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2014-002 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT FOR CITY OF CLERMONT POTENTIAL CDBG STORMWATER IMPROVEMENT PROJECT ENGINEERS: CLIENT: Duane K. Booth, P.E., Principal Stoney Brunson, Public Works BOOTH, ERN, STRAUGHAN & HIOTT, INC. Director 350 North Sinclair Avenue City of Clermont Public Works Tavares, Florida 32778 400 12th Street (352) 343-8481 Phone Clermont, Florida 34711 (352) 343-8495 Fax (352) 394-7177 Phone duaneboothabesandh.com sbrunson@clermontfl.org Cc: Terry Dykehouse, P.E. Tdykyhouseaclermontfl.org PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT Stoney Brunson, Public Works Director,City of Clermont Public Works DATE January 14,2014 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT SCOPE OF WORK: BESH is pleased to submit this proposal to the City of Clermont for design and permitting related to a potential CDBG stormwater improvement project. The project is to include stormwater and potable water improvements along Minneola, Roane, Montrose and Desoto lying easterly of Bloxam Avenue. The initial design will be based upon existing as-built information provided by the City, County Lidar topography, and plat of that area. SCOPE OF SERVICES: TASK 001 DESIGN BESH shall prepare construction documents to sufficient detail for permitting and submittal to State for application of CDBG Grant Funding. Due to amount of information available, plans will be prepared utilizing existing plat of the area, as- built, stormwater, and potable water information available from the City. Design will include a new stormwater collection system (pipes and inlets) along Minneola, Roane, Montrose and Desoto lying east of Bloxam Avenue and tying into the new storm sewer collection system on the east side of Bloxam Avenue. Also included will be water main upsizing and replacement with fire hydrants along Minneola, Roane and Montrose Streets. Construction drawings will include plan view sheets, plan and profile sheets, typical sections and City Standard Details. Some minor changes to roadway profiles will be needed to ensure proper drainage with new Type F curb and gutter. Calculations for gutter spread and hydraulic grade will be submitted for the stormwater collection system for sizing and spacing of inlets and pipes. Note: These plans are intended to meet the requirements for CDBG grant application and permitting and not for construction. FEE $14,960.00 Page 2 of 12 PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT Stoney Brunson, Public Works Director, City of Clermont Public Works DATE January 14,2014 TASK 002 PERMITTING A. Florida Department of Environmental Protection Water Distribution Permit Prepare and submit FDEP General Permit Application for water distribution system. Coordinate with City for review of potable water system and signing FDEP application as utility provider, attend meeting(s) with City, and respond to request for additional information (RAI)from City or FDEP. B. St. Johns River Water Management District Permit, not required. FEE: $1,000.00 TASK 003 REIMBURSABLES Reimbursables to be billed based upon direct expense incurred by Booth, Em, Straughan & Hiott, Inc., for blueprints, copies, molars, reproductions, postage, etc. FEE: $200.00 SUMMARY FEE SCHEDULE TASK 001 $14,960.00 TASK 002 $1,000.00 TASK 003 $200.00 I TOTAL $16,160.00 I Page 3 of 12 PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT: Stoney Brunson, Public Works Director,City of Clermont Public Works DATE January 14,2014 HOURLY RATE SCHEDULE (2014) 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 TFSTIMONY PROFFSSIONAL FNGINFFR $300 00/HOUR 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 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 PROFFSSIONAL Sl1RVFYOR $300 00/HOUR Page 4 of 12 PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT.' Stoney Brunson,Public Works Director,City of Clermont Public Works DATE. 'January 14,2014 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 $t25 24 x 36 $2.50 Color Copies 11 x 17 . ........ . ....$2.00 24x36 .$6.00 Black &.White Copies 8 %x 11 $0.10 8 %x14 $0.15 11 x 17 $0.20 Color Copies 8 %x11 $1.20 8 %x14 $1.45 11x17 ' $170 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 Page 5 of 12 PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT- Stoney Brunson, Public Works Director, City of Clermont Public Works DATE: January 14,2014 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 Signed and sealed construction plans,pdf files and AutoCad files will be issued to the Client as needed for permitting, bidding and construction 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 If payment for services is not received in accordance with Section II (C)(Payment) of this Agreement, BESH reserves the right not to release any documents until payment is made current 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 Page 6 of 12 INIT. PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT Stoney Brunson, Public Works Director, City of Clermont Public Works DATE January 14,2014 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 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 3151 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 Agreem ent 2 Revisions made necessary as a result of changes to local, state or federal governmental requirements after the date of this Agreement Page 7 of 12 INIT. PROJECT. City of Clermont,Potential CDBG Stormwater Improvement Project CLIENT: Stoney Brunson, Public Works Director,City of Clermont Public Works DATE- January 14,2014 3- Redesign per Client after preliminary design has been submitted to the relevant approving agency 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 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 or 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 Page 8 of 12 INIT. PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT Stoney Brunson, Public Works Director,City of Clermont Public Works DATE January 14,2014 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 pnororcontemporaneous 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 of 12 INIT. PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT Stoney Brunson, Public Works Director, City of Clermont Public Works DATE January 14,2014 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 H. STATEMENT REGARDING DESIGN PROFESSIONALS (ABSENCE OF LIABILITY). THIS AGREEMENT HAS BEEN ENTERED INTO BETWEEN CLIENT AND BESH. CLIENT ACKNOWLEDGES AND AGREES THAT THE INDIVIDUAL EMPLOYEES AND AGENTS OF BESH, INCLUDING WITHOUT LIMITATION THE DESIGN PROFESSIONALS WHO ARE EMPLOYEES OR AGENTS OF BESH, ARE NOT PARTIES TO THIS AGREEMENT. PURUSANT TO SECTION 558.0035, FLORIDA STATUTES, THE INDIVIDUAL EMPLOYEES OR AGENTS OF BESH (INCLUDING WITHOUT LIMITATION ALL ENGINEERS, SURVEYORS, AND OTHER DESIGN PROFESSIONALS WHO ARE EMPLOYEES OR AGENTS OF BESH), SHALL NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF OR RELATED TO ANY WORK PERFORMED BY SAID EMPLOYEES OR AGENTS PURSUANT TO THIS AGREEMENT. Page 10 of 12 INIT. PROJECT City of Clermont, Potential CDBG Stormwater Improvement Project CLIENT Stoney Brunson,Public Works Director,City of Clermont Public Works DATE January 14,2014 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: $ --er- THIS PROPOSAL/AGREEMENT ACCEPTED THIS 141.- DAY DAY OFJanuDxYy, 2014 Booth, Ern, Straughan & Hiott, Inc. Client Signature Signature i, By 'iIlliI L wane �$oa¢h By: !ff r2n Cyr., Title l�r,;he I.NI( Title c54 nlan4B.r Page 11 of 12 IN IT.