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HomeMy WebLinkAboutVI(D) Discussion/ Action Re: Work Order #2 For Gee & Jenson For Fire Station Sites 3 & 4 I _. AGENDA 11-05-96 Item VI D • Ocoee 7oe V ejscvamie 125 N. Bluford Avenue - Ocoee, Florida 34761 RON STROSNIDER EMERGENCY 656-1313 Fire Chief BUSINESS 656-7796 DATE: October 22, 1996 TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: Ron Strosnider, Fire Chief j SUB: ENGINEERING AND ARCHITECT SERVICES AGREEMENT WITH GEE & JENSEN ENGINEERS-ARCHITECTS=PLANNERS, INC. (WORK ORDER #2) The City Commission at its March 19, ,1996' meeting approved the above referenced Agreement with Gee & Jensen. Work. Order #1 was for a temporary fire station on,the West'=side of;f;Maguire',:.Road, located on property owned by,the: City, of,Acoee'Fire-'Deparment. The Work Order was<.executed'and bids ,for,the,'.temporary site approached ($200,000) two hundred thousand d611ars.- The staff considered the cost and decided to rplace' thiss'project:,on, hold. dal � P �! u.i:� ,..:.... _ th.�,:°}�::;r1 .i \1 r S t The City of Ocoee Fire Department`has>;obtained,.:a= 96 ;acre out parcel site in the Plahtation Grove;-Shopping_Center , The Department has also purchased a 2.6 '"acre site on ?.Clarke';:Road _fora new ,station. :.s The staff has worked with Gee & 4ensen',to produce Work Order #2. This document is based";on producing one:set of'<plans and; specifications that includes site.'";workfor; both the Maguire?Road site and the Clarke Road site. The construction documents will include plans for only one fire station building: The"fire=stations,„`on,each site will be identical. „r: This Work Order will include Civil, Traffic Engineering, Landscape and Irrigation, Architectural, Structural, Mechanical, Plumbing and Fire Protection, and Electrical; .Work'.; • �; ; Staff has confirmed with City Engineer`Jim`Shirathat the cost for basic services (9% of the estimated construction cost) is in accord with Professional Design Services. Staff respectfully recommends the approval of Work Order #2 as follows: Basic Services $109,385.00 Additional Items 27,048.00 Reimbursements, (8%) 10,900.00 FOR A TOTAL OF $147,333.00 This money will be obtained from the District 3 and District 4 Impact Fee Accounts. Attachments: WORK ORDER FOR DESIGN PROFESSIONAL SERVICES AGREEMENT WORK ORDER NO.2 PROJECT: PROFESSIONAL DESIGN SERVICES FOR FIRE STATION #3A (MAGUIRE ROAD SITE) & FIRE STATION #4 (CLARKE ROAD SITE) CITY: OCOEE, FLORIDA DESIGN PROFESSIONAL: GEE & JENSON ENGINEERS-ARCHITECTS- PLANNERS, INC. Execution of the Work Order by City shall serve as authorization of DESIGN PROFESSIONAL to provide for the above project, professional services as set out in the documents which are attached hereto and made a part hereof. ATTACHMENTS: (X) Schematic Design DESIGN PROFESSIONAL shall provide said services pursuant to this Work Order, its attachments (A. B & C), exhibits (1. 2, 3, & 4) and that certain Agreement dated March 19, 1996, as amended between CITY and DESIGN PROFESSIONAL which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLETION: The work authorized by this Work Order shall be completed per a mutually agreed schedule. commencing on the date this Work Order is executed by the CITY. COMPENSATION: The CITY shall compensate DESIGN PROFESSIONAL One Hundred Forty Seven Thousand Three Hundred Thirty Three and 00/100 Dollars ($147,333.00). DESIGN PROFESSIONAL shall perform all work required by this Work Order; but, in no event, shall DESIGN PROFESSIONAL be paid more than the fixed fee set. IN WITNESS WHEREOF, these parties hereto have made and executed this Work' Order on this day of , 199 , for the purposes stated herein. GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS WITNESS: DESIGN PROFESSIONAL CO)51.--- By: 64 / Dale A. Crosby, P.E., Vice President, Regional Mgr. Date: I 0%�!/'i6 ATTEST: BOARD OF CITY COMMISSIONERS CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Date: FOR USE AND RELIANCE ONLY Approved by Ocoee City Commission BY THE CITY OF OCOEE. At a meeting held on APPROVED AS TO FORM AND 199 under Agenda Item No LEGALITY THIS DAY OF , 199 • FOLEY & LARDNER By: CITY ATTORNEY • Attachment "A" 10/24/96 Design Professional Services Ocoee Fire Department Fire Station #3a (Maguire Road Site & Fire Station #4 (Clarke Road Site) Work Order#2 Scope of Work General: This work order consists of the design of one "prototype" fire station of approximately 6,000 g.s.f., which will be adapted to two.sites: 1. Maguire Road Site 2. Clarke Road Site The estimated project construction cost is approximately $1.2 million. Professional Services to be provided by the Design Professional: 1. Pre-Design Services will include geotechnical reports for both sites. Surveys will be required for both sites, also. Prepare a project schedule. 2. Schematic Design Phase will include the Schematic Floor Plan, Exterior Elevations, and Building Sections, and Schematic Site Plan. Prepare a statement of probable cost and update the project schedule. Incorporate owner review comments and provide a presentation to the City Commission. 3. Design Development/Construction Document Phase - Develop the schematic drawings for construction purposes. These phases will include civil design through civil permitting. Working drawings and specifications will be prepared for the bidding phase... The cost estimate will be finalized and the project schedule will be updated. 4. Bidding Phase will include Bidding Assistance, a Pre-Bid Conference and Bid Evaluation of the General Contractors. 5. Construction Phase will include a Pre-Construction Meeting, Shop Drawing Review, a Color Board, Site Visits, and Project Close-Out. Submittals by the Design Professional to the City: Provide the following: • One (1) Survey/Geotechnical Report per site. • Schematic Design Plans: Ten (10) sets of blueprints, one (1) rendered exterior elevation board, one (1) cost estimate. • Design Development Plans: Ten (10) sets of blueprints, one (1) cost estimate. • Construction Document Plans: Ten (10) sets of blueprints and specifications, one (1) final cost estimate. • Construction Phase: Field Reports (1 per visit). • Coordination of Professional Surveying Services with Owner. 