2010-14
City of Clermont
Me
To: Wayne Saunde
From: Tamara Richarc
CC:
Date: March 25, 2010
Re: Third Street and
Design and Perr
BESH, Inc.
City Manager
n, PE, City Engineer ~--'
ng
Site
The Engineering Departm nt requested a proposal for engineering services to design and
permit the Third Street pr ject and the Pavilion site design. BESH, Inc., one of the City's
continuing engineering c nsultants, provided a proposal to design, permit and perform
bidding and construction p ase services for the two projects.
The proposal provided by ESH, Inc. includes $21,381.00 for Third Street and $17,000.00
for the Pavilion site. The to al scope is $35,931.00.
I recommend approval o the proposal from BESH, Inc. for $35,931.00 to perform
engineering services relat d to the design, permitting and construction administration for
Third Street and the Pavilio Site.
1
CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT
FOR
3RD STREET
r:
'ROVEMENTS AND COMMUNITY BUILDING SITE PLAN
CITY OF CLERMONT
Duane K. Booth, P.E.
BOOTH, ERN, STRAUGI
350 North Sinclair Avenu
Tavares, Florida 32778
(352) 343-8481 Phone
(352) 343-8495 Fax
Tamara Richardson, P.E., City Engineer
& HIOTT, INC. CITY OF CLERMONT
685 West Montrose Street
Clermont, Florida 34711
(352) 241-7335 - Phone
(352) 394-2379 - Fax
tamararichardsonCa7clermontfl org
PROJECT: 3RO Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara R chardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
PROPOSAL FOR SERVICES
SCOPE OF SERVICE
BESH is to design anc
approximately 800 ft
Additionally BESH is t~
associated site grading
survey, environmental ;
City of Clermont to BE;
TASK I 3~d
permit widening and resurfacing of 3~d street north of Carroll St
o include storm water collection and treatment improvements.
prepare a site plan and permit a new Community Building with
storm water treatment and utilities. This proposal does not include
services, or landscape /irrigation designs. Survey to be provide by
~H in ACAD format.
Improvement Plans
Preparation of fi al engineering plans and calculations in conformance with City of
Clermont Land evelopment Regulations and Green Book Standards for design of
local streets. D sign to include widening of existing 18ft wide street to 24ft wide
street with `F' cu b on each side, 5' sidewalk on one side, new drainage collection
system and utilit adjustments as needed. Final Engineering plans will include:
A. Cover Sh et
B. Demo Pla
C. Geometry Plan
D. Plan/Profit s
E. Utility Adju tment Plan
f=. Signing & triping Plan
G. Road & Dr inage Details
H. City of Cle mont Standard Notes
FE $8,800.00
TASK II 3`d Street torm water Calculations:
Prepare calculati
calculations and pi
LDR's. Per cony
SJRWMD permitti
ins for treatment of storm water, inlet capacity & spread
~e capacity calculations in conformance with the City of Clermont
~rsation with SJRWMD, widening of 3`d street is exempt from
Ig requirements.
FEES $2,300.00
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara R chardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
TASK III Commu~ity Building Site Plan:
Preparation of ite plan for construction of approximately 9000 sf Community
Building. Desi n to include site grading, establishing finish floor of building,
coordinating wi h Architect, providing water and sewer utilities to and from the
building, and st rm water treatment system. Final Site plans will include:
A. Cover S eet
B. Demo PI n
C. Geomet Plan
D. Utility Pla
E. Grading Ian
F. Details
G. City of CI rmont Standard Notes
FE $5,800.00
TASK IV Commun~ty Building Storm Water Calculations &SJRWMD Permitting:
Prepare storm ater calculations in conformance with City of Clermont and
SJRWMD code. Prepare SJRWMD application for modification of existing 40C-42
permit for const uction of a new Community Building within the boundary of a
previously permi ted storm water management system. This task shall include
preparation and ubmittal of application and exhibits, and respond to any request
for additional info mation (RAI) as requested by SJRWMD. An environmental site
assessment will a required and wetland line established along Sparkling Water
Lake and shown on survey for submittal to SJRWMD, this information is to be
provided by the ity.
FED: $3,500.00
TASK V Project Administration:
The scope of services shall include administrative services necessary to coordinate
all aspects of the roject through the planning, design and permitting phase. These
services shall inc ude project scheduling with all regulatory agencies and public
utility companies uring the design and permitting phase of the project.
