HomeMy WebLinkAboutPolk Ave. Streetscape Agreement Kimley>>>Horn
September 8, 2016, Revised September 15, 2016,
Revised September 20, 2016, Revised October 24, 2016, Revised October 31, 2016
Mr. David Dickey
Community Development Director
City of Cape Canaveral
110 Polk Avenue
Cape Canaveral, FL 32920
Re: Polk Avenue Streetscape
Cape Canaveral, Florida
Dear Mr. Dickey:
Kimley-Horn and Associates, Inc. ("Kimley-Horn"or"the Consultant") is pleased to submit this letter
agreement(the"Agreement")to the City of Cape Canaveral ("City" or"the Client") for consulting
services associated with the Polk Avenue Streetscape ("the Project"). Our project understanding,
scope of services, schedule, and fee estimate are provided below.
Project Understanding
The City of Cape Canaveral Community Redevelopment Agency (CRA) has requested that Kimley-
Horn provide master planning design services for streetscape improvements to portions of Polk
Avenue between North Atlantic Avenue/AIA and Ridgewood Avenue ("Corridor"). The City has also
requested, and approved under separate agreement, conceptual planning level graphics for
Canaveral Park. Kimley-Horn will provide conceptual design services that consist of concept design
drawings, and sketches for the following:
• Segment 1 generally references the segment of Polk Avenue from N. Atlantic Avenue to
Poinsettia Avenue. Based on the Client's direction, Segment 1 is intended to include a paver
street section including travel surfaces and crosswalks.
• Traffic calming measures and designs along the corridor where feasible due to the location of
existing driveways
• Landscape improvements
• Crosswalk and sidewalk pavement treatments, limited to the design of patterning of the
following applied to existing sidewalks:
• Stain or color-treatment to existing pavers and/or existing concrete
• New pavement treatments including pavement treatments (stamped brick or similar)within
the intersections of the corridor outside of Segment 1.
• Street tree plantings in tree pit/tree grate configurations
• New hardscape treatments such as: raised planters, seat walls, and/or elevated planter
boxes along the streetscape, as well as site furnishings selections.
• Pedestrian and street lighting along Polk Avenue Light Poles may also incorporate overhead
shade features.
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
Kimley>>>Horn Mr. David Dickey, September 8, 2015, Revised September 15,2016
Revised September 20, 2016, Revised October 24,2016,
Revised October 31,2016, Page 2
• Conceptual Landscape lighting
• Public art placement/locations will be conceptually identified; no public art design is provided
in this scope.
• Identification of trees that will remain or will be proposed to be removed
• Renderings will be as described in Task 2.
Tasks 1 and 2 Concept drawings and presentation exhibits will be prepared concurrently to convey
the design intent in the form of plan drawings and elevation/perspective sketch drawings, as well as
hardscape materials, site furnishings and other streetscape elements, and landscape material photo
exhibits and precedence image exhibits. Base plans will be created using available GIS information,
CRA-provided plan drawings, and aerial photography. All draft exhibits created will be presented with
basic color used to convey the design intent for internal Client review prior to finalizing the exhibits for
presentations as defined in the following Tasks.
ASSUMPTIONS
This scope of services assumes the following:
• CRA will limit revisions to concepts (Task 1)to one round. Additional rounds of revisions will
require additional services and revision of project schedule.
• Proposed Tree and palm species will be identified. but smaller plant species will not.
• Lighting design elements (i.e. festoon and tree/palm lighting) will be illustrated.
• In the absence of available utility and infrastructure information in survey or GIS format
(water, waste water, stormwater, electric. wire utilities, etc.), will rely on information and
locations provided by the Client.
Scope of Services
TASK 1 —BASE MAPPING AND CONCEPTUAL DESIGN (PHASE I)
Kimley-Horn will provide the following as a part of this Task:
Base Map Preparation and Site Visit
Kimley-Horn will use City/CRA-provided or otherwise readily available data, such as GIS information,
aerials, existing surveys, as-built plans, and other data to compile a base map suitable for conceptual
design purposes. Kimley-Horn staff will visit the project area one (1)time and perform a visual
assessment of the existing conditions. Building entrances and storefronts will be based on aerial
photography. We will make note of overhead utilities and above-ground visual evidence of
subsurface utilities as well as other observable surface features.