6. Refer to Attachment "B" for a detailed breakdown. ATTACHMENT "B" • • 3, WORK ORDER #2 October 8, 1996 CITY OF OCOEE PROFESSIONAL DESIGN SERVICES FOR FIRE STATION 3A (MAGUIRE ROAD SITE) & FIRE STATION 4 (CLARKE ROAD SITE) INTRODUCTION This work order is based on producing one set of plans'and specifications that include site work for both the Maguire Road site and the Clarke Road site. The Construction.Documents will include plans for only one fire station building. The fire stations on each site will be identical. (Alternative exterior materials can be incorporated as an additional service.) This is to remain true throughout the project, including'the construction phase. It is understood that one general contractor will be selected to build both fire stations, concurrently. Interior furnishings will be selected and obtained by the City of Ocoee. This work order will include civil, traffic engineering, landscape and irrigation, architectural, structural, mechanical, plumbing and fire protection, and electrical work. PROFESSIONAL SERVICE EST. MTGS BASIC ADDITIONAL HRS. SERVICES ITEMS PRE-DESIGN SERVICES 1. Geotechnical Report - Clarke Road Site $2,194.00 2. Geotechnical Report - Maguire Road Site $1,434.00 3. Survey - Clarke Road Site $2,500.00 4. Tree Survey - Clarke Road Site - 6" trees & larger. $1,600.00 (Note: A Survey for 8" trees can be done for only $700.00. However, more money can be saved if the 6" tree survey is done. This is because much less money would be spent on replacement trees.). 5. Survey - Maguire Road Site $1,900.00 SUBTOTAL $0.00 $9,628.00 SCHEMATIC DESIGN PHASE 6. Schematic Architectural Floor Plan & Exterior Elevations 32 $2,080.00 7. Schematic Civil Site Plans (both sites) 20 $1,300.00 8. Preliminary Cost Estimate 8 • $520.00 9. Owner Review & Plan Corrections 40 1 $2,600.00 GEE&JENSON Engineers-Architects-Planners.Inc.•2701 Maitland Center Parkway.Suite 150.Maitland.Florida 32751 •(407)660-1660•Fax(407)660-2852 • y WORK ORDER #2 October 8, 1996 CITY OF OCOEE PROFESSIONAL DESIGN SERVICES FOR FIRE STATION 3A (MAGUIRE ROAD SITE) & FIRE STATION 4 (CLARKE ROAD SITE) PROFESSIONAL SERVICE EST. MTGS BASIC ADDITIONAL HRS. SERVICES ITEMS 10. Presentation to City Commission- Site Plans, Floor Plan & Colored Elevations. 20 1 $1,300.00 SUBTOTAL $7,800.00 $0.00 . DESIGN DEVELOPMENT PHASE/CONSTRUCTION DOCUMENTS PHASE 11. 100% Civil Site Plans/Permitting/Approval CLARKE ROAD SITE • Site Visit 4 $260.00 • Final Design/Grading 40 -$2,600.00 • Final Design/Utilities 56 $2,080.00 • Owner Review & Plan Corrections 12 1. $780.00 • Permitting - SJRWMD 40 $2,600.00 - Water/DEP 12 $780.00 - Sanitary Sewer/DEP 12 $780.00 - Pre-application Meeting 6 $390.00 • Civil Engineering Specifications 6 • $390.00 MAGUIRE ROAD SITE • Site Visit 4. $260.00 • • Final Design/Grading • 40 $2,600.00 • Final Design/Utilities 32 $2,080.00 • Owner Review & Plan Corrections 12 1 $780.00 • Permitting - SJRWMD 12 $780.00 - Water/DEP 8 $520.00 Sanitary Sewer/DEP 8 $520.00 - Pre-application Meeting 6 $390.00 • Traffic Signal Engineering 80 $5,200.00 • Civil Engineering Specifications 6 $390.00 CIVIL ENGINEERING SUBTOTAL $14,820.00 $9,360.00 12. 100% Submittal & Final Submittal • WORKING DRAWINGS& PROJECT MANUAL • Architectural 340 $22,100.00 • Landscaping & Irrigation 124 $8,060.00 • Structural 77 $5,005.00 • Mechanical, Plumbing/Fire Protection, Electrical 316 $20,540.00 GEE&JENSON Engineers-Architects-Planners,Inc.•2701 Maitland Center Parkway,Suite 150,Maitland.Florida 32751 •(407)660-1660•Fax(407)660-2852 • ,OP Y.Nor: _.,1, WORK ORDER #2 October 8, 1996 CITY OF OCOEE PROFESSIONAL DESIGN SERVICES FOR FIRE STATION 3A (MAGUIRE ROAD SITE) & FIRE STATION 4 (CLARKE ROAD SITE) PROFESSIONAL SERVICE EST. MTGS BASIC ADDITIONAL HRS. SERVICES ITEMS COORDINATION & PROJECT MANAGEMENT (ARCHITECTURAL) 40 $2,600.00 Owner Review 8 1 . $520.00 Quality Control Review (Architectural) 40 $2,600.00 Final Cost Estimate 32 $2,080.00 ALL DISCIPLINES (EXCEPT CIVIL) SUBTOTAL $55,445.00 $8,060.00 • BIDDING PHASE 13. Bidding Assistance 32 $2,080.00 Pre-Bid Conference & Preparation 16 $1,040.00 Bid Evaluation 8 $520.00 SUBTOTAL $3,640.00 $0.00 CONSTRUCTION PHASE 14. Administration of the Construction Contract Pre-Construction Meeting 8 1 $520.00 Shop Drawing Review • Civil 20 $1,300.00 • Architectural 68 J $4,420.00 • Structural 16 $1,040.00 • MEP 40 $2,600.00 Administration (3 hours x 24 weeks) 72 $4,680.00 Color Board & Owner Review 20 $1,300.00 Site Visits (hours include field reports and pay request evaluations) • Architectural (8 hours x 12 weeks-every other week) 96 $6,240.00 • Civil (2) 8 $520.00 • Mechanical/Plumbing/Fire Protection (1) 14 $910.00 • Electrical (1) 14 $910.00 Substantial Completion/Punch List • Architectural 12 $780.00 • Mechanical/Plumbing 12 $780.00 • Electrical 12 $780.00 • Typist 4 $120.00 Final Completion/Project Closeout (Architectural) 12 $780.00 SUBTOTAL $27,680.00 $0.00 Reimbursables (8%) $10,900.00 GEE&JENSON Engineers-Architects-Planners,Inc.•2701 Maitland Center Parkway.Suite 150.Maitland.Florida 32751 •(407)660-1660•Fax(-107)660-2852 `µr w WORK ORDER #2 October 8, 1996 CITY OF OCOEE PROFESSIONAL DESIGN SERVICES FOR FIRE STATION 3A (MAGUIRE ROAD SITE) & FIRE STATION 4 (CLARKE ROAD SITE) PROFESSIONAL SERVICE EST. MTGS BASIC ADDITIONAL HRS. SERVICES ITEMS 1-14 SUBTOTAL $109,385.00* $27,048.00 TOTAL: BASIC SERVICES & ADDITIONAL ITEMS $147,333.00 NOTE: Not included in this work order are permitting fees including the following estimated civil permitting fees (based on October 1996 fee schedules and submit to change): Sewer and Water: $800.00 min. - $1,600.00 max. SJRWMD: $350.00 min. - $1,050.00 max. • 'NOTE: The fee for Architectural/Engineering Basic Services is 9%. Geotechnical Reports (Items 1 & 2), Surveys (Items 3, 4, & 5), SJRWMD Permitting (Item 11), Traffic Signal Engineering (Item 11), and Landscaping/Irrigation (Items 12 & 14) are not a part of the normal Architectural/Engineering fee. NOTE: The preliminary estimated construction cost is approximately $1,210,250.00. • 11HERWIG\ocoeefs.3a&4.doc GEE&JENSON Engineers-Architects-Planners.Inc. •2701 Maitland Center Parkway,Suite 150•Maitland.Florida 32751 •(407)660-1660•Fax(407)660-2852 Attachment "C" 10/24/96 Design Professional Services Work Order#2 Reimbursables: • Reprographic Reimbursables: Reproducibles, Blueprints, Photocopies $10,900.00 (These charges will be billed at cost as they arise. The total amount shown is the amountnot to be exceeded unless approved in writing by the City. The following rate schedule represents in- house printing costs. Printing company rates may vary. Photocopies: $0.15 per page (8-1/2 x 11, 8-1/2 x 14) $0.20 per page (11 x 17) Reproducibles: $1.50 per s.f. Blueline Prints: $0.40 per s.f. Method of Payment The Design Professional shall invoice amount due based on the percent of the total work order services actually performed and completed. Invoices shall be submitted to the City once monthly. We understand that the City shall retain 10% of the total work order fee until one hundred percent (100%) of the work order services are actually performed and completed. EXTILBIT 1 GEMS Consultants, Inc. • Civil Engineering • Mapping • Surveying 