HomeMy WebLinkAboutGLE Proposal 15-47240P IM Bldg (Revised) 6-2015 a
i
r
r
ii () GL
ARCHITECTS I ENGINEERS I ENVIRONMENTALS CONSULTANTS
3
June 15,2015
F
"T
3
Mr. Lonnie Dunn, IM Superintendent
City of Cape Canaveral
` P. O. Box 326
Cape Canaveral,FL 32920
RE: City of Cape Canaveral
New Infrastructure Maintenance Building
GLE Proposal No.: 15-47240P(Revised)
Dear Mr. Dunn:
GLE Associates, Inc. (GLE) is pleased to submit this proposal to City of Cape Canaveral,
hereinafter referred to as the "Client," to provide professional architectural and engineering
services associated with the New Infrastructure Maintenance Building. This proposal outlines our
understanding of the project, and presents the proposed scope of services along with the costs
GLE will require to perform the work.
UNDERSTANDING
The Client has requested a proposal for design services for the following:
1. New Building of approximately 6,720 gross square feet to include:
a. Maintenance Component
1) Masonry construction and cement plaster(stucco)
2) There might be some facade decorations to bring the local
flavor of the Mediterranean style architecture
3) Metal bar joist roof structure single slope
4) Four(4)bays (One may be set up as an alternate) including
overhead doors (no service pit)
5) Miscellaneous storage
i 6) Minimal compressed air drops
7) Ventilation
b. Administration Component (Office Area)
c. Meeting room
GLE Associates,Inc.
5405 Cypress Center Drive I Suite 110 1 Tampa,Florida 33609 813-241-8350 1 Fax 813-241-8737 1 www.gleassociales.com
' Orlando I Ft.Lauderdale I Miami Jacksonville I Gainesville I Atlanta I Nashville
'z Architecture AA 0002369 Engineer CA 5483 Asbestos ZA 0000034 Geology 0000297
a
z
`1
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P (Revised)
June 15,2015; Page 2
1
d. Office
e. Men's restroom and locker room/shower
f. Women's restroom and locker room/shower
g. Mechanical/Electrical Room
h. Storage room
i. Janitor room
j. Outside access single toilet
k. Outside access storage room
ARCHITECTURAL, STRUCTURAL AND MEP SCOPE OF SERVICE
TASK 202—BUILDING DATA COLLECTION
1. Visit the site to collect building data for:
a. Electrical engineering
2. Discuss project with client
`1 3. Submit minutes of the meeting outlining discussed items
TASK 203 —SCHEMATIC DESIGN PHASE
Upon receipt of Client's approval for Phase 202 above, GLE will commence services consisting
of developing Schematic Design phase as follows:
i
1. Discuss and coordinate with civil as to building location
2. Develop floor plan showing relationship and size of spaces
3. Provide Statement of Probable Construction Cost
4. Present to client by submitting drawings and holding a conference call.
5. Identify capacity of existing emergency generator to serve new building.
'} TASK 204—DESIGN DEVELOPMENT PHASE
Upon receipt of Client's approval for Phase 203 above, GLE will commence services consisting
1 of continued development and expansion of architectural Schematic Design Documents to
establish the final scope,relationships, forms, size and appearance of the Project through:
1
1. Preliminary plans, sections and elevations
2. Typical construction details
3. Final materials selection
4. Equipment layout, if any,to be provided by client(GLE will show on plans)
5. Structural design documenting proposed foundations
i
k
f
l
a
i
4
5
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P(Revised)
June 15, 2015; Page 3
6. Mechanical
a. Design and duct layout
b. Unit selection
c. Details
7. Electrical
a. Design and panel layout
b. Criteria connecting entire building to emergency generator
"3
'€ c. Details
8. Specifications
a. Development of architectural, structural, mechanical, plumbing and
electrical outline
b. Coordination of similar activities of other disciplines
9. Provide updated Statement of Probable Construction Cost
TASK 205 —CONSTRUCTION DOCUMENT PHASE
t
Upon receipt of Client's approved Design Development, GLE will commence services consisting
of preparation of the following:
1. Drawings based on approved Design Development Documents set forth in
detail the following disciplines:
a. Architectural
g
b. Structural
c. Mechanical including energy calculation form for building permit
d. Plumbing
e. System layout compressed air, etc.