Conceptual Design
Kimley-Horn will provide draft concept design exhibits for the project, including Segment 1, based on
input obtained from the Client during the site visit.The draft concept designs will be representative of
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
Kim I ey>>>H o r n Mr. David Dickey, September 8, 2015, Revised September 15,2016
Revised September20,2016, Revised October24,2016,
Revised October 31,2016, Page 3
the specific aspects of the project, as described in the Project Understanding. Kimley-Horn will
prepare one (1)draft concept for representative portions of the corridor, location for proposed lighting
features (poles or other structures for festoon lighting), and options for hardscape treatments within
the right-of-way and of the project area. Kimley-Horn will prepare a proposed planting and hardscape
palette, showing photographs of proposed material selections. Materials and furnishings selections
will be referenced to similar streetscape applications. The Phase I conceptual design will establish the
scope for Phase II construction documents (future task). It is understood Phase I plans are
conceptual and illustrative in nature and not intended to include construction plans, schematic or
preliminary engineering plans.
Upon receiving Client input and written approval, Kimley-Horn will refine the draft concept drawings
one time to create a final concept and presentable exhibits for stakeholder review and to establish a
masterplan for the future development into bid and construction plans. Presentation exhibits are
limited to the following:
• Plan view concept drawing of the corridor for the project limits (See Renderings scope below)
plus one plan view of the alternative Polk Avenue concept, closing the street to vehicular
traffic at N. Atlantic Boulevard for a one plan view concept drawing and one plan view of the
alternative Polk Avenue open space within municipal owned property.
• Up to two (2) rendered perspectives ("vignettes") illustrating typical street sections and
adjacent land use will be produced along the corridor(See Renderings scope below).
• Conceptual graphic illustrating a pocket park or public plaza for the property located on the
northwest corner of Polk Avenue and Magnolia Avenue.
• Plant palette and hardscape elements image board(s) to show materials selections
Kimley-Horn will present the conceptual designs at two meetings assumed to be held on the same
day: one to a community group and one to the City Council. It is assumed these meetings will occur
concurrently with (joint meeting) to review and discuss the Canaveral Park plan (approved under
separate agreement). Meeting locations will be selected and organized by the Client. Meeting
invitations and meeting advertisements will be the responsibility of the Client.
TASK 2— RENDERINGS AND PRESENTATION EXHIBITS
Draft Plan Rendering
Kimley-Horn will produce a draft Plan rendering of Polk Avenue. The draft plan rendering will
incorporate elements identified in the concept designs for each street, based on input obtained from
the Client during Task 1. Drafts will be presented in color on 11"x17"format.
Draft Perspective Renderings
Kimley-Horn will produce up to two (2) draft perspective/photo-simulations. The Draft renderings will
be based on Client-approved photographs of each street. Proposed improvements (new curbs,
hardscape, decorative pavement treatments, landscaping, etc.)will be applied to each photograph
kimley-horn.com 1777 Main Street, Suite 200,Sarasota, FL 34236 941 379 7600
Kim I ey>>> H o r n Mr. David Dickey, September 8,2015, Revised September 15,2016
Revised September 20, 2016, Revised October 24,2016,
Revised October 31,2016, Page 4
based on the City/CRA-approved concept design program. Once completed, the draft simulations will
be delivered electronically to the Client for review/comments/corrections.
Final Presentation Graphics
Plan presentation graphics will incorporate City/CRA staff comments, with appropriate labeling and
scale. The final plan, section, and perspective renderings presentation graphics, as described above,
will be delivered to the Client in 24"x36" and 11"x17"format, as well as electronically (JPG, PDF
format).
