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2010-09 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT FOR 3RD STREET IMPROVEMENTS CITY OF CLERMONT Engineer: Duane K. Booth, P.E. BOOTH, ERN, STRAUGHAN & HIOTT, 350 North Sinclair Avenue Tavares, Florida 32778 (352) 343-8481 Phone (352) 343-8495 Fax Client: Cheryl Parker, Engineer I INC. CITY OF CLERMONT 685 West Montrose Street Clermont, Florida 34711 (352) 241-7335 - Phone (352) 394-2379 - Fax cherylparker@clermontfl.org PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 PROPOSAL FOR SERVICES SCOPE OF SERVICE: Prepare stormwater calculations, retention pond design, details and application to St. Johns River Water Management District (SJRWMD) based upon construction plans prepared by the City of Clermont. TASK I GEOTECHNICAL INVESTIGATION Perform two (2) 15 foot deep borings to classify soil, identify depth to groundwater and confining layer, estimate seasonal high groundwater, and make recommendation for aquifer parameters for stormwater design. See attached proposal prepared by Andreyev Engineering, Inc. FEE $1,070.00 TASK II STORMWATER DESIGN & PERMITTING Prepare stormwater calculations and application to SJRWMD. SJRWMD submittal package shall include construction plans prepared by the City of Clermont, stormwater calculations, required exhibits, application for 40C-42 Permit and application fee. This task shall include coordinating with City staff for pond(s) design and responding to any RAI's as requested by SJRWMD. Preliminary stormwater design will be performed once 30% plans are received, final design and calculations will be completed with 60% plans and submitted to SJRWMD, and final details, rai's, and quality control will be performed at 90% plans. Design shall also include design of stormwater collection and conveyance system, roadway spread calculations, and storm pipe calculations. Drafting and details of the storm collection system to be by the City and checked by B.E.S.H. FEE $10,800.00 TASK III PROJECT ADMINISTRATION The scope of services shall include administrative services necessary to coordinate all aspects of the project through the planning, design and permitting phase. These services shall include project scheduling with all regulatory agencies and public utility companies during the design and permitting phase of the project. 2 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 This task will also include three (3) design meetings with City staff and response to two (2) rai's with SJRWMD. FEE $3,800.00 TASK 999 REIMBURSABLES Blueprints, copies, mylars, reproductions, postage, etc. FEE $600.00 (BUDGET) NOTE: Reimbursables to be billed based upon direct expense incurred by Booth, Ern, Straughan & Hiott, Inc. SUMMARY FEE SCHEDULE TASK I $ 1,070.00 TASK II $ 10,800.00 TASK III $ 3,800.00 TASK 999 $ 600.00 TOTAL $ 16,270.00 3 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS: 1. Boundary Survey 2. Topography Survey 3. Soil Boring Location Stake Survey 4. Environmental Assessments 5. Army Corp. of Engineers Dredge and Fill 6 Landscape/Irrigation Plans 7. Monumentation of wetlands 8. Sketch and Descriptions for Conservation Easements 9. Fema CLOMR 10. FEMA Map Amendment 11. NPDES Permitting 12. Hardscape, Walls, Entry Features 13. Lighting Design 14. Game and Fish Permit 15. Bid Documents & Bidding 16. Tree Survey 17. Advance of permit fees, impact fees, title search fees, recording or advertising fees 4 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 HOURLY RATE SCHEDULE (2010) 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 SENIOR PLANNER - AICP $110.00/HOUR PLANNING TECHNICIAN $75.00/HOUR CONSTRUCTION ENGINEER $85.00/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 CREW UTILIZING GLOBAL POSITIONING SYSTEM $150.00/HOUR SURVEY TECHNICIAN I $95.00/HOUR SURVEY TECHNICIAN II $75.00/HOUR SURVEY TECHNICIAN III $30.00/HOUR TITLE RESEARCHER $110.00/HOUR PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 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'/s x 14 .........................................$0.15 11 x 17 ..........................................$0.20 Color Copies 8'/z x 11 .........................................$1.20 8'/2 x 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 6 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 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 7 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 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. 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: 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 8 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 "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 aClient- requested change in scope of services despite the absence of a Change 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 asemi-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 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 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. 111. 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, FORANY 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 10 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 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. 