568 W.Silver Star Ext. Phone(407)877-7979 Ocoee, FL 34761-2062 Fax(407)87 7-77 4 PROPOSAL Professional Surveying Services for Gee & Jenson CEMS Consultants, Inc. (CEMS) proposes to provide Gee & Jenson (the Client) with surveying services necessary for the Ocoee Fire Station #3A (Maguire Road) in the city of Ocoee, Orange County, Florida (Section 32, Township 22 South, Range 28 East). PROPOSED SCOPE OF SERVICES The following services will be provided by CEMS: Boundary Survey $ 400.00 On-Site Topographic and Design Survey $ 700.00 Off-Site Design Survey $ 800.00 The following services will be provided by the Client: The Client is responsible for providing CEMS with a clear understanding of the project nature and scope. The Client shall supply CEMS with sufficient and adequate information and allow CEMS to properly perform the required services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. CEMS reserves the right to re-evaluate the fee for any work not initiated within two (2) months from the date of this proposal. f:\wodoc\proposal\fire#3A.pro GEMS Consultants, Inc. • Civil Engineering • Mapping • Surveying 568 W.Silver Star Ext. Phone(407)877-7979 • Ocoee, FL 34761-2062 Fax(407) 877-7734 HEG"EV ED 20 September 1996 S LP 2 3 19A Gee & Jenson ORLANDO OFFICE Engineers-Architects-Planners, Inc. ATTENTION: Brad Bowman 2701 Maitland Center Parkway, Suite 150 Maitland, FL 32751 RE: Ocoee Fire Station #3A (Maguire Road) Dear Brad: Attached is the proposal you requested for the above referenced project. If you need additional information or have any questions, do not hesitate to call. Sincerely, CEMS Consultants, Inc. Y7-":""-°e William J. Blackham, P.L.S. Enclosure: Proposal WJB/nnr Exhibit 2 c,cc z ,,,acr•v • CEMS Consultants, Inc. O C T Ct 1 1996 Civil Engineering • Mapping • Surveying ORLANDO OFFiCE 568 W. Silver Star Ext. Phone(407)877-7979 Ocoee, FL 34761-2062 Fax(407) 877-7734 PROPOSAL Professional Surveying Services for Gee & Jenson GEMS Consultants, Inc. (CEMS) proposes to provide Gee & Jenson (the Client) with surveying services necessary for Ocoee Fire Station #4 on Clarke Road in the City of Ocoee, Orange County, Florida (Section 9, Township 22 South, Range 28 East). PROPOSED SCOPE OF SERVICES The following services will be provided by GEMS: On-Site Topographic Survey & Location Survey $ 2500.00 Tree (6" and Larger) Survey $ 1600.00 The following services will be provided by the Client: The Client is responsible for providing CEMS with a clear understanding of the project nature and scope. The Client shall supply CEMS with sufficient and adequate information and allow CEMS to properly perform the required services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. CEMS reserves the right to re-evaluate the fee for any work not initiated within two (2) months from the date of this proposal. fr\wpdoc\proposal\fire#4.pro CEMS Consultants, Inc. Civil Engineering • Mapping • Surveying 56S W. Silver Star Ext. Phone(407)877-7979 Ocoee, FL 34761-2062 Fax(407)877-7734 30 September 1996 RECEIVED GFc .a. IcNcnN 0Ci Q Gee & Jenson Engineers-Architects-Planners, Inc ORLANDO OFFICE ATTENTION: Brad 2701 Maitland Center Parkway, Suite 150 Maitland, FL 32751 RE: Ocoee Fire Station #4 on Clarke Road Dear Brad: Attached is the revised proposal you requested for the above referenced project. If you need additional information or have any questions, do not hesitate to call. Sincerely, CEMS Consultants, Inc. William J. Blackham, P.L.S. Enclosure: Proposal WJB/nnr Exhibit 3 UNIVERSAL EIIIe •• ENGINEERING SCIENCES •Fort Myers•Merritt Island Consultants In:Geotechnical Engineering• •SI.Augustine •Daytona Beach Environmental Sciences•Construction Materials Testing -West Palm Beach • September 16, 1996 RECEIVED GEE&JENSON Gee &Jenson 2701 Maitland Center Parkway, Suite 150 S E P j 7 IA Maitland, Florida 32751 ORLANDO OFFICE Attention Mr. Brad Bowman Reference: Geotechnical Exploration Proposal Ocoee Fire Station #3A Ocoee, Florida UES Proposal No. 9609-103 Dear Mr. Bowman: Universal Engineering Sciences is pleased to submit our proposal for geotechnical engineering services on this project. Our understanding of this project, together with our proposed scope of services and costs, are presented in the following paragraphs. PROJECT DESCRIPTION We understand from you that this project will consist of a permanent fire station on Maguire Road in the Plantation Groves Shopping Center. We have been furnished with site geometry plan showing the intended layout. SCOPE OF SERVICES • Universal Engineering Sciences proposed to perform seven soil borings for this project. Borings will be made to depths of 5 feet to 20 feet. Standard Penetration Tests (SPT) will be performed continuously in the upper ten-feet of each boring and on five-foot centers thereafter to the bottom of the borings. Our field representative will visually classify the soil samples at each test interval and place them in clean glass jars, which are labeled for future identification. Groundwater levels will be obtained in each boring upon initial encounter and later when the water table has stabilized. At the completion of the site investigation work, the borings will be backfilled with the soil cuttings. The soil samples will be transported to our Orlando laboratory for better classification testing that can be performed by field methods, and to determine the pertinent engineering properties for foundation design and site preparation recommendations. At the completion of the field and laboratory testing services, our project engineer will prepare a report under the direction of a registered professional engineer who specializes in geotechnical engineering consulting. The report will contain the following information at a minimum: o Soil boring logs and classifications o Existing groundwater levels and estimated seasonal high levels o Allowable bearing capacity o Anticipated settlement; total and differential - o Heavy duty and light duty pavement recommendations 3532 Maggie Blvd. • Orlando, FL 32811 • (407) 423-0504 Gee & Jenson Ocoee Fire Station #3A UES Proposal No. 9609-103 o Site preparation recommendations o Other concerns as appropriate We have assumed the site is accessible to our ATV-mounted drilling rig, and you will provide the right-of-access. We have not made an allowance for an environmental assessment of the property, nor for evaluation of the subsurface soils for sinkhole activity. However, we will be glad to furnish you with a proposal for these services upon request. COSTS AND TERMS Presented on Exhibit I, attached, is our costs for performing these services. We will not exceed our budget unless the soils encountered are significantly different than those anticipated or the site is not accessible to our ATV-mounted drilling rig. In either event, you will be notified prior to any increase in costs. You will also find enclosed our General Conditions and Work Authorization/Proposal Acceptance Forms. If you wish us to proceed, please have the party responsible for payment sign the appropriate space on the Work Authorization/Proposal Acceptance Form and return one copy to us execute the agreement. 