &. Construction Stnking) ^¡;..buills & Final Ccrlific¡¡tions $12.620.00 $ 1,280.00 S 4,590.00 $ 500.00 $]8,990.00 The above engineering fee estimate is hased un basic services through bidding and completion. Fee estimates tur additional services (permitting. :o"Urvcying. etc.) an: lib" included. Other additional sem<.'Cs will be billed as per the anached fee schedule. I trost this infontUltion mee~ your needs at this time. Should you have any questions.. pl~ contact OUf office. MWSljal