The URL can be used to link to this page

Home My Public Portal AboutBrookmeade Improvements MEIMAGNUM ENGINEERING INC GEOTECHNICAL L-s46iNEERING CONSULTANTS September 27, 20223 Client: Mr. John Feeney, P.E. Alday-Howell Engineering, Inc. 4100 S. Ferdon Boulevard, Suite B Crestview, FL 32536 Project Name & Location: Brookmeade Park Improvements - Geotechnical Services Crestview, Florida Scope of Service: Mobilization, Estimate Three (3) 25-feet deep Standard Penetration Test (SPT) borings in the proposed building footprint. Twelve (12) 5-feet to 10-feet deep auger borings in the proposed pavement and stormwater management area, and One (1) Double Ring Infiltrometer test (DRI) in proposed stormwater management area. Laboratory Testing, if required. Engineering Evaluation and Report to include site/soil preparation recommendations, foundation recommendations and Environmental Resource Permitting (ERP) design parameters to aid in the stormwater design. Method of Contract: Lump Sum Budget Estimate: $5,590.00 To authorize Magnum Engineering, Inc to provide the above scope of services please sign the attached authorization form where indicated, and return a copy of the signed proposal to us. Magnum Engineering appreciates the opportunity to provide you with Geotechnical services on this project. Should you have any questions or comments, please call. Sincerely, MAGNUM ENGINEERING, INC. JAMES T. VICKERS, P.E. Sr. Geotechnical Engineer Attachments: General Conditions Authorization Form 429 FLORIDA AVENUE LYNN HAVEN, FLORIDA 32444 OFFICE: 850.258.0994 MAGNUM ENGINEERING INC GEOTECHNILwL ENGINEERING CONSULTANTS GENERAL CONDITIONS 1.0 RIGHT -OF -ENTRY - The client will provide right -of -entry for Magnum Engineering, Inc. and all necessary equipment in order to complete the work. While Magnum Engineering, Inc.. will take precaution to minimize any damage to the property, it is understood by the Client that in the course of work damage may occur, the correction of which is not part of this Agreement. 2.0 DAMAGE TO EXISTING MAN-MADE OBJECTS - The Client will provide the location of underground utilities or obstructions to Magnum Engineering, Inc. who, in the prosecution of this work, will take precaution to avoid damage or injury to any such subterranean structure or utility. The Owner agrees to hold Magnum Engineering, Inc. harmless for any damages to subterranean structures which are not called to Magnum Engineering, Inc.'s attention and correctly shown on the plans furnished and will reimburse Magnum Engineering, Inc. for any expenses in connection with any claims or suits including reasonable attorney fees. 3.0 SAMPLE RETENTION - Magnum Engineering, Inc. will retain all soil samples for 30 days. Further storage or transfer of samples can be made at Client's expense upon written authorization. 4.0 STANDARD OF CARE - Service performed by Magnum Engineering, Inc. under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, expressed or implied, is made. 5.0 Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys or explorations are made by Magnum Engineering, Inc. and that the data, interpretations and recommendations of Magnum Engineering, Inc. are based solely on the information available to it. Magnum Engineering, Inc. shall not be responsible for the interpretation by others of information developed. 6.0 ORAL AGREEMENTS - No oral agreement, guarantee, promise, representation or warranty shall be binding. 7.0 OWNERSHIP OF DOCUMENTS - All reports, boring logs, field data and notes, laboratory test data, calculations, estimates and other documents prepared by Magnum Engineering, Inc., as instruments of service, shall remain the property of Magnum Engineering, Inc. 8.0 BASIS OF PAYMENT - Payment is due within 30 days of date of invoice. Payments not made when due shall bear interest at the maximum rate allowed by law from the date of the invoice until same is paid. 8.1 If the Client fails to make payment due to Magnum Engineering, Inc. for service and/or expenses within 60 days of date of invoice, Magnum Engineering, Inc. may, after giving seven days written notice to the Client, suspend services until all outstanding amounts have been paid to Magnum Engineering, Inc. in full. Further, Magnum Engineering, Inc. may, in addition to withholding services, withhold reports, plans and other documents not paid in full by the Client. 