HomeMy WebLinkAboutBDA Environmental Consultants Proposal for Bald Eagle Management -2007 10 26 RECERIEn
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October 26,2007
File: 2007-193-05.0
SENT VIA ELECTRONIC MAIL
Mr.Ronald W.McLemore
City Manager
City of Winter Springs
1126 East S.R.434
Winter Springs,FL 32708
Phone: 407-327-5957
Fax: 407-327-6686
RE: Proposal for Environmental Services
Bald Eagle Management
Winter Springs,Florida
Dear Mr.McLemore:
Breedlove, Dennis &Associates, Inc. (BDA) is pleased to provide this proposal for environmental services
to assist the City of Winter Springs (Client) with agency coordination and technical assistance processes
regarding nesting bald eagles (Haliaeetus leucocephalus) in Winter Springs, Florida. The following task
will be provided under this scope of work.
Task No. 1 — Expert Oversight and Coordination Regarding Agency Coordination and Technical
Assistance
BDA will provide services that include, but are not limited to, technical review of biological and project
circumstances associated with nesting bald eagles within the city; site visits as may be necessary; provision
of strategic project-related recommendations regarding bald eagle biology,rules and management protocols;
scheduling and attendance of meetings and coordination with agencies; preparation and submittal of a
written request for technical assistance relative to bald eagle issues within the city to the U.S. Fish and
Wildlife Service and Florida Fish and Wildlife Conservation Commission; preparation of biological
opinions and other related documents and submittals as may be required; and other tasks as may be
determined necessary by the Client.
A budget amount of$14,000 is recommended at this time, but actual costs may be more or less, depending
upon the actual scope of work, number of meetings attended and travel costs that may be required. The
costs associated with this task will be billed on a time and materials basis in accordance with the attached
P:\ADMIN\PROJECTS\2007193\PROPOSALS\FINAL MCLEMORE PROPOSAL DOC
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Mr.Ronald W.McLemore
October 26, 2007
Page 2
Schedule of Professional Fees and subject to the attached Terms and Conditions. Mr. Tom H. Logan will
serve as the Principal in Charge for this project, and Ms. Penny Cople will serve as project manager for
these services.
Space has been provided below for your acceptance of this proposal and your signature hereon will
constitute a contract between us for the work. Please sign both copies and return them to our office. A fully
executed contract will be returned for your files.
Sincerely yours,
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for Penny E. Cople, B.S. Tom H.Logan, M.S., C.W.B. `-
Senior Scientist Vice President
Accepted by:
R. a d W. McLemore Date
City Manager
City of Winter Springs
_..... 07
Tom H.Logan,M.S., C. .B. Date
Vice President
Breedlove,Dennis &Associates,Inc.
PEC/THL/kmg
Enclosures
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TERMS AND CONDITIONS
1. Other support provided at the request of the Client or 4. After January 1, 2008, all hourly and daily rates quoted
representatives of the Client including, but not limited to, within this contract may increase by 5%, at the
team meetings, agency negotiations, public presentations, determination of BDA, upon written notice to Client, and
mitigation design, permitting assistance, sufficiency may increase by 5%annually thereafter.
responses or additional analyses not mentioned elsewhere in
this Proposal will be billed on a time and materials basis 5. This Proposal to perform services for this Project shall
according to the attached rate schedule. All requested remain open for acceptance for a period of sixty (60) days
services must be approved by the Client before additional from the date thereof, after which time BDA reserves the
support can be initiated. right to review,revise or withdraw its Proposal.
2. Unless specified elsewhere in the Proposal, the proposed 6. All information furnished by Client to BDA shall be
costs constitute Breedlove, Dennis & Associates, Inc.'s returned to Client upon the conclusion of the Work unless
(BDA) estimate of the charges required to complete the the same shall have been consumed or merged into the
Project as defined. Final costs for this Project may vary from Work. BDA may retain copies of any such information
the estimated costs. For many projects,all activities are often furnished to BDA by Client and BDA shall, in all events,
initially not fully definable. As the Project progresses, the retain full possession and ownership of it's field and Project
facts uncovered may alter the scope of work and notes and all other documents or data generated, consumed
consequently the cost of completion. BDA will inform the or merged into any reports, opinions, or applications
Client of such situations so that negotiations of change in required in connection with the Project and the Work.
scope and fees can be accomplished as required.
