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1977-06 , e, AGREEMENT This AGREEMENT made and entered into this 28th day of February , 1977, by and between the CITY OF CLERMONT, a municipal corporation, hereinafter referred to as "City", and SPRINGSTEAD AND ASSOCIATES, INC., CONSULTING ENGINEERS, herein- after referred to as "Engineer", for the purpose of Engineer performing certain professional engineering services for City, as specified in this Agreement. SECTION ONE - SCOPE OF THE WORK 1-01. General The Engineer agrees to perform professional services in connection with proposed developments within the City of Clermont, Lake County, Florida, as hereinafter stated, and said developments shall be referred to as "Proj ect". 1-02. Project Area The Project area shall consist of the Corporate Limits of the City and any other area served by the City or in which the City undertakes a Project which needs engineering services. The final location of each Project shall be determined by the City. 1-03. Basic Professional Services The Engineer shall perform the following basic professional services in connection with each Project: a. The Engineer shall coordinate his work when necessary with: 1. The City of Clermont Officials 2. The City Manager of Clermont 3. The City Water and Sewer Superintendent 4. The Lake County Pollution Control Director 5. The Lake County Engineer 6. The State Department of Transportation 7. The State Department of Environmental Regulation 8. All other governmental and regulatory agencies. 1-03. Basic Professional Services (cont.) b. The Engineer shall prepare plans and specifications, gain approval from the State and work with the City personnel for the relocation of the City water line, East of U. S. Highway 27, relative to the reconstruction of SR 50 (Phase I). c. The Engineer shall prepare plans and specifications,. gain approval from the State, work with City personnel and/o~ contractor for the relocation of the City water and sewer lines. and other facilities, West of U. S. Highway 27, relative to the reconstruction of SR 5Q (Phase II). d. The Engineer shall be available to the City Manager and City Offici,als to offer consultation regarding daily activities, if needed. e. The Engineer shall prepare plans and specifications, obta.in permits, administer contracts for construction of projects which the City might wish to undertake. HOVIS AND BAIRD. ATTORNEYS AT LAW. 1 WESTGATE PLAZA DRIVE. CLERMONT. FLORIDA 32711 --.:Ii . ~, f. The Engineer shall function as a reviewing authority for new develop- ments lying within the City to assure conformance with the City . development regulations. g. The Engineer shall perform any other duties as directed while serving as the City Engineer. SECTION' TWO - PAYMENT FOR SERVICES ENUMERATED IN SECTION ONE 2-01. Compensation for Services Compensation by the City for the services enunlerated above shall be on the following basis: a. For services provided by others, including, but not necessarily limited to, surveys and tests, the City shall make direct payment to the supplier. b. For printing or reproduction, payment shall be made at the Engineer1s cost. c. For long distance telephone charges, payment shall be made at the Engineer's cost. d. For all ~ravel~ payment shall be made at the rate of $0.20 per mile if travel is by automobile, or at the Engineer's cost if travel is made by commercial means at the request of City. e. For time expended by the Engineer, payment shall be made to the Engineer at the following hourly rates: Professional Engineer Design-Draftsman Draftsman Secretarial $30.00 per hour $20.00 per hour $15.00 per hour $10.00 per hour f. The Engineer shall keep an accounting of services enumerated above and submit the accounting on or around the first day of each month for the previous month's work. The City shall make payment to the Engineer on or before the 10th day of the month in which the account- ing is submitted. g. On any Project undertaken by the City for which engineering services are provided, City may, at its option, retain a sum of 10% of the total engineering fee until such time as all governmental and regulatory agencies have approved the Project and the City accepts same. 2-02. Retainer Fee A monthly retainer of $250.00 shall be paid with the rates charged against the retainer. Should the aggregate of hourly rates exceed the retainer, the City shall pay an amount equal to the hourly sum. SECTION THREE - GENERAL 3-01. 3-02. Suitability with Long Range Development It is understood by the Engineer and the City that work covered by this Agreement is Phase I and Phase II of the State Highway Development Plan~ which included relocation of existing utilities to provide for future use. It also includes any additional streets, drainage. water~ sewer or other facilities to be planned to better serve the people of the City in the future. Time It is recognized that time is of the essence of this Agreement. and the -2- HOVIS AND BAIRD. ATTORNEYS AT LAW. 1 WESTGATE PLAZA DRIVE. CLERMONT. FLORIDA 32711 I e Engineer shall perform his work in an expeditous, diligent and efficient manner in an effort to assure initiation of construction work at the earliest possible date. However, the parties agree that the Engineer has no control over certain aspects of the design approval process involv- ing data to be provided by others, or review and approval requirements of governmental agencies and that the Engineer has no responsibility or liability for any delays caused by same. 3-03. Cancellation of Agreement Either party. the City or the Engineer, can cancel this Agreement by formally notifying the other party in writing. The cancellation shall become effective in thirty (30) days after such notice. the day and year first written above. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement ~=-~~ ~Jid a.WCtu ACi ~ 1) ~AAJf~ Dolores W. Carroll~ City Clerk 'INC. ~ "-.> . ..~----_. CITYJI~~ Claude E. Smoak, Jr.~ ayor -3- HOVIS AND BAIRD. ATTORNEYS AT LAW. 1 WESTGATE PLAZA DRIVE. CLERMONT. FLORIDA 32711