11 PROJECT: 3RD Street Improvements, Clermont, Florida CLIENT: Cheryl Parker, Engineer I, City of Clermont DATE: February 18, 2010 AUTHORIZATION TO PROCEED PROPOSAL FOR 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: $ N/A THIS PROPOSAL/AGREEMENT ACCEPTED THIS a3~DAY OF~2 , 2010. Booth, Ern, Straughan & Hiott, Inc. Signature ~ ~~~ ~~~~ By: Duane K. Booth, P.E. Title: Principal Client Signature By: ;r Title: m GU Or H:\amy\WordPerfect-9.0\Proposals\CITY OF CLERMONT\3rd Street Improvements\BESH-Proposal 2-18-2010.wpd 12 Andreyev SAIYFOAD OFFICE E n g ~ neeri ng, 4055 St. Johns Parkway sarzrora, Fkufda 32771 ~.... Inc 407.330-7763 ^ Fax: 407-330-7765 ~~ • Groundwater • Environmental • Geotechnical ~ Construction Materials Testing February 17, 2010 Proposal No: GPGT-10-007 To: Booth, Em, Straughan, and Hiott, Inc. 350 North Sinclair Avenue Tavares, Florida 32778 Attention: Mr. Duane K. Booth, P.E. Subject: Proposal, Geotechnical Investigation, Proposed Stormwater Retention Pond, 3`d Stree# Improvements, Clermont, Lake County, Florida Dear Mr. Booth: As requested, Andreyev Engineering, Inc. (AEI) is pleased to submit this proposal to provide geotechnical engineering services for the above referenced project. This proposal presents a scope of services, cost estimate and anticipated schedule to carry out our geotechnical study. The proposed project will include the construction of a new community building and associated stormwater retention pond to receive Stormwater runoff from the development. The proposed retention pond will outfall to Sparkling Water Lake. The purpose of the geotechnical investigation and evaluation will be to assess the soil and groundwater conditions and provide recommendations for the stormwater retention pond. We propose to conduct fhe following scope of investigation: Perform two (2) 15-foot deep power auger borings within the proposed stormwater retention pond area. Collect one (1) relatively undisturbed tube sample from the proposed borehole location for laboratory permeability test. Analyze the field and laboratory data to develop engineering recommendations for stormwater retention pond design. The proposed scope of services will be supervised by a geotechnical engineer licensed in the state of Florida. The results of the exploration will be presented in a geotechnical report. This report will specifically address the following: Existing site condition. Exploration, testing, and sampling methods. The Villages Ocala Clermont St. Petersburg 352.751-2478 352-401.9522 352-241-D508 727-527-5735 Fax352-751-2&33 Fax 352.401-9523 Fax 352-241.0977 Fax 727-527-8084 Subsurtace soil conditions encountered, soil classification and laboratory soil test results. Depth to groundwater at the time of the exploration and estimated seasonal high groundwa#er table. Provide recommendations for stormwater retention pond design and selection of aquifer parameters for retention area recovery analyses. PR0.3ECT SCHEDULE Based on our present schedule we an: prepared to mobilize to begin the field operation on this project within 2-3 days following your authorization to proceed, assuming access permission is obtained. We anticipate the field portion of the study to be completed in one {1) day. Engineering analysis, necessary laboratory work and report preparations showld be completed within approximately 1 week after the completion of the fieldwork. ESTIMATED COSTS We estimate that we can perform the scope of services for the cost of $1,070.00. In computing the above estimates, we have assumed the site is accessible to our truck mounted dri{ling rig, that we have the right of entry to the site and that we will not experience delays due to reasons beyond our control. The cost estimate does not include surveying and we assume that bore hole locations will be staked by your surveyor. Our cost estimate does not include recovery analyses of the ponds. CLOSURE We appreciate the opportunity to be of service to you. Upon acceptance of this proposal, please sign one copy and return to this office. Sincerely, Andreyev Engineering, Inc. "i~ j~f d ShawkatAli, Ph. D., P.E. Senior Project Engineer 1=lorida License No. 52568 Geotechnical Study for Stormwater Retention Area at 3R0 Street, Clermont, Lake County, Florida Total Estimated Fee: $'1,474.40 ACCEPTED BY: (Name} (Signature TITLE BILLING ADDRESS: DATE: PHONE: CELL: FAX: SCOPE OF SERVICES AND FEE ESTIMATE GEOTECHNICAL IrXPLORATIONIEVALUATION 3RD STREET IMPROVEMENTS PROJECT, STORMWATER RETENTION POND, 3RD STREET, CLERMONT, LAKE COUNTY, FLORIDA F1ELD EXPLORATION A. Mobilization of Men and Equipment B. Auger Borings at Stormwater Retention Pond Areas 2 borings to 15 ft. = 30 If. @ $9.OOllf. C. Collection of Tube Sample from Stormwater Retention Pond Area Subtotal Field Exploration LABORATORY TESTING A. Visual Class cation and limited Index Testing of Sail Samples Lump Sum B. permeability Testing of Tube Sample 1 test @ $100.OOltest Subtotal for Laboratory Testing ENGINEERING AND TECHNICAL SERVICES A. Principal Engineer 1 hour @ $150.OOfiour B. Senior Project Engineer 2 hours @ $125.'00/hour C. Drafting 2 hours @ $55.00/hour D. Secretarial Services 2 hours @ $45.00/hour Subtotal for Engineering Services Total Estimated Cost NIA $ 270.00 N1A $270,00 $100.00 100.00 ~zoo:oo $150.00 $250.00 $110.00 90.00 S6o0.o0 t ---` ~C~~ VIA EMAIL cherylparker _clermontfl.org AND U.S. MAIL February 18, 2010 Cheryl Parker, Engineer I City of Clermont 685 W. Montrose Street Clermont, Florida 34711 RE: PROPOSAL/AGREEMENT FOR 3RD STREET IMPROVEMENTS. CLERMONT, FLORIDA Dear Ms. Parker: 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. ~k~__ __ Duane K. Booth, P.E. Principal duaneboothCa~besandh.com DKB:am Enclosure H:\amy\WordPerfect-9.O1Proposals\CITY OF CLERMONT3rd Street Improvements\BESH Proposal Submittal Letter 2-18-2010.wpd ENGINEERS • SURVEYORS • LAND PLANNERS 350 North Sinclair Avenue • Tavares, Florida 32778 Phone: 352.343.8481 • Fax:352.343.8495 E-Mail: Info@besandh.com • www.besandh.com -l