7. This Contract may be terminated by either Party for
3. BDA's fees are based on the actual time required by the reason or for no reason by giving thirty (30) days written
individuals assigned to the Project task, plus reimbursable notice to the other Party. Said notice shall be sufficient if it
expenses. Reimbursable expenses mean the actual expenses is delivered to the Party personally or mailed by certified
incurred directly or indirectly in connection with the Project. mail to the Party's mailing address. Upon any termination
Reimbursable expenses include, but are not limited to long under this paragraph, BDA will prepare a final invoice
distance telephone calls, computer charges, living and travel following the date of a final termination notice which date
out-of-town, inter-city travel, reproduction of reports, shall be the "Effective Date of Termination." Where the
drawings and documents, and special fees. Client shall method of payment is based on time and materials, the final
compensate the consultant for reimbursable expenses. invoice will be based on reimbursement for all services and
Individual hourly rates vary according to the degree of expenses associated with the Project up to the Effective
responsibility involved and the skill required. BDA will Date of Termination.
submit our bill for these services monthly. Payment is due
upon submission. 8. Neither BDA nor Client shall be liable to the other for
any damages whatsoever caused by termination of this
Contract or failure to perform under this Contract, except
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for services actually performed and costs and commitments
actually incurred by BDA under this Contract, prior to the 12. This agreement, and any specified attachment, or
Effective Date of Termination. In no event shall either Party exhibits attached constitute the entire agreement between
be liable to the other for any other claim of direct, indirect, BDA and Client and all promises, representations,
special, incidental, or consequential damages (including loss understandings, and agreements with the respect to the
of profits) whether based on contract, tort, or another legal subject matter hereof and inducements to the making of this
theory. agreement relied upon by either Party have been expressed
herein,and may not be altered,amended, or modified unless
9. The Parties to this Contract agree to make the in writing executed by the Parties hereto.
submission to mediation of any dispute or controversy
arising out of this Contract, as set forth herein, an express 13. Neither this agreement nor any interest herein may be
condition precedent to any legal or equitable action or assigned by the Client without BDA's prior written consent.
proceeding of any nature whatsoever. All disputes between No Party shall be liable for delay in the performance
the Parties to this Contract arising out of or in connection hereunder do to causes beyond their control, including, but
with this Contract shall be referred for mediation to a not limited to, acts of God, fire strikes, acts of war, or the
mediator who is a member of the Florida Bar in good intervention of governmental authority, but any such failure
standing, and who is mutually acceptable to all Parties shall be remedied as soon as reasonably possible.
subject to the dispute. Each Party to all disputes submitted
for mediation shall pay an equal share of the costs and fees 14. Each Party executes this agreement as an independent
charged by the mediator. contractor and nothing herein shall be construed to form a
joint venture, partnership, or any similar form of
10. The Client acknowledges that it has secured legal rights association.
to the property upon which the project will be developed.
The Client further acknowledges and agrees that the type of 15. In the event of default by Client in the payment of any
services to be performed by BDA are covered under Florida sum to BDA when due, or in the performance of any of
Statutes 713.03 (Liens for professional services) and that the Client's obligations under this agreement, BDA shall have
non-payment of fees owed under this Agreement may result the right to terminate this agreement, until such time as the
in a mechanic's lien or other encumbrances being placed on default may be cured. Client shall reimburse BDA for all
the property upon which the project is/will be located. costs and expenses to enforce collection of any monies from
Client.
11. This Contract shall be governed by and interpreted in
accordance with the laws of the State of Florida, and the
Parties expressly agree that any mediation proceeding,or any
action at law or suit in equity, shall be instituted and
maintained only in the Courts of Orange County, Florida,
and each Party waives the right to change of venue. It is
agreed by and between the Parties that this agreement was
executed in the State of Florida, United States of America.
In the event BDA retains legal counsel to enforce any of the
provisions of this agreement, the Client agrees to pay all
reasonable attorneys fees and any additional attorney fees
pursuing collection of this judgement.
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SCHEDULE OF PROFESSIONAL FEES
Effective April 2, 2007
POSITION/SERVICE Hourly Rate($)
Principal 355.00
Senior Vice President 195.00
Principal Geologist 160.00
Vice President 185.00
Toxicologist 135.00
Senior Scientist 140.00
Scientist IV 110.00
Scientist III 100.00
Scientist II 90.00
Scientist I 75.00
Environmental Specialist IV 80.00
Environmental Specialist III 75.00
Environmental Specialist II 65.00
Environmental Specialist I 55.00
Senior Geographic Information Systems (GIS)Analyst 140.00
GIS Analyst III 120.00
GIS Analyst II 110.00
GIS Analyst I 100.00
Word Processor 50.00
Librarian 35.00
Clerk 30.00
Terms: Net 30 days. Unpaid balances will be subject to interest at the rate of 1.5%per month or the maximum
permissible under state law,whichever is less,starting 30 days from the invoice date.
A 10%fee will be added to the following items: laboratory fees,sub-consultant fees,and overnight travel.
Expert witness at 125%of schedule fees.
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