£ Electrical
g. Architectural construction requirements for the Project
g 2. Specifications
I a. Architectural
b. Structural
c. Mechanical
d. Plumbing
fe. Electrical
3. Provide updated Statement of Probable Construction Cost
n
TASK 206—BID PHASE AND PERMITTING PHASE
1. GLE will assist the Client during this phase by answering questions from
contractors and provide addendum as necessary
2. One(1)pre-bid site visit will be provided by GLE
j
i
-s
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P (Revised)
June 15,2015; Page 4
's 3. Review of bids will be provided by GLE
4. Assist the client in providing documents as necessary for the building permit
and address any comments that the building department may have during plan
t
review
TASK 207—CONTRACT ADMINISTRATION PHASE
Upon receipt of Client's approval of Bid Phase and start of construction, GLE will commence
services consisting of:
i
Submittal Services
1. Processing of submittals, including receipt, review of, and appropriate action
on Shop Drawings, Product Data, Samples and other submittals required by
the Contract Documents.
2. Distribution of submittals to Client, Contractor and/or Architect's Field
representative as required.
Site Visits
1. Construction observation services consisting of visits to the site to become
generally familiar with the progress and quality of the work completed and to
determine in general if the work when completed will be in accordance with
Contract Documents; preparing related reports and communications. Site
visits will be provided as follows:
a. Five (5) visits by Architect (Three (3) during construction, one (1) for
punch list preparation and one(1)for punch list review)
b. One(1)visit for Structural
c. Two (2) site visits each for Mechanical/Plumbing (One (1) during
construction and one (1)to review punch list completion)
d. Two (2) site visits for electrical (One (1) during construction and one
(1)to review punch list)
2. Evaluation of Applications for Payment and certification thereof
s
Project Closeout
1. Project Closeout services initiated upon notice from the Contractor(s) that the
Work, or a designated portion thereof which is acceptable to the Client, is
sufficiently complete, in accordance with the Contract Documents, to permit
occupancy or utilization for the use for which it is intended,and consisting of:
a. Issuance of Certificates of Substantial Completion
b. Receipt and transmittal of warranties, affidavits, receipts, releases and
waivers of liens or bonds indemnifying the Client against liens
`a
}
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P (Revised)
June 15, 2015; Page 5
c. Securing and receipt of consent of surety or sureties, if any, to the
making of final payment(s)
d. Issuance of Final Certificate(s) for Payment
e. GLE to prepare as-built Architectural/Engineering Documents from
contractor's marked up set of drawings
:E
COMPENSATION
GLE will complete the above architectural basic services for a lump sum fee as follows:
Architectural Design Fees
For the services described herein GLE will be compensated a lump sum fee for each task as
follows:
Task 202 -Building Data Collection $ 2,200.00
Task 203 -Schematic Design Phase 4,000.00
Task 204 -Design Development Phase 7,500.00
Task 205 - Construction Document Phase 19,600.00
Task 206 -Bidding and Permitting Phase 4,400.00
Task 207 -Contract Administration Phase 9,800.00
Total fee $47,500.00
Additional Services
It is not anticipated that a fire sprinkler system will be required; however, since at this time a
code research has not been completed we have not included a fire sprinkler system for the
building. If it is required, then please add $3,000.00 to the basic fee for design and construction
documents.
All reimbursable expenses will be invoiced at the rate of 1.1 x the actual costs incurred. Please
note that reimbursable expenses are not included in the fees described above and will be invoiced
according to our Agreement.
Please note the following assumptions and exclusions to the fees indicated above:
g
• Structural engineering is based on normal spread footing foundation. If after
the geotechnical investigation it is found that other types of foundation will be
required,then GLE will provide a fee for the revised foundation design.
■ This proposal excludes front end documents, as built documents,
advertisement, reproduction/distribution of bid documents, value engineering,
energy monitoring, energy analysis, energy cost savings, or pay back analysis
calculations.
'E
2
(
} �
} �
} Mr. Lonnie Dunn
\ Gt£ Proposal\a: 15-740P(eisd
)
June !% 20!\ Page 6
•
Hazardous Materials Testing, services consisting of conducting tsin to
} determine the presence ohazardous maten6% including but not limitdto,
)
asbestos or»a based pin .
) •
Consulting Services for Hazardous Material Abatement, servicsconsisting o
) the preparation oseilctonfor the abatement ohazardous materials as
) identified from hazardous m&e!lassurveys o 61 monitoring a§ƒImd by
) abatement activities.
) PROPOSEDSCHEDULE
]
} FINISH SUBMISSIONaECElVE
) TASK DESCRIPTION START DATE APPROVAL
DATE To CLIENT
) FROM CLIENT
15
Contract
Approval of contract (Day jft r 22915
) Negotiation
) Council ke{n!
)
) ���202 DATA GATHERING
Nb 2 3 AND SCHEMATIC 7/23/2015 &2!20!5 &2!/2015 8/24/2015
)
DESIGN PHASE
} Site Visit .
Program Review
]
Develop S h Schematic
)` Dams
Submit To Ownr
Receive Owner
)
Approval of SD
] Surveys
l
/ Civil
\
DESIGN
TASK wSK2 4
j DEVELOPMENT 8/27/2015 9212015 9/212015 9/25/2015
DD PHASE
\ PHASE
}
Refer to Koc
)
description br
) T is phase
)
TASK 205 CONSTRUCTION
D DOCUMENT PHASE 9/28/2015 !2!720!5 !2!220!5
} �
} TASK 2 6
BID PHASE 12/22/2015
) BD
} Ad e ise to 8Q 12/22/2015
}
)
i
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P(Revised)
June 15, 2015; Page 7
Note: Civil submittals may not coincide with these dates as they are depending on review by the
governing agencies.
CIVIL ENGINEERING SCOPE OF SERVICE
GLE will provide Civil Engineering Services and additional supporting services for the new
Infrastructure Maintenance (IM) building. Currently there are existing buildings within the
approximate footprint of the proposed building location. These building are to be demolished.
The scope of work for the project includes a Limited Topographical Survey, Civil Design and
permitting services for Site Plan submittal to the City of Cape Canaveral, and an FDEP
Stormwater Application. Geotechnical services presented in this section cover the required
geotechnical data for stormwater management design, and also take cost savings advantage of
single mobilization, and include the structural borings.
The following scope is for the itemized tasks required for the design and permitting:
Limited Topographical Survey
A recent topographic survey must be performed and submitted as part of the design application.
GLE will solicit and coordinate these services to be performed in order to use as the basis of
design documentations and Construction Drawings. Topography will be limited to only the areas
of proposed improvements.
Geotechnical Engineering(Stormwater Pond Data Collection and Structural Borings)
GLE will solicit and coordinate geotechnical engineering services to collect a boring to support
the design of the stormwater management system. Seasonal High Water (SHW) elevations and
l percolation rates will be collected in order to support the proposed stormwater management
system design. A report will be provided to be utilized in support of a stormwater application
with the FDEP.
Conceptual Master Plan
GLE will evaluate the ultimate redevelopment goals of the City, balance these against the
entitlement thresholds within the zoning and property entitlements, evaluate the circulation and
other facility objectives, and provide the City with a Master Plan. Upon acceptance of the Master
Plan,this will become the basis of which all of the Construction Plan submittals will adhere to.
t
City of Cape Canveral Site Plan Preparation and Application
GLE will design the site redevelopments improvements and prepare a Site Plan Application to
the City of Cape Canaveral based on the Master Plan. Horizontal control will be based off of the
Boundary and limited topographic survey data collected. GLE will submit the application and
respond to Requests for Additional Information(up to 2 rounds).
i
t
3
,a
3
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P(Revised)
June 15,2015; Page 8
a
FDEP Stormwater Permit Modification Application
GLE will prepare an application for a permit modification for the proposed improvements. GLE
will submit the application and respond to Requests for Additional Information (up to two (2)
rounds).
i Site Lighting Plan
i
GLE will prepare a site lighting plan for the redevelopment improvements per the City of Cape
i
Canaveral Site Lighting design requirements.
