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2008-12DESIGN AGREEMENT CITY OF CLERMONT INLAND GROVES MANAGEMENT PLAN FEBRUARY 28, 2008 THIS AGREEMENT, entered into this between City of Clermont, hereinafter Design}, hereinafter referred to as the Suite 300, Orlando, FL 32810-6132. .~.L~~ day of j~rt~c~.1..._ , 2008, by and referred to as the City, and Herbert•Halback, Inc. (HHI "Consultant", whose address is 423 South Keller Road, ARTICLE I. PROJECT DESCRIPTION The City recently entered into an agreement with the State of Florida to receive acquisition funding from the Florida Communities Trust (FCT) in order to acquire approximately 129 acres of land known as the Inland Groves Property located near the northwestern city limits. In order for the City to obtain FCT, Florida Forever grant funds, a management plan for the project site must be prepared and submitted to FCT staff for approval. The intent of the management plan is to describe how the City will manage the project site to further the purposes of the grant application and meet the terms and conditions of the FCT grant contract. HHI Design has been selected by the City to provide professional planning related to the preparation of the Inland Groves Management Plan. HHI Design shall create the required documentation and support materials required to submit a Management Plan to FCT for approval. The management plan shall be in accordance with the Inland Groves FCT Grant Application and Section VI and VII of the Grant Contract between the City and Florida Communities Trust. During the preparation of the management plan as defined by the FCT application, HHI Design shall organize the deliverables and required support documentation to meet FCT requirements. This is an expedited project and the City shall provide HHI Design a set of written objectives clearly spelling out expected project intent. The deadline for completion of the management plan is April 30t'', 2008. It is anticipated that the City will provide adequate support and documentation to complete the project on time. ARTICLE II. SCOPE OF SERVICES Task 1 -Project Start Up A. Administrative Kick-Off Meeting HHI Design and the City will conduct an initial kick-off meeting followed by a site visit to review written objectives and project intent. HHI Design will address project deadlines both internal and external, identify key project staff, and discuss key project issues. The City will provide HHI Design any digital copies of files and data necessary to complete the project. These documents are described in more detail below. B. Data Collection and Review HHI Design will acquire and review documents pertinent to completing the FCT Management Plan including but not limited to the following. Design Agreement City of Clermont Inland Groves Management Plan February 28, 2008 Page 2 of 7 • City of Clermont FCT Application • City of Clermont Comprehensive Plan • Environment Reports • Site Surveys • Site Aerials • Plat Maps • Florida Fish and Game Conservation Commission Strategic Habitat Documentation • Florida Natural Areas Inventory Documentation and Forms • Chapter 267, Florida Statues • USGS Quad Maps of Project Sites • Exotic Pest Council's List of Florida's Most Invasive Species • FCT Grant Contract • FCT Sign Requirement Documentation Task 2 -FCT Staff Coordination HH( Design shall coordinate with FCT staff to ensure the Management Plan and support documents have been prepared in a manner that is easily approved. Task 3 -FCT Management Plan Preparation A. Management Plan HHI Design will complete the necessary research, site inspections, analysis and documentation to properly complete the management plan. The FCT Management Plan Checklist shall be used as the outline in completing this task. The management plan will contain the following items. Cover Page Title Management Plan on the Cover Project Name on the Cover Project Number on the Cover Date the Management Plan was Drafted or Revised Table of Contents Page Numbers List of Exhibits and Tables List of Documents Found in the Appendix Introduction Project Name Project Location Background Information If the Project is Located in a Priority Investment Area If Part of a Phased Project, Discuss Past or Future Planned Acquisitions Acquisition Statement Purpose Purpose of Acquiring Site(s) Design Agreement City of Clermont Inland Groves Management Plan February 28, 2008 Page 3 of 7 Management Provision Statement Prioritized Management Objectives Comprehensive Plan Directives That Will be Furthered Identify Procedures in Changing Future Land Use Identify Procedures in Amending Zoning Florida Communities Trust Promotion Provision and Operation Site Development and Improvements Existing Physical Improvements Proposed Physical Improvements Landscaping Wetland Buffers Acknowledgement Sign Parking Stormwater Facilities Hazard Mitigation Permits Easements, Concessions and Leases Natural Resources Natural Communities Listed Animal Species Listed Plant Species Inventory of the Natural Communities Water Quality Unique Geological Features Trail Network Greenways Resource Enhancement Upland Restoration Wetland Restoration Invasive Exotic Plan Burn Plan if Applicable Feral Animal Program Archeological, Cultural and Historical Resource Protection Known Resources Interpretation Restoration and Protection Methods Statement of Survey Commitment and Timing Notification Provision Coordination Plan Collections and Disturbance Provision Education Signs and Programs Signage Education Programs Interpretation Activities and Facilities Coordinated Management Management Needs Design Agreement laity of Clermont Inland Groves Management Plan February 28, 2008 Page 4 of 7 Maintenance Security Priority Schedule Monitoring and Reporting Exhibits Site Plan for Property Location Map Florida Natural Inventory Report Forms Exotic Pest Gouncil's List of Florida's Most Invasive Species Conceptual Approval Agreement B. Grant Research