0( We can begin this work within,days after notification to proceed and will complete this project in less than weeks thereafter. If you should have any questions concerning this information, please call. We look forward to working with on this project. Sincerely, Universal Engineering Sciences Godwin N. Nnadi, Ph.D:, P.E. Senior Project Manager Bruce H. Woloshin, P.E. Manager- Geotechnical Engineering Attachments: Exhibit I General Conditions Work Authorization/Proposal Acceptance Form (2) GNN/cp p:\wodatmp1au10ro posal\m.t9609.103 2 III u' • Gee & Jenson . Ocoee Fire Station #3A UES Proposal No. 9609-103 • EXHIBIT I SCOPE OF WORK AND COST ESTIMATE FOR Ocoee Fire Station#3A • Ocoee, Florida• Price Quantity Unit Per Unit Total I. FIELD INVESTIGATION • A. Buildina Area Three borings to"20 feet - 60 feet $8:00 S480.00 - B. Parking and Drive Borings Four borings to 5 feet 20 feet , S8.00 5160.00 Subtotal-Field Investigation S640.00 II. LABORATORY TESTING ALLOWANCE Sieve Analysis(Wash No. 200 only) 1 4 I each $25.00 I $100.00 • Subtotal-Laboratory Testing Allowance - • $100.00 III. ENGINEERING REVIEW&REPORT • PREPARATION Principal Engineer 0.5 hour $100.00 • $50.00 Senior Engineer 6 hours $75.00 $450.00 Technical Secretary 2 hours $27.00 $54.00 Draftsman • 4 hours S35.00 $140.00 Subtotal-Engineering Review&Report Preparation $694.00 TOTAL $1.434.00 NOTES : • Adeitionai services, consultations or meetings, if requested,,will be invoiced at Universal Engineering Sciences'standard rates. This cost proposal shall remain effective for a period of 60 days. If you should require longer than 60 days to formally • authorize us to proceed, we request that you permit us to revise our cost proposal to account for any changes in cost. • The fee estimate includes six(6) copies of the final report Additional copies can be provided at a cost of 5.25 per page,, $1.00 per plan sheet, plus mailing costs. We have made a good faith effort to work with you to develop a work scope and fee estimate. Because of the possibility of unknown.discovered, underground conditions and/or the need for additional services that neither you nor we can currently foresee, we recommend that you budget a contingency equal to 15% of the total fee estimate. We will not use the contingency amount without first notifying you. Client wiil be responsible for all applicable taxes. • 3 IP • • • UNIVERSAL ENGINEERING SCIENCES, INC. • Work Authorization / Proposal.Acceptance Form Universal Engineering Sciences,Inc.(LIES)is pleased to provide the services described below.The purpose of this document is to describe the terms under which the services will be provided and to obtain formal authorization. PROJECT NAME: Geotechnical Exploration, Ocoee Fire State #3A PROJECT LOCATION: Ocoee, Florida CUENT NAME: Gee&Jenson Date: September 16, 1996 CLIENT ADDRESS: 2701 Maitland Center Parkway, Suite 150, Maitland, FL 32751, Phone (407) 660-1660 I. Scope of Services and Understanding of Project(See attached proposal or as indicated below) Exhibit.! $1,434.00 • • • •II. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral: A. UES General Conditions. B.UES Proposal Dated: September 16,1996 • C. Plans,reports,specifications and other documents provided by the Client prior to this Agreement date. • D. Other exhibits marked and described as follows: Exhibit I ' In the event of any inconsistency or conflict among the Contract Documents,the provision in the Contract Document first listed above shall govern. III. Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged,please indicate where,below: Social Security Number or • Firm: Federal Identification No.: • Address: City: Zip: Attention: Title: IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives CLIENT UNIVERSAL ENGINEERING SCIENCES,INC. BY(Signature) BY(Signature) (� TYPED NAME TYPED NAME Bruce H. Woloshin.P.E. TITLE TITLE Manager-Geotechnical Engineering • DATE DATE September 16,1996 Return executed copies to the Universal Engineering Sciences office indicated below: (x]Orlando []Daytona Beach []Merritt Island (]Gainesville []West Palm Beach []Fort Myers 4 • UNIVERSAL ENGINEERING SCIENCES, INC. Work Authorization / Proposal Acceptance Form Universal Engineering Sciences,Inc.(UES)is pleased to provide the services described below.The purpose of this document is to describe the terms under which the services will be provided and to obtain formal authorization;. PROJECT NAME: Geotechnicai Exploration, Ocoee Fire State#3A • PROJECT LOCATION: Ocoee, Florida CLIENT NAME: Gee &Jenson • Date: September 16, 1996 CLIENT ADDRESS:. 2701 Maitland Center Parkway, Suite 150, Maitland, FL 32751, Phone (407) 660-1660 I. Scope of Services and Understanding of Project (See attached proposal or as indicated below) Exhibit I $1,434.00 • • • • • II. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral: A. UES General Conditions. B.UES Proposal Dated: September 16, 1996 C. Plans,reports,specifications and other documents provided by the Client prior to this Agreement date. • D. Other exhibits marked and described as follows: Exhibit I In the event of any inconsistency or conflict among the Contract Documents,the provision in the Contract Document first listed above shall govern. • HI. Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged,please indicate where,below: Social Security Number or Firm: Federal Identification No.: • • Address: City: Zip: Attention: Title: . IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives CLIENT ' UNIVERSAL ENGINEERING SCIENCES,INC. • BY(Signature) BY'(Signature) (� TYPED NAME TYPED NAME Bruce H. Woloshin.P.E. TITLE TITLE Manager-Geotechnical Endineerinq DATE 'DATE September 16,1996 Return executed copies to the Universal Engineering Sciences office indicated below: [x]Orlando [I Daytona Beach (I Merritt Island (]Gainesville ()West Palm Beach (]Fort Myers 4 • • UNIVERSAL ENGINEERING SCIENCES, INC. GENERAL CONDITIONS SECTION 1: RESPONSIBILITIES 1.1 Universal Engineering Sciences, Inc., heretofore referred to as the'Consultant,' has the responsibility for providing-the services described under the'Scope of Services'section. The work is to be performed according to accepted standards of care and is to be completed in a timely manner. 