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2011-63 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT FOR CITY OF CLERMONT LAKE COUNTY, FLORIDA FOR WATER AND SEWER UTILITY RELOCATIONS S.R. NO. 50, FINANCIAL PROJECT ID 238 - 429- 3 -52 -01 ENGINEERS: CLIENT: BOOTH, ERN, STRAUGHAN & HIOTT, CITY OF CLEMRONT INC. 685 West Montrose Street 350 North Sinclair Avenue Clermont, Florida 34711 Tavares, Florida 32778 (352) 241 -7335 - Phone (352) 343 -8481 - Phone (352) 394 -2379 - Fax (352) 343 -8495 - Fax Contact: Tamara Richardson, P.E., City Contact: Duane K Booth, P E., Principal Engineer duaneboothebesandh com trichardsonc clermontfl.orq jkinzler @clermontfl.orq sbrunsoneclermontFl orq 1 '11 PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT SCOPE: Booth, Ern, Straughan & Hiott, Inc , is pleased to submit this proposal for the S R No 50 F D 0 T Utility Relocation Project The scope of the project includes the design and permitting for the relocations of existing water and sewer improvements in conflict with proposed F D 0 T roadway improvements Permitting will be with both the F D 0 T and the Florida Department of Environmental Protection We understand that the City will not enter into a Joint Participation Agreement (JPA) with F D 0 T , and that the City will negotiate construction of the improvements with the F D 0 T design build contractor Electronic plans for the proposed F D 0 T improvements must be provided by C3TS, PA in a timely manner, in Autocad format, for the design plans for the City utility relocations to be prepared TASK 1 DISTRIBUTION SYSTEM DESIGN AND PERMITTING (WITHIN S.R. NO. 50 AND U.S. HWY. 27 RIGHT -OF -WAY) Prepare detailed design drawings for the construction of the utility relocations and upgrades as identified to avoid conflicts with proposed improvements anticipated by the F D 0 T The scope of these services shall be design and permitting for relocations as identified by the City based on the proposed F D 0 T roadway improvements shown on the plans provided by C3TS, PA, the F D 0 T Design Engineer Work will include the following 1 Attend one (1) meeting with F D 0 T and C3TS, PA for utility coordination 2 Attend one (1) meeting with City of Clermont for utility relocate coordination 3 Conduct one (1) Field review with City of Clermont 4 Prepare design drawings for utility relocations (water and sewer) as necessary to avoid conflicts with F D 0 T proposed roadway improvements, as shown on the plans provided by the C3TS, PA/F D 0 T dated 8/8/2007 Plans shall be prepared in accordance with Chapter 27 "Utility Joint Participation Agreement Plans" of the F D 0 T Plans Preparation Manual, Volume 2, January 1, 2009 5 Prepare the FDEP water and sewer system permit applications 6 Prepare the FDOT Utility Permit application 7 Coordinate with F D 0 T and C3TS on final water and sewer utility locations 8 Plans will include Cover Sheet, Plan View Utility Adjustment sheets, Profile View Utility Adjustment sheets, Utility Adjustment Details and Clermont Standard Notes Plans will be prepared on 11 x 17 paper size, matching C3TS cut sheets Specific utility adjustments or modifications for this scope are generally described as follows 1 Bloxam Avenue - relocate existing 6" water main east side to tie into 12" water main north and south of S R 50 Adjust fire hydrant locations 2 New 8" gravity sewer line west side of Millholland Avenue starting at Sta 31 +4, north of S R 50 and tie into existing manhole at Minneola Avenue approximately 250 feet south of S R 50 Page -2- e , PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 3 New 8" DIP water main crossing S R 50, east side of Grand Highway Sta 1293 +90 4 Remove and replace existing 6" A/C water main east side of U S 27 from Sta 776 +00 (Grand Highway) to Sta 784 +00 (Hooks Street) 5 Remove existing 6" water main and replace with 12" DIP water main crossing U S 27 at Sta 1814 +30 6 Relocated Fire Hydrant Sta 1292 +80 left and place out of service existing water main Sta 1290 +20 to Sta 1292 +80 left FEE: $27,410.00 Note B E S H will be provided design files from C3TS, PA, which shall be saved to Autocad format for our design All electronic deliverables to the City shall be in pdf or ACAD format Deliverables B E S H will provide the City with three (3) signed and sealed Construction Plans at 90% and 100% along with ACAD file on cd B E S H will also provide necessary copies for permits with F DOT and F D E P The City is responsible for permit fees - - • - • • - - (DELETED) _ ; ; _ :; _ • o _ •_ • . . _ . • . PaYment FEE: DELETED SUMMARY FEE SCHEDULE TASK I $ 27,41 00 TASK II $ DELETED TOTAL 1 $ 27,410.00 NOTE: Please see attached B.E.S.H Final Design and Fee Summary Breakdown THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS: 1 Environmental Assessments 2 Geotechnical Investigations 3 NPDES Permitting (handled by Contractor) 4 Advance of permit fees, impact fees, title search fees, recording or advertising fees 5 Prices do not include redesign necessitated by changes requested by F D 0 T or C3TS, PA following permitting of the project Any required changes will be negotiated in a change order to the contract Page -3- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 HOURLY RATE SCHEDULE (2011) 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 FXPFRT TFSTIMONY PRQFFSSIONAI FNC,INFFR $300 00 /HC)l 1R SURVEYING PROFESSIONAL SURVEYOR (PRINCIPAL) $145 00 /HOUR PROFESSIONAL SURVEYOR $85 00 /HOUR 3 MAN FIELD CREW $100 00 /HOUR 2 MAN FIELD CREW $85 00 /HOUR CREW UTILIZING GLOBAL POSITIONING SYSTEM $110 00 /HOUR SURVEY TECHNICIAN I $75 00 /HOUR SURVEY TECHNICIAN II $50 00 /HOUR SURVEY TECHNICIAN III $30 00 /HOUR TITLE RESEARCHER $85 