8.2 In the event it is necessary to take legal action to effect collection, whether or not litigation is commenced, the Client agrees to reimburse Magnum Engineering, Inc. for expenses in connection with any claims or suits, including reasonable attorneys' fees. 9.0 DISPUTES - In the event that a dispute should arise relating to the performance of services provided under this Agreement, and that dispute results in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorneys fees and other claim -related expenses. 10.0 INDEMNIFICATION - Magnum Engineering, Inc. agrees to hold harmless and indemnify the Client from and against liability arising out of Magnum Engineering, Inc.'s negligent performance of the work. The Client agrees to indemnify and hold Magnum Engineering, Inc. harmless from all liability including all costs, attorneys fees and expenses of defense for any claims by any other person or corporation which may arise out of the performance or breach of this contract for which Magnum Engineering, Inc. was not solely negligent. 11.0 LIMITATION OF LIABILITY - The Client/Owner agrees to limit Magnum Engineering, Inc . liability for negligent professional acts, errors, or omissions such that the total aggregate liability of Magnum Engineering, Inc. shall not exceed $50,000 or the total fee for the services rendered on this project, whichever is greater. The Owner further agrees to require the contractor and his subcontractors a similar limitation of liability suffered by the contractor or the subcontractor arising from Magnum Engineering, Inc. negligent professional acts, errors or omissions. 12.0 INSURANCE - Magnum Engineering, Inc. represents and warrants that it and its agents, staff and consultants employed by it are protected by Employer's Liability Insurance in conformance with applicable state laws. Magnum Engineering, Inc. has coverage under public liability and property damage insurance policies. A Certificate of Insurance can be supplied evidencing such coverage upon request. 12.1 Within the limits and conditions of such insurance, Magnum Engineering, Inc. agrees to indemnify and save the Client harmless from and against any loss, damage or liability arising from any negligent acts by Magnum Engineering, Inc. Magnum Engineering, Inc. shall not be responsible for any loss, damage or liability beyond the amounts, limits and considerations of such insurance. Magnum Engineering, Inc. shall not be responsible for any loss, damage or liability arising from any acts by the Client, its agents, staff and other consultants employed by it. 12.2 Cost of the above coverage is included in our quoted fees. If additional coverage of increased limits or liability are required, Magnum Engineering, Inc. will endeavor to obtain the requested insurance and charge separately for costs associated with additional coverage or increased limits. 13.0 TERMINATION - This Agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof. Such terminating shall not be effective if the substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Magnum Engineering, Inc. shall be paid for services performed prior to the termination notice date and shall be reimbursed for reasonable termination expenses. 13.1 In the event of termination or suspension for more than three months, prior to completion of all reports contemplated by this Agreement, Magnum Engineering, Inc. may complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs for Magnum Engineering, Inc. in completing such analysis, records and reports. 14.0 ASSIGNS - Neither the Client or Magnum Engineering, Inc. may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of the other party. Magnum Engineering, Inc. Geotechnical Engineering Consultants 429 Florida Avenue Lynn Haven, Florida 32444 AUTHORIZATION FORM CLIENT: ALDAY-HOWELL ENGINEERING, INC. PROJECT: BROOKMEADE PARK IMPROVEMENTS - GEOTECHNICAL SERVICES LOCATION: OKALOOSA COUNTY, FLORIDA DATE: SEPTEMBER 27, 2023 Our understanding of the scope of work is outlined in the cover letter included herein and the attached General Conditions. The signature below authorizes performance of work as described herein in the amount of $5,590.00 and does so on behalf of the Owner of the land in question and warrants he/she has authority to sign be Fa1Lgf the Owner. FIRM: C_-, f A rc DATE: l'El- — SIGNATURE: NAME AND TITLE: Invoices should be directed as follows: FIRM NAME: ADDRESS: Person (s) authorized to order work: NAME: NAME: FIRM: FIRM: PHONE Ng:: PHONE Ng:: DISTRIBUTION: Any distribution in excess of four copies per report will be billed. All reports associated with this project should be distributed as follows: FI ADDRESS