2010-16 CIVIL ENGINEERING SERVICES PROPOSAUAGREEMENT
FOR
WEST PARK RENOVATIONS
CITY OF CLERMONT
Engineer: Client:
Duane K. Booth, P.E. Tamara Richardson
BOOTH, ERN, STRAUGHAN & HIOTT, INC. CITY OF CLERMONT
350 North Sinclair Avenue 685 West Montrose Street
Tavares, Florida 32778 Clermont, Florida 34711
(352) 343 -8481 Phone (352) 241 -7335 - Phone
(352) 343 -8495 Fax (352) 394 -2379 - Fax
trichardsonCa)clermontfl.orq
PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
SCOPE OF SERVICE:
Prepare site plan and building plans for construction of a little league baseball fields, one (1) practice
field, parking lot, concession stand with storage area, stormwater management system, and utilities
based upon conceptual prepared bu the City of Clermont.
TASK 001 SURVEY SERVICES
A. Stake boring locations for stormwater ponds and SPT boring for concession
stand. ($375.00)
B. Survey wetland line (only required if St. Johns River Water Management
District moves the location as currently flagged and surveyed. ($1,800.00)
C. Prepare sketch and legal for conservation easement. ($400.00)
FEE: $2,575.00
Note: Boundary, Topographic & utility Survey already performed by Rhoden Survey
for the City.
TASK 002 GEOTECHNICAL INVESTIGATION
Perform three (3) 15 foot deep borings to classify soil parameters and make
recommendations for stormwater design and one (1) boring within the proposed
concession stand to determine soil testing capacity and recommendation for
foundation design. See attached proposal prepared by Andreyev Engineering, Inc.
FEE $2,368.75
TASK 003 ENGINEERING SITE PLAN
Prepare final engineering plans to include two (2) little league regulation baseball
fields with fencing and fenced style dugouts, one (1) practice field, parking lot,
stormwater management system and required utilities. Plans shall include all
horizontal geometry, site grading, potable water and wastewater utilities, stormwater
structures, pipes and retention ponds, details for asphalt driving surfaces, stabilized
parking areas, concrete walkways, fencing, ballfield clay, specification, sports
grassings and general ground cover for areas outside ballfields
FEE $19,000.00
TASK 004 PERMITTING
A. Stormwater Permitting
Services to include stormwater design calculations, plans, exhibits and
preparation and submittal of a 40C -42 Permit Application to St. Johns River
Water Management District.
FEE $2,000.00
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
TASK 005 PROJECT ADMINISTRATION
The scope of services shall include administrative services necessary to coordinate
all aspects of the project through the planning, design and permitting phase. These
services shall include project scheduling with all regulatory agencies and public utility
companies (such as phone, power & cable) during the design and permitting phase
of the project, coordination with Architect for Concession, Landscape & Irrigation
design and Musco for ballfield and side lighting design.
FEE: $6,300.00
TASK 006 ARCHITECTURAL, LANDSCAPING & IRRIGATION SERVICES
Services provided by GatorSktch Architects, Inc. See attached proposal.
FEE: $11,360.00
TASK 007 CONSTRUCTION BID DOCUMENTS
Services to include preparation of construction contract bid documents and
specifications. Booth, Ern, Straughan & Hiott, Inc., shall coordinate with all qualified
bidders during the bid process and prepare final bid evaluations with
recommendations to the client. Booth, Ern, Straughan & Hiott, Inc., shall also prepare
final contract documents between the Owner and the Contractors.
FEE: $2,000.00
TASK 008 CONSTRUCTION ADMINISTRATION
All necessary inspections, final certifications and as- builts as required by permit
conditions which consist of the following:
A. Booth, Ern, Straughan & Hiott, Inc., will advise and consult with Owner and act
as its representative during construction. Booth, Ern, Straughan & Hiott, Inc.,
will make bi- weekly visit to the site to observe the progress and quality of the
executed site work and to determine in general if the work is proceeding in
accordance with the construction drawings. Booth, Ern, Straughan & Hiott,
Inc., will review and approve shop drawings, results of tests and inspections
and other data that the contractor is required to submit. Coordinate with
utilities for sleeving, utility design and joint trench for installation of dry utilities.
Based upon the on -site observations and a signed and sealed as -built survey
provided the contractor, Booth, Ern, Straughan & Hiott, Inc., shall prepare
and submit as -built construction drawings and certifications of completions to
the owner and the following State and local agencies as required:
1. St. Johns River Water Management District
FEE: $5,000.00
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
TASK 999 REIMBURSABLES
Blueprints, copies, mylars, reproductions, postage, etc. Reimbursables to be billed
based upon direct expense incurred by Booth, Ern, Straughan & Hiott, Inc. copy of
vendors invoice to accompany billing.
FEE: $1,000.00 (Budget)
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
1. Boundary, Topographic & Utility Survey
2. Environmental Assessments
3. Army Corp. of Engineers Dredge and Fill
4. Monumentation of wetlands
5. Sketch and Descriptions for Conservation Easements.
6. NPDES Permitting
7. Hardscape, Walls, Entry Features
8. Lighting Design (to be performed by Musco)
9. Game and Fish Permit (for threatened or Endangered Species).
10. Advance of permit fees, impact fees, title search fees, recording or advertising fees
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
HOURLY RATE SCHEDULE
(2010)
Professional Services shall be charged at the following rate schedule:
ENGINEERING
PROFESSIONAL ENGINEER (PRINCIPAL) $145.00 /HOUR
PROFESSIONAL ENGINEER $130.00/HOUR
PROJECT ENGINEER $110.00/HOUR
ENGINEER TECHNICIAN I $95.00 /HOUR
ENGINEER TECHNICIAN II $75.00 /HOUR
SENIOR PLANNER - AICP $110.00 /HOUR
PLANNING TECHNICIAN $75.00 /HOUR
CONSTRUCTION ENGINEER $85.00/HOUR
FXPFRT TESTIMONY PROFFSSIONei FNC,INFFR �i3OO OD /HOUR
SURVEYING
PROFESSIONAL SURVEYOR (PRINCIPAL) $145.00 /HOUR
PROFESSIONAL SURVEYOR $110.00 /HOUR
3 MAN FIELD CREW $145.00 /HOUR
2 MAN FIELD CREW $125.00 /HOUR
CREW UTILIZING GLOBAL POSITIONING SYSTEM $150.00 /HOUR
SURVEY TECHNICIAN I $95.00/HOUR
SURVEY TECHNICIAN II $75.00/HOUR
SURVEY TECHNICIAN III $30.00 /HOUR
TITLE RESEARCHER $110.00 /HOUR
: • . s :• •►L : •: 11 11 .• :
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
All printing for this project shall be billed out at the following rate schedule, plus sales tax:
(Outside Copying Services will be billed at cost)
Engineering Bond Copies
q g p
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' /2x 11 $0.10
8' /2x 14 $0.15
11 x 17 $0.20
Color Copies
8' /2x 11 $1.20
8%2x14 $1.45
11 x 17 $1.70
Other Printing 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: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
TERMS AND CONDITIONS
GENERAL CONDITIONS
A. AGREEMENT:
These terms 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 Cify of Clermont ( "Client "). The Proposal for Services,
these terms and conditions, the hourly rate schedule, and the executed authorization
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 to
and on behalf of Client.
B. TERMINATION:
This Agreement may be terminated by either party by furnishing written notice to the
other party at least thirty (30) days prior to the effective date of termination. In the
event that this Agreement is terminated by either party, Client shall pay BESH for all
services performed and expenses incurred through the date of termination.
C. DOCUMENTS:
ENGINEERING DOCUMENTS
All original drawings, computations, details, design calculations, and electronic media
that result from engineering services performed by BESH pursuant to this Agreement
are and at all times shall remain the property of BESH. Upon payment in full for
services completed, Client, may obtain copies of any documents or reproducible
copies of drawings. In doing so, Client agrees that no additions, deletions, changes
or revisions shall be made to any of said documents without the express written
approval of BESH.
SURVEYING DOCUMENTS
All original drawings, computations, details, design calculations, field notes, and
electronic media that result from surveying services performed by BESH pursuant to
this Agreement are and at all times shall remain the property of BESH. Signed and
sealed surveys may be obtained for a period of time up to ninety (90) days after
issuance of the survey, and certifications may be revised during that same period of
time for a fee of $50.00 for each revision. Upon payment in full for services
completed, and within the same period of ninety (90) days, Client may obtain copies
of any documents or reproducible copies of drawings. In doing so, Client agrees that
no additions, deletions, changes or revisions shall be made to any of said documents
without the express written approval of BESH. After ninety (90) days and within one
hundred eighty (180) days following issuance of the survey, BESH will revise
certifications and will visually inspect the subject property for the purpose of reissuing
a signed and sealed survey, charging its then - current hourly rates for performing said
services and reissuing the survey.
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
D. FEE RENEGOTIATION:
The Proposal for Services describes the specific services to be performed and tasks
to be undertaken 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 Agreement, the
contract prices quoted in the Proposal for Services shall remain in effect for 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 Proposal for
Services shall by renegotiated between BESH and Client with respect to all services
and tasks that have not been completed by that date. The hourly rates 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 applicable through December 31
of the year in which this Agreement was executed, and are subject to renegotiation
on January 1 of each year thereafter.
E. REGULATORY REQUIREMENTS:
The contract prices and hourly rates set forth in this Agreement have been quoted
based on all federal, state and local regulations in effect as of the date that the
authorization to proceed work is signed by the latter of BESH and Client. If any of
said regulations change during the permitting and design phase of this project, BESH
reserves the right to increase fees for services that may be affected by regulatory
changes upon written notice to the Client.
F. PERMIT ACQUISITION
BESH cannot guarantee the acquisition of any or all of the permits and /or approvals
that shall be required for Client's project. BESH agrees that it shall exercise its best
efforts try to obtain all of the necessary permits and /or approvals. Nevertheless,
Client shall be responsible for payment of all consulting fees due BESH regardless
of agency /governmental actions, including without limitation the failure of one or more
governmental agencies to give the necessary approval for the project.
I1. COMPENSATION
A. ADDITIONAL SERVICES:
BESH shall be fully compensated by Client for all additional services performed by
BESH, including, without limitation, the following:
1. Changes made at Client's request to the scope of services defined in this
Agreement. Client must sign a separate authorization to proceed form (a
"Change Order') for each change in scope of services requested by Client
before BESH is obligated to perform the revised scope of services. In the
absence of a Change Order executed by Client, BESH shall proceed
according to the original scope of services as set forth in this Agreement.
Notwithstanding the foregoing, BESH may choose to proceed with a Client -
requested change in scope of services despite the absence of a Change
Order signed by Client. If BESH performs the requested change in scope of
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
services, BESH shall be entitled to full compensation from Client based on the
prevailing prices or the hourly rates charged by BESH for such services at the
time that BESH performs the changed scope of services for Client.
2. Revisions made necessary as a result of changes to local, state or federal
governmental requirements after the date of this Agreement.
3. Redesign per Client after preliminary design has been submitted to the
relevant approving agency.
B. OUT - OF - POCKET EXPENSES:
In addition 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
reimbursed for all out -of- pocket expenses incurred by BESH, including, without
limitation: blueprints, copies, plots, aerials, express deliveries, specialized postage,
overnight courier services (such as Federal Express and UPS) and travel outside of
the Central 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 schedule that
is part of this Agreement. All other charges shall be billed to and paid by Client based
on the actual costs incurred by BESH.
C. PAYMENT:
BESH shall submit invoices to Client on a monthly basis. On each invoice, BESH will
bill for its services in accordance with the hourly rate schedule included as part of this
Agreement. The invoice also will identify the task or the tasks from the Proposal for
Services on which BESH performed services during the billing period. If the Proposal
for Services states a lump sum dollar figure for any particular task, the lump sum
amount will represent a "not to exceed" figure for the task in question, and BESH will
continue to bill by the hour for its services on that task until the "not to exceed" figure
has been billed in full. Thereafter, unless the scope of services to be performed by
BESH pursuant to said task has been changed and the compensation to be paid to
BESH has been modified pursuant 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 has performed all work required by that task. Client shall
notify BESH in writing within ten (10) days from the date of the invoice if Client has
any questions about the 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 charges for those services not raised within said ten (10) day
timeframe. All invoices shall be due and payable in full within Thirty (30) days from
the date of the invoice. All unpaid balances that remain unpaid after Thirty (30) days
from the date of the invoice shall be subject to interest on the unpaid balance at the
rate of 1.5% per month.
111. MISCELLANEOUS
A. FORCE MAJEURE:
BESH shall not be liable for any delays or failure in performance due to contingencies
beyond BESH's reasonable control including, without limitation, acts of God, war, fire,
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
explosion, flood, epidemic, severe weather, earthquake, rainstorm, riots, theft,
accidents, strike, work stoppage, acts or regulations of a governmental entity,
shortages of vehicles, fuel, power, labor or material, delays of other companies or
contractors, or any other causes whatsoever whether similar or dissimilar to those
previously enumerated. In the event of delay caused by any of the foregoing, BESH's
Y Y Y
time for performance shall be extended for such time as may be reasonably
necessary to enable BESH to perform.
B. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL BESH BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS, LIQUIDATED DAMAGES, DELAYS, LOSS
OF PRODUCTIVITY, INEFFICIENCY, LOSS OF GOOD WILL, OR ANY OTHER
• DAMAGES WHICH ARE SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL. THE LIABILITY OF BESH TO CLIENT, FOR ANY CAUSE OR
COMBINATION OF CAUSES ARISING OUT OF OR RELATED TO THIS
AGREEMENT, SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE
COMPENSATION PAID BY CLIENT TO BESH PURSUANT TO THIS AGREEMENT.
C. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between BESH and Client and
supercedes any and all prior or contemporaneous understandings, representations
and agreements, oral or written. No amendment, modification or waiver hereof will
be binding on BESH unless made in writing and duly executed by an authorized
representative of BESH.
D. WAIVER:
The failure of BESH to enforce any provision of this Agreement or to exercise any
right accruing through the default of the Client hereunder, shall not constitute a waiver
of any other rights of BESH with respect to this Agreement.
E. COSTS AND ATTORNEY'S FEES:
In the event of any litigation to enforce the terms of this Agreement, BESH shall be
entitled to 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
proceedings. In the event that BESH retains the services of an attorney to collect
from Client any sums due hereunder, BESH shall be entitled to recover from Client
all fees and costs incurred with said attorney, whether suit is brought or not.
F. GOVERNING LAW; VENUE:
This Agreement shall be governed by and construed under the laws of the State of
Florida. Venue for any proceeding based upon this Agreement shall lie exclusively
in the state court of competent jurisdiction in Lake County, Florida.
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
G. SEVERABILITY:
If any provision of this Agreement is held invalid or otherwise unenforceable, the
enforceability of the remaining provisions shall not be impaired thereby but rather this
Agreement shall be construed as if not containing the particular invalid or
unenforceable provision or provisions and the rights and obligations of the parties
shall be construed and enforced accordingly.
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PROJECT: WEST PARK RENOVATIONS, CLERMONT, FLORIDA
CLIENT: Cheryl Parker, Engineer I, City of Clermont
DATE: February 15, 2010; revised April 9, 2010
AUTHORIZATION TO PROCEED
PROPOSAL FOR ENGINEERING SERVICES
AS DESCRIBED IN THE ATTACHED PROPOSAL
To acknowledge your agreement with the terms and conditions set forth in this Agreement (consisting
of the Proposal for Services, the Terms and Conditions, the Hourly Rate Schedule and this
Authorization to Proceed), and to provide Booth, Ern, Straughan & Hiott, Inc. (BESH) with Client's
authorization to proceed with the work described in the Agreement, please fill out and sign the
Authorization to Proceed below and return it to our office. We will schedule the work upon receipt
of the executed Authorization to Proceed. The contract prices, hourly rates, and costs for printing
and similar expenses set forth in this Agreement shall be valid for ninety (90) days from the date of
this proposal. If this Agreement is not accepted by Client within said period of ninety (90) days,
BESH reserves the right to modify any and all of the contract prices, hourly rates and cost figures set
forth herein.
Retainer Amount: $ N/A
THIS PROPOSAUAGREEMENT ACCEPTED THIS DAY OF , -,.1, s r , 2010.
Booth, Ern, Straughan & Hiott, Inc. Client
11 11%
Signature te r--- " Signature
By: Duane K. Booth, P.E. By: A/4 rO) d/ S. T U ^
Title: Principal Title: f) Acy6
H:lamy \WordPerfect- 9.01Proposals \City of ClermontlW est Park Renovations \BESH - Proposal 4-09-2010 - revised 04- 19- 10.wpd
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