Additional Services
Any services not specifically provided for in the above scope may be performed as additional services
and billed at our hourly rates per the Agreement and upon authorization from the . Additional
services we can provide include, but are not limited to, the following: C ��
1. Survey services
2. Arboricultural services
3. Construction Documents
4. Bid or construction phase services
5. Traffic studies or traffic planning reports
6. Engineering Services, Maintenance of Traffic Plans
7. Attendance or project representations beyond those meetings/presentations described
above.
8. Revisions to Draft concepts or draft renderings beyond one round.
9. Project representation by Principal level staff at project meetings.
10. Preparation of detailed sketches for proposed project features.
Fee and Expenses
Kimley-Horn will perform the Scope of Services outlined in Tasks 1-2 for a lump sum labor fee of
$14,000. In addition to the lump sum labor fee, direct reimbursable expenses such as express
delivery services, fees, air travel, and other direct expenses will be billed at 1.0 times cost. All
permitting, application, and similar project fees will be paid directly by the Client.
Fees will be invoiced monthly based upon the percentage of services performed as of the invoice
date. Payment will be due within 25 days of your receipt of the invoice.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the terms and conditions in the attached Standard Provisions, which are incorporated by reference.
As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and
Associates, Inc., and the term "the Client"shall refer to City of Cape Canaveral.
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600
Kim I ey>>>Horn Mr. David Dickey, September 8,2015,Revised September 15,2016
Revised September 20,2016, Revised October 24, 2016,
Revised October 31,2016, Page 5
Kimley-Horn in an effort to expedite invoices and reduce paper waste, offers its clients the option to
receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also
provide a paper copy via regular mail if requested. Please select a billing method from the choices on
the fo lowing page:
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Please email all invoices to •
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Please email invoices to @
AND provide a hard copy to the address listed above (please note below if it should be to someone
else's attention or an alternative address).
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute both copies of this Agreement in the spaces provided below, retain one
copy, and return the other to us for our files. Fees and times stated in this Agreement are valid for
sixty(60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
---ILI.-""A .44-11.c............_..
M. Scott Minpn: , PLA, AICP B. Kelley Klepper, AICP
Vice President Senior Planner
BKK/pjg(M:\Marketing\Propose\City of Cape Canaveral\Polk Street Streetscape\AGR_R103116_POLK_AVE.docx)
Attachment-Standard Provisions
Agreed to this 'ilk day of *O ier ven7 , 2016.
CITY OF CAPE CANAVERAL
A Municipality
By: (9C".117 !-t. A_&-'J--- City Manager
iAVlb L . GIPEENE
(Print or Type Name) of
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(Email • .dr_ss) •
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(Print or Type Name and Title)
kimley-horn.com 1777 Main Street,Suite 200,Sarasota, FL 34236 941 379 7600
Kimley>>>Horn
Request for Information
Please return this information with your signed contract;failure to provide this information could result
in delay in starting your project
Client Identification
Full, Legal Name of Client CA/ O? Cap, C ,• e Jf r a
Mailing Address for Invoices 0
4510 N. AVi2r,�i� A� �2in2vcr�l frL 3292
Contact for Billing Inquiries DAv j p1 i I ,
Contact's Phone and e-mail 21 • &c 2 • )222 X. l�
Client is(check one) CC5ner7 Agent for Owner Unrelated to
// Owner
Property Identification
Parcel 1 Parcel 2 Parcel 3 Parcel 4
Street Address
County in which
Property is Located
Tax Assessor's
Number(s)
Property Owner Identification
Owner 1 Owner 2 Owner 3 Owner 4
Owner(s) Name
Owner(s) Mailing
Address
Owner's Phone No.
Owner of Which
Parcel#?
Project Funding Identification—List Funding Sources for the Project
Attach additional sheets if there are more than 4 parcels or more than 4 owners
kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941.379.7600
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform
professional services extends only to the services specifically described in this Agreement. However,if requested by
the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed
by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional
Services an amount based upon the Consultant's then-current hourly rates plus an amount to cover certain direct
expenses including telecommunications, in-house reproduction,postage,supplies, project related computer time, and
local mileage. Other direct expenses will be billed at 1.15 times cost.
(2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client
shall:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having
complete authority to transmit instructions, receive information,and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project
including all numerical criteria that are to be met and all standards of development, design,or construction.
