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2013-09 rant BOOTH ERN STRAUGHAN H I OTT • VIA EMAIL trichardson@clermontfl org AND U S MAIL February 5, 2013 Tamara Richardson, P E City Engineer City of Clermont 685 W Montrose Street Clermont, Florida 34711 RE PROPOSAL/AGREEMENT FOR ENTRANCE SIGN TO HISTORICAL DOWNTOWN, CLERMONT, FLORIDA Dear Ms Richardson Enclosed please find our proposal for civil engineering 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 Duane K Booth, P E Principal duanebooth @besandh com DKB am Enclosure H\amy\WordPerfect-9 o\Proposals\City of Clermont\Entry Feature Downtown\Entrance Sign to Historical Downtown\BESH Proposal Submittal Letter 2-5-13 wpd ENGINEERS •SURVEYORS • LAND PLANNERS �® 350 North Sinclair Avenue • Tavares, Flonda 32778 Phone 352 343 8481 • Fax 352 343 8495 E-Mail Info @besandh corn • www besandh corn CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT FOR ENTRANCE SIGN TO HISTORICAL 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 duanebooth @besandh corn trichardson cr clermontfl orq PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT SCOPE OF WORK: To provide engineering and architectural services from concept through construction of an island entrance sign to the Historical Downtown area for the City of Clermont Sign is to be located at the intersection of 8th Street and State Road 50 SCOPE OF SERVICES: Detailed scope of services is itemized in the follow tasks and attached proposal prepared by GatorSktch TASK I ENGINEERING City of Clermont to supply survey of right-of-way, topography and utility locates BESH will attend kick off meeting with City and GatorSktch Conduct on site meeting with GatorSktch to discuss locations of sign and obstacles Attend City Council Workshop once the two (2) architectural concepts are developed to obtain feedback from Council Prepare site plan based upon chosen concept and feedback Site plan will include site geometry, site grading, water service for irrigation and electrical control panel location BESH will coordinate with power company for service to electrical panel Meet with City Staff at 50% and 90% design for City review and comments FEE: $4,300.00 TASK II PERMITTING BESH will submit site plan to City Planning Department for Site Plan Review, attend TRC, and respond to City comments Coordinate with FDOT for signage and landscape components located within FDOT right-of-way Submit plans to FDOT for review and respond to any questions from FDOT City will be required to modify an existing Maintenance Agreement or create a new agreement based upon impact and FDOT final review FEE: $2,000.00 2 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 TASK III PROJECT BIDDING 100% signed and sealed engineering and architectural plans will be given to the City in electronic pdf format for project bidding by the City BESH will assist the City with any request for additional information (RFI)or questions from bidders FEE $580.00 TASK IV POST DESIGN SERVICES Once project is awarded to a contractor, BESH will review shop drawings and make three (3) visits to the site during construction FEE: $1,740.00 TASK V ARCHITECTURAL SERVICES Architectural, landscape, irrigation, and electrical design to be provided by GatorSktch See attached proposal (Exhibit A) prepared by GatorSktch for full scope of architectural services FEE: $10,030.00 TASK 999 REIMBURSABLES Reimbursables to be billed based upon direct expense incurred by Booth, Ern, Straughan & Hiott, Inc , blueprints, copies, mylars, reproductions, postage, etc FEE: $2,000.00 BUDGET (TO BE BILLED ACTUAL COST) THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS: 1 Survey Services 2 Geotechnical Investigation 3 Permit Fees 3 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 HOURLY RATE SCHEDULE (2013) 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 BUILDING INSPECTOR $65 00/HOUR CONSTRUCTION ENGINEER $85 00/HOUR FXPFRT TESTIMONY PROFFSSIONAI FNGINFFR $300 00/HOUR 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 $95 00/HOUR FXPFRT TESTIMONY PROFFSSIONAI SURVEYOR $300 00/HOI JR 4 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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 '/2 x 11 $0 10 8 '/2 x 14 $0 15 11 x 17 $0 20 Color Copies 8 '/2 x 11 $1 20 8 % x14 $145 11 x 17 $1 70 Other Printing Services 24x36 Vellum $900 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 5 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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 ("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 6 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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 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 7 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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 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 8 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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. 