NFLCE Contract

by | Feb 9, 2022 | Samples legal papers

484 N Bridgestone Ave,

Saint Johns, Florida 32259 Phone: (904) 657-3138

DATE: January 26, 2021

TO: Mr. Charles Edwards

Atlantic Beach, Florida

PROJECT:  893 Amberjack Lane, Atlantic Beach, FL 32233

  • PROJECT INFORMATION
  • Based on the preliminary floor plan and the information you have provided, we understand that engineering services are required for the structural design of the new one-story house located at 893 Amberjack Lane, Atlantic Beach, FL 32233. 

The structure of the house will consist of:

– Reinforced concrete shallow foundations.

– Reinforced concrete slab-on grade.

– Composite structural insulated panel wall system by Thermasteel.

– Prefabricated steel roof trusses.

– (1) One site visit during construction

1.2 The project is to be concluded on _______ day of _____ month _______ year. In the event where the project will not be completed by then, NFLCE shall inform the client prior to that date and state logical reasons as to why the service delivery cannot be concluded on the agreed date.

 

    1. SCOPE OF SERVICE
  • North Florida Consulting Engineers LLC would be pleased to perform structural engineering services for the above-referenced project. Engineering services will include analysis and design per the 2020 Florida Building Code (FBC). NFLCE will provide four (4) copies of the plans. Three (3) copies will be signed and sealed, and one (1) copy not signed and sealed for reproduction purposes. Additional copies will be charged at a rate of $6.00 per sheet. NFLCE can complete the project once the following information is provided to us:

 Signed acceptance of this proposal

 Final Architectural Drawings (AutoCAD file if are available)

2.2 North Florida Consulting Engineers LLC agrees to act as the Client’s Engineer of record to file for the project’s building permit, to stamp and seal all plans and reports required by the city until the city approves the permit application. The City building permit approval is required before final fee is paid. 

  1. FEES

North Florida Consulting Engineers LLC can provide the above services for a Lump Sum fee of $1600. Prices are valid for a period of 30 days. Should this proposal meet with your approval, please sign below and return by email at your convenience.

All services during construction (construction administration), including site visits, repairs, and consulting, that is not within the scope of this proposal will be charged at an hourly rate of $100 per hour. Design services resulting from client changes after commencement of the structural design will also be charged at an hourly rate of $100 per hour.

  1. ACCESS TO THE SITE

Unless otherwise stated, NFLCE will have access to the site for activities necessary for the performance of the services. NFLCE will take precautions to minimize damage due to these activities but has not included in the fee the cost of restoration of any resulting damage.

  • DISPUTE RESOLUTION

Any claims or disputes made during design, construction or post-construction between the Client and NFLCE shall be submitted to non-binding mediation. Client and NFLCE agree to include a similar mediation agreement with all contractors, subcontractors, sub-consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.

  • BILLINGS/PAYMENTS
  • NFLCE service bills will be submitted 25% of the total fees at the first progress submission, the remaining balance upon completion of such services, remaining invoices will be payable when the contract documents are collected from our office.
  • The remaining 75% shall be paid in installment. 50% of the total amount upon completion of the project and the remaining 25% of the total amount upon completion of stamped and sealed plans and drawing in addition to the City building permit approval.
  • LATE PAYMENTS

Accounts unpaid 30 days, for any reason, after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event, any portion or all of an account remains unpaid 90 days after billing; the Client shall pay all costs of collection, including reasonable attorney’s fees.

  • INDEMNIFICATION

The Client shall, to the fullest extent permitted by law, indemnify and hold harmless NFLCE, his or her officers, directors, employees, agents and sub-consultants from and against all damage, liability and cost, including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of NFLCE.

  • CERTIFICATIONS

Guarantees and Warranties: NFLCE shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence NFLCE cannot ascertain.

  • LIMITATION OF LIABILITY

In recognition of the relative risks, rewards and benefits of the project to both the Client and NFLCE, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, NFLCE’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the cost of Engineering Services provided by NFLCE. Such causes include, but are not limited to, NFLCE’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty.

PERSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013), AN INDIVIDUAL EMPLOYEE OR AGENT OF NFLCE MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.

  • TERMINATION OF SERVICES

This agreement may be terminated by the Client or NFLCE should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay NFLCE for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.

  • Entire Agreement

This Contract Agreement and the Attachments hereto constitute the sole and entire agreement between the Parties hereto with respect to the subject matter hereof and no modification of this Contract Agreement and Exhibits shall be binding unless signed by all Parties. No representation, promise or inducement which is not included in this Contract Agreement or Exhibits shall be binding upon any party hereto.

  • OWNERSHIP OF DOCUMENTS

All documents produced by NFLCE under this agreement shall remain the property of NFLCE and may not be used by the Client for any other endeavor without the written consent of NFLCE.

If there are any questions or areas of the proposal that need clarification or adjustment, please let NFLCE know at your earliest convenience.

________________________________________ _______________________

Proposal Accepted Date

___________________________________ ___________________________

Client’s Signature Date

 

___________________________________ ___________________________

Company Official Signature Date

 

_____________________________ ___________________________

Mr. Fausto Uriguen Signature 

(Engineer of record) Date

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