(c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new
data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental
impact assessments or statements, upon all of which the Consultant may rely.
(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its
services.
(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining
thereto within a reasonable time so as not to delay the services of the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals
and consents from other parties as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility
services as the Client may require.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects
the scope, timing, or payment of the Consultant's services or any defect or noncompliance in any aspect of the
project.
(i) Bear all costs incidental to the responsibilities of the Client.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of a
properly executed copy of this Agreement and any required retainer amount. This Agreement is made in anticipation
of conditions permitting continuous and orderly progress through completion of the services. Times for performance
shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control.
If such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be
renegotiated.
(4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice
will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by
the Consultant for the duration of the project and applied against the final invoice. Interest will be added to accounts
not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due to the
Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the
Consultant may,after giving notice to the Client, suspend services and withhold deliverables until all amounts due are
paid in full and may commence proceedings, including filing liens, to secure its right to payment under this
Agreement.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay
Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure
payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of
receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and
owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days
of receipt.
(d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The
Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or
words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction
of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client.
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(5) Use of Documents. All documents, including but not limited to drawings, specifications, reports, and data or
programs stored electronically, prepared by the Consultant are related exclusively to the services described in this
Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not
intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this
project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any
use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the
Client's sole risk and without liability to the Consultant,and the Client shall indemnify,defend and hold the Consultant
harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting
therefrom. The Consultant's electronic files and source code developed in the development of application code
remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this
Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client,
and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies
between them and the hardcopy of the documents prepared by the Consultant,the hardcopy shall govern. Because
data stored in electronic media format can deteriorate or be modified without the Consultant's authorization,the Client
has 60 days to perform acceptance tests,after which it shall be deemed to have accepted the data.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions
rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made
on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with
the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its
opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent
cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid
for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party
upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the
terminating party. If any change occurs in the ownership of the Client, the Consultant shall have the right to
immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services
rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the
Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for
services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as
reasonably determined by the Consultant,to the total amount of services which were to have been performed.
(8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance in the
amount of $2,000,000 per claim, and general liability insurance. If the Client directs the Consultant to obtain
increased insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's
expense.
(9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein
or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.
(10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the
Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and
notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the
total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and
subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses,
costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement
from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability
or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors,
employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant
under this Agreement or$50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee.
Under no circumstances shall the Consultant be liable for extra costs or other consequences due to changed
conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and
specifications. This Section 10 is intended solely to limit the remedies available to the Client or those claiming by or
through the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant.
(11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive,or indirect damages including but not limited to loss of income or loss of profits.
(12) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters that
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are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the
Consultant to violate applicable rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first
to mediation in accordance with the Construction Industry Mediation Procedures of the American Arbitration
Association as a condition precedent to litigation.
(14) Hazardous Substances and Conditions. In no event shall Consultant be a custodian, transporter, handler,
arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will
be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and
specifications for isolation, removal, or remediation. The Consultant shall notify the Client of hazardous substances
or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such
notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or
condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultants services include the preparation of documents to be used for construction and the Consultant
is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents
and for construction observation, and the Client waives any claims against the Consultant in any way connected
thereto.
(b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any
contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or
safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor.
The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that
the completed work of its contractors will generally conform to the construction documents prepared by the
Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any
contractor's failure to perform its work in accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract
that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall
state that the contractor shall be solely responsible for job site safety and for its means and methods; that the
contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and
that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance
policy.
(16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits
to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Ili{
Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any
rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant,
without the written consent of the Consultant. The Consultant reserves the right to augment its staff with
subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant
exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract,
regardless of whether the services are provided by in-house employees, contract employees, or independent li
subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the
project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance
of its services. If, however, any facts, data or information are specifically identified in writing by the Client as
confidential,the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This
Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and
contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as
provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by
both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client
shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is
unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions.
The non-enforcement of any provision by either party shall not constitute a waiver of that provision.
(19) PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT II
MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES
RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT.
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