2010-36 •
CIVIL ENGINEERING SERVICES PROPOSAL /AGREEMENT
FOR
HOOKS STREET DRAINAGE IMPROVEMENTS
CITY OF CLERMONT, FLORIDA
Engineer: Client:
Duane K. Booth, P.E. Tamara Richardson, P.E., City Engineer
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
tamararichardson !Wlermontfl.orq
• PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: • Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 2010
PROPOSAL FOR SERVICES
SCOPE OF SERVICE:
Booth Em Straughan & Hiott, Inc. (BESH) is pleased to submit the following Scope of
Services. -
TASK I COST / BENEFIT ANALYSIS OF TREATMENT POND VERSUS
•
TREATMENT POND & INFILTRATION TRENCH
Review reports and analysis as generated by the Lake County Water Authority,
Lake County, and City of Clermont for the collection and treatment of stormwater
from Hooks Street between U.S. 27 and Lake Shore Drive, Clermont, FL. Look
at alternatives for stormwater treatment to be contained within the existing right
of way and five (5) parcels on the west side of Sunset Lane. Alternative
stormwater treatment systems shall include exfiltration system only, retention •
with exfiltration system, underground retention system, and stormwater
pretreatment structure with exfiltration trench. Prepare preliminary calculations
on amount of stormwater treatment achieved by each alternative. Based upon
preliminary stormwater calculations, select the top three (3) alternatives to
quantify stormwater treatment to include amount of nitrogen and phosphorus
removal. Prepare inlet and pipe model to identify number of inlets and pipe sizes
and prepare an engineers estimate of probable cost for the three (3) alternatives.
Conclusion of the report will compare cost and benefit for three (3) stormwater
collection and treatment systems.
•
FEE $9,600.00
• TASK 999 REIMBURSABLES
Blueprints, copies, mylars, reproductions, postage, etc.
• FEE $200.00 (BUDGET)
NOTE: Reimbursables to be billed based upon direct expense incurred by
Booth, Ern, Straughan & Hiott, Inc.
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
.1. Surveying Services
2. Environmental Assessments
3. Geotechnical Investigations
4. Permittirig
5. Sketch and Descriptions
2
•
•
• • PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 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
• : 14 O •:• •L. L ► I , 1111 .• :
SURVEYING
PROFESSIONAL SURVEYOR (PRINCIPAL) $145.00/HOUR
PROFESSIONAL SURVEYOR $85.00 /HOUR
3 MAN FIELD CREW $100.00 /HOUR
2 MAN FIELD CREW $85.00 /HOUR
CREW UTILIZING GLOBAL POSITIONING SYSTEM $110.00 /HOUR
SURVEY TECHNICIAN I $75.00 /HOUR
SURVEY TECHNICIAN II $50.00 /HOUR
SURVEY TECHNICIAN III $30.00 /HOUR
TITLE RESEARCHER $85.00 /HOUR
FXPFRT TFSTIMONY PROFFSSIONAI SI JRVFYOR 4300 00/H01 1R
•
3
•
PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 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'/2x11 $0.10
8'/2x14 $0.15
11 x 17 $0.20
•
Color Copies
81x11 $1.20
8 '/2 x 14 $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
•
4
•
•
• PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
• CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 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
5
• PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 2010
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.
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 31st 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
6
• PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 2010
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.
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 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 fourteen (14) days from the date of
the invoice. All unpaid balances that remain unpaid after fourteen (14) days from
7
PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
•
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 2010
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.
11I. 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.
s
•
PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: Tamara Richardson, P.E. ; City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 2010
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.
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.
•
•
•
•
s
PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: Tamara Richardson, P E., City Engineer, City of Clermont
DATE: April 7, 2010, revised May 17, 2010
AUTHORIZATION TO PROCEED
PROPOSAL FOR CIVIL 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 )�1 DAY OF, 2010.
Booth, Ern, Strauqhan & Hiott, Inc. Client
Signature Signature S
By: By: J \ctr'01cj S. - rt;t J /i /L"
Title: Title: / \)\gi6`r
•
10
•
PROJECT: HOOKS STREET DRAINAGE IMPROVEMENTS, CLERMONT, FLORIDA
CLIENT: Tamara Richardson, P.E,, City Engineer, City of Clermont
. DATE: April 7, 2010, revised May 17, 2010
CLIENT INFORMATION FORM
To assist Booth, Ern, Straughan & Hiott, Inc., to prepare the requested proposal, please
complete the information below:
PRINT NAME & TITLE:.
COMPANY NAME:
BILLING ADDRESS:
•
PHONE:
FAX:
E -MAIL:
DATE:
CLIENT REPRESENTATIVE:
•
IS CLIENT THE OWNER OF THE SUBJECT PROPERTY ?:
YES:
NO:
(If no, Booth, Ern, Straughan & Hiott, Inc., reserves the right to require a retainer prior to
commencing services.)
Is the property accessible? If gated /locked, who shall BESH contact to gain access to the
property?
NAME AND PHONE NUMBER:
I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE:
H :\amy\WordPerfect- 9.01Proposals \City of Clermont \ Hooks Street \BESH - Proposal revised 5- 17- 2010.wpd
11