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HomeMy WebLinkAboutUniversal Engineering Sciences Proposal No. 9605-01 -1996 05 01., ,.~ UNIVERSAL ENGINEERING SCIENCES Consultants In: Geotechnical Engineering Environmental Sciences • Construction Materials Testing May 1, 1996 City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Attention: Mr. Donald LeBlanc Reference: Structural Steel Inspection Services City of Winter Springs Public Safety Facility Winter Springs, Florida UES Proposal No.: 9605-01 Dear Mr. LeBlanc: Offices In: • Orlando • Gainesville • Fort Myers • Merritt Island • St. Augustine • Daytona Beach • West Palm Beach Thank you for letting us submit this proposal to provide structural steel inspection services for your project. Universal Engineering Sciences wants to work with you on this exciting project. We pride ourselves on our ability to provide outstanding quality, fast service, and competitive unit prices. Because we are professionals, we take care to conduct our testing according to acceptable standards. We know that fast response to your project and rapid turn-around of test results represents a significant cost savings to you. Our ability to respond to a project on short notice and provide accurate test reports is unsurpassed in the Orlando area. We will not let you down! Universal Engineering Sciences is afull-service consulting engineering firm specializing in Geotechnical and Environmental Engineering and Construction Materials Testing and Threshold Building Inspection. From our home office in Orlando, we operate a 240 employee, Engineering News Record Top 500 engineering firm. We have six regional offices strategically located across the state. We have more than thirty years of experience in Florida. This experience and knowledge of local conditions and construction practices are sure to save you time, money and frustration on your project. Based on our understanding of this project, we will provide the service listed below. We will be glad to provide any other services you request. • Structural Steel Inspection 3532 Maggie Blvd. Orlando, FL 32811 (407) 423-0504 .~ City of Winter Springs Public Safety Facility UES Proposal No. 8694-~8 ~~~ -~~ Page 2 For your budget planning purposes, we have prepared a cost estimate for our services. We based our estimate on the information available from specifications, our discussions, and our experience with similar projects. We are confident that this reflects a reasonable approach to meet the project specifications. I believe the information supplied in this proposal is satisfactory for your current needs. If you have any questions or need more information, please call. If you wish us to begin, please complete the enclosed Work Authorization/Proposal Acceptance Form and return both copies to our office. We will mail a copy back to you after we have signed it. Thanks again for your consideration. We look forward to serving you on this project. Respectfully submitted, UNIVE L ENGINEERING SCIENCES, INC., ichard edding -Marketing ~. - Materials Testing RHW/FJS:jwj Enclosure: Exhibit I Work Authorization/Proposal Acceptance Form General Conditions P:1W P DATA\JOSEPH\P RO POSAL\W E D D I NG\V1/TRSPGS. INS .+ 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: Citv of Winter Springs Public Safety Facility Structural Steel Inspection PROJECT LOCATION: Winter Springs, Florida CLIENT NAME: City of Winter Springs Date: May 1, 1996 CLIENT ADDRESS: 1126 East S.R. 434, Winter Springs, FL 32708 Phone: 407-327-1800 I. Scope of Services and Understanding of Project (See attached proposal or as indicated below) UES PROPOSAL NO. - 9605-01 SEE EXHIBIT I ATTACHED 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: May 1, 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: Firm: Address: Attention: Title: IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly autljorized representatives CLIENT Cit of Winter S rin s UNIVERSAL E BY (Signature) ~ BY (Signature) TYPED NAME Ronal W: McLemore TYPED NAME l Fred J1,8'cF~tlalzer,~.E. TITLE City Manager TITLE Department Mar~ag r<- onstruction Materials Testing DATE ~A ~ ~~~~ DATE J~ Return executed copies to the Universal Engineering Sciences office indicated below: [x] Orlando [ ]Daytona Beach [ ]Merritt Island [ ]Gainesville [ ]West Palm Beach [ ]Fort Myers 3532 Maggie Boulevard Orlando, Florida 32811 Social Security Number or Federal Identification No.: City: Zip: EXHIBIT I SCOPE OF WORK AND COST ESTIMATE FOR STRUCTURAL STEEL INSPECTION SERVICES CITY OF WINTER SPRINGS PUBLIC SAFETY FACILITY, WINTER SPRINGS, FL UES PROPOSAL NO. 9605-O1 Task Quantity Unit lJnrtG4st Cast I. BUILDING A. Structural Steel Insoection Verification of Welder Qualification 4 trips $200.00 $800.00 Certification by a Certified Welding Inspector (CWI) and Report of Findings with Copies of Certifications Subtotal $800.00 TOTAL BUDGET ESTIMATE $800.00 NOTES (1) All engineering review, report preparation and typing services will be provided at a charge of 5% of total charges incurred on each invoice; in any event, we will not exceed the total Structural Steel Inspection budget unless verbal or written approval is received. All unit fees are for normal work hours, Monday through Friday from 6:30 a.m. to 4:30 p.m. daily. Saturday, Sunday and holidays will be invoiced at the standard rate x 1.35. (2) All hourly work requires a minimum four (4) hour call-out per trip. This estimate is based on our review of the project documents and our experience with similar projects. However, we do not have control over the contractor's construction practices, scheduling, or inclement weather. Therefore, actual quantities; may vary from our estimated quantities. ur UNNERSAI_ ENGINEERING SCIENCES INC. (iENEflAL oONDrnONs SECTION 1: 1.1 Universal Engineering Sciences, Inc., heretofore referred to as the 'Consultanrt,' 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 represer~tive, is responsible for providing the Consultant with a clear understanding of the project nature and scope. The Client shall supply the ConsukaM 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 condkions 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 SIT>= 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 ConsukaM free access to the sfte. The ConsulleM will take reasonable precautions to minimize damage to the site, but k 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 CIieM is responsible for the accuracy of locations for all subtercanean structures and utilities. The ConsukaM 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 ConsukaM for any time spent or expenses incurced 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 OYVNEFISFfIP AND DISPOSAL 4.1 Soii or water samples obtained from the project during performance of the work shall remain the property of the CIieM. 4.2 The Consultant will dispose of or return to CIieM 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 CIieM for treatment or disposal, consistent with all appropriate federal, state, or local regulations. SECTION 5: I~N.IJN(i AND PAYMENT 5.1 ConsukaM will submit invoices to CIieM monthy or upon completion of services. Irnoices will show charges for different personnel and expense classrfications. 5.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. CIieM agrees to pay a finance charge of one and one-half percent [t-1/296] per month, or the maximum rate allowed by law, on past due accounts. 5.3 ff 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 CIieM. SECTION 6: OMMERSFfiP OF DOCUMENTS 6.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documerrts 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 CIieM for any purpose. 6.3 The Consultant wfll 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 UNANTIK:IPATED 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 constltutes 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 lt necessary for Consultant to take immediate measures to protect health and safely. 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 lt 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 ALLOCATKNI 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. lt Client prefers to have higher limas on protessional 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 lt and its agents, staff and Consultants employed by tt, 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 arbltration, before and as a condltion precedent to other remedies provided by law. 10.2 lt a dispute at law arises related to the services provided under this Agreement and that dispute requires Ittigation 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 parry to perform in accordance with the terms hereof. Such termination shall not be effectiverf that substantial failure has been remedied before expiration of the period spec'rfied 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 wlthout the written consent of the other party. SECTION 13: GOVERNING LAW AND SURVNAL 13.1 The laws of the State of Florida will govern the validity of these Terms, their interpretation and performance. 13.2 tt 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. May 7, 1996 To: City Clerk From: Land Management Specialist Re: Public Safety Complex Contract with Universal Engineering Sciences ~ ~~~~~ l ~~ ~ ~.~ MAY ~~' ~~96 ~1T_1( OF WINTER SPRIN&S CITY HALL Attached for your records are the originals of the two (2) contracts signed with Universal as it relates to field testing for the public safety complex: UES Proposal No. 9604-38 $1,250.00 UES Proposal No. 9605-01 $ 800.00 cc: Finance Director Purchasing Director