HHI Design will identify potential grant programs relevant to implementation of the management plan (for example, grants for invasive plant removal from FDEP). Where possible, HHI Design will compile data for this purpose for the City to use to apply for such grants. Task 4 -Conceptual Master Plan HHI Design shall update the conceptual master site plan included in the FCT Grant Application as needed to depict those items included in the application. The conceptual plan shall have at minimum the following. • Scale and North Arrow • Boundary Delineation • Existing Physical Improvements • Proposed Recreational Improvements • Proposed Landscaping • Upland Restoration, if Applicable • Wetland Restoration, if Applicable • Identification of Adjacent Public Land and Show Existing and Proposed Facilities, if applicable • Location of permanent recognition signs Task 5 -Coordination with the St Johns River Water Management District HHI Design shall coordinate with City engineering staff regarding the development of stormwater facilities on the site. In addition, HHI Design shall incorporate comments from the SJRWMD regarding the Management Plan or set and discuss in the Management Plan a time frame in which the SJRWMD will provide comments. ARTICLE III. DELIVERABLES HHI Design shall provide the City of Clermont with digital copies in PDF format of the draft Management Plan and the final Management Pian. The City will be responsible for printing and submittal to the state. Design Agreement City of Clermont Inland Groves Management Plan February 28, 2008 Page 5 of 7 ARTICLE IV. SCHEDULE The Consultant anticipates completing all tasks related to the Inland Groves Management Plan by April 30, 2008. ARTIGLE V. FEES The Consultant shall provide the base scope of work required to complete the tasks described above for an amount not-to-exceed FOURTEEN THOUSAND FIVE HUNDRED and FIFTY- FIVE DOLLARS ($14,555.00). Expenses shat( be paid for an amount not-to-exceed FOUR HUNDRED FORTY-FIVE DOLLARS ($445). The following is a break down of the services by task: Task 1 $1,365.00 Task 2 $190.00 Task 3 $9,170.00 Task 4 $3,340.00 Task 5 $490.00 Reimbursable Expenses 445.00 Total $15,000.00 ARTICLE VI. ADDITIONAL SERVICES This contract can be amended at a later date to address modification of the management plan to include the Phase II property and that the fees and timelines associated with such a modification can be negotiated at a later date. Any such amendment shall be in writing signed by both parties. The Consultant shall, upon approval, perform any additional services (other than outlined in Article II) at the hourly rates listed below. Additional services shall be in addition to the fees stated above. Senior Principal $160.00/hour Principal $150.00/hour Senior Associate $95.00/hour Senior Staff Consultant $85.00/hour Associate $80.00/hour Senior Designer/Planner $65.00/hour Designer/Planner $60.00/hour Sr. Technician $55.00/hour Administrative Assistance $50.00/hour Design Technician $45.00/hour Design Agreement City of Clermont Inland Groves Management Plan February 28, 2008 Page 6 of 7 Hourly rates to be in effect until December 31, 2008, after which time all additional work shall be billed at revised rates that shall include appreciation of direct and indirect expenses plus inflation. ARTICLE VII. MISCELLANEOUS: a. Term. This Contract shall take effect when executed by both parties and shall continue, unless terminated with cause or by either party, without cause, upon thirty (30) days written notice to the non-terminating party. Upon completion of the services contemplated and authorized in the scope of services, the Agreement shall automatically expire. b. Standard of Services Provided. Consultant represents that the services provided hereunder shall conform to all requirements of this Agreement; shall be consistent with recognized and sound professional engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the services rendered herein. Consultant further represents that the personnel furnishing such services shall be qualified and competent to perform the services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. c. Insurance. Consultant shall maintain the following insurance: Workers Compensation as required by Federal and Florida Law. 2. Professional liability, including errors and omissions, coverage, in the minimum amount of $1,000,000 per occurrence. 3. Comprehensive general liability agrees to pay for and maintain in full force and effect at all times during the term of this Agreement, general and bodily injury liability and property damage insurance in the policy limits of not less than Five Hundred Thousand Dollars ($500,000.00) for injuries and damage, including accidental or wrongful death to any one person and for property damage on any one claim and in an amount not less than One Million Dollars ($1,000,000.00) for injuries and property damage on account of any one occurrence. d. Indemnification. Consultant agrees to hold harmless and indemnify, including attorney fees, CITY, its officers, employees and agents against any and all claims, losses, damages or lawsuits for damages, arising from or related to negligent acts, errors or omissions of the Consultant. e. Independent Contractor. The parties agree that at all times and for all purposes within the scope of this Agreement, the relationship of Consultant and CITY is that of an independent contractor. Design Agreement City of Clermont Inland Groves Management Plan February 28, 2008 Page 7 of 7 f. Venue. Notwithstanding any provision in the general condition to the contrary, the parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a Court of competent jurisdiction located in Lake County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF CLERMONT Witness: W ~/ Signature ' ~ Date ~ nature Title ` Date HERBERT•HALBACK, INC. (HHI DESIGN) Witne s: dd C~ D ' na ure Dat ignature , ~ ~ ' ~~ Title Date LMM/jih