This task will also
two (2) rai's with
clude three (3) design meetings with City staff and response to
RWMD.
FEES $4,000.00
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara R chardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
Task VI Geotecf~nical Services:
See attached s~ope of work by Andreyev Engineering, Inc.
FEE: $4,031.00
TASK VI Bid Doc~ments & Bidding
Prepare bid do uments and solicit bids from approved contractors, conduct a
mandatory pre- id meeting, answer bid questions or issue addendum as required,
receive bids, pr pare spreadsheet and review bids for completeness and make
recommendatio of lowest qualified bidder.
E: $2,500.00
TASK VII Construction Administration
All necessary in pections, final certifications and as-builts as required by permit
conditions whic consist of the following:
Booth, Er ,Straughan & Hiott, Inc., will advise and consult with Owner and
act as its epresentative during construction. Booth, Ern, Straughan & Hiott,
Inc., will ake one weekly visit to the site to observe the progress and quality
of the a ecuted site work and to determine in general if the work is
proceedi g in accordance with the construction drawings. Booth, Ern,
Straugha & Hiott, Inc., will review and approve shop drawings, results of
tests and nspections and other data that the contractor is required to submit.
As-builts rvey data shall be conducted by a Professional Licensed Surveyor
of the Sta a of Florida, as provided by the site contractor.
Based up n the on-site observations and as-built survey data provided by
the contra tor, Booth, Ern, Straughan & Associates, Inc., shall prepare and
submit as built construction drawings and certifications of completions to the
owner an the following State and local agencies as required. As-built of
constructi n drawings shall be prepared in accordance with City of Clermont
layering a d format requirements.
A. Cit~of Clermont.
B. St. ohns River Water Management District.
$6,000.00
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara R chardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
TASK 999 Reimbu sables
Blueprints, copi s, mylars, reproductions, postage, etc.
F E: $1,500.00 (to be billed at actual expense)
NOTE: R imbursables to be billed based upon direct expense incurred by
Both, Ern, Straughan & Hiott, Inc.
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
A.
B.
C.
D.
E.
F.
G.
H.
Survey ervices
Environ ental Assessments
Landsca a/Irrigation
NPDES ermitting
Hardsca es design
Lighting esign
Advance ent of permit fees
Game & ish permitting
SUMMARY FEE SCHEDULE
TASK I $ 8,800.00
TASK II $ 2,300.00
TASK III $ 5,800.00
TASK IV $ 3,500.00
TASK V $ 4,000.00
TASK VI $ 4,031.00
TASK VII $ 6,000.00
TASK 999 $ 1,500.00
T TAL $ 35,931.00
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PROJECT: 3RD Stree Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara ichardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
HOURLY RATE SCHEDULE
(2010)
Professional Services
call be charged at the following rate schedule:
ENGINEERING
PROFES ZONAL ENGINEER PRINCIPAL $145.00/HOUR
P OFESSIONAL ENGINEER $130.00/HOUR
PROJECT ENGINEER $110.00/HOUR
NGINEER TECHNICIAN I $95.00/HOUR
NGINEER TECHNICIAN II $75.00/HOUR
ENIOR PLANNER - AICP $110.00/HOUR
CANNING TECHNICIAN $75.00/HOUR
C NSTRUCTION ENGINEER $85.00/HOUR
SURVEYING
PROFES ZONAL SURVEYOR PRINCIPAL $145.00/HOUR
P OFESSIONAL SURVEYOR $110.00/HOUR
3 MAN FIELD CREW $145.00/HOUR
2 MAN FIELD CREW $125.00/HOUR
CREW UTILI ING GLOBAL POSITIONING SYSTEM $150.00/HOUR
SURVEY TECHNICIAN I $95.00/HOUR
URVEY TECHNICIAN II $75.00/HOUR
URVEY TECHNICIAN III $30.00/HOUR
TITLE RESEARCHER $110.00/HOUR
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
All printing for this p oject shall be billed out at the following rate schedule, plus sales tax:
(Outside Copying Services will be billed at cost)
Engineering Bond Copies
Black & White
11 x 17 .........................................$1.25
24 x 36 .........................................$2.50
Color Copies
11 x 17 .........................................$2.00
24 x 36 .........................................$6.00
Black ~ White Copies
8'/2 x 11 .........................................$0.10
8 '/2 x 14 .........................................$0.15
11 x 17 ..........................................$0.20
Color Copies
8'/Zx 11 .........................................$1.20
8'/2 x 14 .........................................$1.45
11 x 17 ..........................................$1.70
Other Printina Services
24 x 36 Vellum .....................................$9.00
24 x 36 Mylar ......................................$12.00
24 x 36 Photo Paper, Color ................ $36.00
24 x 36 Foam Board ...........................$20.00
Other Services
Fax ............................................... $1.00/COPY
Postage (Fed-Ex, Certified Mail, Etc)...@ cost
Concrete Monuments .......................... $10.00
Rebar .................................................... $2.00
Mileage (T/M Projects Only) .................. $0.59
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PROJECT: 3RD Stree Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara ichardson, P.E., City Engineer, City of Clermont
DATE: February 18, 2010, revised March 16, 2010
TERMS AND CONDITIONS
1. GENERAL C NDITIONS
A. AGREE ENT:
These t rms and conditions are attached to and made part of the proposal for
services (the "Proposal for Services") by which Booth, Ern, Straughan & Hiott, Inc.
