2012-69 q_? i t ■
CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT
FOR
ENTRY FEATURE TO CITY OF CLERMONT DOWNTOWN
CLERMONT, FLORIDA
Engineer: Client:
Duane K. Booth, P.E., Principal Tamara Richardson, 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
duaneboothabesandh.com trichardsonclermontfl.orq
PROJECT Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT. Tamara Richardson, P E., City Engineer, City of Clermont
DATE July 19, 2012, revised September 19,2012
CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT
Booth Em Straughan&Hiott, Inc. (BESH)is pleased to submit the following Scope of Work.
To coordinate with the City of Clermont Downtown Partnership and prepare final design
documents for the construction of an Gateway Sign to the City of Clermont Downtown at the
intersection of S.R. 50/8th Street.
SCOPE OF SERVICES:
TASK I FINAL DESIGN AND PERMITTING
Final design of Gateway Sign based upon approved Concept Design provided by the
City of Clermont includes:
A. Final Site design and layout showing setbacks to right of way, location of
signage, elevations, grading, and structural design of wall features. Provide
adequate details and specifications for materials,construction,and finishes for
the Gateway Sign.
B. Meet with stakeholders to review 60% design drawings. This meeting will
allow stakeholders to approve or make minor changes to the design before
proceeding to 100% design documents.
C. Upon completion of review and input on 60% design documents, BESH will
proceed with completing the 100% design documents and specifications.
D. The City will receive twoy(2)hard copies and two(2)CD's of all documents and
specifications for"use in bidding and construction.
E. BESH will submit application and plans for construction of the Gateway Sign
to the City of Clermont Building Department.
FEE $5,500.00
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PROJECT. Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT. Tamara Richardson, P.E , City Engineer, City of Clermont
DATE. July 19, 2012, revised September 19,2012
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
1. Survey
2, Lighting Design
3. Bidding
4. Construction Management
5. Landscaping/Irrigation Design
6. City will provide a conceptual design of the signage requested based upon
meetings and input with the Downtown Partnership
7. Reimbursables to be billed based upon direct expense incurred by Booth, Em,
Straughan&Hiott,Inc.,blueprints,copies,mylars,reproductions,postage,etc.
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PROJECT: Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT: Tamara Richardson, P E , City Engineer, City of Clermont
DATE July 19, 2012, revised September 19,2012
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 $300 OO/HOl1R
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 SURVFYOR $300 Of)/HOUR
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PROJECT: Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT Tamara Richardson, P E., City Engineer, City of Clermont
DATE: July 19, 2012, revised September 19, 2012
All printing for this project shall be billed out plus the following rate schedule, lus 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 %2x14 $0.15
11 x 17 $0.20
Color Copies
p es
8 '/2x11 $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
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PROJECT: Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT. Tamara.Richardson, P.E , City Engineer, City of Clermont
DATE. July 19,2012, revised September 19,2012
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 n calculations,and electronic media
performed by BESH pursuant to this Agreement
that result from engineering services p y p 9
are and at all times shall remain the property of BESH. Upo n 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' Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT: Tamara Richardson, P.E., City Engineer, City of Clermont
DATE. July 19,2012, revised September 19,2012
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 318`
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.
II. 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. Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT: Tamara Richardson, P E., City Engineer, City of Clermont
DATE July 19,2012, revised September 19, 2012
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 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
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PROJECT- Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT- Tamara Richardson, P E , City Engineer, City of Clermont
DATE July 19, 2012, revised September 19,2012
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.
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
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PROJECT Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT Tamara Richardson, P E., City Engineer, City of Clermont
DATE July 19, 2012, revised September 19,2012
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.
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PROJECT Entry Feature to City of Clermont Downtown, Clermont, Florida
CLIENT Tamara Richardson, P E , City Engineer, City of Clermont
DATE- July 19, 2012, revised September 19,2012
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 alk DAY OF l bei, 2012
Booth, Em, Straughan & Hiott, Inc. Client
Signature �k�� Signaturapt'
9'- -ice
By Duane K Booth, P.E By Ha(O`d,s. ((,«U;Ike, 1r.
Title: Principal Title r`(,a„ac
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