2011-63 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT
FOR
CITY OF CLERMONT
LAKE COUNTY, FLORIDA
FOR
WATER AND SEWER UTILITY RELOCATIONS
S.R. NO. 50, FINANCIAL PROJECT ID 238 - 429- 3 -52 -01
ENGINEERS: CLIENT:
BOOTH, ERN, STRAUGHAN & HIOTT, CITY OF CLEMRONT
INC. 685 West Montrose Street
350 North Sinclair Avenue Clermont, Florida 34711
Tavares, Florida 32778 (352) 241 -7335 - Phone
(352) 343 -8481 - Phone (352) 394 -2379 - Fax
(352) 343 -8495 - Fax Contact: Tamara Richardson, P.E., City
Contact: Duane K Booth, P E., Principal Engineer
duaneboothebesandh com trichardsonc clermontfl.orq
jkinzler @clermontfl.orq
sbrunsoneclermontFl orq
1 '11
PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT
SCOPE: Booth, Ern, Straughan & Hiott, Inc , is pleased to submit this proposal for the S R No 50
F D 0 T Utility Relocation Project The scope of the project includes the design and
permitting for the relocations of existing water and sewer improvements in conflict with
proposed F D 0 T roadway improvements Permitting will be with both the F D 0 T and
the Florida Department of Environmental Protection We understand that the City will not
enter into a Joint Participation Agreement (JPA) with F D 0 T , and that the City will
negotiate construction of the improvements with the F D 0 T design build contractor
Electronic plans for the proposed F D 0 T improvements must be provided by C3TS, PA
in a timely manner, in Autocad format, for the design plans for the City utility relocations to
be prepared
TASK 1 DISTRIBUTION SYSTEM DESIGN AND PERMITTING (WITHIN S.R. NO. 50
AND U.S. HWY. 27 RIGHT -OF -WAY)
Prepare detailed design drawings for the construction of the utility relocations and upgrades
as identified to avoid conflicts with proposed improvements anticipated by the F D 0 T
The scope of these services shall be design and permitting for relocations as identified by
the City based on the proposed F D 0 T roadway improvements shown on the plans
provided by C3TS, PA, the F D 0 T Design Engineer Work will include the following
1 Attend one (1) meeting with F D 0 T and C3TS, PA for utility coordination
2 Attend one (1) meeting with City of Clermont for utility relocate coordination
3 Conduct one (1) Field review with City of Clermont
4 Prepare design drawings for utility relocations (water and sewer) as necessary to
avoid conflicts with F D 0 T proposed roadway improvements, as shown on the
plans provided by the C3TS, PA/F D 0 T dated 8/8/2007 Plans shall be prepared
in accordance with Chapter 27 "Utility Joint Participation Agreement Plans" of the
F D 0 T Plans Preparation Manual, Volume 2, January 1, 2009
5 Prepare the FDEP water and sewer system permit applications
6 Prepare the FDOT Utility Permit application
7 Coordinate with F D 0 T and C3TS on final water and sewer utility locations
8 Plans will include Cover Sheet, Plan View Utility Adjustment sheets, Profile View
Utility Adjustment sheets, Utility Adjustment Details and Clermont Standard Notes
Plans will be prepared on 11 x 17 paper size, matching C3TS cut sheets
Specific utility adjustments or modifications for this scope are generally described as
follows
1 Bloxam Avenue - relocate existing 6" water main east side to tie into 12" water main
north and south of S R 50 Adjust fire hydrant locations
2 New 8" gravity sewer line west side of Millholland Avenue starting at Sta 31 +4,
north of S R 50 and tie into existing manhole at Minneola Avenue approximately
250 feet south of S R 50
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e ,
PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
3 New 8" DIP water main crossing S R 50, east side of Grand Highway Sta
1293 +90
4 Remove and replace existing 6" A/C water main east side of U S 27 from Sta
776 +00 (Grand Highway) to Sta 784 +00 (Hooks Street)
5 Remove existing 6" water main and replace with 12" DIP water main crossing U S
27 at Sta 1814 +30
6 Relocated Fire Hydrant Sta 1292 +80 left and place out of service existing water
main Sta 1290 +20 to Sta 1292 +80 left
FEE: $27,410.00
Note B E S H will be provided design files from C3TS, PA, which shall be saved to Autocad
format for our design All electronic deliverables to the City shall be in pdf or ACAD format
Deliverables B E S H will provide the City with three (3) signed and sealed Construction Plans
at 90% and 100% along with ACAD file on cd B E S H will also provide necessary
copies for permits with F DOT and F D E P The City is responsible for permit
fees
- - • - • • - - (DELETED)
_ ; ; _ :; _ • o _ •_
• . . _ . • .
PaYment
FEE: DELETED
SUMMARY FEE SCHEDULE
TASK I $ 27,41 00
TASK II $ DELETED
TOTAL 1 $ 27,410.00
NOTE: Please see attached B.E.S.H Final Design and Fee Summary Breakdown
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
1 Environmental Assessments
2 Geotechnical Investigations
3 NPDES Permitting (handled by Contractor)
4 Advance of permit fees, impact fees, title search fees, recording or advertising fees
5 Prices do not include redesign necessitated by changes requested by F D 0 T or C3TS,
PA following permitting of the project Any required changes will be negotiated in a change
order to the contract
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PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
HOURLY RATE SCHEDULE
(2011)
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 PRQFFSSIONAI FNC,INFFR $300 00 /HC)l 1R
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 PRC)FFSSIONAI SI IRVFYOR $300 00 /HO1 IR
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PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
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'A2 x 11 $0 10
8'/2 x 14 $0 15
11 x 17 $0 20
Color Copies
8'h x 11 $1 20
8'/2x14 $145
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
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PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
TERMS AND CONDITIONS
I. 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 ( "B E S H ") 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 Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
D. FEE RENEGOTIATION:
The Proposal for Services describes the specific services to be performed and tasks to be
undertaken by B E S H 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 B E S H 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 B E S H and Client If any of said regulations
change during the permitting and design phase of this project, B E S H reserves the right
to increase fees for services that may be affected by regulatory changes upon written notice
to the Client
F. PERMIT ACQUISITION
B E S H cannot guarantee the acquisition of any or all of the permits and /or approvals that
shall be required for Client's project B E S H 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 B E S H 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:
B E S H shall be fully compensated by Client for all additional services performed by
B E S H , 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 B E S H
is obligated to perform the revised scope of services In the absence of a Change
Order executed by Client, B E S H shall proceed according to the original scope of
services as set forth in this Agreement Notwithstanding the foregoing, B E S H
may choose to proceed with a Client- requested change in scope of services despite
the absence of a Change Order signed by Client If B E S H performs the
requested change in scope of services, B.E S H shall be entitled to full
Page -7-
PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
compensation from Client based on the prevailing prices or the hourly rates charged
by B E S H for such services at the time that B E S H 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 B E S H , B E S H shall be reimbursed
for all out -of- pocket expenses incurred by B E S H , 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 B E S H '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 B E S H
C. PAYMENT:
B E S H shall submit invoices to Client on a semi- monthly (twice per month) basis On
each invoice, B E S H 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 B E S H 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 B E S H
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
B E S H pursuant to said task has been changed and the compensation to be paid to
B E S H has been modified pursuant to Section II A of these Terms and Conditions,
B E S H will continue to perform its services under that task without additional charges for
its services until B E S H has performed all work required by that task Client shall notify
B E S H 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
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.
B.E.S.H. 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, B.E.S.H. shall have the right
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PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
to terminate any and all further work on the project until Client has paid said balance
in full.
III. 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
Page -9-
PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
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 Ile 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
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PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238- 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
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 (B E S H) 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, B E S H 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 PROPOSAL /AGREEMENT ACCEPTED THIS 11 DAY OF +fir, 2011
Booth, Ern, Straughan & Hiott, Inc. Client
Signature Signatur'�.� 0,
By Duane K Booth, P E By NQ� S. Turl I \ 1e_, - SC.
Title Principal Title m*Or
Page -11-
PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011
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 B.E.S H. 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 0 \Proposals \City of Clermont \SR No 50 Water & Sewer Utility Relocations \BESH Proposal revised 9 -21 -11 wpd
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