2017-57 SURVEYING SERVICES PROPOSAL/AGREEMENT
FOR
CLERMONT BOAT RAMP
CLERMONT, FLORIDA, LAKE COUNTY
SURVEYOR: CLIENT:
J. Michael Straughan, P.S.M. James Kinzler, CPM, EA
Principal Director of Environmental Services
Booth, Ern, Straughan & Hiott, Inc. City of Clermont
902 North Sinclair Avenue 3335 Hancock Road
Tavares, Florida 32778 Clermont, Florida 34711
(352) 343-8481 - Phone (352) 241-0178 - Phone
(352) 343-8495 - Fax (352) 241-0542 - Fax
mstraughanAbesandh.com jkinzler(c�clermontfl.org
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: May 10,2017
SURVEYING SERVICES PROPOSAL/AGREEMENT
Booth Em Straughan & Hiott, Inc. (BESH) is pleased to submit the following Scope of
Services.
TASK 001 TOPOGRAPHIC SURVEY
Prepare a Topographic Survey complying with Chapter 5J-17.052 F.A.C. of two
(2) areas as shown on an exhibit attached in an email from Frank Bellomo dated
March 31, 2017.
FEE: $3,100.00
NOTES:
The job will be completed within 20 business days upon receiving executed
Authorization to Proceed.
Deliverables to include supplying the client with six (6) signed and sealed copies of said
survey.
Requests made for surveys to be sent overnight will be paid by the client. A Federal
Express account number will be required.
Any Boundary Surveys requiring title commitment review, with the addition of
adding exceptions to survey will be at an additional quoted fee after receiving the
title commitment.
When the survey has been completed, and copies of the signed & sealed survey
have been delivered to the client or his/her representatives, then this contract will
be considered complete and fulfilled. Although if a mistake (typo, missing
dimension, etc.) is found it will be corrected at no charge and a new survey will
be issued. If further additions to the survey are requested or mistakes from a
third party are found and are requested to be corrected on the survey then an
additional fee will be required. A change order to the original contract will be
issued outlining what corrections will be made, with a fee amount required to
make said corrections. If additional mistakes from a third party are found at a
later date, then an additional change order and fee will be required.
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Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: May 10, 2017
HOURLY RATE SCHEDULE
(2017)
Professional Services shall be charged at the following rate schedule:
ENGINEERING
PROFESSIONAL ENGINEER (PRINCIPAL) $160.00/HOUR
PROFESSIONAL ENGINEER $135.00/HOUR
PROJECT ENGINEER $115.00/HOUR
ENGINEER TECHNICIAN I $100.00/HOUR
ENGINEER TECHNICIAN ll $80.00/HOUR
BUILDING INSPECTOR $65.00/HOUR
CONSTRUCTION ENGINEER $90.00/HOUR
EXPERT TESTIMONY PROFESSIONAL ENGINEER $300.00/HOUR
SURVEYING
PROFESSIONAL SURVEYOR (PRINCIPAL) $160.00/HOUR
PROFESSIONAL SURVEYOR $115.00/HOUR
3 MAN FIELD CREW $150.00/HOUR
2 MAN FIELD CREW $130.00/HOUR
SURVEY TECHNICIAN I $100.00/HOUR
SURVEY TECHNICIAN II $80.00/HOUR
SURVEY TECHNICIAN III $35.00/HOUR
TITLE RESEARCHER $115.00/HOUR
EXPERT TESTIMONY PROFESSIONAL SURVEYOR $300.00/HOUR
Page 3
o
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: May 10, 2017
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 %x11 $0.10
8 %2x14 $0.10
11 x 17 $0.20
Color Copies
8 %2 x 11 $0.25
8 '/2x 14 $0.25
11 x 17 $0.45
Other Printing Services
24 x 36 Mylar $12.00
24 x 36 Photo Paper, Color $36.00
24 x 36 Foam Board $30.00
Other Services
Fax/Scan $0.05/Page
Postage (Fed-Ex, Certified Mail, Etc)...@ cost
Concrete Monuments $11.00
Rebar $2.00
Mileage (T/M Projects Only) $0.59
Page 4
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: . May 10, 2017
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, Em, 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 toasthe "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
Page 5 IN
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: May 10, 2017
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 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.
Page 6 I'T
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: May 10, 2017
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
terminate any and all further work on the project until Client has paid said balance in
full.
Page 7 IN
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont •
Date: May 10, 2017
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 orcregulations 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 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 8
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: May 10, 2017
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. PURSUANT 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 9 INIT.
Project Name: Clermont Boat Ramp, Clermont, Florida, Lake County
Client: City of Clermont
Date: May 10, 2017
AUTHORIZATION TO PROCEED
PROPOSAL FOR 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: $
T� /,�
THIS PROPOSAUAGREEMENT ACCEPTED THIS /"D DAY OFQ , 2017.
Booth, Em, Straughan & Hiott, Inc. Client
Signature Signature .tel _
--
By: J. Michael Straughan, P.S.M. By: /
Title: Principal Title: F ,
Page 10