1.2 The'Client' or a duly authorized representative, is responsible for providing the Consultant with a clear understanding of the project nature and scope. The Client shall supply the Consultant with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys and designs, to allow the Consultant to properly complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. SECTION 2: STANDARD OF CARE 2.1 Services performed by the Consultant under this Agreement are expected by the Client to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the Consultant's profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made. 2.2 The Client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or other explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the Consultant will be based solely on information available to the Consultant at the time of service. The Consultant is responsible for those data, interpretations,and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. SECTION 3: SITE ACCESS AND SITE CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for the Consultant to perform the work set forth in this Agreement. The Client will notify any and all possessors of the project site that Client has granted Consultant free access to the site. The Consultant will take reasonable precautions to minimize damage to the site,but it is understood by Client that,in the normal course of work,some damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the Proposal. 3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. The Consultant will take reasonable precautions to avoid known subterranean structures,and the Client waives any claim against Consultant,and agrees to defend,indemnify,and hold Consultant harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate Consultant for any time spent or expenses incurred by Consultant in defense of any such claim with compensation to be based upon Consultant's prevailing fee schedule and expense reimbursement policy. SECTION 4: SAMPLE OWNERSHIP AND DISPOSAL - 4.1 Soil or water samples obtained from the project during performance of the work shall remain the property of the Client 4.2 The Consultant will dispose of or return to Client all remaining soils and rock samples 60 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon Clients prior written request 4.3 Samples which are contaminated by petroleum products or other chemical waste will be returned to Client for treatment or disposal, consistent with all appropriate federal, state, or local regulations. SECTION 5: BIWNG AND PAYMENT 5.1 Consultant will submit invoices to Client monthly or upon completion of services. Invoices will show charges for different personnel and expense classifications. 5.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of one and one-half percent [1-1/2%1 per month, or the maximum rate allowed by law, on past due accounts, 5.3 if the Consultant incurs any expenses to collect overdue billings on invoices,the sums paid by the Consultant for reasonable attomey's fees,court costs, Consultant's time, Consultant's expenses, and interest will be due and owing by the Client SECTION 6: OWNERSHIP OF DOCUMENTS 6.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the Consultant, as instruments of service, shall remain the property of the Consultant. 6.2 Client agrees that all reports and other work furnished to the Client or his agents, which is not paid for, will be returned upon demand and will not be used by the Client for any purpose. 6.3 The Consultant will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client at all reasonable times. - SECTION 7: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS • 7.1 Client warrants that a reasonable effort has been made to inform Consultant of known or suspected hazardous materials on or near the project site. 7.2 Under this agreement,the term hazardous materials includes hazardous materials(40 CFR 172.01), hazardous wastes(40 CFR 261.2),hazardous - substances (40 CFR 300.6), petroleum products, polychlorinated biphenyls, and asbestos. 7.3 Hazardous materials may exist at a site where there is no reason to believe they could or should be present Consultant and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for Consultant to take immediate measures to protect health and safety. Client agrees to compensate Consultant for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous waste. 7.4 Consultant agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosures required by law to the appropriate governing agencies. Client also agrees to hold Consultant harmless for any and all consequences of disclosures made by Consultant which are required by governing law. In the event the project site is not owned by Client,Client recognizes that it is the Client's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. 7.5 Notwithstanding any other provision of the Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Consultant harmless from any claim, liability, and/or defense costs for injury or loss arising from Consultants discovery of unanticipated hazardous materials or suspected hazardous materials including any costs created by delay of the project and any cost associated with possible reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by the Consultant which are found to be contaminated. SECTION 8: RISK ALLOCATION 8.1 Client agrees that Consultant's liability for any damage on account of any error, omission or other professional negligence will be limited to a sum not to exceed$50,000 or Consultant's fee, whichever is greater. if Client prefers to have higher limits on professional liability, Consultant agrees to increase the limits up to a maximum of$1,000,000 upon Client's written request at the time of accepting our proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or$400.00,whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. SECTION 9: INSURANCE 9.1 The Consultant represents and warrants that it and its agents,staff and Consultants employed by it,is and are protected by worker's compensation insurance and that Consultant has such coverage under public liability and property damage insurance policies which the Consultant deems to be adequate. Certificates for all such policies of insurance shall'be provided to Client upon request in writing. Within the limits and conditions of such insurance, Consultant agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by Consultant, its agents, staff, and consultants employed by it. The Consultant shall not be responsible for any loss, damage or liability beyond-the,amounts, limits, and conditions of such insurance or the limits described in Section 8,whichever is less. The Client agrees to defend indemnify and save consultant harmless for loss, damage or liability arising from acts by client, client's agent, staff, and other consultants employed by Client - - SECTION 10: DISPUTE RESOLUTION 10.1 All claims, disputes, and other matters in controversy between Consultant and Client arising out of or in any way related to this Agreement will be submitted to'alternative dispute resolution'(ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. 