Contract 2020-063A#2020-63-A
CIVIL ENGINEERING AND SURVEYING SERVICES PROPOSAUAGREEMENT
FOR
CLERMONT DOWNTOWN STREETSCAPE, PHASE 3
CLERMONT, FLORIDA, LAKE COUNTY
(CONTRACT NO.2014-102)
ENGINEER:
Booth, Ern, Straughan & Hiott, Inc.
902 N. Sinclair Avenue
Tavares, Florida 32778
(352) 343-8481 - Phone
(352) 343-8495 - Fax
duanebooth besandh.com
CLIENT:
Stoney Brunson, Director
City of Clermont Public Works
400 12th Street
Clermont, Florida 34711
(352) 394-7177 - Phone
(352) 394-8776 - Fax
sbrunsonCa,) clermontfl.org
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised Mav 19, 2020, June 17, 2020, revised September 4, 2020
CIVIL ENGINEERING AND SURVEYING SERVICES PROPOSAL/AGREEMENT
SCOPE OF WORK
BESH HALFF is pleased to submit this proposal to the City of Clermont (City) for Survey,
Engineering Design, Project Coordination, and Construction Management Services for the
City of Clermont Downtown Streetscape Project, Phase 3. The proposal includes meetings
with the City, property owners, and contractor during construction. This proposal is for
design of improvements for approximately 1,850 LF along Montrose Street, 150 LF along
7tn Street and intersections at West, 8tn 7tn, and Lake Avenue at Montrose. Design will
include festival roadway and parking improvements, stormwater collection system, ADA
accessibility, festival power, street lights with power, and landscaping and irrigation.
Proposal is revised to include reconstruction of 71h Street from Minneola Avenue to
Montrose Street and extend the trail on the west side of 7th Street up to Montrose Street
(survey for this section was performed previously and update is not anticipated).
SCOPE OF WORK
TASK 001 DESIGN SURVEY AND CITY HALL PARK
Prepare a Design Survey for the City of Clermont, as part of the downtown
streetscape phase 3, encompassing West Montrose Street and 150 feet at all
intersections, as shown on the exhibit below. Horizontal and vertical survey control
will be established along the route. The survey will include establishing all of the
public right of way's associated with all streets included in the scope. All surface
improvements including, but not limited to trees, roadway improvements, sidewalks,
all surface evidence of utilities including those flagged or marked by others, storm
drainage and sanitary system information affecting the routes will be shown in detail
on the survey. The survey will include spot elevations to determine 1 foot contour
intervals. Additional spot elevations will be taken at all doorways and curbs in order
to assure compliance with ADA. Topographic coverage will include full right of way
of streets in the scope and an additional 5 feet beyond the apparent right of way
line. It is understood that the City will locate and mark all City owned utilities. All
other underground utilities such as telephone, power, cable, gas and fiber optic will
be located by Precise Locating Services, Inc.
FEE: $52,400.00
Page 2
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
F7OWNTOWN STRRWi-F1SGAPF
Portions lying in:
Section 24, Township 22 South, Range 25 East
Clermont, Florida 34711
NOTES:
The Surveywill be prepared underthe direction and supervision of Professional Surveyor
and Mapper licensed in the State of Florida. The Survey will be in accordance with the
adopted "Standards of Practice" for land surveying as required by Chapter 5J-17.052,
Florida Administrative Code pursuant to Section 472.027, Florida State Statutes.
The job will be completed within 50-60 business days upon receiving executed
Authorization to Proceed.
Deliverables to include supplying the client with six (6) signed and sealed copies of said
survey.
Requests made for surveys to be sent overnight will be paid by the client. A Federal
Express account number will be required.
Any Boundary Surveys requiring title commitment review, with the addition of adding
exceptions to survey will be at an additional quoted fee after receiving the title
commitment.
Page 3
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT? City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
When the survey has been completed, and copies of the signed & sealed survey
have been delivered to the client or his/her representatives, then this contract will
be considered complete and fulfilled. Although if a mistake (typo, missing
dimension, etc.) is found it will be corrected at no charge and a new survey will be
issued. If further additions to the survey are requested or mistakes from a third party
are found and are requested to be corrected on the survey then an additional fee will
be required. A change order to the original contract will be issued outlining what
corrections will be made, with a fee amount required to make said corrections. If
additional mistakes from a third party are found at a later date, then an additional
change order and fee will be required.
TASK 002 UNDERGROUND UTILITY LOCATES (PRECISE LOCATING SERVICES,
INC.)
Designate the horizontal positions for, but not limited to, Telephone, Gas, CATV,
CenturyLink Fiber Optic Cable, City of Clermont Fiber Optic Cable, Water, Street
Light Electric, and buried Power R/W to R 1W. Starting at West Street east on
Montrose Street to Lake Avenue to include 150 feet south on 7th Street
approximately 1,950 feet. Locate City Hall Park area on the west side of City Hall.
Montrose Street Locate
$8,910.00
City Hall Park Locate
$1,375.00
TOTAL FEE:
$10,285.00
This estimate does not include lane closures, permits, or bonds. Precise Locating
Services equipment and methods for finding/locating underground utilities and
features are the industry recognized procedures. Although effective and reliable,
there is the possibility that all utilities may not be located or field verified due to
environmental or soil conditions, water table, excessive depth, feature makeup
and/or equipment limitation.
TASK 003 ENGINEERING DESIGN
BESH HALFF will prepare final engineering construction drawings for the
streetscape project along Montrose and 7th Street as described in the Scope of
Services. The project design scope shall be as follows:
Montrose from West to Lake Street is planned as a brick festival street section
(similar to Osceola) and 7th Street to Montrose south 150 feet is proposed as a brick
treatment road section. Both road sections to include parallel parking, flush or
raised curb, ADA wide sidewalks and ramps, landscape island, irrigation, LED
lighting with receptacles matching Phase 1 and 2, and in grade vendor power.
Page 4
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
71h Street from Minneola Avenue to Montrose Street to include the Minneola
intersection to be reconstructed as a new asphalt paved street replacing sidewalks
and curbing and addition of a 10 foot trail along west side.
Stormwater design will include sizing of pipes for future development and
redevelopment. Water main replacement and upsizing to 10" along with new
service connections and fire hydrants. No sewer main work is anticipated in this
scope.
Project elements will be reviewed and approved by City Staff and no presentations
to City Council are anticipated at this time.
FEE: $100,940.00
TASK 004 STORMWATER DESIGN
BESH HALFF 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 and include additional property south side of
Montrose for potential redevelopment.
FEE: $16,300.00
TASK 005 PROJECT MANAGEMENT, COORDINATION, AND MEETINGS
It is anticipated that BESH HALFF 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: $8,250.00
TASK 006 SJRWMD PERMIT MODIFICATION TO VICTORY POINT PERMIT
Modify Victory Point Stormwater Permit to include additional lands south side of
Montrose not included in original permit. Some area in Phase 1 is not going to
Victory Point as permitted. This is proposed to be a land swap and not a redesign
of Victory Point ponds.
FEE: $10,800.00
Page 5
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
TASK 007 FDEP WATER PERMITTING
Prepare and submit FDEP General Permit application for water distribution
system. Coordinate with the City of Clermont for review of potable water
system and signing of FDEP application as utility provider, attend meeting(s)
with City, and respond to request for additional information (RAI) from City
or FDEP.
FEE: $1,500.00
TASK 008 UTILITY COORDINATION
BESH HALFF 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 HALFF 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 009 GEOTECHNICAL INVESTIGATION (ANDREYEV ENGINEERING, INC.)
AEI proposes to conduct the following scope of investigation:
Core seven (7) locations along Montrose and 7th 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: $1,530.00
TASK 010 ELECTRICAL DESIGN AND CONSTRUCTION ADMINISTRATION
(ELECTRICAL SERVICES, INC.)
ESI proposes to conduct the following scope of work.
• Site investigation and documentation of existing conditions.
• Power systems design including new rack mounted service locations and
distribution systems.
• Roadway lighting design and circuitry.
• Electric device layout, in -grade vendor power supplies, circuitry and
controls.
• Required fault current calculations as coordinated with electric utility.
Page 6
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
• Coordination with local electric utility for new service and pole locations.
• Coordination with electric utility for overhead power to underground. In
addition, ESI shall include electric utility primary conduits to the electrical
design documents as coordinated with utility. Design excludes individual
service designs of facilities that may require re -configuration from
overhead to underground service. These can be addressed on a
case -by -case basis if required.
• Bid period services including interpretation of the construction documents,
response to contractor questions and the issuing of clarifications to the
construction documents.
• 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.
FEE: 23,000.00
TASK 011 LANDSCAPE ARCHITECTURAL SERVICES (MICHAEL PAPE &
ASSOCIATIONS, PA)
MPA proposes to conduct the following scope of work.
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 HALFF
with sleeving locations for inclusion in the utility plans.
4. MPA will assist BESH HALFF and the Design Team in respect to hardscape
layout and area development design issues for the final design.
Page 7
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
5. MPA will coordinate with others performing lighting design to avoid/resolve
possible conflicts with streetlights 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.
7. Based on the understanding that the site street furnishings have been selected
and approved by the City, MPA will assist BESH HALFF 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 HALFF, 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.
CONSTRUCTION ADMINISTRATION SERVICES
MPA 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 will 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:
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.
FEE: $38,000.00
Page 8
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
TASK 012 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 HALFF shall also attend
weekly project meetings run by the contractor during construction. BESH HALFF
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 (TO BE BILLED HOURLY)
(ESTIMATE BASED UPON 26 WEEK
CONSTRUCTION TIME, 8 HOURS PER
WEEK. ADDITIONAL FEES MAY BE
REQUESTED IF ADDITIONAL TIME IS
NEEDED)
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 9
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: May 12, 2020, revised May 19, 2020, June 17, 2020, revised September 4, 2020
FEE SUMMARY
TASK
AMOUNT
TASK 001
$
52,400.00
TASK 002
$
10,285.00
TASK 003
$
100,940.00
TASK 004
$
16,300.00
TASK 005
$
8,250.00
TASK 006
$
10,800.00
TASK 007
$
1,500.00
TASK 008
$
8,100.00
TASK 009
$
1,530.00
TASK 010
$
23,000.00
TASK 011
$
38,000.00
TASK 012
$
33,280.00
TASK 999
$
2,000.00
TOTAL
Is
306,385.00
THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS:
1. Boundary Survey
2. Topography Survey
3. Soil Boring Location and Elevation Survey
4. Monumentation of wetlands for Conservation Easement
5. Platting
6. Sketch and Descriptions for Conservation Easements
7. Offsite Right -of -Way survey for utilities.
8. Tree Survey
9. As -built Survey
10. Off -site Utilities Design
11. Off -site Roadway or Transportation Improvements
12. Boat Dock and Ramp Design/Permitting
13. CADD support for environmentalist.
14. FEMA CLOMR
Page 10
PROJECT: Clermont Downtown Streetscape, Phase 3, Clermont, Florida, Lake County
CLIENT: City of Clermont
DATE: Mav 12, 2020, revised Mav 19, 2020, June 17, 2020, revised September 4, 2020
15. FEMA Map Amendment
16. NPDES Permitting
17. Bid Documents & Bidding
18. Conditional Use Permit
19. Earthwork Calculations
20. Construction Administration
21. Rezoning
22. Land Use Changes
23. Franchise Utility Coordination
24. Conversion of AutoCad Files to any other format
25. Signing and Pavement Marking Plans
26. Written Specifications
27. Cost Estimating
28. Environmental Assessments
29. Army Corp. of Engineers Dredge and Fill
30. Florida Fish and Wildlife Conservation Commission Permit
31. Wetland Flagging/Delineation
32. Landscape/Irrigation Plans
33. Hardscape, Walls, Entry Features
34. Lighting/Photometric Design
35. Electrical Controls for Lift Stations
36. Geotechnical Investigations
37. Traffic Study / Impact Analysis
38. Retaining Wall Structural Design
39. Noise Study
40. Reimbursables to be billed based upon direct expense incurred by Booth,
Ern, Straughan & Hiott, Inc., for blueprints, copies, mylars, reproductions,
postage, etc.
41. Advance of permit fees, impact fees, title search fees, recording or
advertising fees.
42. 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 11
HOURLY RATE SCHEDULE
(2014)
Professional Services shall be charged at the following rate schedule:
ENGINEERING
PROFESSIONAL ENGINEER PRINCIPAL
$145.00/HOUR
PROFESSIONAL ENGINEER
$130.00/HOUR
PROJECT ENGINEER
$110.00/HOUR
ENGINEER TECHNICIAN I
$95.00/HOUR
ENGINEER TECHNICIAN II
$75.00/HOUR
BUILDING INSPECTOR
$65.00/HOUR
CONSTRUCTION ENGINEER
$85.00/HOUR
EXPERT TESTIMONY PROFESSIONAL
ENGINEER
$300.00/HOUR
SURVEYING
PROFESSIONAL SURVEYOR (PRINCIPAL)
$145.00/HOUR
PROFESSIONAL SURVEYOR
$110.00/HOUR
3 MAN FIELD CREW
2 MAN FIELD CREW
$145.00/HOUR
$125.00/HOUR
SURVEY TECHNICIAN I
$95.00/HOUR
SURVEY TECHNICIAN II
$75.00/HOUR
SURVEY TECHNICIAN III
$30.00/HOUR
TITLE RESEARCHER
$110.00/HOUR
EXPERT TESTIMONY PROFESSIONAL $300.00/HOUR
SURVEYOR
Page 12
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)
Encilineering 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 %x 11.........................................$0.10
8'/2 x 14.........................................$0.15
11 x 17..........................................$0.20
Color Copies
8Y2x11.........................................$1.20
8 Y2 x 14.........................................$1.45
11 x 17..........................................$1.70
Other Printina Services
24 x 36 Vellum.....................................$9.00
24 x 36 Mylar......................................$12.00
24 x 36 Photo Paper, Color ................ $36.00
24 x 36 Foam Board...........................$20.00
Other Services
Fax ....................................... $1.00/Copy
Postage (Fed -Ex, Certified Mail, Etc) ... @ cost
Concrete Monuments .......................... $10.00
Rebar.................................................... $2.00
Mileage (T/M Projects Only) .................. $0.59
Page 13
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 BESH HALFF has agreed to
perform certain professional engineering and/or surveying services for and on
behalf of the City of Clermont. 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 HALFF 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
HALFF 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 HALFF pursuant
to this Agreement are and at all times shall remain the property of BESH HALFF.
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 HALFF. If
payment for services is not received in accordance with Section ll.(C)(Payment) of
this Agreement, BESH HALFF 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 HALFF
pursuant to this Agreement are and at all times shall remain the property of BESH
HALFF. Signed and sealed surreys 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 HALFF. After ninety (90) days and within
Page 14
one hundred eighty (180) days following issuance of the survey, BESH HALFF will
revise certifications and will visually inspect the subject property for the purpose of
reissuing a signed and sealed survey, charging its then -current hourly rates for
performing said services and reissuing the survey.
