Loading...
2014-055 • CIVIL ENGINEERING AND SURVEYING SERVICES PROPOSAL/AGREEMENT FOR CITY OF CLERMONT BOWMAN STREET DRAINAGE DESIGN PHASE 2 ENGINEERS: CLIENT: Duane K.-Booth, P.E., Principal Terry Dykehouse, P.E , City Engineer BOOTH, ERN, STRAUGHAN & HIOTT, INC. City of Clermont 350 North Sinclair Avenue 685 W. Montrose Street Tavares, Florida 32778 Clermont, Florida 34711 (352) 343-8481 - Phone (352) 241-7337 - Phone (352) 343-8495 - Fax (352) 394-3542 - Fax duaneboothbesandh corn tdykehouseAclermontfl.ord PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse, City Engineer, City of Clermont DATE June 26, 2014, revised July 7,2014 CIVIL ENGINEERING AND SURVEYING SERVICES PROPOSAL/AGREEMENT SCOPE OF WORK: Provide civil engineering and surveying services to design stormwater system at north end of Bowman Street and tie into existing storm system to south to Lake Winona. Design is based on approved storm cadd model of 10 year storm event approved by City of Clermont. SCOPE OF SERVICES: TASK 001 PARTIAL ROUTE SURVEY Locate edge of pavement and driveways with elevations so that the structures are designed with correct tops and bottoms so they can be ordered correctly and placed correctly. Set site benchmark for use by City. Does not include location of underground utilities. FEE: $1,860.00 TASK 002 DESIGN Design of storm inlets, trench drain across commercial driveway, storm pipe sizing and inverts, and structure grate or eop elevations and inverts. Design does not include paving sections or details, concrete drive section and details, possible adjustments for water & sewer conflicts, and City standard details and notes. This project is proposed to be constructed in-house and not to be advertised for public bid. FEE: $2,100.00 TASK 003 SJRWMD EXEMPTION REQUEST FEE: $290.00 TASK 004 QUESTIONS AND SITE VISITS DURING CONSTRUCTION FEE: $1,440.00 (to be billed time and material not to exceed) 1 PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse, City Engineer, City of Clermont DATE June 26, 2014, revised July 7, 2014 THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS: 1. FDEP Water and Sewer Permitting 2 Bid Documents'& Bidding 3. Reimbursables to be billed based upon direct expense incurred by Booth, Em, Straughan &,Hiott, Inc., for blueprints, copies, molars, reproductions, postage, etc 4. Advance of permit fees, impact fees, title search fees, recording or advertising fees. 2 PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse,City Engineer, City of Clermont DATE June 26,2014, revised July 7, 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 PROFFSSIONAI 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 PROFFSSIONAI SURVFYOR $300 00/HOUR 3 PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse,City Engineer, City of Clermont DATE June 26, 2014, revised July 7, 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..... .. . . $1 25 24 x 36. . . . $2 50 Color Copies 11x17 $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 8 '/2x11 . . $1.20 8 '/2x 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 City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse, City Engineer, City of Clermont DATE June 26, 2014, revised July 7, 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 & Hiatt, 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 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 5 I T. PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse, City Engineer, City of Clermont DATE June 26, 2014, revised July 7, 2014 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 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 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 6 -iT, PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse,City Engineer, City of Clermont DATE June 26, 2014, revised July 7, 2014 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 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 7 I IT. PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse, City_Engineer, City of Clermont DATE June 26,2014, revised July 7,-2014 other companies or contractors,or any other causes whatsoever whether similar or dissim filar 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 authonzeit 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 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 he exclusively in the state court of competent jurisdiction in Lake County, Florida 8 PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse,City Engineer, City of Clermont DATE June 26, 2014, revised July 7,2014 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. 9 I IT. PROJECT City of Clermont, Bowman Street Drainage Design Phase 2 CLIENT Terry Dykehouse, City Engineer, City of Clermont DATE June 26,2014, revised July 7, 2014 AUTHORIZATION TO PROCEED PROPOSAL FOR CIVIL ENGINEER AND SURVEYING 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 PROPOSAL/AGREEMENT ACCEPTED THIS 7 DAY OF ,Tut? , 2014. Booth, Ern, Straughan & Hiott, Inc. Client �_ Signature � Signature '/ By Duane K Booth, P E By -Jc. k S 42:( Title Principal Title 0 ��Gj.._,- 10