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 9 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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 10 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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 $ NM-- THIS PROPOSAL/AGREEMENT ACCEPTED THIS 4 DAY OF re b. , 2013 Booth, Ern, Straughan & Hiott, Inc. Client Signature . Signature By By rQrokd S.TurIAIle , 3r. Title Title rnatiOr 11 PROJECT Entrance Sign to Historical Downtown, Clermont, Florida CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 5, 2013 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 0\Proposals\City of Clermont\Entry Feature Downtown\Entrance Sign to Historical Downtown\BESH-Proposal 2-5-13 wpd 12 EXHIBIT A 4GatorSktch ICORPORATION • January 18, 2013 Booth, Ern, Straughan and Hiott, Inc Duane Booth 350 North Sinclair Ave Tavares, Florida 32778 PROPOSAL FOR PROFESSIONAL SERVICES GatorSktch Corporation Architects of Clermont Florida is pleased to provide this proposal for Concept thru Construction phase services in response to your request of replacement of the island Entrance Sign to the Historical Downtown area for the City of Clermont per your email dated on December 18th 2012: The following task items. 1. Attend kick off meeting with BESH and City Staff. 2. Site meeting for GSC design team to visit proposed sites after survey data is collected and provided to GSC. 3. To create (2) concept sketches of the proposed Type A (large scale gateway entrance sign over all lanes of 8th street at the intersection of highway 50). This is used to initiate direction with city staff, and other stakeholders for concept drawings to be shown to City Council at a workshop for the purpose of obtaining a feed back for the two concept designs. 4. Use City council's feed at the work shop to develop Construction documents. 5. Prepare Construction documents (specifications will be included on the drawings) that include architectural, structural, electrical, landscape and irrigation designs. There will be a meeting with City Staff at 50% design and 90%design. 6. Submit construction documents for permitting into the Building Department on behalf of the City in order to respond to any comments and create final bid set of documents (The successful bidder -GC- will pickup the permits under their license). 7. Construction phase services will include three site visits and two construction meetings. 1295 West Highway 50 •Suite B•Clermont, FL 34711 •407.608 5677 office • 8B8 599.4814 fax www gatorsktch corn Registered Architects AA-26002310 ci Page 2 ARCHITECTURAL SERVICES SCOPE OF SERVICES: GatorSktch Corporation Architects shall provide Concept design services identified for the above project. Architectural creative design services are included in the basic services of this proposal. The following professionals design firms have been selected as your primary design team: Architecture, Structural, Electrical and Landscape design. GatorSktch Corporation Architects 1295 W. Highway 50, Suite B Clermont, Florida 34711 Michael Latham, A.I.B.D., Project Manager, mblatham @gatorsktch.com Telephone 352-608-5677 Website www.gatorsktch.com SCHEDULE OF SERVICES Architectural and Engineering Basic Services: 1. Kick off meeting 1 Week 2. Concept Sketches 2 Weeks 3. Council Workshop 1 Week 4. Schematic Design 2 Weeks 5. Council Meeting for approval of Sch. Design 1 Week 6. Construction Documents 3 Weeks 7. Permitting 2 Weeks 8. Bidding (by the City Staff) TBD 9. Construction Phase Services 8 Weeks Total Project Time 20 Weeks BASIS OF COMPENSATION Architectural and Engineering Basic Services: Professional fees are proposed as a stipulated sum of Three Thousand, Dollars ($3,000.00)based on the scope of the projects defined in this proposal. A. Task 1: $ 270.00 B. Tasks 2 & 3: $ 1300.00 C. Task 4: $ 135.00 D. Task 5: $ 6835.00 E. Task 6: $ 500.00 ci Page 3 F. Task 7: $ 990.00 Total -Architectural Services - $10,030.00 Hourly Rates for Additional Services: (with prior approval of the Owner) A. Principal Architect/ Engineer $ 165 per hour B. Project Architect/Engineer $ 125 C. Project Manager $ 120 D. Design Architect / Engineer $ 110 E. Interior Designer $ 110 F. Technical Drafting $ 75 G. Administrative $ 50 H. Graphical Computer Time $ 50 REIMBURSABLE EXPENSES Expenses incurred by the architect, his staff and consulting engineers in the interest of the project are in addition to the fees for services, and are to be reimbursed to the architect. Expenses which are considered reimbursable on this project include plotting and reproduction of documents for Owner's review / special use, permitting, bidding and construction, shipping of documents and submittals during construction, and travel expenses when incurred in the interest of the project, and with the Owner's approval. All other expenses, including telephone, FAX and postage are included in the fee for basic services. Reimbursable expenses have a 1.1 multiplier. • ci Page 4 QUALIFICATIONS Fees quoted herein are presented with the following qualifications: 1. This proposal includes the services of architects, structural & electrical engineers, Landscape architects. 2. Sales tax on professional services, if imposed by Florida state authorities, shall be in addition to the professional fees stated herein. 3. These services do not include the services of any other consult. We thank you again for this opportunity to provide this proposal for this exciting project. We value your business and look forward to a very successful project. Please contact us if you have any questions. Sincerely, GATORSKTCH CORPORATION ARCHITECTS Michael Latham, A.I.B.D. President Please visit us at www.GatorSktch.com Owner approval: -I a-ao13 '" ignature Date f ctrotd 5•-rury \C'. , Sr Print