D. FEE RENEGOTIATION:
The Proposal for Services describes the specific services to be performed and
tasks to be undertaken by BESH HALFF 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
HALFF 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 HALFF and Client.
If any of said regulations change during the permitting and design phase of this
project, BESH HALFF 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 HALFF cannot guarantee the acquisition of any or all of the permits and/or
approvals that shall be required for Client's project. BESH HALFF 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 HALFF regardless of agency/governmental actions, including
without limitation the failure of one or more governmental agencies to give the
necessary approval for the project.
COMPENSATION
A. ADDITIONAL SERVICES:
BESH HALFF shall be fully compensated by Client for all additional services
performed by BESH HALFF, including, without limitation, the following:
1. Changes made at Client's request to the scope of services defined in this
Agreement.
Page 15
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 HALFF 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 HALFF, BESH
HALFF shall be reimbursed for all out-of-pocket expenses incurred by BESH
HALFF, 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 HALFF'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 HALFF
C. PAYMENT:
BESH HALFF shall submit invoices to Client on a semi-monthly (twice per month)
basis. On each invoice, BESH HALFF 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 HALFF
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 HALFF 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
HALFF pursuant to said task has been changed and the compensation to be paid
to BESH HALFF has been modified pursuant to Section II.A. of these Terms and
Conditions, BESH HALFF will continue to perform its services under that task
without additional charges for its services until BESH HALFF has performed all
work required by that task. Client shall notify BESH HALFF 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. In the event that any check tendered by client is returned for any reason,
Client shall be obligated to pay a returned check fee to BESH HALFF in one of the
following amounts, whichever is greatest: the sum of $50.00, the amount charged
to BESH HALFF by the bank, or 5% of the face amount of the check.
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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 HALFF 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 HALFF 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 HALFF shall not be liable for any delays or failure in performance due to
contingencies beyond BESH HALFF'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 HALFF's time for
performance shall be extended for such time as may be reasonably necessary to
enable BESH HALFF to perform.
B. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL BESH HALFF 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 HALFF 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 HALFF PURSUANT TO THIS
AGREEMENT.
C. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between BESH HALFF and
Client and supersedes any and all prior or contemporaneous understandings,
representations and agreements, oral or written. No amendment, modification or
waiver hereof will be binding on BESH HALFF unless made in writing and duly
executed by an authorized representative of BESH HALFF.
D. WAIVER:
The failure of BESH HALFF to enforce any provision of this Agreement or to
exercise any right accruing through the default of the Client hereunder, shall not
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constitute a waiver of any other rights of BESH HALFF 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 HALFF
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 HALFF retains the
services of an attorney to collect from Client any sums due hereunder, BESH
HALFF 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 HALFF. CLIENT ACKNOWLEDGES AND
AGREES THAT THE INDIVIDUAL EMPLOYEES AND AGENTS
OF BESH HALFF, INCLUDING WITHOUT LIMITATION THE
DESIGN PROFESSIONALS WHO ARE EMPLOYEES OR
AGENTS OF BESH HALFF, ARE NOT PARTIES TO THIS
AGREEMENT. PURSUANT TO SECTION 558.0035,
FLORIDA STATUTES, THE INDIVIDUAL EMPLOYEES OR
AGENTS OF BESH HALFF (INCLUDING WITHOUT
LIMITATION ALL ENGINEERS, SURVEYORS, AND OTHER
DESIGN PROFESSIONALS WHO ARE EMPLOYEES OR
AGENTS OF BESH HALFF), 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.
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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 BESH HALFF 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 HALFF 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 _L3 DAY OF 2020.
BESH HALFF
Client
Signature
SignaturE
By: Duane K. Booth, P.E.
Title: Operations Manager, VP�
By:
Title:
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CLIENT INFORMATION FORM
To assist BESH HALFF, 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, BESH HALFF, reserves the right to require a retainer prior to commencing services.)
Is the property accessible? If gated/locked, who shall BESH HALFF 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:
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