10.2 If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then: (a) the claim will be brought and tried in judicial jurisdiction of the court of the county where Consultant's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and - (b) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. SECTION 11: TERMINATION • 11.1 This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. 11.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, Consultant may complete such analyses and records as are necessary to complete his files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of Consultant in completing such analyses, records and reports. SECTION 12: ASSIGNS 12.1 Neither the Client nor the Consultant may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. . SECTION 13: GOVERNING LAW AND SURVIVAL • 13.1 The laws of the State of Florida will govern the validity of these Terms, their interpretation and performance. - 13.2 if any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause. Exhibit 4 UNIVERSAL Eiie • E •• •Fart Myers ENGINEERING SCIENCES •Merritt Island •SI.Augustinstin Consultants In.Geotechnical Engineering• e Daytona Beach Environmental Sciences•Construction Materials Testing •West Palm Beach September 16, 1996 R CE1VED per. • c�rcnnl SEt' 2 n �yyb Gee & Jenson - 2701 Maitland Center Parkway, Suite 150 ORLANDO OFFICE Maitland, Florida 32751 Attention Mr. Brad Bowman Reference: Geotechnical Exploration Proposal Clark Road Fire Station #4 Ocoee, Florida. • UES Proposal No. 9609-104 Revised: September 19, 1996 Dear Mr. Bowman: Universal Engineering Sciences is pleased to submit our proposal for geotechnical engineering services on this project. Our understanding of this project, together with our proposed scope of services and costs, are presented in the following paragraphs. • PROJECT DESCRIPTION We understand from you that this project will consist of a permanent fire station on Clark Road in Ocoee, Florida. We have been furnished with site preliminary site plan showing the intended layout. SCOPE OF SERVICES Universal Engineering Sciences proposed to perform nine soil borings for this project. Borings will be made to depths of 5-feet to 20-feet. Standard Penetration Tests (SPT) will be performed continuously in the upper ten-feet of each boring and on five-foot centers thereafter to the bottom of the borings. Our field representative will visually classify the soil samples at each test interval and place them in clean glass jars, which are labeled for future identification. Groundwater levels will be obtained in each boring upon initial encounter and later when the water table has stabilized. At the completion of the site investigation work, the borings will be backfilled with the soil cuttings. The soil samples will be transported to our Orlando laboratory for better classification testing that can be performed by field methods, and to determine the pertinent engineering properties for foundation design and site preparation recommendations. At the completion of the field and laboratory testing services, our project engineer will prepare a report under the direction of a registered professional engineer who specializes in geotechnical engineering consulting. The report will contain the following information at a minimum: o Soil boring logs and classifications o Existing groundwater levels and estimated seasonal high levels o Allowable bearing capacity o Anticipated settlement; total and differential o Heavy duty and light duty pavement recommendations 3532 Maggie Blvd. • Orlando, FL 32811 • (407) 423-0504 Gee & Jenson Clark Road Fire Station #4 UES Proposal No. 9609-104 o Storm water design parameters o Retention pond drawdown analysis O Site preparation recommendations O Other concerns as appropriate We have assumed the site is accessible to our ATV-mounted drilling rig, and you will provide the right-of-access. We have not made an allowance for an environmental assessment of the property, nor for evaluation of the subsurface soils for sinkhole activity. However, we will be glad to furnish you with a proposal for these services upon request. COSTS AND TERMS Presented on Exhibit I, attached, is our costs for performing these services. We will not exceed our budget unless the soils encountered are significantly different than those anticipated or the site is not accessible to our ATV-mounted drilling rig. In either event, you will be notified prior to any increase in costs. You will also find' enclosed our General Conditions and Work Authorization/Proposal Acceptance Forms. If you wish us to proceed, please have the party responsible for payment sign the appropriate space on the Work Authorization/Proposal Acceptance Form and return one copy to us to execute the agreement. We can begin this work within four days after notification to proceed and will complete this project in less than two weeks thereafter. !f you should have any questions concerning this information, please call. We look forward to working with on this project. Sincerely, Universal Engineering Sciences Godwin N. nadi, Ph.D., P.E. Senior Project Manager .r— Bruce H. Woloshin, P.E. Manager- Geotechnical Engineering • Attachments: Exhibit I General Conditions Work Authorization/Proposal Acceptance Form (2) awcc a tatolatit cre cos a i.^u sc196091.104 2 ' u • Gee & Jenson Clark Road Fire Station #4 UES Proposal No. 9609-104 EXHIBIT I SCOPE OF WORK AND COST ESTIMATE FOR Clark Fire Station #4-Ocoee, Florida Price Quantity Unit Per Unit Total I. FIELD INVESTIGATION A. Building Area Three borings to 20 feet 60 feet S8.00 S480.00 B. Parking and Drive Borings Four borings to 5 feet • 20 feet $8.00 $160.00 C. Retention Pond Borings Two borings to 15 feet 30 feet S8.00 S240.00 Subtotal-Field Investigation $880.00 U. LABORATORY TESTING ALLOWANCE Sieve Analysis(Wash No. 200 only) 4 each $25.00 - $100.00 Falling Head Permeability Tests 1 2 each $85.00 $170.00 Subtotal -Laboratory Testing Allowance $270.00 III. ENGINEERING REVIEW& REPORT • PREPARATION Principal Engineer 1 hour $100.00 S100.00 Senior Engineer 10 hours S75.00 . S750.00 Technical Secretary 2 hours S27.00 S54.00 • Draftsman 4 hours S35.00 S140.00 Subtotal-Engineering Review&Report Preparation S1,044.00 TOTAL • • $2,194.00 - • NOTES: Additional services, consultations or meetings, if requested,will be invoiced at Universal Engineering Sciences' standard rates. This cost proposal shall remain effective for a period of 60 days. If you should require longer than 60 days to formally author¢e us to proceed,we request that you permit us to revise our cost proposal to account for any changes in cost. The fee estimate includes six(6)copies of the final report. Additional copies can be provided at a cost of$.25 per page, $1.00 per plan sheet, plus mailing costs. We have made a good faith effort to work with you to develop a work scope and fee estimate. Because of the possibility of unknown,discovered, underground conditions and/or the need for additional services that neither you nor we can currently foresee, we recommend that you budget a contingency equal to 15% of the total fee estimate. We will not use the contingency amount without first notifying you. Client will be responsible for all applicable taxes. 