Specifications
i GLE will prepare specifications for the proposed design documents to be utilized as part of the
construction bidding phase.
Construction Administration
During construction activities, GLE will attend a pre-construction meeting, one site visit during
construction activities and a final inspection.
As-built Survey
At the conclusion of construction activities, an as-built survey will be performed in order to be
used as a basis for Record Drawing of the improvements. This will be conducted as a single
effort at the conclusion of construction. GLE will coordinate these services to be performed in
order to utilize this as the basis of design documentation and Construction Drawings.
Record Drawings
GLE will prepare final Record Drawings of the improvements performed on the site that were
depicted in the approved Issued for Construction Plans.
General Meetings
GLE will attend various meetings as requested by the Client in order to facilitate the design and
permitting efforts for the project.
ASSUMPTIONS
All of the above civil scope (fees presented in the Compensation Section) is based on the
following assumptions:
■ The applicant (City of Cape Canaveral) will be responsible for all application
:
fees.
■ Any title certifications necessary for applications will be provided by the City.
■ Any property legal documentation necessary to prepare the Survey will be
'' provided by the City.
a
2
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P (Revised)
June 15, 2015; Page 9
■ The City zoning thresholds for entitlements of the principal parcel(s) will not
be exceeded with the addition of this building to the campus.
■ Proposed development will meet the City's concurrency thresholds and
therefore will not require any concurrency studies or mitigation.
■ Proposed improvements are within code allowances and will not require any
variance applications.
■ Proposed project improvements will not trigger any existing component of the
facility to be brought up to current codes.
There are no easements within the project area.
■ Site Plan application will be through the City of Cape Canaveral only, and will
not be required through Brevard County.
■ Trees to be removed will not require a tree assessment by an arborist.
■ Trees proposed to be removed will not require a mitigation/impact fee
analysis.
■ The site is currently developed and no application component will require that
an environmental assessment be performed.
■ Any jurisdictional limits within the perimeter of the facility do not exceed
beyond the existing fencing along the southern portion of the project area and
will not require delineation.
■ The improvements are not within any floodplain and thus do not require
floodplain mitigation.
■ The stormwater impacts will be volumetric in nature and thus will not require
any regional master stormwater modeling efforts.
■ The required stormwater management system will only be to handle the
increased impacts due to the IM building, and will not trigger modeling of the
i entire facility.
■ The required area needed to handle the required stormwater management
system is available in the immediate area by the proposed IM building.
■ All routing of new rooftop runoff can be handled with roof leaders that
.i
daylight at the perimeter of the new structures and do not require underground
routing.
■ Discharge from the proposed stormwater system can follow the same type that
was employed for the new building that was recently constructed just west of
this proposed IM building.
■ Permitting of the proposed stormwater management system will only require
amending the existing DEP permit.
■ No existing utilities exist within the footprint of the new building that will
conflict with the improvements, thus needing relocation.
■ Additional sanitary sewer flows can be handled by the existing City
i infrastructure and will not trigger any upsizing design or permitting of off-site
1
improvements.
2
T
`l,
i
s
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P (Revised)
June 15, 2015; Page 10
4 Potable water is available for use at adequate pressures and will not require an
on-site booster pump, or trigger any upsizing design or permitting of off-site
improvements.
■ Fire protection flows, if requested or required, can be provided from the
existing city infrastructure and will not require an on-site booster pump,
storage tank, or trigger any upsizing design or permitting of off-site
i improvements.
■ Adequate Fire flows are available and will not require a booster pump.
■ FDEP applications for potable and wastewater will not be required.
■ Landscaping services are not part of this proposal. Landscaping areas are to be
1 provided,but the plant selection and design will be provided by others.
COMPENSATION
GLE will complete the above basic services for a lump sum fee as follows:
Civil Design and Permitting Fees
■ Limited Topographical Survey $ 3,800.00
■ Geotechnical Services (Storm and Structural) 3,550.00
! ■ Conceptual Master Plan 3,500.00
■ City of Cape Canaveral Site Plan 6,300.00
■ FDEP Stormwatcr Permit Amendment 4,500.00
■ Site Lighting Plan 1,500.00
■ Specifications 950.00
■ Construction Administration 1,500.00
■ As-Built Survey 2,900.00
■ Record Drawings 1,500.00
■ General Meetings 2,500.00
$32,500.00
Total Project Lump Sum Fee: $80,000.00
AUTHORIZATION
Should this proposal meet with your approval, please issue a Work Order in order for us to
proceed.
4
s
i
I
I
i
a
Mr. Lonnie Dunn
GLE Proposal No.: 15-47240P(Revised)
June 15,2015; Page 11
GLE appreciates the opportunity to submit this proposal. Should you have any questions
concerning the proposal,please do not hesitate to call me.
Sincerely,
GL �' Inc.
f'.s
15 1rV
A o rtela,Jr. Robert Fudge, PE
AIA,NCA ,ACLS LEED AP Manager of Civil Engineering Services
Director of Arc ectural Services
AP/RDF/dd
F:\Work\Proposals\2015\47240P-City of Cape Canaveral-IM Bldg\Proposals\47240P-CCC-New-IM,doe
s
x
a
A
s
i
>a
i
i
f
5
ARCHITECTS I ENGINEERS I ENVIRONMENTALS CONSULTANTS
a
PROPOSAL ACCEPTANCE SHEET
Project City of Cape Canaveral-New Infrastructure Maintenance Building
Cost See Proposal Proposal No./Date/PM 15-47240P-Rev/June 15,2015/AP
PAYMENT OF SERVICES
Charge Invoice to:
Firm City of Cape Canaveral
Address P.O. Box 326
Cape Canaveral FL Zip Code 32ggo
Attention Finance Title N/A
Telephone (321) 868-1220 Email Invoices(aD-cityofcapecanaveral.org
REPORT DISTRIBUTION/CORRESPONDENCE
Two reports will be provided for the cost estimate above;additional reports are charged at$50.00 each.Reports will be sent to:
Firm City of Cape Canaveral
Address P.O. Box 326
Cape Canaveral, FL Zip Code 32g20
Attention Lonnie Dunn Title IM Superintendent
Telephone ( ,191) rnA-7 if 4 Email L.Dunn(aD_cityofcapecanaveral.org
SPECIAL INSTRUCTIONS
N/A
PROPERTY OWNER IDENTIFICATION
Firm City of Cape Canaveral
Address P.O. Box 326
Cape Canaveral, FL Zip Code 32920
Attention David Greene Title City Manager
Telephone (321) 868-1220 Email D.Greene(cDcitvofcapecanaveral.org
PROPOSAL ACCEPTANCE
The Terms and Conditions of this Proposal,including the terms on this page and the reverse hereof are:
Accepted this 22nd day of July ,2015
City of Cape Canaveral
Print or Type individual,firm or corporate body name
Signature of authorized representative
.3
David L. Greene, City Manager
Print or type name or authorized representative and title
;7 GLE Associates,Inc.
5405 Cypress Center Drive 1 Suite 110 1 Tampa,Florida 33609 1813-241-8350 1 Fax 813-241-8737 1 www.gleassociates.com
Orlando I Ft.Lauderdale I Miami 1 Jacksonville I Gainesville 1 Atlanta 1 Nashville
Architecture AA 0002369 Engineer CA 5483 Asbestos ZA 0000034 Geology 0000297
a
Services to be Provided. GLE Associates, Inc, an independent
consultant, agrees to provide Client for its sole benefit and exclusive
use consulting services set forth in our Proposal
Definitions When used herein, the terms "we", "us", or "our" refer to
Consultant and the terms "you", "your", "he', "his", "i1" and "its" refer
to client
Diehl or Entry and Right to Proceed. Client grants a right of entry
from lime to time to consultant, its agents, staff, consultants, and
contractors or subcontractors, For the purpose or performing and with
the right to perfonn all acts, studies and research including without
limitation the making of tests and evaluations, pursuant to the agreed
services Client represents that he possesses all necessary permits and
licenses required For the continuation of its activities at the site
Billing and Payment. Unless otherwise indicated in our Proposal,
our billings will be based on actual accrued time, test costs, and
expenses. Client agrees to pay invoice upon receipt Should payment
not be received within 30 days, the amount due shall bear a service
charge of 1-1/2 percent per month or 18 percent per year, and the
cost of collection including reasonable attorney's fees, if so collected
by law through 511 attorney In lieu of the statutory post judgment
rate provided by section 05 03, P7nridn Slat nles, as amended, the
interest sate of 1-1/2 percent per month or 18 percent per year
shall also apply post -judgment, as permitted by the aforementioned
statute. If 1-1/2 percent per month exceeds the maximum allowed by
law, the charge will automatically be reduced to the maximum legally
allowed If Client has any objections to any invoice or part thereof
submitted by Consultant, he shall so advise us in writing giving his
reasons within 14 days of receipt of such invoice Client agrees it will
not exercise any right of set-off it has under this Agreement. any
continuing agreement with Consultant, or any right of set-off
provided by law No deduction shall be made from Consultant's
invoice on account of penalty, liquidated damages, or other sums
withheld from payments to contractors or others Payment of the
invoice shall constitute final approval as to all aspects of the work
performed to date as well as the necessity thereof. If the project is
terminated in whole or in part then we shall be paid for services
performed prior to our receiving or issuing written notice of such
termination, in addition to our reimbursable expenses and any strut
down costs incurred. Shut down costs may, at our sole discretion,
include completion of analysis and records necessary to document
our files and protect our professional reputation.
Pinnace at Site We will not be liable for any property damage or
bodily injury arising from damage to or interference with structures
including without limitation, pipes, tanks, telephone cables, etc.,
which are not called to our attention in writing and cmreclly shown
on the plans furnished by client in connection with work performed
under this Agreement. Client recognizes that the use of test equipment
may unavoidably affect, alter, or damage buildings, stntclures and
equipment in, at, or upon the site Client accepts the fact that
this is inherent to our work and will not hold us liable or responsible
for any such affect, alteration a damage
Standard of Care and Warranty. Professional services provided by
us will be performed, findings obtained, and recommendations
prepared in accordance with generally accepted architecture and
enginceting principles and practices, THIS WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED
Public Liability. Consultant maintains workers' compensation and
employers liability insurance for our employees as required by state
laws In addition, we maintain comprehensive general liability and
auto liability insurance
A Certificate of insurance can be supplied evidencing such coverage..
We will not be liable or responsible for any loss, damage or liability
beyond the amounts, limits, coverage, or conditions of such insurance
specified above
Indearrrity: Client and GLE agree to hold hamtless and indemnify the
other, their respective agents, their respective employees, and their
respective subcontractors from and against any and all losses,
liabilities, and costs and expenses of every kind (including the cost of
defense, investigation, settlement, and reasonable attorneys fees) to
Me proportional extent such losses, liabilities and costs and expenses
arise out of the negligent acts, errors or omissions or willful
misconduct by either party respectfully or from any violation of any
and all applicable statutes, ordinances, rules and regulations of any
government or of any agency by either party respectfully Client shall,
in the event of liability arising out of their joint negligence or willful
misconduct, indernnify and save each other harmless in proportion to
their relative degree of fault
Limitation of Lability. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, AND FOR ADDITIONAL
CONSIDERATION OF 510, THE RECEIPT AND SUFFICIENCY
OF WHICH IS HEREBY ACKNOWLEDGED, THE CLIENT
AGREES THAT GLE'S LIABILITY, AND THAT OF ITS
OFFICERS, DIRECTORS, EMPLOYEES. AGENTS AND
SUBCONTRACTORS, TO CLIENT, ANY SECONDARY
CLIENTS OR ANY THIRD PARTY DUE TO GLE'S BREACH OF
CONTRACT OR NEGLIGENT PROFESSIONAL ACTS, ERRORS
OR OMISSIONS WILL BE LIMITED TO AN AGGREGATE OF
Standard Terms and Conditions
550,000 OR THE TOTAL FEES PAID BY CLIENT TO GLE
UNDER THE PROPOSAL, WHICHEVER IS LESS. NEITHER
PARTY SHALL BE RESPONSIBLE TO THE OTHER FOR ANY
CONSEQUENTIAL, INDIRECT OK INCIDENTAL DAMAGES
(INCLUDING LOSS OF USE, INCOME, PROFITS, FINANCING
OR REPUTATION) ARISING OUT OF OR RELATING TO THIS
AGREEMENT. PURSUANT TO
SECTION 558.0035, FLORIDA
STATUTES, AN INDIVIDUAL
EMPLOYEE OR AGENT MAY
NOT BE HELD INDIVIDUALLY
LIABLE FOR NEGLIGENCE.
Semolina and Testing Location. The fees included in our Proposal
do not include costs associated with surveying of the site and/or
facility to determine accurate horizontal and vertical locations of tests.
if surveying is required cost of surveying will be paid by client Field
tests or sample locations described in our report or shown on sketches
are based on specific information furnished by others or estimates
made in the field by our personnel Such dimensions or elevations are
approximate
Client Disclosure: Client agrees to advise GLE of any hazardous
substances or any condition on or near the site that presents a
potential danger to human health, the environment, or GLE's
equipment. OLE does not assume control or responsibility for the site
or the persons in charge of the site, or undertake responsibility for
reporting to any federal, slate or local agencies any conditions at the
site that may present a potential danger to public health, safety or the
environment Client agrees to notify the appropriate federal, stale or
local agencies as required by law, or otherwise make timely disclosure
of any information that may be necessary to prevent damage to human
health, safely or the environment Client acknowledges that GLE may
be required to nuke such disclosures if Client fails to do so and agrees
to hold GLE harmless from any such disclosure,
Scheduling of Services: The services set forth in GLE's proposal will
be accomplished in a timely and professional manner by OLE
personnel If GLE is required to delay commencement of the services
or if, upon embarking upon its services, GLE is required to stop or
interrupt the progress of its services as a result of changes in the scope
of work requested by the Client, to fulfill the requirements of Third
parties, or for other causes beyond the direct reasonable control of
GLE, additional charges will be applicable and payable by Client.
Should completion of any portion of services he delayed for causes
beyond the reasonable control of, or without the fault or negligence
of, GLE, the time of performance shall be extended for a period equal
to the delay
Sample and Waste Dianeal; Samples are generally consumed and
altered during testing and are disposed of immediately upon
completion of tests If Client wishes GLE to retain any test samples,
then, al Client's written request, OLE will use its best efforts to retain
preservable samples or the residue therefrom but only for a mutually
acceptable time and for en additional charge. GLE reserves the right
to refuse storage of any samples. Client agrees that GLE is not
responsible or liable for loss of samples retained in storage. If Client
requests GLE to containerize drilling waster and/or fluids produced by
GLE's activity ('waste"), Client will provide a secure storage location
at or rear the project site to prevent tampering with the waste. Non-
hazardous waste will be disposed of by GLE for an additional charge
at an appropriately licensed facility.
In the event that samples or waste contain asbestos, toxic or
hazardous substances or constituents, ("contanninenls"), GLE will
either: 1) return the samples or waste to Client for proper disposal or
2) using a manifest signed by Client as generator for an additional fee,
have the samples or waste transported to a location selected by Client
for final disposal Client agrees to pay all costs associated with the
storage, transporting and disposal of samples of waste. Client
recognizes and agrees that GLE is acting as a bailee and al no time
assumes title, constructive or expressed, to such samples or waste
Unforeseen Oceurreaces. 1t', during the performance of services, any
unforeseen hazardous substances or constituents or other unforeseen
conditions or occurrences are encountered which, in our sole
judgement significantly affect or may affect the services, the risk
involved in providing the services, or the recommended scope of
services, we will promptly notify Client thereof. Subsequent to that
notification, Consultant may:
If practicable, in our sole judgement, complete the original Scope of
Services in accordance with the procedures originally intended in the
Proposal;
(b) Agree with Client to modify the Scope of Services and I he
estimate of charges to include study of the previously
unforeseen conditions or occurrences, such revision to be in
writing and signed by the parties and incorporated herein; or
(c) Terminate etre services effective on the date specified by us in
writing.
Documents. Client will furnish or cause to be famished sock reports,
data, studies, plans, specifications, documents and other information
deemed necessary by us for proper performance of our services We
may rely upon Client -provided documents in performing the services
required under this Agreement; however, we assume no responsibility
or liability for firer accuracy. Client -provided documents will remain
property of Client. All documents, including but not limited to,
drawings, specifications, reports, field notes, laboratory test data,
calculations and estimates prepared by us as instruments of service
pursuant to the Agreement, shall be our sole property Client agrees
that all documents of any nature furnished to Client or Client's agents
or designees, if not paid for, will be returned upon demand and will
not be used by client for any purpose whatsoever. Client further
agrees that under no circumstances shall any documents produced by
us pursuant to this Agreement be used at any location or for any
project not expressly provided for in this Agreement without our prior
written permission If Client uses all or any portion of our work on
another project without our penniuion, Client shall to the maximum
extent permitted by law save us harmless from any and all claims
arising front such unauthorized reuse Further, no part of any
document we deliver to Client shall be reproduced or distributed,
whether for advertising or any other purpose, without our prior
written consent. Any such reproduction or distribution shall be at
Client's sole risk and without liability or legal exposure to consultant
Field Representative The presence of our field personnel either full -
or part-time will be for the purpose of providing observation and field
resting of specific aspects of the project Should a contractor be
involved in the project, our work does not include supervision or
direction of the actual work of the contractor, his employees or
agents. The contractor should be so advised. The contractor should
also be informed that neither the presence of our field representative
nor the observation and testing by us shall excuse contractor in any
way for defects discovered in contractors work 11 is agreed that we
will not be responsible forjob or site safety on the project and that we
do not have the right to stop the work of the contractor
Severability. In the event that any provision herein shall be deemed
invalid or unenforceable, the other provisions hereof shall remain in
full force and effect, and binding upon the parties hereto.
Priority Over Form Agreements/Purchase Orders: The Client
agrees That the provisions of this agreement shall control and govern
over any orders, purchase orders or work orders or other form
writings issued or signed by the parties ("orders"), and such forms
shall have no force or effect but may be issued by Client to GLE,
without altering the terms hereof, solely for the purpose of
convenience in ordering services.
Termination; This agreement may be terminated by either party with
or without cause upon giving (7) days prior written notice to the other
party. This agreement will terminate automatically upon the
insolvency of the Client. In the event Client requests termination prior
to the completion of the proposed services, Client shall take
possession of the premises and the materials and equipment paid for
and belonging to Client, and GLE shall be paid for all services
performed to Ire date of termination and for all reasonable costs
incurred in project closeout.
Consideration: The parties agree the charges for GLE's services are
sufficiently adjusted downward to include any specific consideration
payable to Client for any indemnities or any other clause requiring
specific consideration as required under these Terms and Conditions
Attorney Authority: If GLE is being retained by Client's counsel,
such counsel represents that he/she has the authority to bind, and
hereby expressly binds Client to these Terms and Conditions
$urvlval. All obligations arising prior to the termination of the
Agreement and all provisions of this Agreement allocating
responsibility or liability between Client and Contractor shall survive
the completion of the services and the termination of this Agreement.
Integration This Agreement and the documents attached hereto and
which are incorporated herein constitute the entire Agreement
between the parties and cannot be changed except by a written
instrument signed by both parties
Governing Law. This Agreement and any amendments to it shall be
governed in all respects by the laws of the Slate of Florida. The
parties hereby agree that the venue for any lawsuit filed by any person
pursuant to this Agreement shall only be in Hillsborough County,
Florida. Each party hereby irrevocably submits itself to the original
jurisdiction of the state and federal courts sitting he or heaving
jurisdiction over Hillsborough County, Florida with regard to any
controversy in any way relating to the execution, delivery or
performance of this Agreement "The parties each had an opportunity
to review and negotiate this agreement and this agreement shall not be
construed more strictly against one party as drafter."
F:\W ORK\FORMS\Standard Terms & Conditions doc