("BESH" has agreed to perform certain professional engineering and/or surveying
services for and on behalf of City of Clermont ("Client"). The Proposal for
Service ,these terms and conditions, the hourly rate schedule, and the executed
authoriz tion to proceed attached to these terms and conditions shall constitute a
contract (hereinafter referred to as the "Agreement")for the provision of services by
BESH t and on behalf of Client.
B. TERMINATION:
This Agr ement may be terminated by either party by furnishing written notice to the
other pa y at least thirty (30) days prior to the effective date of termination. In the
event th t this Agreement is terminated by either party, Client shall pay BESH for
all servi es performed and expenses incurred through the date of termination.
C. DOCUIV~ENTS:
E
All origi al drawings, computations, details, design calculations, and electronic
media t at result from engineering services performed by BESH pursuant to this
Agreem nt are and at all times shall remain the property of BESH. Upon payment
in full fo services completed, Client, at Client's expense, may obtain copies of any
docume is or reproducible copies of drawings. In doing so, Client agrees that no
addition ,deletions, changes or revisions shall be made to any of said documents
without he express written approval of BESH.
SU
All origii
electron
to this A
and sea
issuanc
of time
complei
In doing
made to
ING DOCUM
al drawings, computations, details, design calculations, field notes, and
c media that result from surveying services performed by BESH pursuant
reement are and at all times shall remain the property of BESH. Signed
ed surveys may be obtained for a period of time up to ninety (90) days after
of the survey, and certifications may be revised during that same period
or a fee of $50.00 for each revision. Upon payment in full for services
d, and within the same period of ninety (90) days, Client, at Client's
may obtain copies of any documents or reproducible copies of drawings.
so, Client agrees that no additions, deletions, changes or revisions shall be
any of said documents without the express written approval of BESH. After
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara ichardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
ninety (9 )days and within one hundred eighty (180) days following issuance of the
survey, ESH will revise certifications and will visually inspect the subject property
for the p rpose of reissuing a signed and sealed survey, charging its then-current
hourly ra es for performing said services and reissuing the survey.
D. FEE REINEGOTIATION:
The Pro osal for Services describes the specific services to be performed and tasks
to be un ertaken by BESH for and on behalf of Client, and states the fee (the
contract price) for each service and task. Except as otherwise provided in this
Agreem nt, the contract prices quoted in the Proposal for Services shall remain in
effect fo a period of two (2) years from the date of execution of this Agreement.
After the expiration of two (2) years from the date hereof, the contract prices stated
in the P posal for Services shall by renegotiated between BESH and Client with
respect o all services and tasks that have not been completed by that date. The
hourly r tes set forth in the hourly rate schedule that is part of this Agreement shall
apply to all additional services requested by Client outside the scope of the
services and tasks described in the Proposal for Services. Said hourly rates are
applicab a through December 3151 of the year in which this Agreement was
execute ,and are subject to renegotiation on January 1 of each year thereafter.
E. REGULATORY REQUIREMENTS:
The con ract prices and hourly rates set forth in this Agreement have been quoted
based o all federal, state and local regulations in effect as of the date that the
authoriz tion to proceed work is signed by the latter of BESH and Client. If any of
said reg lations change during the permitting and design phase of this project,
BESH r serves the right to increase fees for services that may be affected by
regulato changes upon written notice to the Client.
