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Contract 2019-05A CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT FOR CLERMONT DOWNTOWN STREETSCAPE, PHASE 2 CLERMONT, FLORIDA, LAKE COUNTY Engineer: Client: Duane K. Booth, P.E., Principal James Kinzler, CPM, EA 902 N. Sinclair Avenue Director of Environmental Services Tavares, Florida 32778 City of Clermont (352) 343-8481 - Phone 3335 Hancock Road (352) 343-8495 - Fax Clermont, Florida 34744 duanebooth@besandh.com (352) 241-0178 - Phone (352) 241-0542 - Fax jkinzler@clermontfl.org - r PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 CIVIL ENGINEERING SERVICES PROPOSAL/AGREEMENT SCOPE OF WORK Booth, Ern, Straughan & Hiott, Inc. (BESH) is pleased to submit this proposal to the City of Clermont (City) for Landscape and Irrigation and Electrical Services for the City of Clermont Downtown Streetscape Project, Phase 2. This proposal is for design of improvements on 8th Street from Montrose Street north to Osceola Street and W. Minneola Avenue from West Street east to 7`h Street associated with "Meet us in the Middle Plaza". SCOPE OF WORK TASK 001 LANDSCAPE AND IRRIGATION (MICHAEL PAPE &ASSOCIATES, P.A.) A. DESIGN SERVICES 1. MPA will work with the team to review base/survey data and field conditions, and to evaluate the opportunities and constraints for the planting areas generally described during our meeting, and as generally shown by GAI's design parameters. This step is expected to include on-going coordination and up to three meetings with the Design Team and City Staff regarding programming and design development. 2. MPA has included time for onsite review and evaluation of the specific conditions, viability, and importance of all existing trees within or near the ROW that may be affected by the project, and make recommendations accordingly for their removal or preservation. 3. MPA will coordinate with City Staff and the Design Team regarding irrigation supply options and preferences that may affect the preliminary design approach (MPA will depend on the City to provide as-built data for existing water supply and irrigation, to the extent that it affects design of the project. This task will result in the determination of the POC(s)for the system, and MPA will develop the initial routing of the irrigation mainline(s) in order to provide BESH with sleeving locations for inclusion in the utility plans. 4. MPA will assist BESH and the Design Team in respect to hardscape layout and area development design issues for the final design. 5. MPA will coordinate with others performing lighting design to avoid/resolve possible conflicts with street lights and tree placement. 6. Based on the approved overall preliminary project hardscape/landscape areas, MPA will prepare a preliminary landscape plan to establish consensus for the planting palette and design approach; an initial opinion of probable cost will be included. Page -2- PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 7. Based on the understanding that the site street furnishings have been selected and approved by the City, MPA will assist BESH with the placement of the street furnishings to be included in the final plans, as required. 8. Subject to preliminary design approval, MPA will develop the final landscape design and prepare construction drawings. 9. Based on the final landscape design, MPA will design the irrigation system and prepare construction drawings. 10. MPA will prepare specifications and other bid documents as specifically required for landscaping and irrigation, along with a final opinion of probable cost. 11. MPA has included time for two key personnel to attend up to three design phase meetings with BESH, the City of Clermont, and other project participants. (A total of 24 personnel hours is allotted for this task.) 12. Time has been allotted by MPA for the project administration as a necessary component for a project of this magnitude, duration, and complexity. B. CONSTRUCTION ADMINISTRATION SERVICES Our experience with streetscape projects has proven the extent and importance of CA services, and the fact that CA tasks and time typically do not vary greatly per the construction budget for work within our purview. Per Rob's suggestion, we can anticipate a 6-month construction period for this project, which will likely entail bi-weekly meetings. Besides such routinely scheduled meetings, we know that significant time will be required for other standard CA tasks, including: 1. Bid coordination for landscaping and irrigation, including participation in a Pre-Bid Conference, review and coordination on RFIs during bidding, and bid evaluation. 2. Contract administration including review and approval of submittals, nursery visits to approve plant sources, intermediate and final job inspections, punchlist preparation, certification for payment, and review of as-built plans and close-out documents submitted by the contractor. DESIGN FEE: $30,415.00 CONSTRUCTION ADMINISTRATION FEE: $9,632.00 TASK 002 ELECTRICAL ENGINEERING (ELECTRIC SERVICES, INC.) SCOPE OF WORK 1. A streetscape design of multiple street sections of roadway.West Minneola Avenue from West Avenue to 8th Street; West Minneola Avenue, south half only from 8th Page -3- PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 Street to 7th Street; and 8th Street full street improvements from West Osceola Ave. to West Montrose Street. Project is to be designed for construction within the City of Clermont, Florida 2. Construction documents are required for Owner review, permit application and competitive bidding. SCOPE OF SERVICES 1. Site investigation and documentation of existing conditions. 2. Power systems design including new rack mounted service locations and distribution systems. 3. Roadway lighting design and circuitry. 4. Electric device layout, in-grade vendor power supplies, circuitry and controls. 5. Required fault current calculations as coordinated with electric utility. 6. Coordination with local electric utility for new service and pole locations. 7. Bid period services including interpretation of the construction documents, response to contractor questions and the issuing of clarifications to the construction documents. 8. Construction period services including review of contractor submittals, response to contractor request for information and up to five periodic site visits during construction for the review of the contractor's general compliance with the construction documents. OTHER EXPENSES 1. Expenses for Client requested plotting, printing; shipping and delivery will be considered reimbursable and billed at cost. Plots/prints will be billed at $2.00 per 24x36 bond. 2. For additional services as defined below, the client may request a lump sum fee proposal or authorize the work to proceed with compensation based on the actual hours required billed at the Engineer's current published hourly rates. OPTIONAL ADDITIONAL SERVICES 1. Additional meetings at the Client's office during design or meetings with the authority having jurisdiction for expediting the permitting process. 2. Emergency power systems design including generator or uninterruptible power systems. 3. Preparation of an electrical overcurrent protective device coordination study. 4. Telecommunication systems design including wiring,terminations, hubs and utility service coordination. 5. Audio system design. 6. Incorporation of contractor as-built or record drawing markups into the construction documents either for record drawings or for resubmission to the authority having jurisdiction. 7. Profile drawings. 8. Value engineering or cost reduction analysis and drawing modifications. Page -4- PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 LIMITATIONS AND EXCLUSIONS 1. Design phase is limited to four or less design review meeting at the client's office. 2. In general, a minimum of twenty working days is required for the completion of the Engineer's construction documents after the completion of the site design documents by the Client. 3. Changes that impact the electrical design after substantial may result in additional fees. 4. Work outside of the proposed roadway is not included with the exception of electrical service to the equipment. 5. Structural analysis or design to accommodate mechanical and electrical revisions and the requirements for permit will need to be provided by others and is not included. 6. If changes that affect the mechanical and electrical design occur within five working days of the intended submission, extension of the submission date will be required. 7. Modifications to the drawings after the permit application to accommodate changes or additions will need to be considered additional services. ITEMS TO BE FURNISHED BY THE CLIENT 1 . Electronic background files in AutoCAD or DXF format. 2. Designate a single point of contact for each project with the authority to transmit instruction, receive information, interpret and define policy and make decisions with respect to materials, systems and equipment relative to the consultant's services. DESIGN FEE: $14,300.00 CONSTRUCTION ADMINISTRATION FEE: $3,500.00 Page -5- PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 HOURLY RATE SCHEDULE (2018) Professional Services shall be charged at the following rate schedule: ENGINEERING PROFESSIONAL ENGINEER (PRINCIPAL) $175.00/HOUR PROFESSIONAL ENGINEER $145.00/HOUR PROJECT ENGINEER $115.00/HOUR ENGINEER TECHNICIAN I $105.00/HOUR ENGINEER TECHNICIAN II $80.00/HOUR BUILDING INSPECTOR $70.00/HOUR CONSTRUCTION ENGINEER $90.00/HOUR FXPFRT TESTIMONY PROFFSSIONAI ENGINEER $300 00/HOUR SURVEYING PROFESSIONAL SURVEYOR (PRINCIPAL) $160.00/HOUR PROFESSIONAL SURVEYOR $125.00/HOUR 4 MAN FIELD CREW $195.00/HOUR 3 MAN FIELD CREW $155.00/HOUR 2 MAN FIELD CREW $130.00/HOUR SURVEY TECHNICIAN I $100.00/HOUR SURVEY TECHNICIAN II $80.00/HOUR FXPFRT TESTIMONY PROFFSSIONAI SURVEYOR $300 00/HOUR Page -6- PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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 %x14 $0.10 11 x 17 $0.20 Color Copies 8 '/2 x 11 $0.25 8 '/2 x 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-7- PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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,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 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. ../ Page-8- INIT. PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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 31s` 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. Page -9- INI . PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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 I I.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 Page -10- INIT. PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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. 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. Page -11- INIT. PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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-12- INIT. PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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. (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: THIS PROPOSAL/AGREEMENT ACCEPTED THIS 'ori DAY OFc ,kArf , 2019. Booth, Em, Straughan & Hiott, Inc. Client • Signature �'` — Signature / fft . By: Duane K. Booth, P.E. By: L.1 L.Rh Title: Principal Title: `Mct_i t V,( Page -13- PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County CLIENT: City of Clermont DATE: January 7, 2019 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: 4 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 BESH 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. r� SIGNATURE: — �t�C/' 1 ' —�27/� H:\amy\WordPerfect-9.0\Proposals\City of Clermont\Downtown Streetscape 2\Engineering\Subcontract ProposaIIBESH Proposal 12-12-18 REVISED 1-7-19.wpd Page -14-