2010-19 BOOTH IE RBI STiRAUCSHAN H I OTT
VIA EMAIL pdav AND U.S. MAIL
May 11,2010
Preston Davis
City of Clermont
685 W. Montrose Street
Clermont, Florida 34711
RE: PROPOSAL/AGREEMENT FOR JAYCEE BEACH. CLERMONT. FLORIDA
Dear Mr. Davis:
Enclosed please find our proposal for surveying services necessary to complete the above -
referenced project, as requested.
Booth, Ern, Straughan & Hiott, Inc., is committed to providing a quality service at a
reasonable price. We look forward to serving you this year, and into the future. Should
you have any questions with regards to this matter, please feel free to contact our office.
Sincerely,
BOOTH, ERN, STRAUGHAN & HIOTT, INC.
Kaye : . S.M.
Survey Manage
kjameson c(�.besandh.com
KMJ \am
Enclosure
H: \Brooke \Word Perfect\Pam's proposals \City of Clermont\City of Clermont Jaycee Beach - Submittal Letter 5- 11- 2010.wpd
ENGINEERS • SURVEYORS • LAND PLANNERS
350 North Sinclair Avenue • Tavares, Florida 32778
Phone: 352.343.8481 • Fax: 352.343.8495
E -Mail: Info @besandh.com • www.besandh.com
SURVEYING SERVICES PROPOSAL /AGREEMENT
FOR
JAYCEE BEACH
CLERMONT, FLORIDA
SURVEYORS: CLIENT:
Kaye M. Jameson, P.S.M., Survey Manager Preston Davis
BOOTH, ERN, STRAUGHAN & HIOTT, INC. City of Clermont
350 North Sinclair Avenue 685 W. Montrose Street
Tavares, Florida 32778 Clermont, Florida 34711
(352) 343 -8481 - Phone (352) 241 -7335 - Phone
(352) 343 -8495 - Fax (352) 394 -2379 - Fax
pdavis @clermontfl.orq
PROJECT: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 2010
SURVEYING SERVICES PROPOSAL /AGREEMENT
Booth Ern Straughan & Hiott, Inc. (BESH) is pleased to submit the following Scope of
Services.
TASK I SPECIFIC PURPOSE SURVEY
Update the previous Specific Purpose Survey which details the location, contours of the
shoreline and bottom, appurtenances such as sanitary facilities, nearby boat
docks /mooring facilities, diving or slide facilities, and pertinent details from the sanitary
survey. Survey will be prepared in compliance with Chapter 61G17 -6 FAC.
FEE: $1,275
DELIVERABLES: Six copies of signed and sealed survey will be provided.
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PROJECT: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 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 TFSTIMONY PROFFSSIONAI FNGINFFR $3DO on /Hot JR
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
FXPFRT TFSTIMONY PROFFSSIONAI SI JRVFYOR $3Ofl nn/Hot JR
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PROJECT: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 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
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 %x11 $0.10
8 %x14 $0.15
11 x 17 $0.20
Color Copies
8 %x11 $1.20
8 $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: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 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
City 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, at Client's expense, 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, at Client's expense, 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: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 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 31S 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.
11. 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 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.
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PROJECT: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 2010
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 semi - monthly (twice per month) 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 I I.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
fourteen (14) days from the date of the invoice. All unpaid balances that remain unpaid
after fourteen (14) days from the date of the invoice shall be subject to interest on the
unpaid balance at the rate of 1.5% per month.
All outstanding invoices shall be paid in full by Client prior to plan submittal to any
permitting agency, preparation of Final Plans for building purposes, Final Recording
of Record Plat, and /or Final Certification of Completion to state and local agencies.
BESH shall have no obligation under this Agreement to submit or prepare any of the
foregoing materials unless and until Client 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 included the unpaid balance, BESH shall have the right to
terminate any and all further work on the project until Client has paid said balance
in full.
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•
PROJECT: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 2010
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,
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 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.
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PROJECT: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 2010
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.
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.
Page -9-
PROJECT: Jaycee Beach, Clermont, Florida
CLIENT: Preston Davis, City of Clermont
DATE: May 11, 2010
AUTHORIZATION TO PROCEED
PROPOSAL FOR SURVEYING 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 /c7-DAY OF /VIOA, , 2010
Booth, Ern, Straughan & Hiott, Inc. Client
Signature Signature / 1 n
By: Kaye . eson, P S. . By: cc 0 15
Title: Survey Manager Title: Rc1tCE5 Tz..
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