F. PERMI't< ACQUISITION
BESH c nnot guarantee the acquisition of any or all of the permits and/or approvals
that sha I be required for Client's project. BESH agrees that it shall exercise its best
efforts t y to obtain all of the necessary permits and/or approvals. Nevertheless,
Clients all be responsible for payment of all consulting fees due BESH regardless
of agen y/governmental actions, including without limitation the failure of one or
more g vernmental agencies to give the necessary approval for the project.
11. COMPENSA7CION
A. ADDITIONAL SERVICES:
BESH s~all be fully compensated by Client for all additional services performed by
BESH, i cluding, without limitation, the following:
anges made at Client's request to the scope of services defined in this
reement. Client must sign a separate authorization to proceed form (a
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara ichardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
hange Order') for each change in scope of services requested by Client
fore BESH is obligated to perform the revised scope of services. In the
sence of a Change Order executed by Client, BESH shall proceed
cording to the original scope of services as set forth in this Agreement.
~twithstanding the foregoing, BESH may choose to proceed with aClient-
auested change in scope of services despite the absence of a Change
'der signed by Client. If BESH performs the requested change in scope
services, BESH shall be entitled to full compensation from Client based
~ the prevailing prices or the hourly rates charged by BESH for such
rvices at the time that BESH performs the changed scope of services for
ient.
B.
C.
2. F~evisions made necessary as a result of changes to local, state or federal
governmental requirements after the date of this Agreement.
3. ~edesign per Client after preliminary design has been submitted to the
r levant approving agency.
OUT-Op-POCKET EXPENSES:
In additi n to the fee schedule set forth in the Proposal for Services and the hourly
rates to be charge for all additional services performed by BESH, BESH shall be
reimbur ed for all out-of-pocket expenses incurred by BESH, including, without
limitatio :blueprints, copies, plots, aerials, express deliveries, specialized postage,
overnig t courier services (such as Federal Express and UPS) and travel outside
of the C ntral Florida area (greater than 25 miles from BESH's office located in
Tavares, Florida). Printing and mileage expenses are set forth on the hourly rate
schedul that is part of this Agreement. All other charges shall be billed to and paid
by Clien based on the actual costs incurred by BESH.
PAYMENT:
BESH s all submit invoices to Client on asemi-monthly (twice per month) basis.
On eac invoice, BESH will bill for its services in accordance with the hourly rate
schedul included as part of this Agreement. The invoice also will identify the task
or the t sks from the Proposal for Services on which BESH performed services
during t e billing period. If the Proposal for Services states a lump sum dollarfigure
for any articular task, the lump sum amount will represent a "not to exceed" figure
for the t sk in question, and BESH will continue to bill by the hour for its services
on that ask until the "not to exceed" figure has been billed in full. Thereafter,
unless t e scope of services to be performed by BESH pursuant to said task has
been c anged and the compensation to be paid to BESH has been modified
pursua t to Section II.A. of these Terms and Conditions, BESH will continue to
perform its services under that task without additional charges for its services until
BESH as performed all work required by that task. Client shall notify BESH in
writing ithin ten (10) days from the date of the invoice if Client has any questions
about t e services performed for the charges for those services as reflected on the
invoice. Client waives any and all challenges to the services performed and the
charge for those services not raised within said ten (10) day timeframe. All
10
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
invoices hall be due and payable in full within fourteen (14) days from the date of
the invoi e. All unpaid balances that remain unpaid after fourteen (14) days from
the date f the invoice shall be subject to interest on the unpaid balance at the rate
of 1.5% er month.
All outs andin invoices shall be paid in full by Client prior to plan submittal
to any p rmitting agency, preparation of Final Plans for building purposes,
Final R cording of Record Plat, and/or Final Certification of Completion to
state a d local agencies. BESH shall have no obligation under this
Agreem nt to submit or prepare any of the foregoing materials unless and
until Cli nt complies with this requirement. In addition, in the event that any
balance remains unpaid for at least 45 days from the date of the invoice which
include the unpaid balance, BESH shall have the right to terminate any and
all furth r work on the project until Client has paid said balance in full.
111. MISCELLANEOUS
A. FORCE IMAJEURE:
BESH hall not be liable for any delays or failure in performance due to
conting ncies beyond BESH's reasonable control including, without limitation, acts
of God, ar, fire, explosion, flood, epidemic, severe weather, earthquake, rainstorm,
riots, th ft, accidents, strike, work stoppage, acts or regulations of a governmental
entity, s hortages of vehicles, fuel, power, labor or material, delays of other
compan es or contractors, or any other causes whatsoever whether similar or
dissimil r to those previously enumerated. In the event of delay caused by any of
the fore oing, BESH's time for performance shall be extended for such time as may
be yeas nably necessary to enable BESH to perform.
B. LIMITA ION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL BESH BE LIABLE FOR ANY SPECIAL,
INCIDE TAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHO T LIMITATION LOST PROFITS, LIQUIDATED DAMAGES, DELAYS,
LOSS F PRODUCTIVITY, INEFFICIENCY, LOSS OF GOOD WILL, OR ANY
OTHER DAMAGES WHICH ARE SPECIAL, INCIDENTAL, INDIRECT OR
CONSE UENTIAL. THE LIABILITY OF BESH TO CLIENT, FORANY CAUSE OR
COMBI ATION OF CAUSES ARISING OUT OF OR RELATED TO THIS
AGREE ENT, SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE
COMP NSATION PAID BY CLIENT TO BESH PURSUANT TO THIS
AGREE ENT.
C. ENTIRE AGREEMENT:
This Ag Bement constitutes the entire agreement between BESH and Client and
superce es any and all prior or contemporaneous understandings, representations
and agr ements, oral or written. No amendment, modification or waiver hereof will
11
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara R'chardson, P.E., City Engineer, City of Clermont
DATE: February 8, 2010, revised March 16, 2010
be bindin on BESH unless made in writing and duly executed by an authorized
re~resen ative of BESH.
D. WAIVE
The failu a of BESH to enforce any provision of this Agreement or to exercise any
right acc uing through the default of the Client hereunder, shall not constitute a
waiver o any other rights of BESH with respect to this Agreement.
E. COSTS D ATTORNEY'S FEES:
In the ev nt of any litigation to enforce the terms of this Agreement, BESH shall be
entitled t recover court costs and reasonable attorney's fees for all proceedings,
including at the trial court level, on appeal, and in connection with bankruptcy court
proceedi gs. In the event that BESH retains the services of an attorney to collect
from Cli nt any sums due hereunder, BESH shall be entitled to recover from Client
all fees nd costs incurred with said attorney, whether suit is brought or not.
F. GOVER ING LAW; VENUE:
This Agr ement shall be governed by and construed under the laws of the State of
Florida. enue for any proceeding based upon this Agreement shall lie exclusively
in the st to court of competent jurisdiction in Lake County, Florida.
G. SEVE BILITY:
If any pr vision of this Agreement is held invalid or otherwise unenforceable, the
enforce bility of the remaining provisions shall not be impaired thereby but rather
this Agr ement shall be construed as if not containing the particular invalid or
unenfor eable provision or provisions and the rights and obligations of the parties
shall be onstrued and enforced accordingly.
12
PROJECT: 3RD Street Improvements and Community Building Site Plan, Clermont, Florida
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: February 18, 2010, revised March 16, 2010
AUTHORIZATION TO PROCEED
To acknowledge your <
(consisting of the Propo;
this Authorization to Prc
Client's authorization to I
the Authorization to Prop
receipt of the executed ~
printing and similar expe
the date of this proposal
(90) days, BESH reserve
cost figures set forth her
ROPOSAL FOR ENGINEERING SERVICES
DESCRIBED IN THE ATTACHED PROPOSAL
reement with the terms and conditions set forth in this Agreement
I for Services, the Terms and Conditions, the Hourly Rate Schedule and
sed), and to provide Booth, Ern, Straughan & Hiott, Inc. (BESH) with
~ceed with the work described in the Agreement, please fill out and sign
led below and return it to our office. We will schedule the work upon
thorization to Proceed. The contract prices, hourly rates, and costs for
ses set forth in this Agreement shall be valid for ninety (90) days from
If this Agreement is not accepted by Client within said period of ninety
the right to modify any and all of the contract prices, hourly rates and
n.
Retainer Amount: $ N~A
THIS PROPOSAL/AGR
Booth, Ern, Straughan
Signature
~~
ENT ACCEPTED THIS ~ DAY OF ,~i , 2010.
By: Duane K. Booth, P.E.
Title: Principal
Client
Signat
By: ~Q~old S. `~urvi Ile, ~~.
Title: ~~~,~
H:\amy\WordPerfect-9.O1Proposals\City oh Clermont\3rd Street Improvements\BESH -Proposal REVISED 3-16-2010.wpd
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