2014-114 CIVIL ENGINEERING AND SURVEYING SERVICES PROPOSAL/AGREEMENT
FOR
CITY OF CLERMONT
ROAD AND STORMWATER IMPROVEMENT PLANS
FOR A PORTION OF THE FOLLOWING:
EAST DESOTO STREET, EAST MONTROSE STREET, ROANE ROAD,
EAST MINNEOLA AVENUE, AND PITT STREET
ENGINEERS: CLIENT:
Duane K. Booth, P.E., Principal James Kinzler, CPM, EA
BOOTH, ERN, STRAUGHAN & HIOTT, INC. Director of Environmental Services
902 North Sinclair Avenue City of Clermont
Tavares, Florida 32778 3335 Hancock Road
(352) 343-8481 - Phone Clermont, Florida 34711
(352) 343-8495 - Fax (352) 241-0178 - Phone
duanebooth(a�besandh.com jkinzler anclermontfl.orq
Cc. Paul Roy proy(c�clermonifl.orq
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street', East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 2014
CIVIL ENGINEERING AND SURVEYING SERVICES PROPOSAL/AGREEMENT
SCOPE OF WORK:
Provide civil engineering and surveying services to design and permit stormwater, sidewalk and
potable water improvements along a portion of East DeSoto Street, East Montrose Street, Roane
Road, East Minneola Avenue, and Pitt Street. Design to be based on approved CDBG Drainage
Improvement Plans.
SCOPE OF SERVICES:
TASK 001 ROUTE SURVEY
Provide surveying services to locate existing right of way, above ground utilities,
underground water and sewer utilities as marked by the City of Clermont,curbing, asphalt,
concrete, and topography. Route survey to include +/-750' East DeSoto Street, +/-900'
East Montrose Street, +/-650' Roane Road, +/=450' East Minneola Avenue, and +/-700'
along Pitt Street.
City is to provide utility locate of existing water and sewer lines, easement document over
existing drainage pipe at east end of East Minneola Avenue northerly to retention pond,
and copy of documents to determine right of way and property lines if needed.
FEE: $20,600.00
TASK 002 ENGINEERING
Engineering design to be based on approved CDBG Drainage Improvement Plans. Design
to include all the following:
East DeSoto Street
+/- 750 If of road and stormwater improvements design.
East Montrose Street
+/- 900, If of road and drainage design improvements based on approved CDBG
Improvement Plans Design'and permit the removal of existing 2"watermain and replacing
with 6" watermain.
Roane Road
+/- 650 If of road and stormwater drainage design improvements based on approved
CDBG Improvement Plans. Design concrete sidewalk on north side of road within right-of-
1
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 2014
way and meet ADA Requirements. Design and permit the removal of existing 2"watermain
and replace with 6" watermain.
East Minneola Avenue
+/- 450 If of road and stormwater drainage design improvements based on approved
CDBG Improvement Plans. Design concrete sidewalk on north side of road within right-of-
way and be designed ADA compliant. Design and permit the removal of existing 2"
watermain and replace with 6" watermain.
Pitt Street
+/- 700 If east of Bloxam Avenue and stormwater drainage design improvements based
on approved CDBG Improvement Plans Design concrete sidewalk on south side of road
within existing right-of-way and to be ADA compliant.
FEE: $25,000.00
TASK 003 SJRWMD SWERP PERMIT EXEMPTION
Prepare drainage exemption application and submit to SJRWMD. Respond to agency
questions for exemption approval.
FEE: $1,000.00
TASK 004 PROJECT ADMINISTRATION
Booth, Ern, Straughan & Hiott, Inc. will provide administrative services necessary to
coordinate all aspects of the project through the design and permitting phase. These
services shall include project scheduling, meetings with all regulatory agencies, progress
meetings with City of Clermont, notification to public utility companies during the design
and permitting phase of the project.
FEE: $3,240.00
2
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 2014
SUMMARY FEE SCHEDULE
TASK 001 $20,600.00
TASK 002 $25,000.00
TASK 003 $1,000.00
TASK 004 $3,240.00
TOTAL $49,840.00
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
1. Sketch and Descriptions
2. NPDES Permitting
3. Lighting/Photometric Design
4 Florida Fish and Wildlife Conservation Commission Permit
5. Reimbursables to be billed based upon direct expense incurred by Booth, Em,
Straughan & Hiott, Inc., for blueprints, copies, molars, reproductions, postage,
etc.
6. Advance of permit fees, impact fees, title search fees, recording or advertising
fees.
7. The above prices allow for up to two (2) response submittals for any request for
additional information letters from referenced agencies. Any additional request's
will be billed on an hourly basis based on the attached hourly rate schedule.
8. Construction Administration
9. Bidding Documents and Bidding
10. Title Search
11. Written Specifications, Construction Specifications to be on plans and details
3
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 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
4
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street,East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler,-CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 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.. . . . . ....... .. . $200
24x36 . . .$600
Black &White Copies
8 '/2x11.... . $010
8 '/2 x 14.. .... .. . .. . ....... $0.15
11 x 17. . . . $0.20
Color Copies
8 '/2x 11.... . . . .$1 20
81/2x14 . $1.45
11 x 17 . . . . .$1.70
Other Printing Services
24 x 36 Vellum.. . . . ...... . . $9.00
24 x 36 Mylar .$12.00
24 06 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 City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 2014
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 calculations,and electronic media that result from
engineering services performed by BESH pursuantto 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
6 INIT.
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 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
7 INIT.
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 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 pursuantto 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
other companies or contractors,or any other causes whatsoeverwhether 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
8 INIT.
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30,2014
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
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
9 INIT.
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 2014
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.
10 INIT.
PROJECT City of Clermont Road and Stormwater Improvement Plans for a portion of the following East
DeSoto Street, East Montrose Street, Roane Road, East Minneola Avneue, and Pitt Street
CLIENT James Kinzler, CPM, EA, Director of Environmental Services, City of Clermont
DATE October 22, 2014, revised October 30, 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 ?I DAY OF Pater , 2014
Booth, Em, Straughan & Hiott, Inc. Client
,lir
Signature Signature ,,
I
By Duane K Booth, P E By parte,' ICS
Title Principal Title GI` M .
11