2017-126 CIVIL ENGINEERING AND SURVEYING SERVICES PROPOSAL/AGREEMENT
FOR
CLERMONT DOWNTOWN STREETSCAPE, PHASE I
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
duaneboothc besandh.com (352) 241-0178 - Phone
(352) 241-0542 - Fax
ikinzlerclermontfl.orq
PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
CIVIL ENGINEERING AND SURVEYING 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 Survey, Engineering Design, Project Coordination, Landscape
Design, Electrical Design, Geotechnical Investigation, and Construction Management
Services for the City of Clermont Downtown Waterfront Streetscape Project, Phase 1. The
proposal includes meetings with the City, property owners, and contractor during
construction. This proposal is for design of improvements on West Avenue from W.
Montrose Street to W. Osceola Street and for W. Osceola Street from West Avenue to 7th
Street. Design will include roadway and parking improvements, adjustments to the
stormwater collection system,landscaping, hardscapes,electrical event power and lighting,
and a portion of the Legacy Loop bike trail designated within this phase.
SCOPE OF WORK
TASK 001 ROUTE SURVEY
BESH will conduct a Route Survey along the above described project limits. Route
Survey to include right of way location, topography within the right of way and 15 -
25 feet outside the right of way, existing above ground improvements such as, but
not limited to road, curb, inlets, sidewalk, trail, power poles, trees, etc., and
underground utilities. The City is to locate and mark the City owned utility such as
sanitary sewer, potable water and reuse water lines. All other underground utilities
such as telephone, power, cable, gas and fiber optic will be located by Precise
Locating Services, Inc., under Task 002 below.
FEE: $20,255.00
TASK 002 UNDERGROUND UTILITY LOCATES (PRECISE LOCATING SERVICES,
INC.)
BESH will contract with Precise Locating Services, Inc., to provide technician,
electromagnetic locator and ground penetrating radar (GPR) equipment to locate
underground utilities within the rights of way of the above project limits. Locates will
include horizontal positions for telephone, gas, CATV, fiber optic, and any other dry
utilities found within the corridor. Note: Not all underground utilities may be capable
of being located even utilizing GPR. Precise Locating Services, Inc., and BESH will
make every effort to locate all utilities and design the new improvements to avoid
conflicts with existing utilities as much as possible. However, it shall be noted that
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
designs within a historic downtown area carries the risk of uncovering an unknown
buried condition which could affect the design during construction.
FEE: $6,400.00
TASK 003 ENGINEERING DESIGN
BESH will prepare final engineering construction drawings for the streetscape
project along West Avenue and W. Osceola Street as outlined in the scope above.
The project design scope shall be as follows:
West Avenue is planned as an asphalt road section with proposed 90° parking, a
12 foot bike trail along the west side south of W. Minneola Avenue to W. Osceola
Street, 5 foot sidewalks on each side, landscaping, LED acorn lighting with electrical
outlets, and event power. W. Osceola Street is planned as a brick paver road
section with 60° angle parking along the north side, flush 8 foot sidewalk adjacent
to parking, 8 foot sidewalk along south side and a 12 foot wide bike trail along north
side as part of the Legacy Loop bike trail. W. Osceola Street also includes
landscaping, LED Acorn lighting with electrical outlets, and event power. All trail,
sidewalks, and ramps to be ADA compliant. The project corridor will include music
conduit and water services, coordination with Duke for underground power, and
stub out of water, sewer and electric for the future"Meet Us in the Middle". Project
elements will be reviewed and approved by City Staff, no presentations to City
Council are anticipated.
FEE: $53,600.00
TASK 004 STORMWATER DESIGN
BESH will complete an analysis of the stormwater basin for the project corridor.
Analysis will include stormcad hydraulic model to verify inlet capacities, inlet
placement and pipe sizing to connect to the storm collection system currently under
construction with the Victory Pointe Project as designed by GAl Consultants. City
will provide Design Plans in Acad and stormwater modeling associated with the
Victory Point Project for our use in this design effort.
FEE: $8,800.00
TASK 005 PROJECT MANAGEMENT, COORDINATION, AND MEETINGS
It is anticipated that BESH shall coordinate throughout the design process with City
Staff and sub consultants. This task anticipates monthly meetings during design
with sub consultants, as well as at the 60%, 90%, and 100% design with City Staff
for project review.
FEE: $7,680.00
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
TASK 006 SJRWMD PERMIT (IF REQUIRED)
It is unknown at this time if the project will create or reduce the total impervious
area. It is our understanding that with the Victory Point Project, any additional
stormwater treatment needs will be met. This task, if required, is to provide
SJRWMD with the required exhibits, plans and compliance calculations for a permit
modification.
FEE: $4,000.00 (IF REQUIRED)
TASK 007 UTILITY COORDINATION
BESH will notify and coordinate with all dry utility owners, such as telephone, power,
cable, fiber and gas, to determine if existing lines need to be relocated. Design and
Relocation of existing utilities will be the responsibility of the utility owner, BESH will
coordinate with utility owners if lines need to be located and provide utility
adjustment sheets in the construction plans based on utility owner designs for
coordination during construction.
FEE: $8,100.00
TASK 008 PROJECT SPECIFICATIONS AND BIDDING
BESH will prepare schedule of values and provide plans and specifications to the
City Purchasing Department for project bidding. During the bidding process, BESH
will attend pre-bid meeting, respond to questions, and the city to issue addendum(s)
prior to the bid due date. Upon receipt of qualified bids, BESH will evaluate for
completeness and make recommendation as to the lowest qualified bid. BESH will
prepare and supply the successful contractor with two (2) full size copies of
conformed construction plans and an Acad file of plans on a cd.
FEE: $7,500.00
TASK 009 CONSTRUCTION ADMINISTRATION
Booth, Ern, Straughan & Hiott, Inc., will advise and consult with Owner and act as
its representative during construction. Booth, Ern, Straughan& Hiott, Inc.,will make
regular visits to the site to observe the progress and quality of the executed site
work and to determine in general if the work is proceeding in accordance with the
construction drawings. BESH shall also attend weekly project meetings run by the
contractor during construction. BESH will review and approve shop drawings,
results of tests and inspections and other data that the contractor is required to
submit.
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
Based upon the on-site observations and signed and sealed as-built survey
provided by the contractor, Booth, Ern, Straughan & Hiott, Inc., shall prepare and
submit as-built construction drawings and certifications of completions to the Owner.
This task also includes any necessary redesign required due to discovery of
previously unknown impediments to design.
FEE: $33,280.00 (NOT TO EXCEED,TO BE BILLED
HOURLY, ESTIMATE BASED UPON 26 WEEK
CONSTRUCTION TIME,8 HOURS PER WEEK)
TASK 010 LANDSCAPE, IRRIGATION, AND HARDSCAPE DESIGN
Landscape, Irrigation and Hardscape Design and Construction Administration
Services for this task to be provided by Michael Pape & Associates (MPA)
A. 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.
B. 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 to recommendations
accordingly for their removal or preservation.
C. 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.
D. MPA will assist BESH and the Design Team in respect to hardscape layout
and area development design issues for the final design.
E. MPA will coordinate with others performing lighting design to avoid/resolve
possible conflicts with street lights and tree placement.
F. 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.
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
G. 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.
H. Subject to preliminary design approval, MPA will develop the final landscape
design and prepare construction drawings.
Based on the final landscape design, MPA will design the irrigation system
and prepare construction drawings.
J. MPA will prepare specifications and other bid documents as specifically
required for landscaping and irrigation, along with a final opinion of probable
cost.
K. 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.)
L. Time has been allotted by MPA for the project administration as a necessary
component for a project of this magnitude, duration, and complexity.
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. We anticipate a 6-month
construction period for this project, which will likely entail biweekly meetings.
Besides such routinely scheduled meetings, we know that significant time will be
required for other standard CA tasks, including:
A. Bid coordination for landscaping and irrigation, including participation in a
Pre-Bid Conference, review and coordination on RFIs during bidding,and bid
evaluation.
B. 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: $26,345.00
Construction Administration Fee: $9,300.00
TOTAL FEE: $35,645.00
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
TASK 011 ELECTRICAL DESIGN
Electrical Design and Construction Administration Services for this task to be
provided by Electric Services, Inc. (ESI)
A. Site investigation and documentation of existing conditions.
B. Power systems design including new rack mounted service locations and
distribution systems.
C. Roadway lighting design and circuitry.
D. Electric device layout, in-grade vendor power supplies, circuitry and controls.
E. Required fault current calculations as coordinated with electric utility.
F. Coordination with local electric utility for new service and pole light locations.
G. Bid period services including interpretation of the construction documents,
response to contractor questions and the issuing of clarifications to the
construction documents.
H. Construction period services including review of contractor submittals,
response to contractor request for information and up to four (per phase)
periodic site visits during construction for the review of the contractor's
general compliance with the construction documents.
Design Fee: $10,500.00
Construction Administration Fee: $3,200.00
TOTAL FEE: $13,700.00
TASK 012 GEOTECHNICAL INVESTIGATION
Propose to conduct the following scope of investigation:
• Core eleven (11) locations along West Avenue and Osceola Street and
perform hand auger borings to a depth of 7 feet within the cored locations.
• Perform laboratory tests as needed to properly characterize the encountered
subsurface soils and roadway materials.
• Prepare a report presenting our investigation methods, our findings and our
conclusions and recommendations for the streetscape project.
FEE: $2,600.00
TASK 999 REIMBURSABLES
Reimbursables to be billed based upon direct expense incurred by Booth, Ern,
Straughan & Hiott, Inc., blueprints, copies, mylars, reproductions, postage, etc.
FEE: $2,000.00 (TO BE BILLED AT COST)
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
FEE SUMMARY
TASK AMOUNT
TASK 001 $ 20,255.00
TASK 002 $ 6,400.00
TASK 003 $ 53,600.00
TASK 004 $ 8,800.00
TASK 005 $ 7,680.00
TASK 006 (IF REQUIRED) $ 4,000.00
TASK 007 $ 8,100.00
TASK 008 $ 7,500.00
TASK 009 $ 33,280.00
TASK 010 $ 35,645.00
TASK 011 $ 13,700.00
TASK 012 $ 2,600.00
TASK 999 $ 2,000.00
TOTAL $ 203,560.00
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
1. Boundary Survey
2. Topography Survey
3. Traffic Study / Impact Analysis
4. Environmental Assessments
5. Geotechnical Investigations
6. Army Corp. of Engineers Dredge and Fill
7. Off-site Utilities Design
8. Off-site Roadway or Transportation Improvements
9. Offsite Right-of-Way survey for utilities.
10. NPDES Permitting
11. Reimbursables to be billed based upon direct expense incurred by Booth,
Ern, Straughan & Hiott, Inc., for blueprints, copies, mylars, reproductions,
postage, etc.
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
12. Advance of permit fees, impact fees, title search fees, recording or
advertising fees.
13. The above prices allow for up to two (2) response submittals for any request
for additional information letters from referenced agencies. Any additional
request's will be billed on an hourly basis based on the attached hourly rate
schedule.
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 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 II $80.00/HOUR
BUILDING INSPECTOR $65.00/HOUR
CONSTRUCTION ENGINEER $90.00/HOUR
FXPFRT TESTIMONY PROFFSSIONAI 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
FXPFRT TFSTIMONY PROFFSSIONAL SURVFYOR $300 00/HOUR
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 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 '/2 x 11 $0.10
8 '/2 x 14 $0.10
11 x 17 $0.20
Color Copies
8 '/2 x 11 $0.25
81/2x14 $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
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 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 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.
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
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 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 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.
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
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
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.
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.
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PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
B. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL BESH BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT
LIMITATION LOST PROFITS, LIQUIDATED DAMAGES, DELAYS, LOSS OF
PRODUCTIVITY, INEFFICIENCY, LOSS OF GOOD WILL, OR ANY OTHER DAMAGES
WHICH ARE SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL. THE LIABILITY
OF BESH TO CLIENT, FOR ANY CAUSE OR COMBINATION OF CAUSES ARISING OUT
OF OR RELATED TO THIS AGREEMENT,SHALL BE LIMITED TO THE TOTAL AMOUNT
OF THE COMPENSATION PAID BY CLIENT TO BESH PURSUANT TO THIS
AGREEMENT.
C. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between BESH and Client and supercedes
any and all prior or contemporaneous understandings,representations and agreements,oral
or written. No amendment, modification or waiver hereof will be binding on BESH unless
made in writing and duly executed by an authorized representative of BESH.
D. WAIVER:
The failure of BESH to enforce any provision of this Agreement or to exercise any right
accruing through the default of the Client hereunder,shall not constitute a waiver of any other
rights of BESH with respect to this Agreement.
E. COSTS AND ATTORNEY'S FEES:
In the event of any litigation to enforce the terms of this Agreement, BESH shall be entitled
to recover court costs and reasonable attorney's fees for all proceedings,including at the trial
court level,on appeal,and in connection with bankruptcy court proceedings. In the event that
BESH retains the services of an attorney to collect from Client any sums due hereunder,
BESH shall be entitled to recover from Client all fees and costs incurred with said attorney,
whether suit is brought or not.
F. GOVERNING LAW; VENUE:
This Agreement shall be governed by and construed under the laws of the State of Florida.
Venue for any proceeding based upon this Agreement shall lie exclusively in the state court
of competent jurisdiction in Lake County, Florida.
G. SEVERABILITY:
If any provision of this Agreement is held invalid or otherwise unenforceable, the
enforceability of the remaining provisions shall not be impaired thereby but rather this
Agreement shall be construed as if not containing the particular invalid or unenforceable
provision or provisions and the rights and obligations of the parties shall be construed and
enforced accordingly.
H. STATEMENT REGARDING DESIGN PROFESSIONALS
(ABSENCE OF LIABILITY).
THIS AGREEMENT HAS BEEN ENTERED INTO BETWEEN
CLIENT AND BESH. CLIENT ACKNOWLEDGES AND
i
Page -15- INIT.
PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
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 -16- IN T.
PROJECT: Clermont Downtown Streetscape, Phase I, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: December 1, 2017
AUTHORIZATION TO PROCEED
PROPOSAL FOR CIVIL ENGINEERING AND SURVEYING SERVICES
AS DESCRIBED IN THE ATTACHED PROPOSAL
To acknowledge your agreement with the terms and conditions set forth in this Agreement
(consisting of the Proposal for Services, the Terms and Conditions,the Hourly Rate Schedule and
this Authorization to Proceed), and to provide Booth, Ern, Straughan & Hiott, Inc. (BESH) with
Client's authorization to proceed with the work described in the Agreement, please fill out and sign
the Authorization to Proceed below and return it to our office. We will schedule the work upon
receipt of the executed Authorization to Proceed. The contract prices, hourly rates, and costs for
printing and similar expenses set forth in this Agreement shall be valid for ninety (90) days from
the date of this proposal. If this Agreement is not accepted by Client within said period of ninety
(90) days, BESH reserves the right to modify any and all of the contract prices, hourly rates and
cost figures set forth herein.
Retainer Amount: $ Yv71
THIS PROPOSAL/AGREEMENT ACCEPTED THIS lad DAY OFfl)'rmi v, 2017.
Booth, Em, Straughan & Hiott, Inc. Client
--
Signature Signature
,,; (Y
By: Duane K. Booth, P.E. By: C4 t `
Title: Principal Title: a.4 o r
Page-17-