00 /HOUR FXPFRT TFSTIMONY PRC)FFSSIONAI SI IRVFYOR $300 00 /HO1 IR Page -4- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 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'A2 x 11 $0 10 8'/2 x 14 $0 15 11 x 17 $0 20 Color Copies 8'h x 11 $1 20 8'/2x14 $145 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 Page -5- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 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 ( "B E S H ") 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 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 Page -6- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 D. FEE RENEGOTIATION: The Proposal for Services describes the specific services to be performed and tasks to be undertaken by B E S H 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 B E S H 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 31' 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 B E S H and Client If any of said regulations change during the permitting and design phase of this project, B E S H reserves the right to increase fees for services that may be affected by regulatory changes upon written notice to the Client F. PERMIT ACQUISITION B E S H cannot guarantee the acquisition of any or all of the permits and /or approvals that shall be required for Client's project B E S H 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 B E S H regardless of agency /governmental actions, including without limitation the failure of one or more governmental agencies to give the necessary approval for the project 11. COMPENSATION A. ADDITIONAL SERVICES: B E S H shall be fully compensated by Client for all additional services performed by B E S H , including, without limitation, the following 1 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 "Change Order') for each change in scope of services requested by Client before B E S H is obligated to perform the revised scope of services In the absence of a Change Order executed by Client, B E S H shall proceed according to the original scope of services as set forth in this Agreement Notwithstanding the foregoing, B E S H may choose to proceed with a Client- requested change in scope of services despite the absence of a Change Order signed by Client If B E S H performs the requested change in scope of services, B.E S H shall be entitled to full Page -7- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 compensation from Client based on the prevailing prices or the hourly rates charged by B E S H for such services at the time that B E S H 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 B E S H , B E S H shall be reimbursed for all out -of- pocket expenses incurred by B E S H , 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 B E S H '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 B E S H C. PAYMENT: B E S H shall submit invoices to Client on a semi- monthly (twice per month) basis On each invoice, B E S H 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 B E S H 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 B E S H 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 B E S H pursuant to said task has been changed and the compensation to be paid to B E S H has been modified pursuant to Section II A of these Terms and Conditions, B E S H will continue to perform its services under that task without additional charges for its services until B E S H has performed all work required by that task Client shall notify B E S H 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 invoices shall be due and payable in full within thirty (30) days from the date of the invoice All unpaid balances that remain unpaid after thirty (30) 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. B.E.S.H. 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, B.E.S.H. shall have the right Page -8- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 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 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 -9- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 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 Ile 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 Page -10- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238- 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 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 (B E S H) 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, B E S H 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 11 DAY OF +fir, 2011 Booth, Ern, Straughan & Hiott, Inc. Client Signature Signatur'�.� 0, By Duane K Booth, P E By NQ� S. Turl I \ 1e_, - SC. Title Principal Title m*Or Page -11- PROJECT Water and Sewer Utility Relocations, S R No 50, Financial Project ID 238 - 429- 3 -52 -01 CLIENT Tamara Richardson, P E , City Engineer, City of Clermont DATE February 18, 2011, revised March 17, 2011, revised September 13, 2011, revised September 21, 2011 CLIENT INFORMATION FORM To assist Booth, Ern, Straughan & Hiott, Inc., to prepare the requested proposal, please complete the information below: PRINT NAME & TITLE: COMPANY NAME: BILLING ADDRESS PHONE. FAX. E -MAIL: DATE CLIENT REPRESENTATIVE: IS CLIENT THE OWNER OF THE SUBJECT PROPERTY'? YES NO: (If no, Booth, Ern, Straughan & Hiott, Inc , reserves the right to require a retainer prior to commencing services ) Is the property accessible? If gated /locked, who shall B.E.S H. contact to gain access to the property? NAME AND PHONE NUMBER. I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE TO THE BEST OF MY KNOWLEDGE. SIGNATURE: H \amy \WordPerfect -9 0 \Proposals \City of Clermont \SR No 50 Water & Sewer Utility Relocations \BESH Proposal revised 9 -21 -11 wpd Page -12-