Contract 2018-98r
CONTRACTOR AGREEMENT
THIS AGREEMENT, is made and entered into this i day of UeGe-/Y!h�
2018, by
and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont,
Florida, (hereinafter referred to as "OWNER"), and WILLIAM MEDLEY
CONSTRUCTION, INC. D/B/A MEDLEY SPORTS CONSTRUCTION, whose address
is: 32132 Hickory Lane, Sorrento, FL, (hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I—SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the specifications
entitled:
RFB NO. 19-006 titled Lake Felter Park Renovations: Phase II,
as prepared by Owner and its agents shall do everything required by this Contract and the
other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II—THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract, in lawful tender of the United States, and subject to addition and deductions as
provided in the Contract Documents and incorporated herein as Exhibit"A"and the Price
Schedule. The total contract sum shall not exceed NINETY NINE THOUSAND FOUR
HUNDRED DOLLARS ($99,400)
ARTICLE III—COMMENCEMENT AND COMPLETION OF WORK
1.) The CONTRACTOR shall commence work within ten (10) calendar days after
receipt of(i) Notice to Proceed, and (ii) receipt of all permits required to perform
the work, and the CONTRACTOR will substantially complete the same within
forty five(45)calendar days,unless the period for completion is extended otherwise
by the CONTRACT DOCUMENTS. Final completion shall be fifteen (15)
calendar days thereafter.
2.) The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3.) The CONTRACTOR further declares he has examined the site of the work and that
from personal knowledge and experience or that he has made sufficient
investigations to fully satisfy himself that such site is correct and suitable for the
1
work and he assumes full responsibility therefore. The provisions of this Contract
shall control any inconsistent provisions contained in the specifications. All
Drawings and Specifications have been read and carefully considered by the
CONTRACTOR, who understands the same and agrees to their sufficiency for the
work to be done. It is expressly agreed that under no circumstances, conditions or
situations shall this Contract be more strongly construed against the OWNER than
against the CONTRACTOR and his Surety.
4.) As-built drawings, warranties acceptable to OWNER must be submitted to the
OWNER before final payment will be made to the CONTRACTOR.
ARTICLE IV—LIQUIDATED DAMAGES
1.) It is mutually agreed that time is of the essence in regard to this Contract. Therefore,
notwithstanding any other provision contained in the Contract Documents, should
the CONTRACTOR fail to complete the work within the specified time as set by
the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall
pay to OWNER the sum of One Hundred Fifty Dollars ($150.00)per calendar day
as fixed,agreed and liquidated damages for each calendar day elapsing beyond the
specified time date; which sum shall represent the damages sustained by the
OWNER, and shall be considered not as a penalty, but in liquidation of damages
sustained. CONTRACTOR shall pay the liquidated damages amount contained
herein to Owner within fifteen (15)days of receipt of Owner's written demand for
such payment.
2.) For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall
be considered a day schedule for protection.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30) calendar days of receipt of the invoice.
ARTICLE VI—ADDITIONAL BONDS
It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bonds hereto attached for its faithful
performance and payment of labor and materials, the OWNER shall deem the Surety or
Sureties upon such bonds to be unsatisfactory,or if, for any reason, such bonds cease to be
adequate to cover the performance and payments of the work, the CONTRACTOR shall,
at his expense, and within seven (7) days after receipt of Notice from the OWNER to do
2
so, furnish additional bonds,in such form and amounts, and with such Sureties as shall be
satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR
shall be deemed due under this Agreement until such new or additional security for the
faithful performance and for payment of labor and materials of the work shall be furnished
in manner and form satisfactory to the OWNER.
ARTICLE VII—DISPUTE RESOLUTION - MEDIATION
1.) Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary arbitration
or the institution of legal or equitable proceedings by either party.
2.) The Owner and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3.) The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VIII—INSURANCE AND INDEMNIFICATION RIDER
1.) Worker's Compensation Insurance-The CONTRACTOR shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this contract at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the Owner, for the protection of employees not otherwise protected.
2.) CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
3
Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3.) SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4.) Owner's and Constractor's Protective Liability Insurance-The Owner shall
procure and furnish an Owner's and Constractor's Protective Liability Insurance Policy
with the following minimum limits:
(a) Bodily Injury Liability& $1,000,000 Each($2,000,000 aggregate)
Property Damage Liability Occurrence
Combined Single Limit
5.) "XCU" (Explosion, Collapse, Underground Damage) - The
CONTRACTOR's Liability Policy shall provide"XCU"coverage for those classifications
in which they are excluded.
6.) Broad Form Property Damage Coverage,Products&Completed Operations
Coverages-The Constractor's Liability Policy shall include Broad Form Property Damage
Coverage,Products and Completed Operations Coverages.
7.) Contractual Liability Work Contracts - The Constractor's Liability Policy
shall include Contractual Liability Coverage designed to protect the CONTRACTOR for
contractual liabilities assumed by the CONTRACTOR in the performance of this
Agreement.
8.) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the Owner and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death,or to injury to or destruction of tangible property(other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable,regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
4
(b) In any and all claims against the Owner or any of its agents or employees
by any employee of the CONTRACTOR, any subCONTRACTOR,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligations
under this Paragraph shall not be limited in any way by any limitation
on the amount or type of damages,compensation or benefits payable by
or for the CONTRACTOR or any subCONTRACTOR under workers'
or workmen's compensation acts, disability benefit acts or other
employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the Owner for the
indemnification provided herein.
ARTICLE IX—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: William Medley Construction, Inc.
d/b/a Medley Sports Construction
32132 Hickory Lane
Sorrento, FL 32776
Attn: Erik Medley, President
OWNER: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE X—MISCELLANEOUS
1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2) Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
5
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3) Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4) Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5) Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6) Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7) Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8) Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9) Public Records. CONTRACTOR expressly understands records associated with
this project are public records and agrees to comply with Florida's Public Records
law,to include,to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
6
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352)241-7331.
ARTICLE XI—CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and herein made a part,
are as fully a part of this Contract as if herein repeated.
Document Precedence:
1) Contract Agreement
3) All documents contained in RFB No.: 19-006 titled Lake Felter Park Renovations:
Phase II and CONTRACTOR's response thereto.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on//\\
this I / day of � e/1,tb&1 ,2018.
Az(City of Clermont
Gail L. Ash, Mayo
Attest:
Tracy Ackroy. Howe, City Clerk
WILLIAM MEDLEY CONSTRUCTION, INC.
D/B/A MEDLEY PORTS CONSTRUCTION
By:
(Signa ure)
f0-112 - 12,i3►.0.fr
(Name & Title Printed or Typed)
Attest:
X4a 444
Corporate Secretary
Nt fa/ 'sd f 1
(Name Printed or'yped)
8
EXHIBIT A
SECTION -C
PRICE SCHEDULE
NOTE: By signing this form, the respondent fully acknowledges that there will be no additional
compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the
number of items authorized,ordered, placed, and accepted by the City.
L.N. Description Qty !Unit Total Amount
Lake Fetter Park Asphalt Basketball Court Resurface 1 1 Job
1 (East Side) I)L\5o
Lake Fetter Park Concrete Basketball Court Resurface
2 1 /Job 11)5'00
(West Side)
3 Lake Fetter Park Bleachers 1 /Job A 20
4 Lake Felter Park Multi-Purpose Field Fencing 1 /Job
5 Lake Fetter Park Basketball Courts Fencing 1 /Job A DJO
Lump Sum Price 9 oz)
Contractor's Days to Substantial Completion: ^20-y5 Calendar Days.
Not to Exceed: Sixty (60) Calendar Days from Issuance of Purchase Order or Notice To
Proceed. Final Completion Shall Be Fifteen (15) Calendar Days Thereafter.
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this
solicitation,and is acting in an authorized capacity to execute this response. The respondent also certifies
that it can and will provide and make available, ata minimum, the items set forth in this solicitation.
Respondent Information and Signature
Company Name(print): MrOL Y 5f04T5 45i4'3Tr :71o'
Street Address: 3-2,15-7. f i�dtib L—
Mailing Address(if different): 32:174
Telephone: 2 - -Ilk 31, Fax:
Email: -fL 1 It 6,M FoiL vL7'b-' .6,'`" Payment Terms: 961- days,net 30
FEIN: 2 � 4. - IL � Professional.License No.: C'(- I7 ) 5S
Signature: Date: r16V, 3 ?,olg
Print Name: jt 1)e. MFOLj—Y Tdle: /7 10
Does the respondent accept payment using the City's MASTERCARD? 4'Yes 0 No
END OF SECTION-C
RFB No: 19-006
Page 16 of 34
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.ord
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
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 Engineering Design, Project Coordination, and Construction
Management Services for the City of Clermont Downtown Streetscape Project, Phase 2.
The proposal includes meetings with the City, property owners, and contractor during
construction. 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 7th
Street, and grading and utilities associated with "Meet us in the Middle Plaza". Design will
include roadway and parking improvements, adjustments to the stormwater collection
system, park grading, and ADA accessibility.
SCOPE OF WORK
TASK 001 ENGINEERING DESIGN
BESH will prepare final engineering construction drawings for the streetscape
project along W. Minneola Avenue and 8th Street. The project design scope shall
be as follows:
W. Minneola Street, from West to 8"' Street, is planned as an asphalt road section
and 8th Street to 7th Street a brick treatment road section, with parallel parking, 12
foot bike trail and sidewalk along the north side and angle parking and sidewalk
along the south side of the road. Improvements will include drop curb, F curbing,
ADA accessible ramps, islands, landscaping, irrigation and LED lights with
receptacles matching Phase 1 designs.
8th Street, from Montrose Street to Osceola Street, is planned as a brick treatment
road section with curbing, parallel parking each side and sidewalks each side.
Improvements will include drop curb, F curbing, ADA accessible ramps, islands,
landscaping, irrigation and LED lights with receptacles matching Phase 1 designs.
Currently no event power is planned for the Phase 2 project area and minimal
adjustments to water and sewer are anticipated.
Project elements will be reviewed and approved by City Staff and no presentations
to City Council are anticipated at this time.
FEE: $63,550.00
Page -2-
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
TASK 002 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 GAI Consultants.
Project will include analysis of two (2) drainage basin areas and include impervious
area for currently vacant parcels. City will provide Design Plans in Acad and
stormwater modeling associated with the Victory Point Project for our use in this
design effort.
FEE: $16,300.00
TASK 003 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
TASK 004 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 005 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
Page -3-
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
TASK 006 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 007 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.
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 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)
Page -4-
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
FEE SUMMARY
TASK AMOUNT
TASK 001 $ 63,550.00
TASK 002 $ 16,300.00
TASK 003 $ 7,680.00
TASK 004 $ 4,000.00
TASK 005 $ 8,100.00
TASK 006 $ 7,500.00
TASK 007 $ 33,280.00
TASK 999 $ 2,000.00
TOTAL $ 142,410.00
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. Landscape/Irrigation Plans
8. Off-site Utilities Design
9. Off-site Roadway or Transportation Improvements
10. Offsite Right-of-Way survey for utilities.
11. NPDES Permitting
12. Lighting/Photometric Design
13. Electrical Controls for Lift Stations
14. Reimbursables to be billed based upon direct expense incurred by Booth,
Ern, Straughan & Hiott, Inc., for blueprints, copies, mylars, reproductions,
postage, etc.
15. Advance of permit fees, impact fees, title search fees, recording or
advertising fees.
16. 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.
Page -5-
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
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 TFSTIMONY PROFFSSIONAL FNGINFFR $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 TFSTIMONY PROFFSSIONAI SURVFYOR $300 00/HOUR
Page -6-
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29,2018
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 'A x 11 $0.10
8 '/2 x 14 $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: November 29, 2018
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, 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. 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: November 29, 2018
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.
Page -9- T.
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
B. OUT-OF-POCKET EXPENSES:
In addition to the fee schedule set forth in the Proposal for Services and the hourly rates to
be charge for all additional services performed by BESH, BESH shall be reimbursed for all
out-of-pocket expenses incurred by BESH, including, without limitation: blueprints, copies,
plots, aerials, express deliveries, specialized postage, overnight courier services (such as
Federal Express and UPS) and travel outside of the Central Florida area (greater than 25
miles from BESH's office located in Tavares, Florida). Printing and mileage expenses are
set forth on the hourly rate schedule that is part of this Agreement. All other charges shall
be billed to and paid by Client based on the actual costs incurred by BESH.
C. PAYMENT:
BESH shall submit invoices to Client on a semi-monthly(twice per month) basis. On each
invoice, BESH will bill for its services in accordance with the hourly rate schedule included
as part of this Agreement. The invoice also will identify the task or the tasks from the
Proposal for Services on which BESH performed services during the billing period. If the
Proposal for Services states a lump sum dollar figure for any particular task, the lump sum
amount will represent a"not to exceed"figure for the task in question,and BESH will continue
to bill by the hour for its services on that task until the"not to exceed"figure has been billed
in full. Thereafter, unless the scope of services to be performed by BESH pursuant to said
task has been changed and the compensation to be paid to BESH has been modified
pursuant to Section II.A. of these Terms and Conditions, BESH will continue to perform its
services under that task without additional charges for its services until BESH has performed
all work required by that task. Client shall notify BESH in writing within ten (10)days from
the date of the invoice if Client has any questions about the services performed or the
charges for those services as reflected on the invoice. Client waives any and all challenges
to the services performed and the charges for those services not raised within said ten (10)
day timeframe. All invoices shall be due and payable in full within fourteen (14) days from
the date of the invoice. All unpaid balances that remain unpaid after fourteen(14)days from
the date of the invoice shall be subject to interest on the unpaid balance at the rate of 1.5%
per month.
All outstanding invoices shall be paid in full by Client prior to plan submittal to any
permitting agency, preparation of Final Plans for building purposes, Final Recording
of Record Plat, and/or Final Certification of Completion to state and local agencies.
BESH shall have no obligation under this Agreement to submit or prepare any of the
foregoing materials unless and until Client complies with this requirement. In
addition, in the event that any balance remains unpaid for at least 45 days from the
date of the invoice which included the unpaid balance, BESH shall have the right to
terminate any and all further work on the project until Client has paid said balance in
full.
II1. 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
Al2
Page -10- INIT.
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
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 attorneys 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: November 29, 2018
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: November 29, 2018
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 DAY OF , 2018.
Booth, Ern, Strauqhan & Hiott, Inc. Client
Signature ' ---- Signature
By: Duane K. Booth, P.E. By: l�Q.a\ k
Title: Principal Title: l.A`I -
Page -13-
PROJECT: Clermont Downtown Streetscape, Phase 2, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: November 29, 2018
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 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. /
SIGNATURE: _ A-
H:\amy\WordPerfect-9.0\Proposals\City of Clermont\Downtown Streetscape 2\Engineering\BESH Proposal 11-29-18.wpd
Page -14-