3 P • `40 • UNIVERSAL ENGINEERING SCIENCES, INC. - Work Authorization [Proposal Acceptance Form • Universal Engineering Sciences,Inc. (UES)is pleased to provide the services described below.The purpose of this document is to describe the terms under which the services will be provided and to obtain formal authorization. PROJECT NAME: Geotechnical Exploration, Clark Road Fire Station#4 PROJECT LOCATION: Ocoee, Florida • CLIENT NAME: Gee &Jenson Date: September 16, 1996 CUENT ADDRESS: 2701 Maitland Center Parkway, Suite 150, Maitland, FL 32751,"Phone (407) 660-1660 I. Scope of Services and Understanding of Project(See attached proposal or as indicated below) Exhibit I $2,194.00 • • • • II. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral: A. UES General Conditions. B.UES Proposal Dated: September 19,1996 C. Plans,reports,specifications and other documents provided by the Client prior to this Agreement date. D. Other exhibits marked and described as follows: _"Exhibit I In the event of any inconsistency or conflict among the Contract Documents,the provision in the Contract Document first listed above shall govern. • III. Authority to proceed and for payment. (To be completed by Client) If the invoice is to be mailed for approval to someone other than the account charged.please indicate where,below: . Social Security Number or Firm: Federal Identification No.: Address: City: Zip:" Attention: Title: IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives CLIENT UNIVERSAL ENGINEERING SCIENCES,INC. BY(Signature) BY(Signature) TYPED NAME TYPED NAME Bruce H. Woloshin,P.E. • TITLE TITLE Manager-Geotechnical Engineering • DATE DATE September 16, 1996 • • Return executed copies to the Universal Engineering Sciences office indicated below: (xi Orlando (]Daytona Beach (]Merritt Island (]Gainesville (]West Palm Beach (]Fort Myers • UNIVERSAL ENGINEERING SCIENCES, INC. Work Authorization / Proposal Acceptance Form • Universal Engineering Sciences, Inc.(UES)is pleased to provide the services described below.The purpose of this document is to describe the terms under which the services will be provided and to obtain formal authorization. PROJECT NAME: Geotechnical Exploration, Clark Road Fire Station #4 PROJECT LOCATION: Ocoee, Florida CLIENT NAME: Gee&Jenson Date: September 16, 1996 CLIENT ADDRESS: 2701 Maitland Center Parkway, Suite.150, Maitland, FL 32751, Phone (407) 660-1660 I. Scope of Services and Understanding of Project(See attached proposal or as indicated below) • Exhibit I $2,194.00 • • • It. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral: A. UES General Conditions. B. UES Proposal Dated: September 19,1996 C. Plans,reports,specifications and other documents provided by the Client prior to•this Agreement date. D. Other exhibits marked and described as follows: Exhibit I In the event of any inconsistency or conflict among the Contract Documents,the provision in the Contract Document first listed above shall govern. III. Authority to proceed and for payment. (To be completed by Client) • If the invoice is to be mailed for approval to someone other than the account charged,please indicate where,below: Social Security Number or Firm: Federal Identification No.: Address: • City: • Zip: Attention: •Title: IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives CLIENT UNIVERSAL ENGINEERING SCIENCES,INC. BY(Signature) • BY(Signature) • TYPED'NAME TYPED NAME Bruce H. Woloshin,P.E. TITLE TITLE Manager-Geotechnical Engineering DATE DATE September 16,1996 Return executed copies to the Universal Engineering Sciences office indicated below: (x]Orlando (]Daytona Beach (1 Merritt Island ()Gainesville (]West Palm Beach ]]Fort Myers • UNIVERSAL ENGINEERING SCIENCES, INC. GENERAL CONDITIONS SECTION 1: RESPONSIBILITIES 1.1 Universal Engineering Sciences, Inc., heretofore referred to as the'Consultant,' has the responsibility for providing the services described under the'Scope of Services'section. The work is to be performed according to accepted standards of care and is to be completed in a timely manner. 1.2 The'Client' or a duly authorized representative, is responsible for providing the Consultant with a clear understanding of the project nature and scope. The Client shall supply the Consultant with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys and designs, to allow the Consultant to property complete the specified services. The Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of the work so that the changes can be incorporated into the work product. SECTION 2: STANDARD OF CARE 2.1 Services performed by the Consultant under this Agreement are expected by the Client to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the Consultants profession practicing contemporaneously under similar conditions in the locality of the project No other warranty,.expressed or implied, is made. 2.2 The Client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or other explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the Consultant will be based solely on information available to the Consultant at the time of service. The Consultant is responsible for those data,interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. SECTION 3: SITE ACCESS AND SITE CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for the Consultant to perform the work set forth in this Agreement The Client will notify any and all possessors of the project site that Client has granted Consultant free access to the site. The Consultant will take reasonable precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work,some damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the Proposal. 3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. The Consultant will take reasonable precautions to avoid known subterranean structures,and the Client waives any claim against Consultant,and agrees to defend,indemnify,and hold Consultant harmless from any claim or liability for injury or loss,including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate Consultant for any time spent or expenses incurred by Consultant in defense of any such claim with compensation to be based upon Consultant's prevailing fee schedule and expense reimbursement policy. SECTION 4: SAMPLE OWNERSHIP AND DISPOSAL 4.1 Soil or water samples obtained from the project during performance of the work shall remain the property of the Client- 4.2 The Consultant will dispose of or return to Client all remaining soils and rock samples 60 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon Client's prior written request. 4.3 Samples which are contaminated by petroleum products or other chemical waste will be returned to Client for treatment or disposal, consistent with all appropriate federal, state, or local regulations. SECTION 5: BILLING AND PAYMENT 5.1 Consultant will submit invoices to Client monthly or upon completion of services. Invoices will show charges for different personnel and expense classifications. 5.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of one and one-half percent [1-1/2%] per month, or the maximum rate allowed by law, on past due accounts. 5.3 If the Consultant incurs any expenses to collect overdue billings on invoices,the sums paid by the Consultant for reasonable attorney's fees,court costs, Consultant's time, Consultant's expenses, and interest will be due and owing by the Client SECTION 6: OWNERSHIP OF DOCUMENTS 6.1 All reports, boring logs,field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the Consultant, as instruments of service, shall remain the property of the Consultant 6.2 Client agrees that all reports and other work furnished to the Client or his agents,which is not paid for,will be returned upon demand and will not be used by the Client for any purpose. 6.3 The Consultant will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client at all reasonable times. SECTION 7: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS 7.1 Client warrants that a reasonable effort has been made to inform Consultant of known or suspected hazardous materials on or near the project site. 7.2 Under this agreement,the term hazardous materials includes hazardous materials(40 CFR 172.01), hazardous wastes(40 CFR 261.2),hazardous substances (40 CFR 300.6), petroleum products, polychlorinated biphenyls, and asbestos. , 7.3 Hazardous materials may exist at a site where there is no reason to believe they could or should be present Consultant and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for Consultant to take immediate measures to protect health and safety. Client agrees to compensate Consultant for any equipment decontamination or other costs incident to the discovery of'unanticipated hazardous waste. 7.4 Consultant agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosures required by law to the appropriate governing agencies. Client also agrees to hold Consultant harmless for any and all consequences of disclosures made by Consultant which are required by governing law. In the event the project site is not owned by Client,Client recognizes that it is the Client's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. 7.5 Notwithstanding any,other provision of the Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Consultant harmless from any claim, liability, and/or defense costs for injury or loss arising from Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials including any costs created by delay of the project and any cost associated with possible reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by the Consultant which are found to be contaminated. SECTION 8: RISK ALLOCATION 8.1 Client agrees that Consultant's liability for any damage on account of any error, omission or other professional negligence will be limited to a sum not to exceed$50,000 or Consultant's fee, whichever is greater. If Client prefers to have higher limits on professional liability, Consultant agrees to increase the limits up to a maximum of $1,000,000 upon Client's written request at the time of accepting our proposal provided that Client agrees to pay an additional consideration of four percent of the total fee, or$400.00, whichever is greater. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. SECTION 9: INSURANCE • 9.1 The Consultant represents and warrants that it and its agents,staff and Consultants employed by it,is and are protected by worker's compensation insurance and that Consultant has such coverage under public liability and property damage insurance policies which the Consultant deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, Consultant agrees to indemnify and save Client harmless from and against loss, damage, or liability arising from negligent acts by Consultant, its agents, staff, and consultants employed by it. The Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits,and conditions of such insurance or the limits described in Section 8,whichever is less. The Client agrees to defend indemnify and save consultant harmless for loss, damage or liability arising from acts by client, client's agent, staff, and other consultants employed by Client. SECTION 10: DISPUTE RESOLUTION 10.1 All claims, disputes, and other matters in controversy between Consultant and Client arising out of or in any way related to this Agreement will be submitted to'alternative dispute resolution' (ADR) such es mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. 10.2 If a dispute at law arises related to the services provided under this Agreement and that_dispute requires litigation instead of ADR as provided above, then: (a)" the claim will be brought and tried in judicial jurisdiction of the court of the county where Consultant's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction, and (b) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. ' ' SECTION 11: TERMINATION 11.1 This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. 11.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, Consultant may complete such analyses and records as are necessary to complete his files and may also complete a report on the services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of Consultant in completing such analyses, records and reports. SECTION 12: ASSIGNS 12.1 Neither the Client nor the Consultant may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. • SECTION 13: GOVERNING LAW AND SURVIVAL 13.1 The laws of the State of Florida will govern the validity of these Terms, their interpretation and performance. 13.2 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause.