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CITY OF MIAMI
ARTICLE 2 GENERAL CONDITIONS...................................................................................................
CAPITAL IMPROVEMENTS PROGRAM
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4 rc r ne c,
PROFESSIONAL SERVICES AGREEMENT
2.02 SCOPE OF SERVICES...............................................................................................................
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2.03 COMPENSATION.......................................................................................................................
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Service Category Health and Human Risk Assessment and Soil Management Plan
Preparation and Implementation Services
Contract Type Project Specific
Project (if applicable) Marlins Stadium Site Parking, B-30648
CONSULTANT Bureau Veritas North America, Inc.
TABLE OF CONTENTS
ARTICLE1 DEFINITIONS.....................................................................................................................
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ARTICLE 2 GENERAL CONDITIONS...................................................................................................
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2.01 TERM: ......................................................................... ...............................................................
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2.02 SCOPE OF SERVICES...............................................................................................................
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2.03 COMPENSATION.......................................................................................................................
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ARTICLE3 PERFORMANCE................................................................................................................
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3.01 PERFORMANCE AND DELEGATION.......................................................................................
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3.02 REMOVAL OF UNSATISFACTORY PERSONNEL...................................................................
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3.03 CONSULTANT KEY STAFF.......................................................................................................
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3.04 TIME FOR PERFORMANCE......................................................................................................
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ARTICLE 4 SUBCONSULTANTS.........................................................................................................
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4.01 GENERAL...................................................................................................................................6
4.02 SUBCONSULTANT RELATIONSHIPS......................................................................................
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4.03 CHANGES TO SUBCONSULTANTS.........................................................................................
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ARTICLE5 DEFAULT...........................................................................................................................
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5.01 GENERAL...................................................................................................................................7
5.02 CONDITIONS OF DEFAULT......................................................................................................
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5.03 TIME TO CURE DEFAULT; FORCE MAJEURE.......................................................................
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ARTICLE 6 TERMINATION OF AGREEMENT.....................................................................................
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6.01 CITY'S RIGHT TO TERMINATE................................................................................................
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6.02 CONSULTANT'S RIGHT TO TERMINATE................................................................................
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6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT ..........................................
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ARTICLE 7 DOCUMENTS AND RECORDS.........................................................................................
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7.01 OWNERSHIP OF DOCUMENTS................................................................................................
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7.02 DELIVERY UPON REQUEST OR CANCELLATION.................................................................
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7.03 RE -USE BY CITY........................................................................................................................
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7.04 NONDISCLOSURE.....................................................................................................................8
7.05 MAINTENANCE OF RECORDS.............................................................................-..................
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ARTICLE 8 INDEMNIFICATION............................................................................................................
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ARTICLE 9 INSURANCE.......................................................................................................................
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9.01 COMPANIES PROVIDING COVERAGE....................................................................................
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9.02 VERIFICATION OF INSURANCE COVERAGE.........................................................................
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9.03 FORMS OF COVERAGE............................................................................................................
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9.04 MODIFICATIONS TO COVERAGE..........................................................................................
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ARTICLE 10 MISCELLANEOUS- ................................................... .....................................................
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10.01 AUDIT RIGHTS.........................................................................................................................
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10.02 ENTIRE AGREEMENT.............................................................................................................
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10.03 SUCCESSORS AND ASSIGNS................................................................................................
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10.04 TRUTH -IN -NEGOTIATION CERTIFICATE..............................................................................
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10.05 APPLICABLE LAW AND VENUE OF LITIGATION.................................................................
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CIP Contract No. 1
TABLE OF CONTENTS (CONTINUED)
10.06 NOTICES..................................................................................................................................
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10.07 INTERPRETATION...................................................................................................................
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10.08 JOINT PREPARATION.............................................................................................................
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10.09 PRIORITY OF PROVISIONS....................................................................................................
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10.10 MEDIATION - WAIVER OF JURY TRIAL.................................................................................
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10.11 TIME..........................................................................................................................................
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10.12 COMPLIANCE WITH LAWS.....................................................................................................
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10.13 NO PARTNERSHIP..................................................................................................................
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10.14 DISCRETION OF DIRECTOR..................................................................................................
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10.15 RESOLUTION OF CONTRACT DISPUTES............................................................................
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10.16 INDEPENDENT CONTRACTOR: .............................................................................................
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ATTACHMENT A - SCOPE OF WORK.....................................................................................................
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ARTICLEAl ...............................................................................................................................................
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A1.01 SCOPE OF SERVICES.............................................................................................................
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ARTICLEA2 BASIC SERVICES............................................................................................................
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SCHEDULE Al. - SUBCONSULTANTS....................................................................................................
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SCHEDULEA2. - KEY STAFF..................................................................................................................
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ATTACHMENT B - COMPENSATION AND PAYMENTS.........................................................................
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ARTICLE B1 METHOD OF COMPENSATION.........................................................................................
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131.01 COMPENSATION LIMITS........................................................................................................
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131.02 CONSULTANT NOT TO EXCEED...........................................................................................
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ARTICLE B2 WAGE RATES..................................................................................................................
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B2.01 FEE BASIS................................................................................................................................
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B2.02 EMPLOYEES AND JOB CLASSIFICATIONS.........................................................................
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B2.03 MULTIPLIER.............................................................................................................................19
B2.04 CALCULATION.........................................................................................................................19
B2.05 EMPLOYEE BENEFITS AND OVERHEAD..............................................................................
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ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION..............................................................
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B3.01 LUMP SUM: .................................. ............................ ..............................................................
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B3.02 HOURLY RATE FEES..............................................................................................................
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B3.03 PERCENTAGE OF CONSTRUCTION COST: .........................................................................
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B3.04 REIMBURSABLE EXPENSES.................................................................................................
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B3.05 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES: ........................................................
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B3.06 FEES FOR ADDITIONAL SERVICES......................................................................................
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B3.07 PAYMENT EXCLUSIONS... .....................................................................................................
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B3.08 FEES RESULTING FROM PROJECT SUSPENSION.............................................................
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ARTICLE B4 PAYMENTS TO THE CONSULTANT..............................................................................
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B4.01 PAYMENTS GENERALLY.......................................................................................................
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B4.02 FOR COMPREHENSIVE BASIC SERVICES..........................................................................
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B4.03 BILLING - HOURLY RATE......................................................................................................
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B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES ........................
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B4.05 DEDUCTIONS...........................................................................................................................23
ARTICLE B5 REIMBURSABLE EXPENSES: .......................................................................................
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B5.01 GENERAL.................................................................................................................................23
B5.02 REIMBURSEMENTS TO SUB-CONSULTANTS.....................................................................
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ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS ...........................
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B6.01 GENERAL..............................:..................................................................................................23
SCHEDULE B1 - COMPENSATION SUMMARY...................................................................................
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SCHEDULE B2 - WAGE RATES SUMMARY........................................................................................
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ATTACHMENT C - PROPOSALS..............................................................................................................
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2
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
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PROFESSIONAL SERVICES AGREEMENT
Service Category
Health and Human Risk Assessment and Soil Management Plan
Preparation and Implementation Services
Contract Type
Project Specific
Project (if applicable)
Marlins Stadium Site Parking, B-30648
CONSULTANT
Bureau Veritas North America, Inc.
Consultant Office Location
8175 NW 12 1h Street, Suite 110
Miami, FL 33126
City Authorization
Resolution No.
THIS AGREEMENT made this _ day of in the year 2010 by and
between THE CITY OF MIAMI, FLORIDA, a Municipal Corporation of the State of Florida,
hereinafter called the "City," hereinafter called the "City," and Bureau Veritas North America,
Inc., a for profit Corporation, of the State of Florida hereinafter called the "Consultant."
RECITAL
A. On July 22, 2010, pursuant to Resolution No. , the City Commission
authorized the award of an agreement to the Consultant for the provision of Health and Human
Risk Assessment and Soil Management Plan Preparation Services for the Marlins Stadium Site
Parking ("Services"). The Consultant's Proposals for the Services are expressly incorporated
into and made a part of this Agreement as if set forth in full.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth,
agree as follows:
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEFINITIONS
1.01 Additional Services means any work defined as such in a Work Order, secured in compliance with
Florida Statutes and City Code.
1.02 Attachments mean the Attachments to this Agreement which are expressly incorporated by
reference and made a part of this Agreement as if set forth in full.
1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services.
1.04 Basic Services means those services designated as such in a Work Order.
1.05 City Commission means the legislative body of the City of Miami.
1.06 City Manager means the duly appointed chief administrative officer of the City of Miami.
1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency
which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, City's
performance is pursuant to City's position as the Owner of the Project. In the event the City exercises its
regulatory authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred
pursuant to City's authority as a governmental body and shall not be attributable in any manner to City as
a party to this Agreement. The City of Miami shall be referred to herein as "City". For the purposes of this
Agreement, "City" without modification shall mean the City Manager.
1.08 Consultant means the individual, partnership, corporation, association, joint venture, or any
combination thereof, of properly registered professional architects, or engineers, which has entered into
the Agreement to provide professional services to the City.
1.09 Contractor means an individual, partnership, corporation, association, joint venture, or any
combination thereof, which has entered into a contract with the City for construction of City facilities and
incidentals thereto.
1.10 Director means the Director of the City Department designated herein who has the authority and
responsibility for managing the specific project or projects covered under this Agreement. Unless
otherwise specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top
administrator of the Capital Improvements Program or designee.
1.11 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by
the City to make observations of work performed by a Contractor.
1.12 Notice to Proceed means same as "Authorization to Proceed." A duly authorized written letter or
directive issued by the Director or Project Manager acknowledging that all conditions precedent have been
met and/or directing that Consultant may begin work on the Project.
1.13 Omissions means items the plans, specification or other documents prepared by the Consultant
that are not shown or included which are necessary for the proper and/or safe operation of the Project or
required to meet the Scope of Services.
1.14 Project Manager means an employee or representative of the City assigned by the Director to
manage and monitor the Services to be performed under this Agreement and the construction of a project
as a direct representative of the City.
1.15 Project means the construction, alteration and/or repair, and all services and incidentals thereto, of
a City facility as contemplated and budgeted by the City. The Project shall be further defined in the Scope
of Services and/or Work Order issued pursuant to this Agreement.
PROFESSIONAL SERVICES AGREEMENT
1.16 Professional Services means those services within the scope of the practice of architecture,
professional engineering, or registered surveying and mapping, as applicable; as defined by the laws of
the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or
mapper in connection with his or her professional employment or practice. These services may be
abbreviated herein as "architectural/ engineering services" or "professional services", as applicable, which
are within this definition.
1.17 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual
named by the City Manager to administer matters relating to insurance and risk of loss for the City.
1.18 Scope of Services or Services means a comprehensive description of the activities, tasks, design
features, objectives, deliverables and milestones required for the completion of Project or an assignment
with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion.
1.19 Sub -consultant means a person or organization of properly registered professional architects,
engineers, registered surveyor or mapper, and/or other professional specialty that has entered into a
written agreement with the Consultant to furnish specified professional services for a Project or task.
1.20 Wage Rates means the effective direct expense to Consultant and/or Sub -Consultant, on an hourly
rate basis, for employees in the specified professions and job categories assigned to provide services
under this Agreement that justify and form the basis for professional fees regardless of actual manner of
compensation.
1.21 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.22 Work Order Proposal means a document prepared by the Consultant, at the request of the City for
Services to be provided by the Consultant on a specific phase of a Project of for Additional Services.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM:
The term of this Agreement shall be effective until final completion of the Services for the Project and final
payment is made to the Consultant.
2.02 SCOPE OF SERVICES
Consultant agrees to provide the Services as specifically described and set forth in Attachment "A" hereto,
which by this reference is incorporated into and made a part of this Agreement.
2.03 COMPENSATION
2.03-1 Compensation Limits
The amount of compensation payable by the City to Consultant shall be a lump sum not to exceed
fee for basic services, based on the rates and schedules established in Attachment B hereto,
which by this reference is incorporated into this Agreement; provided, however, that in no event
shall the amount of compensation exceed One Hundred Twenty Six Thousand, Six Hundred
Ninety Two Dollars ($126,692.00) in total over the term of the Agreement and any extension(s),
unless explicitly approved by action of the City Commission or City Manager, as applicable, and
put into effect by written amendment to this Agreement. Said fee is comprised of a fee for basic
services of $86,692.00, plus $40,000.00 for Additional Services. The City may, at its sole
discretion use other compensation methodologies for Additional Services.
2.03-2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made in accordance
with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of
Consultant's invoice, which shall be accompanied by sufficient supporting documentation and
contain sufficient detail, to allow a proper audit of expenditures, should City require one to be
performed. If Consultant is entitled to reimbursement of travel expenses, then all bills for travel
expenses shall be submitted in accordance with Section 112.061, Florida Statutes. Consultant
shall utilize Attachment "C" for the submission of invoices.
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 3 PERFORMANCE
3.01 PERFORMANCE AND DELEGATION
The Services to be performed hereunder shall be performed by the Consultant's own staff, unless
otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be
construed as constituting an agreement between the City and said other person or firm.
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal and replacement of
any personnel employed or retained by the Consultant, or any Sub -Consultants or subcontractors, or any
personnel of any such Sub -Consultants or subcontractors engaged by the Consultant to provide and
perform Services pursuant to the requirements of this Agreement. The Consultant shall respond to City
within fourteen (14) calendar days of receipt of such request with either the removal and replacement of
such personnel or written justification as to why that may not occur. All decisions involving personnel will
be made by Consultant. Such request shall solely relate to said employees work under this Agreement.
3.03 CONSULTANT KEY STAFF
The parties acknowledge that Consultant was selected by City, in part, on the basis of qualifications of
particular staff identified in Consultant's response to City's solicitation, hereinafter referred to as "Key
Staff'. Consultant shall ensure that Key Staff are available for Services hereunder as long as said Key
Staff is in Consultant's employ. Consultant will obtain prior written acceptance of Director or designee to
change Key Staff. Consultant shall provide Director, or designee with such information as necessary to
determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff
qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to
perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Services hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to performance of this Agreement.
A reasonable extension of the time for completion of various assignments, tasks or phases may be
granted by the City should there be a delay on the part of the City in fulfilling its obligations under this
Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for
extra compensation.
3.05 STANDARD OF CARE
Consultant is solely responsible for the technical accuracy and quality of its Services. Consultant shall
perform all Services in compliance with Florida Administrative Code Rule 61 G15-19.001(4) and Section
471.033(1) (g) of the Florida Statutes. Consultant shall perform due diligence, in accordance with best
industry practices, in gather information and inspecting a Project site prior to the commencement of
design. Consultant shall be responsible for the professional quality, technical accuracy and coordination
of all design, drawings, specification, and other Services furnished by the Consultant under this
Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions,
and/or deficiencies in its designs, drawings, specification or other Services. Consultant shall also be liable
for claims for delay costs, and any increased costs in construction, including but not limited to additional
work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in
its designs, drawings, specification or other Services.
ARTICLE 4 SUBCONSULTANTS
4.01 GENERAL
4.01-1 A Sub -consultant, as defined in Article 1.18, is a firm that was identified as part of the
consulting team in the competitive selection process by which Consultant was chosen to perform the
services under this Agreement, and as such, is identified and listed in Schedule Al attached hereto
and incorporated by reference,
4.01-2 A Specialty Sub -consultant is a person or organization that has, with the consent of the
Director, entered into a written agreement with the Consultant to furnish unique and/or specialized
PROFESSIONAL SERVICES AGREEMENT
professional services necessary for the Project or task described under Additional Services. Such
Specialty Sub -consultant shall be in addition to those identified in Schedule Al.
4.02 SUBCONSULTANT RELATIONSHIPS
4.02-1 All Services provided by the Sub -consultants shall be performed pursuant to appropriate
written agreements between the Consultant and the Sub -consultants, which shall contain provisions
that preserve and protect the rights of the City under this Agreement.
4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship
between the City and the Sub -consultants. The Consultant acknowledges that Sub -consultants are
entirely under its direction, control, supervision, retention and/or discharge.
4.03 CHANGES TO SUBCONSULTANTS
The Consultant shall not add, modify, or change any Sub -consultant listed in Schedule Al without prior
written approval by the Director or designee, in response to a written request from the Consultant stating
the reasons for any proposed substitution.
ARTICLE 5 DEFAULT
5.01 GENERAL
If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its
obligations hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder
the City, in addition to all remedies available to it by law, may immediately, upon written notice to
Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by
the City to Consultant while Consultant was in default shall be immediately returned to the City.
Consultant understands and agrees that termination of this Agreement under this section shall not release
Consultant from any obligation accruing prior to the effective date of termination.
In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City
for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including consequential and
incidental damages. In the event of default, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving rise to default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required.
5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under this
Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with
the City, beyond the specified period allowed to cure such default.
5.02-3 Consultant fails to commence the Services within the time provided or contemplated herein,
or fails to complete the Services in a timely manner as required by this Agreement.
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE
City through the Director or designee shall provide written notice to Consultant as to a finding of default,
and Consultant shall take all necessary action to cure said default within time stipulated in said notice,
after which time the City may terminate the Agreement. The City at its sole discretion, may allow
additional days to perform any required cure if Consultant provides written justification deemed reasonably
sufficient.
Should any such failure on the part of Consultant be due to a condition of Force Majeure as that term is
interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with
the cause of such failure to perform or cure.
ARTICLE 6 TERMINATION OF AGREEMENT
6.01 CITY'S RIGHT TO TERMINATE
The City, including the Director or designee, has the right to terminate this Agreement for any reason or no
reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts, sketches,
studies, drawings, and other documents, including all electronic copies related to Services authorized
PROFESSIONAL SERVICES AGREEMENT
under this Agreement, whether finished or not, must be turned over to the Director or designee. The
Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation
is turned over to Director or designee within ten (10) business days of termination. Failure to timely deliver
the documentation shall be cause to withhold any payments due without recourse by Consultant until all
documentation is delivered to the Director or designee.
6.01-1 Consultant shall have no recourse or remedy from a termination made by the City except
to retain the fees earned compensation for the Services that was performed in complete compliance
with this Agreement, as full and final settlement of any claim, action, demand, cost, charge or
entitlement it may have, or will, have against the City, its officials or employees.
6.02 CONSULTANT'S RIGHT TO TERMINATE
The Consultant shall have the right to terminate this Agreement, in writing, following breach by the City, if
breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a
written statement from Consultant specifying its breach of its duties under this Agreement.
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT
Consultant warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate this Agreement
without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
ARTICLE 7 DOCUMENTS AND RECORDS
7.01 OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained
under this Agreement, as well as all data collected, together with summaries and charts derived
therefrom, including all electronic digital copies will be considered works made for hire and will, based on
incremental transfer wherein the above shall become the property of the City upon payments made to
Consultant or termination of this Agreement without restriction or limitation on their use, and will be made
available, on request, to City at any time during the performance of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of Consultant at any time. The Consultant shall be permitted to retain copies,
including reproducible copies, solely for information and reference in connection with the City's use and
occupancy of the Project.
7.02 DELIVERY UPON REQUEST OR CANCELLATION
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director
or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just
cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such
documents. Consultant shall have no recourse from these requirements.
7.03 RE -USE BY CITY
It is understood that all Consultant agreements and/or Work Orders for new Services will include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this
provision without the necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans,
documents, studies, or other data for any purpose other than that intended by the terms and conditions of
this Agreement.
7.04 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
PROFESSIONAL SERVICES AGREEMENT
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its
employees, agents, Sub -Consultants and subcontractors to comply with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation, which concern or reflect its.
services hereunder. Records subject to the provisions of Public Record Law, Florida Statutes Chapter
119, shall be kept in accordance with statute. Otherwise, the records and documentation will be retained
by Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date
the Project is completed, whichever is later. City, or any duly authorized agents or representatives of City,
shall have the right to audit, inspect, and copy all such records and documentation as often as they deem
necessary during the period of this Agreement and during the three (3) year period noted above; provided,
however such activity shall be conducted only during normal business hours.
ARTICLE 8 INDEMNIFICATION
The Consultant shall hold harmless, indemnify and defend the City, its officials and employees from any
and all claims, losses and causes of actions which may arise out of the performance of this Agreement as
a result of any act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of
the Consultant or the Sub -Consultants. The Consultant shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all project related suits, in the name of the City when
applicable, and shall pay all costs, including without limitation reasonable attorney's and appellate
attorney's fees, and judgments which may issue thereon. The Consultant's obligation under this
paragraph shall not be limited in any way by the agreed upon contract price, or the Consultant's limit of, or
lack of, sufficient insurance protection and shall apply to the full extent that it is caused by the negligence,
act, omission, recklessness or intentional wrongful conduct of the Consultants, its agents, servants, or
representatives.
ARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager has approved such insurance.
9.01 COMPANIES PROVIDING COVERAGE
All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent
and be rated at least A(X), as per A.M. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval
prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has
obtained insurance of the type, amount and classification required by these provisions, in excess of any
pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. Consultant shall provide written
notice to the City's Department of Risk Management of any material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) days of written request.
9.03 FORMS OF COVERAGE
9.03-1 COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY
The consultant shall maintain commercial general liability coverage with limits of at least $1,000,000
per occurrence, $2,000,000 aggregate for bodily injury and property damage. The coverage shall
include Premises and Operations, Contingent and Contractual Liability, and Products and Completed
Operations, with additional endorsements as applicable. The coverage shall be written on a primary
and non contributory basis with the City listed as an additional insured as reflected by endorsement
CG 2010 11/85 or its equivalence. Notice of cancellation should read (30) days/ (10) days for
nonpayment.
9.03-2 BUSINESS AUTOMOBILE
PROFESSIONAL SERVICES AGREEMENT
The consultant shall provide business automobile liability coverage including coverage for all owned,
hired and non owned autos with a minimal combined single limit of $1,000,000 naming the City as an
additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10)
days for nonpayment.
PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions
coverage in the minimum amount of $1,000,000 per claim, $1,000,000 aggregate providing for all
sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the
services performed by the Consultant or any person employed by the Consultant in connection with
this Agreement. This insurance shall be maintained for at least one year after completion of the
construction and acceptance of any project covered by this Agreement.
WORKER'S COMPENSATION INSURANCE
The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes,
Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000 each
occurrence.
SUB -CONSULTANT COMPLIANCE
Consultant shall ensure that all Sub -consultants comply with these same insurance requirements.
9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other insurance
obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06 herein.
Consultant shall comply with such requests unless the insurance coverage is not then readily available in
the national market, and may request additional consideration from City accompanied by justification.
ARTICLE 10 MISCELLANEOUS
10.01AUDIT RIGHTS
The City reserves the right to audit the Consultant's accounts during the performance of this Agreement
and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies
of any records necessary, in the opinion of the Director, to approve any requests for payment by the
Consultant.
10.02 ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated Agreement
between the City and the Consultant and supersedes all prior negotiations, representations or
agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise
altered in any respect, at any time after the execution hereof, except by a written document executed with
the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in
whole or in part, by the Consultant without the written consent of the City, acting by and through its City
Commission. It is understood that a sale of the majority of the stock or partnership shares of the
Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
The Consultant's services are unique in nature and any transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax returns
from any proposed Assignee and the execution of an Assignment/ Assumption Agreement in a form
satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Consultant and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
10
PROFESSIONAL SERVICES AGREEMENT
In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under
the Lump Sum method, the Consultant certifies that wage rates and other factual unit costs supporting the
compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant sums by which the City
determines the project price was increased due to inaccurate, incomplete or non-current wage rates and
other factual unit costs. All such price adjustments will be made within 1 year following the end of the
Project.
10.05 APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the
State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this
Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees
except in actions arising out of Consultant's duties to indemnify the City under ARTICLE 8 where
Consultant shall pay the City's reasonable attorney's fees.
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended at
the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving of notice:
For City of Miami:
Alice N. Bravo, P.E., Director
City of Miami
Capital Improvements Program (CIP)
444 S.W. 2"d Ave., - 8th FI
Miami, Florida 33130
For Consultant:
David D. Devol, Division Manager
Bureau Veritas North America, Inc.
8175 NW 12th Street, Suite 110
Miami, FL 33126
10.07 INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual intent and no
rule of strict construction shall be applied against either party hereto. The headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the
singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any
particular sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section, unless the reference is made to a
particular subsection or subparagraph of such Section or Article.
10.08 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of the City and Consultant and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against one of
the parties than any other.
10.09 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
10.10 MEDIATION -WAIVER OF JURY TRIAL
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
design and /or construction of the subject project(s), and/or following the completion of the projects(s), the
PROFESSIONAL SERVICES AGREEMENT
parties to this Agreement agree all disputes between them shall be submitted to non-binding mediation
prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator,
who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County,
State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant
agrees to include such similar contract provisions with all Sub -consultants and/or independent contractors
and/or Consultants retained for the project(s), thereby providing for non-binding mediation as the primary
mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or
to file permissive counterclaims in any action arising under this Agreement.
10.11 TIME
Time is of the essence in this Agreement.
10.12 COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions
including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable
guidelines and standards in performing its duties, responsibilities, and obligations related to this
Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as
provided by law in connection with the performance of this Agreement.
Non -Discrimination
City warrants and represents that it does not and will not engage in discriminatory practices and that
there shall be no discrimination in connection with Consultant's performance under this Agreement on
account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant
further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color,
sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
10.12-1 OSHA COMPLIANCE
The Consultant warrants that it will comply with all safety precautions as required by federal, state or
local laws, rules, regulations and ordinances. The City reserves the right to refuse Consultant access
to City property, including project jobsites, if Consultant employees are not properly equipped with
safety gear in accordance with OSHA regulations or if a continuing pattern of non-compliance with
safety regulations is exhibited by Consultant.
10.12-2 ADA COMPLIANCE
Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I
& II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations,
guidelines and standards. Additionally—the Consultant shall take affirmative steps to—insure
nondiscrimination in employment of disabled persons.
10.13 NO PARTNERSHIP
Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or
other business enterprise between the parties. The Consultant has no authority to bind the City to any
promise, debt, default, or undertaking of the Consultant.
10.14 DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within
the exercise of the reasonable professional discretion of the Director or the Director's authorized
designee.
10.15 RESOLUTION OF CONTRACT DISPUTES
Consultant understands and agrees that all disputes between it and the City based upon an alleged
violation of the terms of this Agreement by the City shall be submitted for resolution in the following
manner.
The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit
a copy to the City of Miami personnel identified in Article 10.06, Notices.
12
PROFESSIONAL SERVICES AGREEMENT
Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their
dispute in writing, with all supporting documentation, to the Assistant Director -Contracts, as identified in
Article 10.06, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the
issues relative to the dispute and issue a written finding.
Should the Consultant and the Assistant Director -Contracts fail to resolve the dispute the Consultant shall
submit their dispute in writing within five (5) calendar days to the Director. Failure to submit such appeal
of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said
notification the Director shall review the issues relative to the dispute and issue a written finding.
Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the
Consultant. Appeal to the City Manager for his/her resolution, is required prior to Consultant being entitled
to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed
$500,000, the City Manager's decision shall be approved or disapproved by the City Commission.
Consultant shall not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City Commission if
applicable, or
(ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of
the dispute, accompanied by all supporting documentation, or a period of (90) days has expired
where City Manager's decision is subject to City Commission approval; or
(iii) City has waived compliance with the procedure set forth in this section by written instrument(s)
signed by the City Manager.
10.16 INDEPENDENT CONTRACTOR:
Consultant has been procured and is being engaged to provide services to the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, Consultant shall not attain, nor be
entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights
generally afforded classified or unclassified employees. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Consultant, and
agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE: .
Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
Consultant and the City agree that it is not intended that any provision of this Agreement establishes a
third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under
this Agreement.
10.15 PERFORMANCE EVALUATIONS
The City conducts performance evaluations during and after completion of agreements with consultants,
which are used as a basis for the awarding of future work as well advising the consultant of their
performance.
10.20 NO ESTOPPEL
Neither the City's review, approval and/or acceptance of, or payment for Services performed under this
Agreement shall be construed to operate as a waiver of any rights under this Agreement of any cause of
action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to
the City in accordance with applicable laws for all damages to the City caused by the Consultant's
negligent performance of any of the Services under this Agreement. The rights and remedies provided for
under this Agreement are in addition to any other rights and remedies provided by law.
Where the Consultant is comprised of more than one legal entity, each such entity shall be jointly and
severally liable under this Agreement.
13
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST
Signature
Print Name, Title
ATTEST:
CONSULTANT Secretary
(Affirm CONSULTANT Seal, if available)
ATTEST:
Priscilla A. Thompson, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Risk Management Administrator
CONS_ULTAXT,,iBureautVeritas,�North 'Amer`ica
Inc x,
Signature
Print Name, Title of Authorized Officer or Official
(Corporate Seal)
CITY OF MIAMI, a municipal corporation of the
State of Florida
Carlos A. Migoya, City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julie 0. Bru, City Attorney
14
PROFESSIONAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under
the laws of the State of held on the _day of a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the corporation to execute agreements on behalf of the
corporation and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of held on the _day of a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the partnership to execute agreements on behalf of the
partnership and provides that his/her execution thereof, attested by a partner, shall be the
official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Partner:
Print:
Names ana aaareSSeS OTpartners:
Name I Street Address City State Zip
15
PROFESSIONAL SERVICES AGREEMENT
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing
this bid is authorized to sign bid documents on behalf of the joint venture. if there is no joint
venture agreement each member of the joint venture must sign the bid and submit the
appropriate Certificate of Authority (corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the Agreement to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_
Signed:
Print:
NOTARIZATION
STATE OF )
) SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally
known to me or who has produced as identification and who
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
a
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al
Services shall include the completion of a Health and Human Risk Assessment and the preparation and
implementation of a Soil Management Plan for the surface parking lots and the parking garages for the
Marlins Stadium Site Parking Project.
A1.01 SCOPE OF SERVICES
Consultant agrees to provide Health and Human Risk Assessment and Soil Management Plan
Preparation services as set forth in the tasks enumerated hereinafter, in accordance with all federal, state,
county and City of Miami, Florida, Codes and Ordinances. Consultant shall maintain an adequate staff of
qualified personnel on the Work at all times to ensure its performance as specified in the Agreement.
ARTICLE A2 BASIC SERVICES
Consultant shall furnish, as Basic Services, the following services as further detailed in the proposals
included in Attachment C, hereby incorporated and made a part thereof. Task one (1) of both proposals
was performed in accordance with the general terms and conditions of Bureau Verita's Miscellaneous
Environmental/Coastal Engineering Professional Services Agreement with the City, dated May 11, 2004.
Major Task and/or Activity
Health and Human Risk Assessment
Task 2- Hazard Communication Update/Site-Specific
Safety Training
Soil Management Plan Preparation
Task 2- Soil Management Plan Implementation
Task 3- Soil Management Plan Report Preparation
Consultant shall submit one (1) electronic set of all documents and two (2) copies of documents required,
without additional charge, for review and approval by City. Consultant shall not proceed with the next task
of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed
with the next task has been issued by City.
17
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A
SCOPE OF WORK
SCHEDULE Al. - SUBCONSULTANTS
I FIRM NAME i CONSULTING FIELD I
I Test America Laboratories I Environmental I
Florida Spectrum Environmental Services I Environmental
SCHEDULE A2. KEY STAFF
NAME
JOB CLASSIFICATION
Tovar, Alex E
Environmental Technician
Metcalf, Mary
Environmental Consultant
Paul, Darryl
Project Manager
Pages, Maria
Environmental Consultant
Adasme, Sergio A.
Project Manager
Donham, Stephen
Manager, Certified Industrial Hygienist
Tait, Lynn
Senior Environmental Consultant li
Speed, Robert
Senior Project Manager
Johnston, Bryan Scott
Senior Project Manager
Hernandez, Marco
Professional Engineer
Devol, David
Division Manager
Kolbe, Tami
Project Accountant
Baide, Cindy
Project Engineer
Griffin, Janita
Environmental Consultant
Bueno, Rene
Senior Environmental Consultant 11
Velasquez, Diana
Environmental Consultant II
Canty, Maria
Senior Environmental Consultant 11
1S
ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE 131 METHOD OF COMPENSATION
The fees for Professional Services for the Project and each Work Order shall be determined by one of the
following methods or a combination thereof, at the option of the Director or designee, with the consent of
the Consultant.
a) A Lump Sum, which may include not to exceed components (See Section 133.01).
b) An Hourly Rate, as defined 133.02in Section and at the rates set forth in Section
c) A Percentage of Construction Cost, as defined in Section 83.03, solely with the written approval of
the Director
NOTE; The Lump Sum manner of compensation is the preferred and primary form of compensation.
B1.01 COMPENSATION LIMITS
The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the
Consultant payable by the City under this Agreement shall be limited to the amount specified in Section
2.03-1 as the maximum compensation limit for cumulative expenditures under this Agreement. Under no
circumstances will the City have any liability for work performed, or as otherwise may be alleged or
claimed by Consultant, beyond the cumulative amount provided herein, except where specifically
approved in accordance with the City Code by the City Manager or City Commission as applicable as an
increase to the Agreement and put into effect via an Amendment to this Agreement.
B1.02 CONSULTANT NOT TO EXCEED
Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or
percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded,
the City shall have no liability or responsibility for paying any amount of such excess, which will be at
Consultant's own cost and expense.
ARTICLE 132 WAGE RATES
82.01 FEE BASIS
All fees and compensation payable under this Agreement shall be formulated and based upon the certified
negotiated Wage Rates. The Wage Rates are summarized in Schedule 61 incorporated herein by
reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of Consultant
and Subconsultant employees in the specified professions and job categories that are to be utilized to
provide the services under this Agreement, regardless of manner of compensation.
82.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These include architects, engineers, landscape architects, professional interns,
designers, CADD technicians, project managers, GIS and environmental specialists, specification writers,
clerical/administrative support, and others engaged in the Work. In determining compensation for a given
Scope of Work, the City reserves the right to recommend the use of Consultant employees at particular
Wage Rate levels.
B2.03 MULTIPLIER
For Work assigned under this Agreement, a maximum multiplier of 2.8 for home office and 2.4 for field
shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Should
the Consultant have an approved multiplier with the State of Florida or Miami Dade County the City may
elect to utilize of these multipliers should they be less than above stipulated rates. Said multiplier is
intended to cover Consultant employee benefits and Consultant's profit and overhead, including, without
limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of
equipment, professional dues, subscriptions, stenographic, administrative and clerical support, other
employee time or travel and subsistence not directly related to a project.
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in calculating compensation payable for specific
assignments and Work Orders as requested by City. Consultant shall identify job classifications, available
IM
ATTACHMENT B - COMPENSATION
staff and projected man-hours required for the proper completion of tasks and/or groups of tasks,
milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
Regardless of the method of compensation elected herein, compensation paid by City shall, via the
Multiplier, shall cover all Consultant costs including, without limitation, employee fringe benefits (e.g, sick
leave, vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits)
and an overhead factor. Failure to comply with this section shall be cause for cancellation of this
Agreement.
ARTICLE S3 COMPUTATION OF FEES AND COMPENSATION
The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered
pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as
applicable, in the following manner:
B3.01 LUMP SUM:
Compensation for a Scope of Work shall generally be a Lump Sum, either a Fixed Fee or Not to Exceed
Fee as deemed appropriate by the City, to be mutually agreed upon in writing by the City and the
Consultant and stated in a Work Order, Lump Sum compensation is the preferred method of
compensation.
B3.01-1 Lump Sum Fixed Fee: shall be the total amount of compensation where all aspects of
Work are clearly defined, quantified and calculated.
B3.01-2 Guaranteed Maximum Lump Sum: shall be the total maximum fee amount payable by
City wherein certain aspects, tasks or allowances may not be defined, quantified and calculated at the
time of Work Order issuance. A Guaranteed Maximum Lump Sum compensation may represent a
combination of Fixed Fees for professional services and not to exceed allowances for Reimbursable
Expenses or Additional Services.
B3.01-3 Where a Lump Sum Fixed Fee is agreed upon as the "Base Fee' for Basic Services
defined for a project, payments to the Consultant shall be based on a percentage of the Base Fee
according to the Phase of the Work as indicated under Section 6.01.
133.01-4 If the City authorizes a substantial or material change in the Scope of Work, the Lump
Sum for any Base Fee may be equitably adjusted by mutually consent of the parties, which may be
put into effect by an amendment to the Work Order.
B3.01-5 It is understood that with Fixed Fee Lump Sum Compensation, the Consultant shall
perform all services for total compensation in the amount stated above. Under a Not to Exceed Lump
Sum, the Consultant shall perform all services that may comprise "Basic Services" but may not be
required by City to perform all other services delineated in the Work Order. In either case, The City
shall have no obligation or liability to pay any fee, expenditure, charge or cost beyond the Lump Sum
compensation amount stipulated.
B3.01-6 Lump Sum compensation shall be calculated by Consultant utilizing the Wage Rates
established herein. Prior to issuing a Work Order, the City may require Consultant to verify or justify
its requested Lump Sum compensation. Such verification shall present sufficient information as
depicted in Schedule A2.
B3.02 HOURLY RATE FEES
B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees
identified in Schedule 131 Wage Rates. All hourly rate fees will include a maximum not to exceed
figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for
any fee, cost or expense above this figure.
B3.02-2 Conditions for Use:
Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible
to determine, define, quantify and/or calculate the complete nature, and/or aspects, tasks, man-hours,
20
ATTACHMENT B - COMPENSATION
or milestones for a particular Project or portion thereof at the time of Work Order issuance. Hourly
Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City
will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to
be performed on an Hourly Rate Basis.
B3.03 PERCENTAGE OF CONSTRUCTION COST:
This is a percentage fee based on the Total Authorized Design Value of a project said percentage being
hereinafter called the "Base Fee," as mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order or Notice to Proceed
B3.03-1 Fee Computation:
83.03-1(a) The Total Authorized Design Value shall be used and identified in the Work Order as the
basis for establishing the compensatory fee for all phases identified as part of Basic Services.
B3.03 -1(b) If the actual construction cost is increased during the construction phase, the "Actual
Construction Cost' shall be used as the basis for determining the fee for Construction Administration
Phase if included in Basic Services.
B3.03 -1(c) The term "Actual Construction Cost' does not include any compensation to the
Consultant, the cost of the land, rights-of-way, works of art, permit fees or other costs which are the
responsibility of the City.
B3.03-2 Inclusive Fee
It is understood that with percentage compensation the Consultant shall perform all services for the
stated percentage of the construction cost budgeted when the contract is signed.
B3.03-3 Changes to Project Scope
If the City authorizes an increase or decrease in the scope of the Project or the Total Authorized
Design Value of the Project, the Base Fee will be adjusted accordingly, based on justification from the
Wage Rates or as mutually agreed upon.
B3.04 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office
rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting
supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and
specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other
employees time or travel and subsistence not directly related to a project. All reimbursable services shall
be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of
sets required at each phase of the Work will be a Reimbursable Expense.
The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations
of this Agreement as verified by supporting documentation deemed appropriate by Director or designee
including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks.
B3.05 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES:
The design of additive and deductive alternates contemplated as part of the original Scope for a Project as
authorized by the Director will be considered as part of Basic Services. The design of additive and
deductive alternates that are beyond the original Scope of Work and construction budget may be billed to
City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined
above, as mutually agreed by the Director and the Consultant.
B3.06 FEES FOR ADDITIONAL SERVICES
The Consultant may be authorized to perform Additional Services for which additional compensation
and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.06 and B3.04
respectively, may be applicable.
133,06-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum; Hourly Rate with a Not to Exceed Limit, or Percentage of Construction Cost.
83.06-2 Procedure and Compliance
2)
ATTACHMENT B - COMPENSATION
An independent and detailed Notice to Proceed, and an Amendment to a specific Work Order, shall
be required to be issued and signed by the Director for each additional service requested by the City.
The Notice to Proceed will specify the fee for such service and upper limit of the fee, which shall not
be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance,
the Consultant's Competitive Negotiation Act, and other applicable laws.
83.06-3 Fee Limitations
Any authorized compensation for Additional Services, either professional fees or reimbursable
expenses, shall not include additional charges for office rent or overhead expenses of any kind,
including local telephone and utility charges, office and drafting supplies, depreciation of equipment,
professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing,
stenographic, clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services the Consultant will apply the multiplier of one- (1.0) times the
amount expended by the Consultant.
B3.07 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to drawings and
specifications, for extended construction administration, or for other work when such work is due to errors
or omissions of Consultant as determined by City.
B3.08 FEES RESULTING FROM PROJECT SUSPENSION
If a project is suspended for the convenience of the City for more than three months or terminated without
any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized,
performed prior to such suspension or termination, together with the cost of authorized reimbursable
services and expenses then due, and all appropriate, applicable, and documented expenses resulting
from such suspension or termination, If the Project is resumed after having been suspended for more
than three months, the Consultant's further compensation shall be subject to renegotiations.
ARTICLE B4 PAYMENTS TO THE CONSULTANT
B4.01 PAYMENTS GENERALLY
Payments for Basic Services may be requested monthly in proportion to services performed during each
Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the
actual amount paid by Consultant. Consultant shall utilize the City standard Consultant Invoice Form that
will be provided to the Consultant by the Project Manager.
B4.02 FOR COMPREHENSIVE BASIC SERVICES
For those Projects and Work Orders where comprehensive design services are stipulated, said payments
shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated
below for each Phase.
B4.03 BILLING — HOURLY RATE
Invoices submitted by Consultant shall be sufficiently detailed and accompanied by supporting
documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate
basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names,
classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a
project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added.
The Consultant shall attach to the invoice all supporting data for payments made to and incurred by Sub -
Consultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate
authorizations, submit a progress report giving the percentage of completion of the Project development
and the total estimated fee to completion.
B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES
Payment for Additional Services may be requested monthly in proportion to the services performed.
When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by
the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and
total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any
authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all
22
ATTACHMENT B - COMPENSATION
supporting data for payments made to or costs incurred by Sub -consultants engaged on the project or
task.
In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report
giving the percentage of completion of the Project development and the total estimated fee to completion.
B4.05 DEDUCTIONS
No deductions shall be made from the Consultant's compensation on account of liquidated damages
assessed against contractors or other sums withheld from payments to contractors.
ARTICLE B5 REIMBURSABLE EXPENSES:
85.01 GENERAL
Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of
Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual
expenditures made by the Consultant and the Consultant's employees, Sub -consultants, and Special Sub -
consultants in the interest of the Work for the purposes identified below:
B5.01-1 Transportation
Identifiable transportation expenses in connection with the Project, subject to the limitations of Section
112.061, Florida Statutes, as amended, excluding, however, all, general automobile transportation
expenses within Miami -Dade, Broward, and Palm Beach Counties. Transportation expenses to
locations outside the Miami-Dade-Broward-Palm Beach County area or from locations outside the
Miami-Dade-Broward-Palm Beach County area will not be reimbursed unless specifically pre -
authorized in writing by the Project Manager. Such pre -authorization will be subject to the limitations
of Section 112.061, Florida Statutes, as amended.
135.01-2 Travel And Per Diem
Identifiable per diem, meals and lodging, lodging, taxi fares and miscellaneous travel -connected
expenses for Consultant's personnel subject to the limitations of Section 112.061 Florida Statutes as
amended. Meals for class C travel inside Miami -Dade or Broward County will not be reimbursed.
Meals and lodging expenses will not be reimbursed for temporarily relocating Consultant's employees
from one of Consultant's offices to another office if the employee is relocated for more than ten (10)
consecutive Working days. Lodging will be reimbursed only for room rates equivalent to Holiday Inn,
Howard Johnson or Ramada Inn. Governmental lodging or meals will not be reimbursed that result
from travel within Miami -Dade, Broward or Palm Beach Counties.
85.01-3 Communication Expenses
Identifiable communication expenses approved by the Project Manager, long distance telephone,
courier and express mail between the Consultant's various permanent offices. The Consultant's field
office at the Project site is not considered a permanent office.
B5.01-4 Reproduction, Photography
Cost of printing, reproduction or photography, which is required by or of Consultant to deliver services,
set forth in this Agreement.
135.01-5 Permit Fees
All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These
permit fees do not include those permits required to be paid by the construction Contractor.
B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS
Reimbursable Sub -consultant's expenses are limited to the items described above when the Sub -
consultant agreement provides for reimbursable expenses and when such agreement has been previously
approved in writing by the Director and subject to all budgetary limitations of the City and requirements of
ARTICLE 65 herein.
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS
B6.01 GENERAL
It is understood that Consultant's Agreements and/or Work Orders for existing or new Work include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
23
ATTACHMENT B - COMPENSATION
option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without
the necessity of further approvals, compensation, fees or documents being required and without recourse
for such re -use.
24
ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE S1 - COMPENSATION SUMMARY
Major Task and/or Activity
Fee Amount
i
i
Health and Human Risk Assessment
Hazard Communication Update/Site-Specific
SafetyTraining$8,350.00
Soil Management Plan Preparation
Soil Management Plan Implementation
$52,960.00
Soil Management Plan Report Preparation 1
$15,382.00
Lump Sum Total:
$86,692.00
25
ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE B2 - WAGE RATES SUMMARY
JOB CLASSIFICATION
NEGOTIATED
AVERAGE HOURLY
RATE
ADJUSTED
AVERAGE
HOURLY RATE
(Multiplier Applied)
Environmental Technician
TBD
TBD
Environmental Consultant
TBD
TBD
Environmental Consultant 11
TBD
TSD
Senior Environmental Consultant
TBD
TBD
Senior Environmental Consultant 11
TBD
TBD
Project Manger
TSD
TBD
Senior Project Manager
TBD
TBD
Manager, Certified Industrial Hygienist
TBD
TBD
Professional Geologist
TBD
TBD
Professional Engineer
TBD
TBD
Division Manager
TBD
TBD
Project Accountant
TBD
TBD
Project Engineer
TBD
TBD
26
Mr. Robert Fenton
Senior Project Manager
City of Miami
Office of the City Manager
444 Southwest 2nd Avenue, 10th Floor
Miami, Florida 33130
Re: Proposal to Conduct a Construction Worker Risk Assessment
Surface Parking Lots and Parking Garages
Miami Ballpark Site.
1501 Northwest 31d Street
Miami, Miami -Dade County, Florida
Bureau Veritas Proposal No. 2609.10.018 (Revised)
Dear Mr. Fenton:
Pursuant to your request, Bureau Veritas North America, Inc. (Bureau Veritas) is pleased to
present this revised scope of services and fee estimate to assess potential human health risks
to construction workers from exposure to soils impacted with arsenic (parcels W1 and P1
through P4) and benzo(a)pyrene equivalent compounds (parcel W3) detected on the proposed
surface parking lots and Parking Garages. The scope of services described herein is derived to
provide additional information requested by the General Contractor (Suffolk) related to potential
worker exposure.
SCOPE OF SERVICES
Task 1 — Health and Human Risk Assessment
Bureau Veritas will prepare an assessment of human health risks to construction workers from
exposure to soils impacted with arsenic and benzo(a)pyrene equivalent compounds on the
proposed surface parking lots and parking garages. Bureau Veritas will use standard United
States Environmental Protection Agency methods to estimate non -cancer health effects to
construction workers for a short-term exposure (i.e., during the proposed construction time
period). Bureau Veritas will provide a final report documenting the potential human health risks
and will include conclusions and recommendations, based on the results.
Bureau Veritas will provide the services described in Task 1 above for a lump sum fee of
$11,940.00.
Task 2 — Hazard Communication Update / Site -Specific Safety Training
Bureau Veritas will provide a Certified Industrial Hygienist (CIH) to prepare a Hazard
Communication training module and written supplement to the City of Miami specific to the
Marlins Ballpark parking garage construction activities to include safety information related to
Bureau Veritas North America, Inc.
8175 Northwest 12" Street, Suite 110 Main (305) 593-7878
Miami, Florida 33126 Fax (305) 593-2190
Mr. Robert Fenton
April 26, 2010
Page 2
Proposal to Conduct CWRA and Hazcom Training
Surface Parking Lots and Garages— Marlins Ball Park
Bureau Veritas Proposal No. 2609.10.018 (Revised)
arsenic and benzo(a)pyrene. This task also includes one (1) "train -the -trainer" session with the
City -appointed safety designee to present the details of the Hazard Communication training
module so it may be properly administered by to affected site workers,
Bureau Veritas will provide an Occupational Health and Safety (OHS) Industrial Hygiene
Consultant from our Florida Regional Office, working under the direction of a CIH, to perform the
following air monitoring tasks:
Perform air monitoring during initial construction activities associated with earthwork
activities (the highest anticipated exposures to airborne soil contaminants) in four (4) areas
of the Marlins Ballpark parking garage construction site, including:
o Area W1
o Area W3
o North Track (Areas P1 & P2)
o South Track (Areas P3 & P4)
Collect area air samples to be analyzed for arsenic for each of the four (4) construction site
locations specified above, as follows:
o Upwind area perimeter (1 sample)
o Downwind area perimeter (2 samples)
o W1 and W3 ONLY — construction site area closest to public day care center (1
sample)
Collect area air samples to be analyzed for polynuclear aromatic hydrocarbons (PAHs),
which includes anthracene, benzo[a]pyrene, chrysene, phenanthrene, and pyrene) for Area
W3 only, as follows:
o Upwind area perimeter (1 sample)
o Downwind area perimeter (2 samples)
o Construction site area closest to public day care center (1 sample)
Submit the collected air samples along with field blanks to our American Industrial Hygiene
Association (AIHA)-accredited laboratory in Novi, Michigan for analysis. Samples will be
analyzed using analytical methods developed by the Occupational Safety and Health
Administration (OSHA) and the National Institute for Occupational Safety and Health
(NIOSH) for this project. Samples will be submitted for 3 -day turnaround. Verbal results will
be communicated to the City upon receipt and review of the laboratory analysis report.
Prepare a written report outlining the results of air sampling, field observations, conclusions,
and recommendations. Results of monitoring will be evaluated against Permissible
Exposure Limits (PELs) established by OSHA and will include conclusions and
recommendations as warranted by the data.
Bureau Veritas will provide the service described in Task 2 above for a lump sum fee of
$18,350.00 using commercially reasonable best efforts consistent with the level and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
m .
a'
uza
Mr. Robert Fenton Proposal to Conduct CWRA and Hazcom Training
April 26, 2090 Surface Parking Lots and Garages — Marlins Ball Park
Page 3 Bureau Veritas Proposal No. 2609.10.018 (Revised)
SCHEDULE
Bureau Veritas understands that time is of the essence regarding this project, and we will
proceed with services upon receipt of your authorization to proceed. Bureau Veritas will make
every effort to expedite this project, and estimates that the Health and Human Risk Assessment
report can be submitted within 10 to 15 business days from our receipt of authorization to
proceed. Bureau Veritas estimates that the Hazcom and site-specific safety training can be
completed in approximately 20 business days.
TERMS AND CONDITIONS
Bureau Veritas will begin work immediately upon your notification to proceed. Any unexpected
conditions or concerns that become apparent during the project, such as deviation from the
assumptions outlined herein, will require a revision in the project scope, schedule and fees
(Contract Change Order). This proposal does not include any additional meetings, consultations,
additional assessment, sampling, reporting or laboratory fees not specified herein. Bureau Veritas
will immediately notify you of any necessary change in project scope and fees, and obtain
written confirmation of such changes. All work will be conducted in accordance with this
proposal and the attached Terms and Conditions.
Bureau Veritas appreciates this opportunity, and we look forward to being part of the project
team. To accept this proposal, please sign below and return a copy to the undersigned. Bureau
Veritas would appreciate verbal authorization to proceed. if you have any questions, please
contact the undersigned at 305.788.6806.
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BL.R E':AL
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Mr. Robert Fenton Proposal to Conduct CWRA and Hazcom Training
April 26, 2090 Surface Parking Lots and Garages — Marlins Ball Park
Page 4 Bureau Veritas Proposal No. 2609.10.018 (Revised)
Bureau Veritas Proposal No.: 2609.10.018
Proposal Accepted By:
Print Name:
Title:
Company:
Date:
April 26, 2010
Mr. Robert Fenton
Senior Project Manager
City of Miami
Office of the City Manager
444 Southwest 2nd Avenue, 10th Floor
Miami, Florida 33130
Re: Revised Proposal to Prepare and Implement a Soil Management Plan
Surface Parking Lots and Parking Garages
Marlins Ball Park
Miami, Miami -Dade County, Florida
Bureau Veritas Proposal No. 2609.10.016r
Dear Mr. Fenton:
Pursuant to your request, Bureau Veritas North America, Inc. (Bureau Veritas) is pleased to
present this revised scope of services and fee estimate to provide environmental consulting
services in support of the above -referenced project. The scope of services described herein
were derived to provide guidance for soil management practices during construction activities,
and are consistent with requirements communicated by the Miami -Dade County Department of
Environmental Resources Management (DERM) on February 25, 2010, and forwarded to you
via email on the same day.
Scope of Services
TASK 1 SOIL MANAGEMENT PLAN PREPARATION
Bureau Veritas will prepare a soil management plan (SMP) suitable for review, approval and/or
modification, as required by the DERM. The SMP will include, at a minimum:
• A scaled site plan depicting the location and depth of soil to be excavated from parcel W-
1;
• A scaled site plan depicting the proposed location for stockpiling the soil prior to final
placement;
• The proposed method for stockpiling/covering (e.g., visqueen) the excavated soil prior to
final placement;
• A scaled site plan depicting the proposed final location(s) of the soil with the assumed final
elevation(s) subsequent to placement of the soil; and,
• The level of environmental oversight necessary to provide final disposition of all soil,
which will be required by the DERM.
In addition, Bureau Veritas understands that proposed construction activities at other parcels of
the site (i.e., W-3, P-1 through P-4) may require soil be removed and/or relocated. Bureau Veritas
recommends that, to the extent possible, the SMP include means and methods for handling and
final placement of soil to avoid the necessity of modifying this SMP or preparing additional SMPs.
Bureau Veritas North America, Inc.
8175 Northwest 12'" Street, Suite 110 Telephone: (305) 593-7878
Miami, Florida 33125 Facsimile: (305) 593-2190
Mr. Robert Fenton Soil Management Plan Preparation and Submittal
April 26, 2010 Surface Parking Lots and Garages — Marlins Ball Park
Page 2 Bureau Veritas Proposal No. 2609.10.016r
Following receipt and review of the scaled site plans referenced on the.previous page, Bureau
Veritas will prepare a draft copy of the SMP described above for a lump sum fee of $12,823.00.
This fee includes up to four coordination meetings, report preparation, reproduction and submittal
to applicable parties. This proposal includes up two revisions to the SMP as deemed necessary
by the Client or the DERM.
TASK 2 SOIL MANAGEMENT PLAN IMPLEMENTATION
Bureau Veritas will conduct environmental oversight activities during the implementation of the
approved SMP, as required by the DERM. Based on our conversations and information provided
to date, Bureau Veritas understands the level of effort of environmental oversight necessary for
the SMP implementation will require an on-site technician for approximately two days per week for
approximately six months to oversee and document site activities as it relates to the soil
management necessary for locations W1,. W3 and P1 through P4. This will include the
preparation and collection of field notes and photographs describing soil management activities
and documentation of required tasks as approved in the SMP. This task also includes project
management fees commensurate with the level of effort described above. Progress status
reports will be transmitted electronically to the Client on a weekly basis.
Bureau Veritas will perform the scope of work described in Task 2 on a Time and Materials basis
not to exceed $52,960.00 without prior authorization. Bureau Veritas understands that all
construction -related activities associated with the implementation of the approved SMP will be
performed by others and as such Bureau Veritas will not be responsible for any excavation,
removal or placement of soil or site surveying. This proposal does not include any soil sampling or
laboratory analysis for any offsite soil disposal characterization should it become necessary.
Should the project require a level of effort that exceeds the description above, the Client will be
notified immediately and provided with an adjusted scope of services and associated fees. Any
additional work, if necessary will only be performed following receipt of authorization from the
Client.
TASK 3 SOIL MANAGEMENT PLAN REPORT PREPARATION
Bureau Veritas will prepare a Soil Management Report summarizing activities provided in Task
2 and will include figures, tables, field notes, photographs and supporting documentation as
required by the approved soil management plan.
Bureau Veritas will perform Task 3 described above for a lump sum fee of $15,382.00. This fee
includes report preparation, reproduction and submittal to applicable parties. This proposal
includes up two revisions to the report as deemed necessary by the Client or the DERM.
SCHEDULE
Bureau Veritas will proceed with services upon receipt of your authorization to proceed. Bureau
Veritas estimates that, once all baseline information regarding soil volumes, location and
placement are determined, report preparation will take approximately 10-15 business days.
Mr. Robert Fenton Soil Management Plan Preparation and Submittal
April 26, 2010 Surface Parking Lots and Garages — Marlins Ball Park
Page 3 Bureau Veritas Proposal No. 2609.10.016r
QUALIFICATIONS
This fee estimate does not include the preparation of a Construction Worker Risk Assessment or
additional worker safety precautions necessary for material handling, if any. Bureau Veritas is
preparing a scope of services and fee estimate for these contingencies and will forward separately.
This proposal does not include any meetings, consultations, additional assessment, sampling,
reporting or laboratory fees not specified herein.
Any unexpected conditions or concerns that become apparent during the project, such as
deviation from the assumptions outlined herein, will require a revision in the project scope,
schedule and fees (Contract Change Order). Bureau Veritas will immediately notify you of any
necessary change in project scope and fees, and obtain written confirmation of such changes.
All work will be conducted in accordance with this proposal and the attached Terms and
Conditions.
To accept this proposal, please sign below and return a copy to the undersigned. Bureau Veritas
would appreciate verbal authorization to proceed. If you have any questions, please contact the
undersigned at 305.788.6806.
Respectfully Submitted,
Bureau Veritas North America, Inc.
Robert Alan Speed B. Scott Johnston
Senior Project Manager Senior Project Manager
Attachments: Terms and Conditions
Bureau Veritas Proposal No.: 2609A0.016R
Proposal Accepted By:
Print Name:
Title:
Company:
Date: