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2007-43f ~ Kimley-Horn ~ ^ and Associates, Inc. January 5, 2007 Revised March 8, 2007 Ms. Cheryl Parker City of Clermont 685 West Montrose Street Clermont, FL 34711 Re: City of Clermont -Fire Station #3 Dear Ms. Parker: With respect to our ongoing Master Services Agreement dated February 9, 2003, Kimley-Horn and Associates, Inc. ("KHA") is pleased to submit this letter agreement to provide professional engineering services to the City of Clermont in accordance with the terms and conditions set forth herein. The scope of services is outlined on the following pages and is based on our conversations with you and the City Engineer. PROJECT UNDERSTANDING 1. Based on our December 12, 2006 meeting and January 19, 2007 KHA understands that the City would like to develop 2,500 SF Fire Station which will be located on Legends Way. The overall tract is approximately 5.40 acres which includes a 1.0 acre fire station site. 2. Access to the site will be provided from Legends Way and no access from SR 50 is proposed. Access from SR 50, transportation engineering, traffic impact analyses, design of offsite traffic improvements, etc. are not included in this Agreement, but maybe provided as an Additional Service. Potable water connection will be made at an existing 16" water main along Legends Way. It is our understanding that reuse water is not available to the site and that irrigation supply will be provided by an on- site well. Permitting services related to the well are not included in this proposal. Should permitting services be required, this will be considered as an Additional Service. 4. KHA Understands that the project area is served by a master stormwater management system previously permitted for the entire project area. It is assumed that St. Johns River Water Management District (SJRWMD) will not require modification of the stormwater model or to the master stormwater management system as approved. Discharge to this pond will be provided by the existing storm sewer connection and is assumed to be sufficient in size to accommodate the project and existing drainage areas. ^ 3404 Southern Trace The Villages, Florida 32162 ^ TEL 352 259 2232 FAX 352 259 1584 ^~~ Kimley-Horn ~ and Associates, Inc. Ms. Cheryl Parker, Mazch 8, 2007, Page 2 5. If a retaining wall is required for the project, the location and height will be identified on the plans and will conform to the City of Clermont LDC. It is understood that pre-engineered walls will be called out for this project and that structural engineering design for retaining walls is not included in this scope. If structural design is required this will be provided as additional services. 6. In an effort to provide the necessary fill for the proposed Champions Way extension, mass grading plans will be provided for the entire 5.40 acre site. 7. It is our understanding that underground utility service lines run along the east side of the site, which will not be relocated as part of this project. 8. Any legal services necessary for the Project, including but not limited to representation at public hearings will be provided by the Client's legal counsel under a separate Agreement. KHA shall be entitled to rely on information provided by the Client's legal counsel. SCOPE OF SERVICES TASK 1-EXISTING CONDITION SURVEY KHA shall retain Cummins Surveying and Mapping, Inc. as a subconsultant to perform the existing field condition survey as outlined below A. An existing field conditions survey will be performed on the entire 5.40 acre site which will consist of a boundary and topographic survey. B. A separate boundary will be prepared for the Fire Station site once it has been determined. TASK 2 -GEOTECHNICAL INVESTIGATION A. KHA will retain Andreyev Engineering to perform a geotechnical analysis of the proposed fire station site. Analysis will include Standard Penetration Test borings within the proposed pavement and building areas. TASK 3-CONCEPTUAL PLAN A. KHA will prepare a conceptual site plan of Fire Station # 3 site. The conceptual site plan will consider requirements established by the City of Clermont Land Development Regulations (LDRs) and initial input from City Staff. B. KHA will attend up to two coordination meetings with the Client to discuss the conceptual site plan. Based on the client comments KHA will prepare up to two revised conceptual site plans. Any additional modifications to this conceptual site plan will be accomplished as Additional Services. ~ Kimley-Horn ~~~ and Associates, Inc. Ms. Cheryl Parker, March 8, 2007, Page 3 TA5K 4-SANITARY SEWER DESIGN EVALUATION A. KHA will evaluate the site being served by a proposed gravity sewer sanitary system. As part of this evaluation KHA will look at existing gravity connections located up to 800 feet east of the project. Once complete, this evaluation will be presented to the City for discussion. If gravity sanitary sewer cannot serve this site, KHA will proceed with Task B as identified below. B. If gravity sanitary sewer system cannot serve the project, KHA will evaluate the use of a lift station and force main system to service the project. It is understood, that if a force main is used, discharge will be provided into an existing gravity system approximately 800 feet west of the project. This evaluation will be discussed with the City. C. Based on the above evaluations identified in Task A and B, KHA and the City will decide which option will best serve the project. KHA will attend up to one meeting to discuss and evaluation the options. Upon this decision, KHA will proceed with design and permitting of the gravity sanitary sewer system or lift stationlforce main system. TASK 5 -MASS GRADING A. Based on the approved conceptual plan, KHA will prepare mass grading plans for the entire 5.40 acre tract, which includes the 1.00 acre site for Fire Station #3. B. Utilizing the existing conditions survey and the mass grading plans described above, KHA will perform preliminary earthwork calculations to determine the amount of cut and fill material available. C. Using the preliminary dirt calculations, KHA will determine the approximate available fill for Champions Way extension. TASK 6 -ENGINEERING PLANS A. Following the City of Clermont approved Conceptual Site Plan described above KHA will prepare engineering plans for the Project to the level of detail required by the City of Clermont LDRs, St. Johns River Water Management District (SJRWMD) and Florida Department of Environmental Protection (FDEP). B. The Engineering plans will generally include the following sheets: 1. Title Sheet 2. Site Plan 3. Grading and Storm Sewer Plan 4. Paving, Grading, and Drainage Details and Notes 5. Utility Plan 6. Off-Site Utility Plan 7. Overall Mass Grading Plans ~ Kimley-Horn ^~~ and Associates, Inc. Ms. Cheryl Parker, March 8, 207, Page 4 8. Water and Wastewater Details and Notes 9. Site Construction Details and Notes 10. Sediment Control Details and Notes TASK 7 -PERMITTING KHA will prepare and submit applications for development approvals to the following agencies: St. Johns River Water Management District (SJRWMD) Permitting A. KHA will prepare and submit one application for a Standard General Environmental Resource Permit (ERP) to the St. Johns River Water Management District (SJRWMD). B. KHA will attend one permitting meeting with SJRWMD staff to review the ERP application and will respond to up to two requests for additional information from SJRWMD regarding the ERP submittal. Florida Department of Environmental Protection (FDEP) Permitting A. KHA will prepare and file one application to Florida Department of Environmental Protection (FDEP) for water and wastewater system construction. B. KHA will respond to up to two requests for additional information from FDEP regarding the water and wastewater submittal. C. KHA will prepare a general Stormwater Pollution Prevention Plan (SWPPP) and submit one application for a National Pollutant Discharge Elimination System (NPDES) permit to FDEP. TASK 8 -CONSTRUCTION PHASE SERVICES KHA assumes that the construction phase will last for seven (7) months. If the duration is longer and additional site visits and coordination is required, it will be considered an Additional Service. KHA's services during the construction phase shall be limited to the following tasks: 1. Bid Document Preparation and Contractor Not f cation. Consultant will prepare and assemble construction bidding documents, including specifications for the subject Work and the construction contract, based on "Standard General Conditions of the Construction Contract" (EJCDC No. C- 700, 2002 edition) prepared by the Engineers Joint Contract Documents Committee. Consultant will issue bid packages for the submittal of quotations to perform the work and conduct pre-bid meetings with potential bidders. We will tabulate the bids received and evaluate the compliance of the bids received with the bidding documents. We will prepare a written summary of this tabulation and evaluation. If requested by the Client, Consultant will notify the selected Contractor. 2. Pre-Construction Conference. Consultant will attend aPre-Construction Conference prior to commencement of Work at the Site. 3. Shop Drawings and Samples. Consultant will review and approve or take ~ Kimley-Horn ~~^ and Associates, Inc. Ms. Cheryl Pazker, Mazch S, 2007, Page 5 other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 4. Visits to Site and Observation of Construction. Consultant will provide on-site construction observation services during the construction phase. Consultant will make visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. Five (5) site visits will be performed throughout the project duration which is anticipated for seven (7) months. Additional site visits will be performed as Additional Services. Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will determine the amounts that Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Consultant's representation to Client, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Consultant's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, Consultant shall not thereby be deemedto have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be ~~^ Kimley-Horn ~ and Associates, Inc. Ms. Cheryl Parker, Mazch 8, 2007, Page 6 other matters at issue between Client and Contractor that might affect the amount that should be paid. 6. Substantial Completion. Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, Consultant considers the Work substantially complete; Consultant will notify Client and Contractor. 7. Certifications of Completion. KHA will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, Consultant considers the Work substantially complete; KHA will notify Client and Contractor. In additions, certifications of completion will be made to FDEP, SJRWMD, and City of Clermont. SERVICES NOT INCLUDED The following services are not included in this Agreement. 1. Architectural Services ADDITIONAL SERVICES KHA will remain available to provide Additional Services at the request of the Client. These additional services may include, but are not limited to: 1. Rezoning assistance. 2. Hardscape design including walkways, proposed open space, etc. 3. Signage design and permitting. 4. Landscape and Irrigation Design 5. Traffic signal and emergency signal design. 6. Florida Department of Transportation (FDOT) Permitting. 7. Army Corps of Engineers (ACOE) Permitting. 8. Providing representation at public hearings and/or meetings beyond those described above. 9. Construction observation and administration, beyond those described above. 10. Building permit coordination. ^~^ Kimley-Horn ~ and Associates, Inc. Ms. Cheryl Pazker, March 8, 2007, Page 7 11. Traffic Analyses, signalization design, or any other transportation engineering services. 12. Environmental Studies and permitting 13. Retaining Wall Design and Structural Engineering 14. Additional Meetings beyond those described above. 15. Any service not specifically described in the above Scope of Services. INFORMATION TO BE SUPPLIED BY THE CLIENT The following information, upon which the Consultant may rely, will be provided to Kimley-Horn and Associates, Inc. by the Client or its representatives: 1. Building Footprint (in AutoCAD). 2. Updated Title Policy. 3. Preliminary and final architectural drawings showing interface locations of utilities within 5 feet of building face. 4. Governmental agency permit fees. 5. Signatures on permit applications. 6. Access to site. SCHEDULE We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. [This Space Left Blank Intentionally] ~ Kimley-Horn Ms. Cheryl Parker, March 8, 2007, Page 8 ^~ and Associates, Inc. FEE AND BILLING KHA will provide the services described above for the lump sum labor fees outlined below: TASK FEE Task 1 -Existing Condition Survey $ 7,000.00 Task 2 - Geotechnical Investigation $ 3,450.00 Task 3- Conceptual Plan $ 7,150.00 Task 4 -Sanitary Sewer Design Evaluation $ 2,300.00 Task 5-Mass Grading $ 4,800.00 Task b -Engineering Plans $ 19,800.00 Task 7 -Permitting $ 7,800.00 Task 8 -Construction Phase Services $ 6,800.00 Direct Expenses (In-House Reimbursable Expenses)-Estimated $ 2,350.00 KHA will perform designlpermitting services described in Tasks 1 - 8 of the Scope of Services and the estimated direct expenses for a lump sum labor fee of $61,450. KHA will provide the Additional Services described above on a labor fee plus expense basis according to the attached rate schedule. All permitting, application, and similar project fees will be paid directly by the Client. Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services performed or actual services performed and expenses incurred as of the invoice date. Payment will be due within 25 days of the date of the invoice. [This Space Left Blank Intentionally] ~~^ Kimley-Horn Ms. Cheryl Parker, March 8, 2007, Page 9 ~ and Associates, Inc. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to City of Clermont. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We again appreciate this opportunity to provide these services to you. Please contact us if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. ~~~ Richard V. Busche, P.E. Associate Attachments: Standazd Provisions Rate Schedule K:~PROPOSALSU.,ake Count~City of Clettnont -Fire Station #3 (030807).doc Christopher M. Germana, P.E. Associate Agreed to this o? 5~ day of ~~~T'e~ ~ , 2007 CITY OF CLERMONT By: /;;(~~C4 J~ ~lU< y~~lZ, ~~ . ,Mayor (Pri`pt or Type Name) Attest: --~"~~ ~ ,' ~- ~\ ~. .~ __~ 1 ~C~~C`_y I- 1L~~ ~ ~ ,Witness (Prin Tort~ype Name)_ -- _- ~ , Affix Corporate Seal: - =, ~ = , a ^~^ Kimley-Horn ~ and Associates, Inc. Ms. Cheryl Pazker, Mazch 8, 2007, Page 10 KIMLEY-HORN AND ASSOCIATES, INC. 2007 BILLING RATE SCHEDULE (Subject to change annually on January ls`) Category Hourly Rate Principal $220 - $250 Senior Professional $160 - $220 Professional $85 - $160 Technical $65 - $115 Clerical $55 - $80