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Contract 2021-009ADocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F #2021-009-A PROFESSIONAL ENGINEER SERVICES AGREEMENT NO. 2021-009 FOR SUNBURST LANE WATER TREATMENT PLANT IMPROVEMENTS THIS AGREEMENT is made and entered into as of this 9th day of March 2021, 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 BESH-Halff, Inc., whose address is: 902 North Sinclair Avenue, Tavares, FL 32778, (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY is in need of qualified and licensed ENGINEER services related to the Sunburst Lane Water Treatment Plant Improvements; WHEREAS, the CITY, in accordance with Section 287.055, Florida Statutes, solicited proposals for professional services as more fully described and set forth in RFQ 20-036 titled Professional Engineering Services for Sunburst Lane WTP Improvements; 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 teens 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: ARTICLE 1— TERM 1.1 This Agreement is to become effective upon execution by both parties, and shall remain in effect for twelve (12) months, and then contract will remain in effect until completion of the expressed and/or implied services, unless terminated as provided herein. 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. ARTICLE 2 — 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. 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 -cost' or "lump -sum" cost to accomplish the task, and send the thus developed DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F "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 Professional Engineering Services for Sunburst Lane WTP Improvements, RFQ 20-036, 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 an invoice for services rendered during the preceding month. For a "not -to -exceed" compensation project, each invoice 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. For a "lump -sum" compensation project, each invoice shall include the percent complete for each task, the budget for each task, and the remaining budget for each task. ARTICLE 3 — 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 V 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 authorizations/work orders and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. ARTICLE 4 — 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. DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 4.2 No extension for completion of services shall be granted to ENGINEER without CITY' S prior written consent, except as provided in Article III and Article XX herein, and such consent will not be unreasonable withheld. ARTICLE 5 — METHOD OF PAYMENT FOR SERVICE AND EXPENSES 5.1 DEFINITIONS: (a) 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 bill rates set forth in the Fee Schedule are firm for the initial term of the contract (1 year). Any adjustments to the Fee Schedule must be mutually agreed to by the CITY and ENGINEER. (b) The "ENGINEER's Reimbursable Expenses Schedule" as set forth in Exhibit "A", 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. (c) 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. (d) 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 as described in each work order. ENGINEER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to CITY all material furnished to ENGINEER by the CITY, 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. (a) Not to exceed cost based upon the "ENGINEER's Professional Services Fee Schedule." DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F2OA28F (b) Lump sum cost based upon the "ENGINEER's Professional Services Fee Schedule." 5.3 SERVICES -ADDITIONAL — CITY shall pay ENGINEER as follows: (a) 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. (b) 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 Article 5. L(a) and 5.3.(a). 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 for not -to -exceed based task authorizations and will be based upon ENGINEER'S percent complete for lump sum based task authorizations. Additionally, actual expenses incurred within the billing period will be included. (a) As a condition precedent to receiving payment, ENGINEER shall have been authorized 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 authorized 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. (b) For not -to -exceed based task authorizations, 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." (c) 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 rights 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. 4 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 5.5 Other Provisions Concerning Payments: (a) In the event of termination by CITY under Article XIX during 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. (b) Records of ENGINEER's staff timesheets 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. (c) A separate invoice must be submitted for each individual task authorization. For not -to -exceed task authorizations, invoices must show a breakdown of the number of hours worked by each person charging time to the task authorization, hourly salary cost and any reimbursable expenses. ARTICLE 6 — 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. ARTICLE 7 — 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 V. ARTICLE 8 — 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 "B", 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. 5 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F ARTICLE 9 — REASONABLE ACCCESS 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. ARTICLE 10 — 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. 10.1 Worker's Compensation — as required by applicable state statute. 10.2 Commercial General Liabili — $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. 10.3 Automobile Liabili — $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. 10.4 Professional Liability E&O — $1,000,000 each claim and in the aggregate. 10.5 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. 10.6 Indemnification — ENGINEER shall indemnify and hold harmless the CITY and its employees from any liability, settlements, loss of costs of any kind, (including reasonable attorney's fees, to the extent cause by the negligence, recklessness, or intentionally wrongful conduct of ENGINEER and other persons employed or utilized by ENGINEER in the performance of this Agreement) to the extent caused by the negligent act, error or omission of ENGINEER in the performance of services under this Agreement. 10.7 CITY shall indemnify and hold harmless the ENGINEER and its employees from any liability, settlements, loss of cost of any kind, whether actual or threatened (including reasonable attorney's fees and cost of defense) to the extent cause by the negligent act, error or omission of CITY in the performance of services under this Agreement. N. DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F ARTICLE 11— 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. ARTICLE 12 — REPRESENTATIONS 12.1 ENGINEER represents that the services provided hereunder shall conform to all requirements of this Agreement, RFQ 20-036 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 for the same or similar work at the same time and locality and under the same or similar conditions faced by ENGINEER. 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 professional knowledge and judgment. 12.3 Subject to the provisions of this Section, should ENGINEER breach the representations 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, and the ENGINEER'S services are non -complying to the standard of care or otherwise improperly performed and CITY notifies ENGINEER in writing within twelve (12) months that an 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 or otherwise improperly performed services at no additional cost to CITY; b) refund the amount paid by CITY attributable to such non -complying 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 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. ARTICLE 13 — REPRESENTATIONS REGARDING INFRINGEMENT ENGINEER represents and covenants 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 7 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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. ARTICLE 14 — DOCUMENTS 14.1 Upon CITY'S or its designated Project Manager's request, at any time during 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 (except those deemed proprietary or under separate copyright) 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 written authorization by the ENGINEER. ENGINEER will retain all common law, statutory, and other reserved rights, including the copyright thereto. ARTICLE 15 — 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 E:3 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F Management. ARTICLE 16 — INDEPENDENT ENGINEER At all times during the term of this Agreement, ENGINEER shall be considered an independent ENGINEER. ARTICLE 17 — CONFLICT 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. ARTICLE 18 — 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 written notice of the default to ENGINEER with at least ten (10) business 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. ARTICLE 19 — 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. ARTICLE 20 — 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; pandemic; strikes; extraordinary breakdown of or damage to CITY'S affiliates' 6 DocuSign Envelope ID: 2868B9BE-6BF6-4E6C-BB15-B5A29F20A28F 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. ARTICLE 21— 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 Florida. ARTICLE 22 — HEADINGS Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. ARTICLE 23 — 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. ARTICLE 24 — 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. ARTICLE 25 — THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and ENGINEER. 10 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F ARTICLE 26 — 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. ARTICLE 27 — 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 respect to the services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. ARTICLE 28 — 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. ARTICLE 29 — NOTICE Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: ENGINEER: BESH-Halff, Inc. 902 North Sinclair Avenue Tavares, FL 32778 Attn: Robert A. Ern, Jr., P.E. CITY: City of Clermont Attn: Susan Dauderis, Interim City Manager 685 W. Montrose Street Clermont, FL 34711 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. 11 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F ARTICLE 30 — MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Notwithstanding anything to the contrary, on behalf of themselves, their governing offices and employees. The parties waive all claims against each other for consequential losses or damages, and punitive damages. Whether arising in contract, warranty, tort (including negligence), strict liability or otherwise. Including but not limited to losses of use, excess construction costs, alternative construction means or methods, or losses of funding. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 9th day of March 2021. CITY OF CLERMONT CDocuSigned by: - 2BA7692F758C492... Tim Murry, Mayor ATTEST: DocuSigned by: T A Howl 3AD7F34905B344A... Tracy Ackroyd Howe, City Clerk 12 DS P-9 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F2OA28F BESH-Halff, Inc. DocuSiig+ned by: Y•. I �Of� 195C18C388BB4B6... (Signature) Print Name: Rob Ern Title: Vice -President Date: 3/10/2021 13 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F EXHIBIT "A" NEE BESH ■■■ HALFF February 15, 2021 Freddy L. Suarez, MPA, CPPB City of Clermont Procurement Services Director 685 W. Montrose St. Clermont, Florida 34711 FSuarez@clermonifl.org RE: City of Clermont - Sunburst Lane Water Treatment Plant Improvements Scope of Services — BESH Halff, Inc. Dear Mr. Suarez: Following our conference call to discuss our scope and pricing on Tuesday, February 9, 2021, we have modified our scope and reduced our fee proposal to $369,570. We were able to reduce our fee by utilizing Powell Studio Architecture to perform the architectural services, in addition to the reduction of the number of hoursof project involvement for our principal engineer and senior professional engineer. Our reduction in fees shall in no way diminish our level of service on this project. Should you have any questions with regards to this revised Scope of Services, please do not hesitate to contact me at (352) 343-8481. Sincerely, BESH Halff, Inc. Robert A. Ern, Jr., P.E. Director of Water and Wastewater, VP i@Halff.com RAE/II BESH HALFF 902 North Sinclair Avenue TEL (352) 3434481 WWW.BESHHALFF.COM Tavares, FL 32778 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 11r, ocJn ■■■ HALFF February 15, 2021 Freddy L. Suarez, MPA, CPPB City of Clermont Procurement Services Director 685 W. Montrose St. Clermont, Florida 34711 FSuarez@clermontFl.org RE: City of Clermont - Sunburst Lane Water Treatment Plant Improvements Scope of Services — BESH Halff, Inc. Introduction: BESH Halff is pleased to present this draft scope of services to the City of Clermont for services related to the Sunburst Water Treatment Plant Improvements project. The project is anticipated to include the construction of two new well houses and the installation of new well pumps for the previously drilled lower Floridan wells, construction of a new 2.0 MG ground storage tank, pH adjustment system including carbon dioxide and sodium hydroxide storage and feed facilities, yard piping modifications, electrical and instrumentation work associated with the proposed improvements. BESH Halff's services will consist of the following general tasks: topographic survey, geotechnical investigation, environmental assessment, preliminary design, final design, permitting, bidding assistance, and construction administration services. Specific tasks are outlined below: TASK 001 Project Administration BESH Halff will provide project management and administrative services necessary to coordinate all aspects of the project through the planning, design and permitting phase. FEE: $22,800.00 TASK 002 Partial Boundary and Topographic Survey BESH Halff will retrace the East and North project boundary of Lake County Alternate Key 3592921 according to the property description contained in Warranty Deed Official Records Book 1330, page 18, Public Records of Lake County, Florida. This will include verification of the east boundary adjoining the west subdivision boundary of Magnolia Park — Phase 1 and the north boundary adjoining the south right of way of Sunburst Lane. Two site control points/benchmarks will be established and shown on the final survey in Florida State Plane coordinates and with elevations shown according to the NAVD 1988 datum. BESH Halff will also perform a topographic survey of the approximately 7.5-acre area encompassing the Water Treatment Plant site. Spot elevations will be taken at intervals necessary to determine 1-foot contour intervals, and all surface improvements will be located including existing paved driveways, buildings, concrete aprons, landscaping, storm water pipes, inlets and ditches. An outline or drip edge of the planted pine rows will be located and depicted on the survey. The individual pine trees will not be located. FEE: $8,600.00 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F TASK 003 Environmental Assessment BESH Halff will conduct pedestrian transect surveys for listed species on the project site. All habitats within the project boundary will be surveyed in general accordance with the Florida Wildlife Conservation Guide (2011) as developed by the USFWS, FWC, and FNAI. These surveys will document the occurrence and relative abundance of species considered Endangered, Threatened, or of Special Concern by the USFWS under 50 CFR 11-12, or the FWC under Chapter 68A-27 F.A.C. Surveys will be conducted to locate listed wildlife species known to occur in Lake County, Florida. Nests, burrows, and evidence that would suggest the presence of listed wildlife species (i.e., tracks, scat, cavities, or nests) occurring on or near the project site will be documented and their location will be recorded. Additional, BESH Halff will conduct a species -specific survey for the gopher tortoise. The survey will include a 100% survey of suitable habitats to locate gopher tortoise burrows and estimate the overall gopher tortoise density for the project site. The gopher tortoise survey will be conducted in accordance with the FWC Gopher Tortoise Permitting Guidelines (Revised 2020) and conducted by an FWC Authorized Gopher Tortoise Agent. Any observed burrows will be categorized as active, inactive, or abandoned and the location of each burrow recorded using a hand help GPS A report detailing the findings of the listed species surveys conducted on the project site will be provided to the City. If listed species are encountered, their approximate locations will be depicted on an aerial photograph of the project site. The report will clearly state that there are no regulatory constraints to development of the project due to listed species, or clearly state any such constraints with detailed recommendations on how to resolve the constraints prior to initiating development activities. FEE: $3,000.00 TASK 004 Geotechnical Investigation BESH Halff will contract with Andreyev Engineering, Inc. to provide a geotechnical investigation of the project site in support of the proposed improvements. Borings taken in support of the geotechnical investigation will include: ■ Four Standard Penetration Test (SPT) borings to depths of 75 to 100 feet below ground surface at the site of the proposed ground storage tank. ■ Six Standard Penetration Test (SPT) borings to a depth of 30 feet below ground surface at the locations of the remaining structures proposed as part of the improvements. ■ Two machine auger borings to a depth of 20 feet below ground surface at the location of the stormwater retention area. ■ Two permeability tube samples for the auger boring locations for laboratory falling head permeability tests. A geotechnical report including the results of the soil investigation in profile form, evaluation of shallow and deep encountered conditions, estimation of seasonal high groundwater elevation, and geotechnical recommendations for site preparation, foundation support of the proposed structures, and recommendations for the aquifer parameters for the stormwater retention area will be provided. FEE: $15,000.00 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F TASK 005 Preliminary Design BESH Halff will review existing operating and demand data, develop a basis of design for well capacity and an operation and control strategy for the WTP. A technical memorandum will be prepared summarizing the basis of design, including hydraulic and process calculations, proposed site plan, well house floor plan, noise abatement alternatives, stormwater calculations, electrical single line diagrams, and an opinion of probable construction cost. BESH Halff will attend a review meeting with the City to discuss comments on the draft Technical Memorandum and will incorporate comments received into a final version for use in permitting the improvements. FEE: $28,500.00 TASK 006 Final Design — Civil and Mechanical BESH Halff will prepare final design drawings and specifications for the proposed improvements. Drawings and specifications, along with an updated opinion of probable construction cost, will be submitted to the City at the 60%, 90%, and 100% completion milestones. Review meetings will be held with the City at the 60% and 90% completion milestones, and comments received will be incorporated into the documents. FEE: $83,300.00 TASK 007 Final Design —Architectural BESH Halff will prepare final design drawings and specifications for the well house buildings. The construction documents will include floor plans, roof plans, elevations, wall sections, and mechanical plans. Drawings and specifications will be submitted to the City at the 60%, 90%, and 100% completion milestones. FEE: $5,280.00 TASK 008 Final Design — Structural BESH Halff will subcontract will Southeast Structural Engineers to prepare final design drawings and specifications for the sodium hydroxide containment area, and slabs on grade as required for the remaining proposed improvements. Drawings and specifications will be submitted to the City at the 60%, 90%, and 100% completion milestones. FEE: $17,400.00 TASK 009 Final Design — Electrical and Instrumentation BESH Halff will subcontract will Bailey Engineering Consultants, Inc. to prepare final design drawings and specifications for the electrical and instrumentation components of the proposed improvements. Drawings and specifications will be submitted to the City at the 60%, 90%, and 100% completion milestones. FEE: $41,700.00 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F TASK 010 Permitting BESH Halff will prepare permit applications, and the required accompanying documentation to make submittals for the following: ■ FDEP Public Drinking Water Facility Construction Permit ■ SJRWMD ERP Determination Letter BESH Halff will also provide assistance with obtaining City of Clermont Building Permits. Payment of permit fees will be the responsibility of the Owner. FEE: $21,750.00 TASK 011 Bidding Assistance BESH Halff will prepare final bid documents for the City to issue, attend a pre -bid meeting and site visit, respond to questions posed by bidders, coordinate with the City Purchasing Department to prepare addenda, and prepare conformed construction documents. FEE: $19,880.00 TASK 012 Construction Administration Services — Civil and Mechanical BESH Halff will advise and consult with the City and act as the City's representative during construction. In addition to making regular site visits, BESH Halff will attend the preconstruction meeting, monthly progress meetings, coordination and start-up meetings as required during construction. BESH Halff will review shop drawings, pay applications, requests for information, change order requests, and provide assistance with start-up and testing. Site visits will be conducted at the substantial and final completion milestones to develop a punch list and verify that it has been completed. Based upon the on -site observations and as-builts provided by the Contractor, BESH Halff will prepare and submit certifications of completion to FDEP and the City of Clermont Planning Department as required. FEE: $63,700.00 TASK 013 Construction Administration Services —Architectural BESH Halff will review shop drawings and requests for information associated with the architectural portion of the improvements. FEE: $3,360.00 TASK 014 Construction Administration Services — Structural BESH Halff will subcontract with Southeast Structural Engineers to review shop drawings and requests for information associated with the structural portion of the improvements, and to make site visits during construction to inspect the progress of construction. FEE: $5,800.00 DocuSign Envelope ID_ 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F TASK 015 Construction Administration Services — Electrical and Instrumentation BESH Halff will subcontract with Bailey Engineering Consultants, Inc. to review shop drawings and requests for information associated with the electrical and instrumentation portion of the improvements, and to make site visits during construction to inspect the progress of construction. FEE: $26,500.00 TASK 999 Reimbursables Costs for reimbursables, including printing, copying, blueprints, binding, mileage, etc., shall be billed at the rates shown in the attached Rate Schedule, or at cost. FEE: $3,000.00 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F SUMMARY FEE SCHEDULE TASK 001 TASK 002 TASK 003 TASK 004 TASK 005 TASK 006 TASK 007 TASK 008 TASK 009 TASK 010 TASK 011 TASK 012 TASK 013 TASK 014 TASK 015 TASK 999 TOTAL 22,800.00 8,600.00 3,000.00 15,000.00 28,500.00 83,300.00 5,280.00 17,400.00 41, 700.00 21,750.00 19,880.00 63,700.00 3,360.00 5,800.00 26,500.00 3,000.00 369,570.00 THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS: 1. Application Fees for submittal to regulatory agencies 2. Landscape/Irrigation Plans 3. Lighting/Photometric Plans 4. Hardscape, Walls, Entry Features 5. Site or conditional use permitting with City of Clermont 8 @ @ ; # m a m m @ m m ■ @ # @ - \ k§§§ K§ k (7 K K 9 . a ■ ; 3 § # & � & ; £ 2 ■ 2 2 # ! � ! I � e � � # § =S &a |. 2 °k Z \ ; ■ § ■ S 2 ; 7 | �f =k \ J 2 J J 2 AlJ 2/ 2 2 J I J 2 DocuSign Envelope ID: 2868B9BE-68F6-4E6GBB15-B5A29F20A28F SECTION — J SIGNATURE PAGE By signing this section the respondent certifies that: 1. It satisfies all legal requirements (as an entity) to do business with the City. 2. The undersigned respondent acknowledges that award of a contract may be contingent upon a determination by the City and that the respondent has the capacity and capability to successfully perform the contract. 3. The proposer hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this proposal document and any contract(s) and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If the City of Clermont awarded your company, would your company sell under the same terms and conditions, for the same price, to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall be responsible for its own purchases and shall be liable only for materials or services ordered and received by it. I V Yes �✓ No (Check one) By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Company Name (print): BESH Halff, Inc. Street Address: 902 North Sinclair Avenue,_ Tavares FL 32778 Mailing Address (if different): Telephone: 352-343-8481 Fax: 352-343-8495 Email: rem halff.com Payment Terms: % days, net 30 FEIN: 75- - 1308699 Professional. License No.: CA 33380 _ Signature: 7A--, — Date: October 29, 2020 Print Name: Robert A. Em Jr. PE Title: Does the respondent accept payment using the City's MASTERCARD? [i] Yes ❑ No If paid by credit card, Halff Associates, Inc. charges a 3% fee of the invoice amount. Page 1 of 1 48 DocuSign Envelope ID: 2868B9BE-68F6-1E6C-BB15-B5A29F20A28F RWONTCLE Choice of Champions' FREDDY L. SUAREZ Procurement Services Director 352-241-7350 fsuarez@clermontfl.org ADDENDUM 1 — SEPTEMBER 22, 2020 RFQ 20-036 — PROFESSIONAL ENGINEERING SERVICES FOR SUNBURST LANE WTP IMPROVEMENTS The following represents clarification additions deletions and/or modifications to the above reference bid. This addendum shall hereafter be regarded as part of the bid. • This addendum includes a draft preliminary design report conducted on July 2020. END OF ADDENDUM 1 This addendum must be acknowledged and may be returned with your solicitation. All other terms, conditions and specifications remain unchanged for RFQ 20-036. BESH Halff, Inc. Name of Company Signature Robert A. Ern, Jr. PE Typed/Printed Name October 22, 2020 Date VP. Dir. of Water/Wastewater Title 685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov 39 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 1 ALE Choice of Champions' FREDDY L. SUAREZ Procurement Services Director 352-241-7350 fsuarez@clermontfl.org ADDENDUM 2 — OCTOBER 22, 2020 RFQ 20-036 — PROFESSIONAL ENGINEERING SERVICES FOR SUNBURST LANE WTP IMPROVEMENTS The following represents clarification, additions, deletions and/or modifications to the above reference bid. This addendum shall hereafter be regarded as part of the bid. This addendum is being issued to incorporate all the questions and answers provided in BidSync into the solicitation. END OF ADDENDUM 2 This addendum must be acknowledged and may be returned with your solicitation. All other terms, conditions and specifications remain unchanged for RFP 20-036. BESH Halff, Inc. Name of Company Z'z- Signature Robert A. Ern, Jr., PE Typed/Printed Name October 28, 2020 Date VP_ Dir. of WaterMastewater Title 685 W. Montrose Street • Clermont, FL 34711 • www.ClermontFL.gov 40 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F CLERN-r a A. Purpose EXHIBIT "B" City of Clermont, Florida Safety Pro ram Polic (Replaces Safety Policy dated November 24, 1998) 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. 10/08/2013 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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. 2 10/08/2013 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F CLER1 ONT Chace of Champions' A. Purpose Safety Program Procedure Effective March 15, 2019 (Replaces Safety Program Procedure dated 9114117) 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 procedure shall apply equally to all City employees, and for the purpose of this procedure 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, 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 and/or report other safety concerns to a supervisor/manager immediately. 3. Reporting injuries/illnesses and accidents — The reporting of all injuries/illnesses and accidents to the supervisor, regardless whether medical attention is sought is required. 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 required to conduct or coordinate the facilitation of safety training for all new and current employees prior to the commencement of their duties. Employees may be asked to conduct specific safety training pertinent to the respective work area by the supervisor/manager. DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F D. ManagementlSupervisory 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 safely 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 empowering 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. Lead by example while performing as a safety mentor to employees. 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. DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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 injudes/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 should 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 by the SAT. The SAT discusses the preventability of injuries/illnesses and accidents, whether appropriate action has been taken to prevent future incidences, and makes 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. 3 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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/ragout, 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 performed. 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 in accordance with the Florida Public Records Law, for example Finance/Purchasing will maintain vendor selection records, Public Works will maintain 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 ay authorize exceptions to this procedure when deemed appropriate. -A 1,.V)) sic Dar ray, City Manager 15ate 4 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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 may be developed by the departments as necessary. 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 safe 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. • Employees should only lift an object or material that is well within 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 Safet • 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. DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F • 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 Safet. 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 their 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 on the proper use of fire extinguishers by the supervisor or the Fire Department. • In case of a 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 6 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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 precautions. 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 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. 7 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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. Management will ensure that corrective actions have been taker and may make additional recommendations as necessary. E ui ment 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 a n d 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. 8 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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 a job 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.* De. artment/Area Specific Safety Trainin • 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. 0 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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 Re uired Confined S ace Entr.. • 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. 10 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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. Eye 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. 11 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F 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. 12 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F Appendix F Fleet Safety Program It is the policy of the City to provide and maintain a safe working environment to protect its employees and citizens from injury and property loss. The City considers the use of motor vehicles as part of the working environment to assist employees in completing their assigned job duties, and is committed to promoting a heightened level of safety awareness and responsible driving behavior in its employees. The City's combined commitment and efforts will be directed toward the implementation and execution of an effective Fleet Safety Program. The Fleet Safety Program consists of seven components: • Motor Vehicle Record Checks; • Safe Driving Practices; • Training; • Preventive Maintenance; • Accident Investigation; • Personal Use of City Vehicles; and • Non -City Vehicles Used for City Purposes. The program includes all motor vehicles, equipment licensed for on the road operation, and large equipment such as mowers, tractors, and backhoes. This procedure applies to all candidates for employment as well as all current employees and volunteers who are operating a vehicle/equipment for City purposes. Nothing herein shall authorize volunteers to operate City vehicles. A. Motor Vehicle Record Checks In accordance with the City's Employment Policies Manual, all operators of City vehicles and equipment are required to have a valid State of Florida operators or commercial license, as applicable, and to keep Supervisors informed of any change of status in their license. The City's Background Check Procedure outlines the City's initial efforts on applicant selection through a variety of resources, beginning with the job application. Applicant selection is made upon completion of a formal interview, background check, reference verification, review of the individual's motor vehicle record (MVR), a negative drug screen result if applicable, as well as a skills demonstration for certain vehicles. Once a candidate has been identified for hire and made a conditional offer of employment, Human Resources will conduct a background check including MVR in accordance with the City's Background Check Procedure. MVRs are also periodically reviewed thereafter as determined by the City and at a minimum of at least once per year for all employees who are authorized to drive a City vehicle or their own vehicle while conducting City business. The MVR is reviewed foradverse conditions as defined in the City's Background Check Procedure. 13 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F If an employee's annual MVR reveals an adverse condition as defined by the Background Check procedure, the employee will not be allowed to drive a vehicle while conducting City business. If these restrictions create a hardship for the City, the employee will be transferred or demoted to a position which does not require driving and for which the employee is otherwise qualified. If no position is available, the employee will be terminated. In addition, Human Resources will identify employees considered "high risk drivers" based upon established criteria and monitor the employees driving record every six (6) months for a period of two years from the date of the most recent violation. Employees who operate City vehicles and equipment are required to immediately notify their supervisor of any change in status in their license, convictions involving motor vehicle operation, and/or use of substances that would interfere with safely driving a motor vehicle. B. Safe Driving Practices In accordance with the City's Employment Policies Manual, the City attempts to provide each employee with adequate tools, equipment and vehicles for the job being performed and expects each employee to observe courteous and safe operation of vehicles and equipment in compliance with all municipal, county and state vehicular regulations. Employees shall wear a seatbelt at all times and drive with courtesy and respect for other motorists. Employees are expected to treat City vehicles and equipment with respect and care, and adhere to basic vehicle and equipment operation principles: • Always wear seatbelt. • Drive defensively and always anticipate what other drivers on the road might do and plan accordingly. • Never move through traffic aggressively. • Adhere to speed limits, traffic signs, and follow all traffic signals. • Always lock the vehicle/equipment, even if it remains in sight. • Avoid driving in dangerous conditions, including inclement weather and when drowsy. • Any employee backing a large truck or other sight -restricted vehicle/equipment in which the vehicle/equipment is not equipped with functioning rearview cameras shall enlist the assistance of another employee in backing the vehicle/equipment. The assisting employee will act as a spotter to aid the driver in safely backing the vehicle/equipment. 14 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F • Employees shall not operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective hearing. The only exception to using a headset is when the employee is communicating as described below, and the sound is provided through one ear and allows surrounding sounds to be heard with the other ear. Employees are prohibited from using any telephonic or communication device without a blue tooth or other hands -free technology, unless specifically approved by the City Manager or designee while operating any vehicle, apparatus, machinery, or equipment for City purposes. In addition, employees are responsible for ensuring that use of any electronic device does not cause distraction (i.e., texting, fiddling with the device, taking eyes off the road, and participating in conversations that may interfere with the driver's ability to drive safely). • Whenever possible, the employee should park the vehicle in a safe location to use a telephonic or communication device. C. Training Training programs will consist of classroom and/or on -the -road scenarios. All incoming employees are required to receive training on the City's Fleet Safety Program, as well as any applicable department specific training on City vehicles/equipment. Employees will also be provided with periodic training, such as safety posters, emails, and toolbox talks to reinforce best practices. Remedial training will be provided to employees who have had at least one infraction or were involved in a preventable incident (as defined by the National Safety Council). Such training will focus on, but will not be limited to, defensive driving techniques and behavior modifications. The City will use ride -along training combined with statistical data focusing on accident types and frequency to identify areas of improvement. Employees who have had at least one preventable accident or moving violation in a calendar year period will be required to participate in a collision avoidance course conducted by the Clermont Police Department. Refresher training will be provided for all employees at least every other year. Supervisors will receive refresher training on Accident Investigation and Preventability at least every other year or as needed. D. Preventive Maintenance In accordance with the City's Employment Policies Manual, employees who are assigned equipment or vehicles by their departments are responsible for them and their proper use and maintenance. Additionally, the City will provide the necessary resources to ensure all vehicles are operating properly. 15 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F Public Works will perform and track all routine fleet maintenance for non - Commercial Motor Vehicles (CMV) every six (6) months or every 3000 miles, whichever comes first. Critical components that must always be controlled, maintained and promptly repaired are: brakes, tires, suspension, steering, lights, mirrors, windows and windshield wipers. Public Works performs and tracks all routine maintenance on CMVs every 600 hours. Pre -trip Inspections - Each department will establish and maintain regular pre - trip inspections. The frequency and type of vehicle/equipment inspection may vary, however a basic pre -trip safety inspection should be conducted daily or prior to driving it. For non CMV, areas to be inspected include tires, lighting systems, brakes, windshield wipers, glass/mirrors, seat belts, fire extinguisher(s), backup alarm, warning devices and interior/exterior cleanliness. 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 as soon as possible. • Employees shall not operate a City vehicle/equipment when an inspection deems that the vehicle/equipment may be unsafe for operation. A supervisor will be noted and the unsafe vehicle/equipment will be placed out of.service until corrective action can be taken. • Refueling — Vehicles/equipment should be refueled when the meter reads'/ full and turned off while refueling. * Employees should never smoke, light matches or use lighters while refueling, nor enter the vehicle/equipment during refueling, as this presents a flash fire hazard. • Employees should not overfill or top off the vehicle's/equipment's fuel tank. * Upon return of the vehicle to Public Works/Fleet Maintenance, the vehicle shall be in the same condition as when provided to the employee, reasonable wear and tear excepted. E. Incident Investigation All incidents involving a City vehicle, equipment, or personal vehicle being operated for City purposes must be reported immediately to law enforcement and the employee's immediate supervisor. Law enforcement will not be required to be notified for incidents when all of the following criteria are met: • there is damage on City property, and • the incident involves ONLY City property, and • the estimated damage is less than $500, and • no personal injury has resulted. 16 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F Examples of damage that is less than $500 include but are not limited to the following: • Small dent, 3 inches or less in diameter • Broken tail light • Broken headlight • Minor surface scratch • Damage to one wheel/rim and/or tire • Damage to one window • Damage to windshield • Any combination of more than one of these items is very likely to be above $500 and law enforcement should be contacted. Supervisors who are unsure/unclear if damage is over $500 should report the incident to law enforcement. Supervisors and employees will be trained in post -incident procedures to secure the details of the incident and document the damage. Providing detailed facts of the incident will help the City's insurance carrier deter fraudulent third -party insurance schemes. All vehicles/equipment will be supplied with an incident reporting kit to include the Supervisor and Employee Investigation Forms, insurance card, a pen, drug -testing matrix, and a post -incident checklist. A pre -trip inspection should also be included in every vehicle/equipment, if applicable. Supervisors are responsible for determining whether an employee should receive disciplinary action in accordance with the City's Employment Policies Manual. Supervisors are also responsible for making a determination as to whether or not the incident was preventable based on the National Safety Council's definitions and record this determination in the Supervisor Investigation Form. Human Resources along with the Safety Action Team will review all incident reporting forms and ensure compliance with the City's Fleet Safety Program. The City has implemented a separate Drug Free Workplace Procedure that requires pre -employment and periodic random drug and alcohol testing for employees in mandatory testing positions. Additionally, the Drug Free Workplace Procedure has set forth criteria requiring employees be tested for the presence of drugs and alcohol under certain circumstances. Any positive results are grounds for termination. F Personal Use of City Vehicles/Equipment In accordance with the City's Employment Policies Manual, the use of City property, material, supplies, tools, equipment or vehicles for personal or private business use is prohibited, unless approved by employment agreement or by the City Manager and incidental and as a minor deviation to the assigned use of the vehicle. Violations may result in termination and possible prosecution. 17 DocuSign Envelope ID: 2868B9BE-68F6-4E6C-BB15-B5A29F20A28F Persons who are not City employees are not allowed in City vehicles/equipment as passengers, unless the travel involves City business purposes or is authorized by the City Manager. G. Non -City Vehicles/Equipment Used for City Purposes Employees are strongly encouraged to utilize City vehicles/equipment to conduct official City business. Employees who choose to drive non -City vehicles or operate non -City equipment to conduct official City business must obtain Department Director approval to do so, are subject to all the provisions and standards of this program, must maintain state required automobile insurance limits, ensure that their personal auto insurance carrier provides coverage for use of their personal vehicle for business purposes, and maintain their vehicle in a safe operating condition. * Documentation of employee training will be completed and kept on file at the department in accordance with the State of Florida General Records Schedule. 18