HomeMy WebLinkAboutExhibit 1Geotechnical and Construction Material
Testing Services (RFQ No. 08-09-069)
ASSUMPTION AGREEMENT OF A PROFESSIONAL SERVICES AGREEMENT
This Assumption Agreement of the Professional Services Agreement ("PSA")
entered into as of the
day of ,2013, by and between the City of
Miami, a Florida municipal corporation whose principal address is 444 Southwest
2nd Avenue, Miami, Florida 33130 (hereinafter referred to as "City"), and Vertical
V-Southeast, Inc., a Delaware corporation (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, on February 11, 2011, pursuant to Request for Qualifications
No. 08-09-069, the City entered into a Professional Services Agreement ("PSA")
with Kaderabek Company ("KACO") for the provision of Geotechnical and
Construction Material Testing Services for Miscellaneous Projects; and
WHEREAS, KACO has been purchased by NV5 Holdings, Inc., through its
subsidiary, Vertical V-Southeast, Inc.; and
WHEREAS, the City has been notified that as part of the acquisition,
Vertical V-Southeast, Inc. ("Consultant") acquired the name rights of KACO and
has retained all existing professional staff and maintains the same level of
accreditation, licensing and insurance coverages; and
WHEREAS, as of the bill of sale date, the Consultant assumed all of the
rights, obligations and duties of KACO and is the successor in interest of KACO;
and
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Geotechnical and Construction Material
Testing Services (RFQ No. 08-09-069)
WHEREAS, Section 10, Article 10.03, "SUCCESSORS AND ASSIGNS",
of the PSA allows for the assumption of the PSA with the City's written consent,
acting by and through its City Commission; and
WHEREAS, Resolution No. , adopted on June 27, 2013 authorized
the acceptance of the assumption of the PSA with KACO by the Consultant;
NOW, THEREFORE, in consideration of the covenants and agreements
herein contains and for other good and valuable consideration, the receipt and
sufficiency whereof being hereby acknowledged and intending to be legally
bound, the parties hereto agree as follows:
1. INCORPORATION BY REFERENCE: The foregoing recitals are true
and correct and are hereby incorporated and made a part of this
Assumption of Agreement.
2. ASSIGNMENT: The City hereby agrees to accept the Consultant as
the Assignee of the PSA as of day of , 2013, the date of
execution by all the parties to this Assumption Agreement.
3. ASSUMPTION BY CONSULTANT ASSIGNEE: As of the Effective
Date, the Consultant, as Assignee of KACO, hereby knowingly and
voluntarily assumes, confirms, warrants and represents that it shall
perform, be bound by, adhere to, comply with and perform the terms,
covenants, and conditions and obligations under the referenced PSA,
as amended from time to time. This PSA is attached hereto as Exhibit
"A" and is made a part of this Assumption Agreement as if set forth in
full herein and represents the terms and conditions which are binding
upon the Consultant.
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Geotechnical and Construction Material
Testing Services (RFQ No. 08-09-069)
4. NOTICES: Notices to the Consultant shall be sufficiently delivered if
served in person, by facsimile with a confirmation receipt or by U.S.
mail to the following address:
Richard Tong, Esq., Executive Vice President & General Counsel
Vertical V-Southeast, Inc.
200 South Park Road, Suite 350
Hollywood, FL 33021
(954) 495-2114
5. COUNTERPARTS: This Assumption Agreement may be executed in
as many counterparts as may be deemed necessary and convenient,
and by the different parties hereto on separate counterparts, each of
which, when so executed, shall be deemed an original, but all such
counterparts shall constitute one and the same instrument.
6. GOVERNING LAW, VENUE, ATTORNEYS FEES: This Assumption
Agreement and the legal relations between the parties hereto shall be
governed by and construed and enforced in accordance with the laws
of the State of Florida, without reference to the conflict of law
provisions thereof. Venue in any legal proceedings between the parties
shall be in Miami -Dade County, Florida. Except as may be provided by
the PSA, the parties will bear their own respective attorney's fees.
7. TERMS AND CONDITIONS: The terms and conditions contained in
the PSA shall continue to govern the rights and obligations of the
parties and shall remain in full force and effect as stated therein and as
such are herby ratified and reaffirmed.
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Geotechnical and Construction Material
Testing Services (RFQ No. 08-09-069)
NOW, THEREFORE, IN WITNESS WHEREOF, the parties hereto have
caused this instrument to be executed by the respective officials thereunto
duly authorized, this day and year first written above.
"Consultant"
ATTEST: Vertical V-Southeast, Inc.,
a Delaware corporation
By: By:
Print Name:
Title:
Print Name:
Title: Authorized Corporate Officer
"City"
ATTEST: CITY OF MIAMI, a municipal
Corporation
By: By:
Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Julie O. Bru, City Attorney Calvin Ellis, Director
Risk Management Department
Composite Exhibit "A"- PSA between the City of Miami and KACO
Composite Exhibit "B"- Bill of Sale
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Geotechnical and Construction Material
Testing Services (RFQ No. 08-09-069)
Exhibit "A" - PSA
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'
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Service Category
Contract Type
Consultant
CITY OFMIAM|
DEPARTMENT OFCAPITAL IMPROVEMENTS
PROGRAM
PROFESSIONAL SERVICES AGREEMENT
GeotochOica|and Construction Material Testing Services
(RFQNo. O8-0G-OG9)
Miscellaneous Projects
KADERABEK COMPANY
TABLE DFCONTENTS
ARTICLE DEFINITIONS 4
ARTICLE 2GENERAL CONDITIONS 5
2.01 TERM »
%.V% SCOPE OFSERVICES 5
2.03 COMPENSATION 5
ARTICLE PERFORMANCE G
3.01 PERFORMANCE AND DELEGATION O
3.02 REMOVAL DFUNSATISFACTORY PERSONNEL O
3.03 CONSULTANT KEY STAFF O
3.04 TIME FOR PERFORMANCE O
ARTICLE SUBCONSULTANTS G
4.01 GENERAL 1 O
4.03 SUBCONSULTANTRELATONSH|PS O
4.03 CHANGES ToSUBCON8ULTANT8 7
ARTICLE DEFAULT 7
6.01 GENERAL T
5.02 CONDITIONS oFDEFAULT 7
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 7
ARTICLE TERMINATION OFAGREEMENT T
6.01 c|rfaRIGHT TOTERMINATE 7
8.02 CONSULTANT'S RIGHT TOTERMINATE D
$.03 TERMINATION DUE TOUNDISCLOSED LOBBYIST ORAGENT 8
ARTICLE DOCUMENTS AND RECORDS D
7.01 OWNERSHIP OFDOCUMENTS 8
7.02 DELIVERY UPON REQUEST ORCANCELLATION D
7.03 RE -USE BvCITY 8
7.04 NONDISCLOSURE O
7.06 MAINTENANCE OF RECORDS 9
ARTICLE /NOEK0N|P|8AT(DN.. g
ARTICLE INSURANCE 9
e.01 COMPANIES PROVIDING COVERAGE y
9.02 VERIFICATION opINSURANCE COVERAGE e
9,03 FORMS OFCOVERAGE S
9.04 MODIFICATIONS TO COVERAGE 10
ART|CLE1O MISCELLANEOUS 10
10.01 AUDIT RIGHTS 10
10.02 ENTIRE AGREEMENT 10
10.03 auccsaaORS AND ASSIGNS 10
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 11
10.05 APPLICABLE LAW AND VENUE OFLITIGATION 11
10.06 NOTICES 11
10.07 INTERPRETATION 11
10.08 JOINT PREPARATION 12
10.09 PRIORITY OF PROVISIONS 12
10.10 MEDIATION -WAIVER OFJURY TRIAL 12
10.11 TIME 12
10.12 COMPLIANCE WITH LAWS 12
10.13 NO PARTNERSHIP 13
10.14 DISCRETION -OF -DIRECTOR 1S
C|P Contract No. 0 9~ 3
TABLE OF CONTENTS (CONTINUED)
10.15 RESOLUTION OF CONTRACT DISPUTES: 13
10.18 INDEPENDENT CONTRACTOR. 13
ATTACHMENT A - SCOPE OF WORK 18
ARTICLE Al GENERAL 18
A1.01 SCOPE OF SERVICES 18
A1.02 REQUEST FOR PROPOSAL 18
ARTICLE A2 GEOTECHNICAL AND CONSTRUCTION TESTING 18
A2.01 DESCRIPTION OF THE WORK' 18
SCHEDULE A1, - SUB -CONSULTANTS 21
SCHEDULE A2. — KEY STAFF 21
SCHEDULE B1 — TASK RATE SUMMARY 22
CIP Contract No. Page 2
PSA (RFQ 08-09-069)
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Geotechnical and Construction Material Testing Services
Contract Type Miscellaneous Projects
Consultant KADERABEK COMPANY
Consultant Office Location
9565 NW 40 Street Road
Miami, FL 33178
City Authorization City Code 18-87 (RFQ 08-09-069)
This Agreement made this //lay of in the year 2011 ("Agreement") by
and between the City of Miami, Florida, hereinafter called the "City," and KADERABEK
COMPANY, hereinafter caned the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 08-09-069 on
August 24, 2009 for the provision of Geotechnical and Construction Material Testing Services
for Miscellaneous Projects ("Services") and Consultant's proposal ("Proposal"), in response
thereto, was selected as. one of the most qualified for the provision of said Services. The RFQ
and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents,
and are by this reference expressly incorporated into and made a part of this Agreement as if
set forth in full..
B. WHEREAS, the City, through action of the City Manager and/or the City
Commission, as applicable, has selected the Consultant in accordance with Section 287.055,
Florida Statutes, (Consultants' Competitive Negotiation Act), and the applicable provisions of
the City Procurement Ordinance, to provide the professional services as described herein.
WITNESSETH, that the City and the Consultant, for the considerations herein set forth,
agree as follows:
CIP Contract No. 9 3"T5"..Rk Page 3
PSA (RFQ 08-09-069)
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 Department of 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 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.
1.14 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 or Projects shall be further defined
in the Scope of Services and/or Work Order issued pursuant to this Agreement.
1.15 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.
CIP Contract No. Page 4
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
1.16 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.
1.17 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.
1.18 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.
1.19 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.
1.20 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.21 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 Project or phase of a Project.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM
The term of this Agreement shall be for two (2) years commencing on the effective date hereof. The City,
by action of the City Manager, shall have the option to extend the term for two (2) additional periods of
one (1) year each, subject to continued satisfactory performance as determined by the Director, and to
the availability and appropriation of funds. City Commission authorization of this Agreement includes
delegation of authority to the City Manager to administratively approve said extensions provided that the
compensation limits set forth in 2.03 are not exceeded.
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 generally be a lump sum or not
to exceed fee, 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 TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) 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. The City may, at its sole discretion use other compensation methodologies.
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.
CIP Contract No. Page 5
PSA (RFQ 08-09-069)
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 sub -contractors 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 Work 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 Work 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:
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 necessary for a 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.
CIP Contract No. Page 6
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
4.03 CHANGES TO SUBCONSULTANTS
The Consultant shall not add or modify 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 Work 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
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.
CIP Contract No. Page 7
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
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 the 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 there
from, 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) clays 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
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.
CIP Contract No. Page 8
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
• 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 at 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 Comprehensive General Liability and Automobile Liability
Coverage shall have minimum limits of $1,000,000 per Occurrence, Combined single Limit Bodily
Injury Liability and Property Damage Liability. General Aggregated Limit shall have a minimum limit of
$2,000,000. This shall include Premises and Operations, Independent Contractors, Products and
Completed Operations, Broad Form Property Damage, XCU Coverage, and Contractual Liability.
Automobile coverage including hired, borrowed or non -owned autos, limits of Liability, Bodily Injury,
Damage Liability for any one accident $1,000,000. The City of Miami shall be named an additional
insured on both of these coverages.
CIP Contract No, Page 9
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
9.03-2 PROFESSIONAL LIABILITY INSURANCE
The Consultant shall maintain Professional Liability Insurance including Errors and Omissions
coverage in the minimum amount of $1,000,000 per occurrence, combined single limits, 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.
9.03-3 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.
9.03-4 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
10.01 AUDIT 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.
CIP Contract No. Page 10
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
10.04 TRUTH -IN -NEGOTIATION CERTIFICATE
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 shah 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 Bravo, P.E., Director
City of Miami
Capital Improvements Program (CIP)
444 S.W. 2nd Avenue - 8th Floor
Miami, Florida 33130
With a copy to:
Albert Sosa, P,E., Assistant Director
City of Miami
Capital Improvements Program (CIP)
444 S.W. 2°d Avenue - 8th Floor
Miami, Florida 33130
For Consultant:
Barry R. Goldstein, P.E.,
Principal & Vice President
Kaderabek Company
9565 NW 40 Street Road
Miami, FI 33178
Phone: (305) 666-3563
Barry@Kaderabek.com
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.
CIP Contract No. Page 11
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
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 /orconstruction of the subject project(s), and/or following the completion of the projects(s), the
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.
10.12-1 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.
10.12-2 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.
10.12-3 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.
CIP Contract No. Page 12
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
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.
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 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 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 instruments)
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.
CIP Contract No. Page 13
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
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.
10.19 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.
CIP Contract No. Page 14
PSA (RFQ 08-09-069)
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written,
WITNESS/ATTEST:
Signature
41-
2.4' Fl •
Print Name, Title
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST:
Priscilla Thompson, ity C1= k
APPROVED AS TO INSURANCE
REQUIREMENTS:
Gary �Zestleefb;i'cy, Director
Risk Management Department
Consultant:
KADfaBEK COMPANY
Sig ature — —
/ ^SJ
Print Name, i itle of Authorized Officer or Official
(Corporate Seal)
CITY OF MIAMI, a municipal corporation of the
State of Florida
Tony E. Crapp, Jr., City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julie O. Bru, City Att riey
CIP Contract No. 9" 3 5-1 g.
PSA (RFQ 08-09-069)
Page 15
ATTACHMENT B— COMPENSATION
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
�I HEREBY CERTIFY that at a meeting of the Board of Directors of
A-DE4A-4 Cp,-10A-/L1 , a corporation organized and existing under
the laws of the State of k--2o '.d/} , held on the / "day of_JA-NLA-46/ , eo[?A{ a
resolut_ign was Auly passed and adopted authorizing (Name),A- ,P. �a s I,vJ as
(Title) i'ce— .e..i:6i of the corporation to execute agreements on behalf of the
corporation and providing that Ills/her execution hereof, attested by the secretary of the
corporation, shall be the official act and de d oft c rporation.
1 further certify that said resolution remai in full force and effect. 714
IN WITNESS WHEREOF, I hav- hereunto 'et my hand this6 , day of.,./A/Vu4,Ecf ,
20//.
Secretary:
Print: 71
AIDCZ/46 re,
CERTIFICATE OF AUTHORITY )
(IF PARTNERSHIP)
HEREBY CERTIFY that at a meeting of the Board of Directors of
a partnership organized and existi - under
the laws of - State of , held on the _day of , a
resolution was du • sassed and adopted authorizing (Name) as
(Title) of the partnership to execute agreemen - on behalf of the
partnership and provides 'at his/her execution thereof, attested by partner, shall be the
official act and deed of the pa -rship.
I further certify that said partnership ag =-meet remains in force and effect.
IN WITNESS WHEREOF, I have h- -unto set hand this day of
20
Partner:
Print:
Names and addresses of rtners:
Name
treet Address
City
State
Zip
CIP Contract No.
PSA (RFQ 08-09-069)
Page 16
executed and am bound
IN WITNESS WHER
Signed:
Pri
ATTACHMENT B — COMPENSATION
TIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Join • -ntures must submit a joint venture agreement indicating that the per signing
this bid is author] 2. to sign bid documents on behalf of the joint venture. If t - is no joint
venture agreement ea s ember of the joint venture must sign the bid submit the
appropriate Certificate of Au' , ity (corporate, partnership, or indiv. al).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, 1 (Name , individually and doing
business as (d/b/a) (If Applicable) have
estation is attached.
, 20_
b ` e terms of the Agreement to which thi
, I have hereunto set my hand this day of
NOTARIZATION
STATE OFL-t2,61.D )
) SS:
COUNTY OF /-1/ `-fl'- E
-The foregoing instrument was acknovy;edged before me this Tt day of
J . , 20 / y , by. `ZDM4-5 --• -✓3D C.2A-i C who is personally
known to rr(e 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
�`Pnr P� MARIA M. CRUZ
- e(. Notary Pubic - State of Florida
My Commission Expires Feb 27, 2012
s?c Commission # DD 763023
BondedThrough NationalNotaryAssn.
CIP Contract No.
PSA (RFQ 08-09-069)
Page 17
ATTACHMENT B - COMPENSATION
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Geotechnical and Construction Testing Services shall include, but are not limited to, Reports;
Studies; Soil Exploration; Geotechnical Exploration Testing; Roadway Materials Testing;
Foundations Studies; Construction Materials Sampling, Testing and Reporting; Pavement
Evaluation and Reporting and Coordination with the CITY, Miami -Dade County, and other private
and/or governmental agencies.
A1.01 SCOPE OF SERVICES
The Consultant agrees to provide comprehensive Professional Services in accordance with all
applicable law, building and environmental regulations, including the Florida Building Code and
the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further
enumerated in a Work Order. Consultant may be required to perform all or some of the services
presented in this Agreement, depending on the needs of the City for the Project. Consultant shall
furnish, as Basic Services, Comprehensive Geotechnical Professional Services for the Project.
A1.02 REQUEST FOR PROPOSAL
A1.02-1 PROCEDURES
When CIP has determined that a Project is to proceed, the Director or authorized designee will
request a written proposal for the Scope of Services provided to the Consultant.
Upon review of the proposal, the City will accept or reject the proposal. Once a proposal is
accepted, a purchase order will be issued.
This Agreement does not confer on the Consultant any particular, exclusive or special rights to
any work required by the City. Outside of this Agreement, the Consultant may submit proposals
and/or qualifications for any professional services which the Consultant is qualified to perform in
response to any public solicitation issued by City.
ARTICLE A2 GEOTECHNICAL AND CONSTRUCTION TESTING
WORK in this category may include any or all of the services described below.
A2.01 DESCRIPTION OF THE WORK
The CONSULTANT shall, for each project, be responsible for a complete geotechnical
investigation. All work performed by the CONSULTANT shall be in accordance with CITY
standards, or as otherwise directed by the Project Manager. The Project Manager will make
interpretations and changes regarding geotechnical standards, policies and procedures and
provide guidance to the CONSULTANT.
Prior to beginning each phase of investigation and after the Notice to Proceed is given, the
CONSULTANT shall submit investigation plan for approval and meet with the PROJECT
MANAGER or representative to review the project scope and CITY requirements. The
investigation plan shall include, but not be limited to, the proposed boring locations and depths,
and all existing geotechnical information from available sources to generally describe the surface
and subsurface conditions of the project site. Additional meetings may be required to plan any
additional field efforts, review plans, resolve plans/report comments, resolve responses to
comments, and/or any other meetings necessary to facilitate the project.
The CONSULTANT shall notify the CITY a minimum of two business days prior to all related
meetings and field activities in order to facilitate scheduling attendance of a City representative.
A2.01-1(A) DOCUMENT COLLECTION AND REVIEW
CONSULTANT will review printed literature including topographic maps, county agricultural
maps, aerial photography (including historic photos), ground water resources, geology
CIP Contract No. Page 18
PSA (RFQ 08-09-069)
ATTACHMENT B - COMPENSATION
bulletins, potentiometric maps, pile driving records, historic construction records and other
geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review
U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and
groundwater conditions.
A2.01-1(B) ROADWAY
The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork
activities. The CONSULTANT shall retain at samples until acceptance of plans. Rock cores
shall be retained as directed in writing by the PROJECT MANAGER.
Obtain pavement cores as directed in writing by the PROJECT MANAGER.
If required by the PROJECT MANAGER, a preliminary roadway exploration shall be
performed before the Initial Engineering Phase plans submittal. The preliminary roadway
exploration will be performed and results provided to the Engineer of Record to assist in
setting roadway grades and locating potential problem areas. The preliminary roadway
exploration shall be performed as directed in writing by the PROJECT MANAGER.
CONSULTANT shall perform specialized field-testing as required by project needs and as
directed in writing by the PROJECT MANAGER. All laboratory testing and classification will
be performed in accordance with applicable CITY standards, ASTM Standards or AASHTO
Standards, unless otherwise specified in the Contract Documents.
A2.01-1(C) DETAILED BORING LOCATION PLAN:
Develop a detailed boring location plan. Meet with CITY Geotechnical Project Manager for
boring plan approval. If the drilling program expects to encounter artesian conditions, the
CONSULTANT shall submit a methodology(s) for plugging the borehole to the CITY for
approval prior to commencing with the boring program.
A2.01-1(d) STAKE BORINGS/UTILITY CLEARANCE: Stake borings and obtain utility clearance
A2.01-1(e) MOT PLANS FOR FIELD INVESTIGATION: Coordinate and develop Maintenance of Traffic
(MOT) plan. All work zone traffic control will be performed in accordance with the CITY's
Roadway and Traffic Design Standards Index 600 series.
A2.01-1(f) DRILLING ACCESS PERMITS: Obtain all State, County, City, and Water Management
District permits for performing geotechnical borings, as needed.
A2.01-1(g) PROPERTY CLEARANCES: Notify property tenants in person of drilling and field activities, if
applicable. Written notification to property owners/tenants is the responsibility of the CITY's
Project Manager.
A2.01-1(h) GROUNDWATER MONITORING: Monitor groundwater, using piezometers.
A2.01-1(i) LBR SAMPLING: Collect appropriate samples for Limerock Bearing Ratio (LBR) testing.
A2.01-1()) COORDINATION OF FIELD WORK: Coordinate all field work required to provide
geotechnical data for the project
A2.01-1(k) SOIL AND ROCK CLASSIFICATION — ROADWAY: Refine soil profiles recorded in the
field, based on results of laboratory testing.
A2.01-1(I) DESIGN LBR: Determine design LBR values from the 90% and mean methods.
A2.01-1(m) LABORATORY DATA: Tabulate laboratory test results for inclusion in the geolechnical
report, the report of test(s) sheet(s), Roadway Soil Survey Sheet(s), and for any necessary
calculations and analyses.
A2.01-1(n) SEASONAL HIGH WATER TABLE: Review the encountered ground water levels and
estimate seasonal high ground water levels. Estimate seasonal low ground water levels, if
requested.
A2.01-1(o) PARAMETERS FOR WATER RETENTION AREAS: Calculate parameters for water
retention areas, ex -filtration trenches, and/or swales.
CIP Contract No. Page 19
PSA (RFQ 08-09-069)
ATTACHMENT B — COMPENSATION
A2.01-1(p) LIMITS OF UNSUITABLE MATERIAL: Delineate limits of unsuitable material(s) in both
horizontal and vertical directions. Assist the Engineer of Record with detailing these limits on
the cross -sections. If requested, prepare a plan view of the limits of unsuitable material.
A2.01-1(q) ASCII FILES FOR CROSS -SECTIONS: Create ASCII•files of boring data for cross -sections.
A2.01-1(r) EMBANKMENT SETTLEMENT AND STABILITY: Estimate the total magnitude and time
rate of embankment settlements. Calculate the factor of safety against slope stability failure.
A2.01.1(s) STORMWATER VOLUME RECOVERY AND/OR BACKGROUND): Perform stormwater
volume recovery analysis as directed by the CITY.
A2.01.1(t) GEOTECHNICAL RECOMMENDATIONS: Provide geotechnical recommendations regarding
the proposed roadway construction project including the following: description of the
site/alignment, design recommendations and •discussion of any special considerations (i.e.
removalof unsuitable material, consolidation of weak soils, estimated settlement
time/amount, groundwater control, high groundwater conditions relative to pavement base,
etc.) Evaluate and recommend types of geosynthetics and properties for various applications,
as required.
A2.01-1(u) PRELIMINARY ROADWAY REPORT AND PAVEMENT EVALUATION REPORT: If a
preliminary roadway investigation is performed, a preliminary roadway report shall be
submitted before the Initial Engineering Phase plans submittal. The purpose of the
preliminary roadway report will be to assist in setting road grades and locating potential
problems.
• Copies of U,S.G.S. and S.C.S. maps with project limits shown.
■ A report of tests sheet that summarizes the laboratory test results, the soil stratification
(Le. soils grouped into layers of similar materials) and construction recommendations
relative to Standard Indices 500 and 505.
• Results of all tasks discussed in the previous section,
■ An appendix that contains stratified soil boring profiles, laboratory test data sheets,
sample embankment settlement and stability calculations, design LBR calculation/graphs,
and other pertinent calculations.
• The CONSULTANT will respond in writing to any changes and/or comments from the
CITY and submit any responses and revised reports.
If a pavement evaluation is performed, the evaluation and report submittal shall be in
accordance with Section 3.4 of the Materials Manual: Pavement Coring and Evaluation.
A2.01-1(v) FINAL REPORT: The Final Roadway Report shall include the following:
• Copies of U,S.G.S. and S,C.S, maps with project limits shown.
• A report of tests sheet that summarizes the laboratory test results, the soil stratification
(i.e. soils grouped into layers of similar materials) and construction recommendations
relative to Standard Indices 500 and 505.
• Results of all tasks discussed in the previous section.
▪ An appendix that contains stratified soil boring profiles, laboratory test data sheets,
sample embankment settlement and stability calculations, design LBR calculation/graphs,
and other pertinent calculations.
The CONSULTANT will respond in writing to any changes and/or comments from the
CITY and submit any responses and revised reports.
A2.01-1(w) AUGER BORING DRAFTING: Draft auger borings as directed by the CITY.
A2.01-1(x) SPT BORING DRAFTING: Draft SPT borings as directed by the CITY.
CIP Contract No, Page 20
PSA (RFQ 08-09-069)
ATTACHMENT B - COMPENSATION
SCHEDULE Al. - SUB -CONSULTANTS
FIRM NAME
CONSULTING FIELD
NOT APPLICABLE
SCHEDULE A2. - KEY STAFF
NAME
JOB CLASSIFICATION
NOT APPLICABLE
CIP Contract No.
PSA (RFQ 08-09-069)
Page 21
ATTACHMENT B - COMPENSATION
ATTACHMENT B - COMPENSATION
SCHEDULE B1 - TASK RATE SUMMARY
CIP Contract No. Pages 22
PSA (RFQ 08-09-069)
ATTACHMENT B - COMPENSATION SCHEDULE B1
TASK SUMMARY
1. GEOTECHNICAL SERVICES (9.01)
Mobilization of Truck -Mounted Drill Rig. [If Site is NOT Accessible and Special / Additional
A. Equipment is Required to Reach the Penetration Point(s), additional fees may be charged
Upon Approval of the City Project Manager]
RATES
$350.00
UNIT
Upto4
Percolations
per Day or
Up to 100 Ft. of
Borings.
B. Borings Standard Penetration perASTM D-1566:
With Casing:
Penetration Depth 0' to 50'
$19.00
Per Foot
Penetration Depth 51' to 75'
$22.00
Per Foot
Penetration Depth 76' to 100'
$26.00
Per Foot
Penetration Depth 101' to 150'
$33.00
Per Foot
Without Casing:
Penetration Depth 0' to 50'
$14.00
Per Foot
Penetration Depth 51' to 75'
$17.00
Per Foot
Penetration Depth 76' to 100'
$21.00
Per Foot
Penetration Depth 101' to 150'
$26.00
Per Foot
C. Aucer Borings ner ASTM D-1452 Penetration Depth:
Penetration Depth 0' to 50'
$12.00
Per Foot
Penetration Depth 51'to 75'
$16.00
Per Foot
Penetration Depth 76' to 100'
$18.00
Per Foot
Penetration Depth 101' to 150'
$ 22.00
Per Foot
D. Rock Coring perASTM D-2113 (Max. NX Size):
E.
Penetration Depth 0' to 50'
$30,00
Per Foot
Penetration Depth 51' to 75'
$36.00
Per Foot
Penetration Depth 76'to 100'
$42.00
Per Foot
Penetration Depth 101' to 150'
$50.00
Per Foot
Standard Penetration Test (Includes Mobilization and Soil Boring Log) (Portable
Equipment)
Standard Penetration Test (Water Boring) (Equipment Excluded, Barge Cost to be
1E.1 Negotiated -by -User -Department -Permit -Reimbursable -upon -Proof -of -Payment.)
$21,00
Per Foot
$45.00
Per Foot
9 - 3/745k,�
Page 1 of 15
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
2. MONIT
A.
B.
C.
D.
E.
RATES
$96.00
. UNIT
Per Sample
Undisturbed Sampling per ASTM D-15
Slug Percolation Test-USGS / PWD 9" Dia. Hole (DERM) (Min. 2 per Job)
$374.00
Per Test
Double Ring Infiltration Test per ASTM D-3385 (Swale or Grassy Areas) (Min. 2 Tests)
$432.00
Per Test
Percolation Tests
11.1 Fla. Dept. of Health and Rehabilitative Services, Chapter 100-6.57 (Mn,i2 Tests
per Job)
$325.00
Per Test
11.2 . DCPW Highway Division (Min. 12". Dia.) (Min. 2 Tests per Job)
$470.00
Per Test
11.3 Open Hole Method (Min. 6" Dia.)(Min. 2 Tests)
$467.00
Per Test
Closing Holes with Grout /Approved Method(s) to Safe proof Site. [Safe proof to be
Accomplished Before Laboratory Leaves the Site(s)3
$8.00
Per Lineal Foot
Trench Test per So. Fla. Water Management District. (Excludes Equipment and Operator)
(Provide Equipment Rental Invoice for Direct Cost Reimbursement).
$460.00
Per Test
Soil Cement Stabilization Field Inspection
$52.00
Per Hour
1 L.1 Soil Cement Cylinder Testing
$56.00
Per Hour
Water Quality Monitoring
$75,00
Per Sample
Geotechnical Engineering Evaluation and Report of Existing Soil with Respect to Allowable
Bearing Capacity.
$120.00
Per Hour
Geotechnical Engineer Pile Capacity Analysis
$120.00
Per Hour
Muck Probes
$78.00
Per Hour
ORING WELLS (Includes Drilling) (9.01)
$326.00
Up to 2 Wells per
Day
Mobilization of Truck -Mounted Drill Rig. (Same Conditions Apply as referenced for
Geotechnical Services, Item 1.A, Page 1 of the Fee Schedule)
Monitoring Well Installation (2" PVC, Max. 20' Depth)* (Min. 2 Wells)**
$619.00
Per Well
Monitoring Well Abandonment (2" PVC, Max. 20' Depth)* (Min. 2 Wells)**
$258.00
Per Well
Monitoring Well Abandonment (4" PVC, Max. 20' Depth)* (Min. 2 Wells)**
$330.00
Per Well
Monitoring Well (4" PVC, Max. 20' Depth)* (Min, 2 Wells)**
$800.00
Per Well
Page 2of15
RATES
$70.00
UNIT
Per Foot
F. Monitoring Well Installation (2" PVC, Greater than 20' up to 100' )* (Min. 2 Wells)**
* Excludes Permit.
** Due to Security Constraints Rates Negotiable for Aviation, Seaport and MDT.
G. Repair of Monitoring Wells Unit Rates
$909.00
Per Unit
H. Water Quality Monitoring (Does Not Include Analytical Tests) (Per Well)
$239.00
Per Well
1. Direct Push Well Installation (20 Feet Max.)
$711.00
Per Well
J. Direct Push Soil / Groundwater Sampling
$1,421.00
Per Day
Boat Rental (Min. 8 Hour Day) With Prior Approval by the Issuing Department (Furnish Copy
K. of Ownership or Copy of Rental Invoice).
$431.00
Per Day
RE -STRESS I PRE -CAST (9.02)
$52.00
Per Hour
:Includes Travel, Mileage, Delivery and Certified Reports).
Pre -Stress / Pre -Cast Fabrication Inspection per PCI MNL-116 (Structural) or MNL-117
A
(Architectural) (Bridge and Building Units / Ready Mix Plants Inspections) ( Min. 4 Hrs.)
B. Pre -Stress (Inspection and Certified Report Included) (Stressing Operation and Inspection)
per PCI MNL-116 (Min.4 Hrs,)
$55.00
Per Hour
C. Reinforced Concrete Pipe and Pre -Fabricated Manhole Inspection (Types, Sizes, and
Design) (Includes Inspection and Certified Report) (Min. 4 Hrs.)
$52.00
Per Hour
D. Absorption Test of Pre -Cast Units per ASTM C-497.
$49.00
Per Core
E. Three Edge Bearing Test per ASTM C-497.
$61,00
Per Hour
F. Hydrostatic Testing per ASTM C-497.
$65.00
Per Hour
G Testing Concrete Cylinder per ASTM C-497. (Same Conditions Apply as Shown on 3A.1)
(Does NOT Include Technician or Pick -Up),
$34.00
Per Cylinder
If Additional Hours are Required Must have Approval from Issuing Department.
PILING (9.02)
$56.00
Per Hour
A. Pile Driving/Auger Cast Pile Inspection (Includes Certified LoglReport (4 Hrs. Min.)
4A.1 Splice of Piles as an Addition (per Occurrence) (with Prior Approval from Engineer)
(Witness Splice).
$67.00
Per Hour
B. Vibro-Flotation Inspection (4 Hrs. Min.)
• $52.00
Per Hour
Page 3 015
C.
5. SOILS
(Include
A.
B.
C.
D.
E.
Pile Load Test -Test Frame and Load Set-up Witnessed by Certified Inspector per ASTM D•
1143 (Equipment/ Loads Furnished by Contractor)
RATES
$64,DD
UNIT
Per Hour
4C.1 Furnishing and Set-up of Calibrated Gauges.
$103.00
Per Gauge
4C.2 Monitoring of Pile Load Test, Collect Field Data, and Inspector Time.
$64.00
Per Hour
4C.3 Pile Load Test Report, Certify and Prepare Report for Load Capacity of Pile.
(Engineer's Time).
$120.00
Per Hour
(9.02)
s Travel, Mileage, Delivery and Certified Report)
Field Density Tests - (Technican and Equipment)
5A.1 Sand Cone Method per AASHTO T-19 and ASTM D-1556 (2 Tests Min.)
$81.00
.
Per Test
Nuclear Method per AASHTO T-238 & ASTM D-2922, (Moisture per AASHTO T-
239 & ASTM D-3017) (Min. 4 Tests):
5A.2 Per Test (From 1 thru 4 Tests), Per Trip
$45.00 Per Test
Per Test (From 5 thru 10 Tests), Per Trip
$31.00
Per Test
Per Test (From 11or More Tests), Per Trip
$27.00
Per Test
5A.3 Maximum / Minimum Relative Density Tests per ASTM D-4253 and 4254 (Field
and Laboratory)
$156.00
Per Test
Moisture Density Tests (Proctor)•
5B 1 Standard per AASHTO T-99 and ASTM D-698 (Non -Traffic Areas)(Min. 2 Tests per
Trip)
$118.00
Per Test.
5B.2 Modified per AASHTO T-180 and ASTM-1577 (Building / Highway Projects) (Min. 2
Tests per Trip)
$136.00
Per Test
Limerock Bearing Ratio (LBR) - FDOT
$324.00
Per Test
Carbonates on LBR Material (2 Tests per Trip)
$66.00
Per Test
Laboratory California Bearing Ratio (CBR) per ASTM D-1883 (One Point)
$246.00
Per Test
5E.1 Lab Proctor Test
$125.00
Per Test
5E.2 Three (3) Point CBR
$319.00
Per Test
Page 4 of 15
F.
G.
H.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
T.
U.
V.
Field California Bearing Ratio per Asphalt Institute MS-10 (Latest Version) (Reaction Load
by Others) (2 Tests Min.)
RATES
$390.00
UNIT
Per Test
Moisture Content
$36.00
Per Test
Organic Content
5H.1 Limerock per AASHTO T-267 (by Incineration)
$45.00
Per Test
5H.2 Test of Soil Chemical Analysis [(1972) P.R. Hesse P. 211] (by Peroxide)
$63.00
Per Test
Grain Size perAASHTO T-27 (Sieve Analysis Only)
$58.00
Per Test
Mechanical Analysis perASTM D-422 orT-11 and T-27
$60.00
Per Test
Soil Classification perASTM D-3282 and D-2487 (AASHTO-Unified-FAA)
$92.00
Per Test
Los Angeles Abrasion on Rip -Rap per ASTM C-535 (Large Size Coarse Aggregate)
$229,00
Per Test
Soundness on Rip -Rap perASTM C-88 (5 Cycle Sodium Sulphate)
$268.00
Per Test
Soil Specific Gravity perASTM D-854
$56.00
Per Test
Material Finer than 200 Sieve per ASTM C-117
$40.00
Per Test
Liquid Limit perASTM D-4318 (Atterberg Limits)
$58.00
Per Test
Salt Content per FDOT FM 5.515
$55.00
Per Test
Limerock Base Thickness Determination - Minimum 3" Diameter Holes FAAP- 211 (Min. 2
Tests) (Excludes Mobilization and Transportation)
$71.00
Per Test
Unlimited Tests
$646.00
Per Day
Limerock Chemical Analysis per DCPW, FDOT (2 Tests Min.)
$81.00
Per Test
Limerock Chemical Analysis per DCAD FAAP-211 (2 Tests Min.)
Resistivity Test in Accordance with California Method 643-7 with Break- down for Test,
Sampling, PH Measurement of Water and Soil, etc.
$81.00
$132.00
Per Test
Per Test
Sediments Tests
$68.00
Per Test
Page 5ef15
W. Soil Load Bearing Test (Plate Load) (Reaction Load by Others)
5W.1 Static Load on Foctings per ASTM D-1194
5W.2 Repetitive Static Load for Pavement per ASTM D-1195
5W.3 Non -Repetitive Static Load for Pavement per ASTM D-1196
RATES
X. Soil Relative Density Tests (Vibro-Flotation / In -Situ Verification)
5X.1 CPT Cone Penetration Test Soundings
Y. Horticultural Service for PH Value of Soil.
Z. Horticultural Service for Soluble Salts in Soil
AA. Horticultural Service for Macro Nutrients in Soil
AB. Backfill Monitoring (4 Hrs. Min.)
AC. Geotechnical Engineer(Min. 2 Hours)
UNIT
n/a Per Test
$518.00 Per Test
Per Test
Per Foot
$40.00
$40.00
$75.00
$120.00
$518.00
$12.00
$40,00
Per Test
Per Test
• Per Test
Per Hour
Per Hour
6. ASPHALT CONCRETE (9.03)
(Includes Travel, Mileage, Delivery and Certified Report.)
A Asphalt Paving Design Mix Marshall Method (Includes Sampling, Standard Design and
Applicable Marshall Procedures) per Asphalt Institute Manual Series No. 2
$718,00
Per Mix
B. Analysis of Special Design Mix.
$605.00
Per Mix
C. Marshall Properties (FDOT Procedures) (Aviation P- 401 / P- 405). (Technician plus tests.)
6C. 1 Stability per ASTM D-1559 orAASHTO D-T 245 (Set of 3 Specimen).
6C. 2 Flow per ASTM -1559 or AASHTO D-T 245 (Set of 3 Specimen).
6C, 3 Density per ASTM D-2726 (Set of 3 Specimen).
GC. 4 Air Voids per ASTM- 3203 (Set of 3 Specimen).
6C. 5 Maximum Density per ASTM D-2041.
6C. 6 Particle Coating per ASTM D-2489.
$111.00
Per Set
$101.00
Per Set
$105.00
Per Set
$101.00
Per Set
$67.00
Per Set
$117.00
Per Sample
Page 6 of 15
D.
F.
G.
H.
J.
6C.7 Sampling/Prep, Per ASTM D-1559 / D-2726.
RATES
$70.00
. UNIT
Per Sample
6C. 8 Bulk Specific Gravity of Drilled Core per ASTM D-2726.
$49.00
Per Core
6C. 9 Moisture Content - Drying per ASTM C-566.
$50.00
Per Sample
6C.10 Moisture Content - Distillation per ASTM D-1461.
$118.00
Per Sample
60.11 Asphaltic Specific Gravity /Absorption of Aggregate Blends.
$91.00er
Aggregate Sarno
6C.12 Sampling Hot Mix at Manufacturer Per ASTM D-979.
$55.00
Per Hour
6C.13 Effect of Water on Hot Mix per ASTM D-1075 (Set of 6 Samples).
$117.00
Per Set
6C.14 Washed Sieve Analysis.
$60.00
Per Sample
6C.15 AASHTO T-182.
$125.00
Per Sample
6C.16 Fat / Elongated Pieces per ASTM D-4791,
$127.00
Per Sample
6C.17 Effect of Moisture On Hot Mix per ASTM D-4867 (Set of 6 Samples).
$282.00
Per Set
6C.18 Sand Equivalent per ASTM D-2419
$90.00
Per Sample
6C.19 Effect of Water on Cohesion per ASTM D-1075 / Modified.
$177.00
Per Sample
Extraction/Gradation Analysis per ASTM D-6307.
$135,00
Per Test
Asphalt Plant Technician Using FDOT Approved Plant, Laboratory and Procedures for
Extraction, Gradations, Marshall Tests and Temperature Checks (ASTM D-290.85) (Per
Person. Min. 4 Hrs.)
$61.00
Per Hour
Paving Technician for On -Site Paving Operations, Inspections per FDOT Procedures
(Temperature, Density Testing and Observation) (4 Hr. Min.)
$52.00
Per Hour
Asphalt Densities (Nuclear -Back Scatter Method) (Min. 4 Tests).
$27.00
Per Test
Asphalt Core Drilling for Thickness Measurements (Includes Asphalt Patching) (Min. 6
Cores per Call-0ut).
$52.00
Per Core
Asphalt Cores Laboratory Tests for Measurements per ASTM D-3549 and Weight per Cubic
Foot, per ASTM D-2726. (Min. 4 Cores)
$41.00
Per Core
Gyratory Compaction (Bulk Specific Gravity)
$105.00
Per Sample
Page 7 of 15
8. CONCRETE TESTING (9.03)
(Inclusive of Travel, Mileage, Delivery and Certified Report)
A. Cylinders - Cast and Tested by Laboratory.
Standard 6"x12" or 4"x 8" Cylinder. (Concrete Temperature Test and Slump Test)
8A.1 (Per ASTM C-31 "Section 7" Lab. Strength Tests per C-39 using C-617 or C-1231)
(Max. 5 Cylinders Per Set).
RATES
$100.00
UNIT
Per Set
8A.2
Lightweicht 3"x 6" Cylinder includes Concrete Per ASTM C-495 (Max 5 Cylinders
Per Set).
$100,00
Per Set
BA.3 Air Entrainment per ASTM C31(used Concurrently with Concrete Set Testing).
$27.00
Per Set
8A.4 Cylinder Pick -Up.
$30.00
Per Hour
B. Securing Structural or Pavement Cores per ASTM C-42( 6"Max. Dia,) (3 Cores Min.)
88.1 8" Deep
813.2 14" Deep
8B.3 12" Deep x 12" Diameter
$109.00
Per Core
$135,00
Per Core
$135,00
Per Core
C. Cores Trim and Compression Test per ASTM C-42.
$27.00
Per Test
D. Concrete Masonry Units per ASTM C-140 & C-551- Block/Brick per ASTM-140.
811 1 Concrete Brick per ASTM C-551. (Min. 2 Bricks)
8D.1A Compression
$40.00
Per Brick
8D.1B Absorption
$56,00
Per Brick
8D.1 C Dimension
$38.00
Per Brick
8D.1D Appearance
$37.00
Per Brick
8D. 2 Block, Manhole
8D. 3 Block, Concrete Compression per ASTM C-140 • Individual Units.
8D. 4 Block, Concrete Absorption per ASTM C-140 Individual Units.
$49.00
Per Test
$40.00
Per Test
$58.00
Per Test
8D, 5 Moisture Content of Concrete Block per ASTM C-140.
$52.00
Per Block
Page 8 of 15
8D. 6
Block Series, Dimensions, Compression, Absorption, Moisture Content and Unit
Weight (Density) per ASTM C-140.
8D. 7 (Cast by Others).
BD, 8 Masonry Prisms per ASTM C-1314 (Fabricated by Contractor) (Unfilled).
8D. 9 Sampling and Pick -Up (Casting Not Included).
8D.10 Concrete Block Unit Weight per ASTM C-140.
BD.11 Grout Cube Compression Test per ASTM C-1014 (Cast by Others).
8D.12 Technician to Cast Mortar or Grout Cubes in Laboratory or On -Site (Incl. Slump
& Temp. Tests) per ASTM C-1019
8D.13 On -Site Masonry inspector per ACI-530.1 (Min. 4 Hrs.)
Mortar Cubes 2"x 2"x 2" Compression Test per ASTM C-109 (Min. 3 per Test)
E, Concrete Beams
8E.1
Tension Test per ASTM C-496 (Splitting Tension Test for Cylindrical Specimen, not
Beams).
8E.2
Flexural Test per ASTM C-78 (ASTM C-31, C-78) Cast perASTM C-36, (2 Beams
• Required per Test).
F. Air Content per ASTM C-173 or ASTM C-231.
G. Concrete Densities (Unit Weight) & Yield Test per ASTM C-138.
H Design Mix per ACI-211 Standard Aggregate (Materials Furnished by Supplier) (Laboratory
Sampling Included) (1 Trial Batch and 6 Cylinder Tests) (First of Any Series).
(Additional Design Mixes in Series)
8H.1 Design Mix Materials Testing.
8H.la Gradation.
8H.lb Fine Aggregate Gravity and Absorption C-127.
8H.1c Coarse Aggregates Specific Gravity and Absorption C-128.
8H:1d LA Abrasion C-88.
RATES UNIT
$155.00 Per Block
Per Cube
$120.00
$55.00
$55.00
$17.00
$50,00
$50.00
$45.00
$100.00
$29.00
$26.00
$487.00
8369,00
Page 9 of 15
$29.00
$69.00
$78.00
$ 87.00
$199.00
Per Prism
Per Unit
Per Block
Per Cube
Per Hour
Per Hour
Per Test
Per Beam
Per Test
Per Test
Per Mix
Per Mix
Per Test
Per Test
Per Test
Per Test
J.
K.
L.
M.
0,
P.
Q.
R.
S.
T.
U.
V.
W.
On -Site Inspection per ACI.304 and AC!-311.5R (Per Site Visit as Approved by the Engineer)
(4 Hrs. Min.)
RATES
$56.00
UNIT
Per Hour
Concrete Plant Inspection per ACI-311.5 (Mix and Weight Verification) (4 Hrs. Min.)
$56.00
Per Hour
Windsor Probe Test per ASTM C•803 (Penetration Resistance to Determine Uniformity) with
Equipment Charge (Windsor Gun) (Per Trip Per Location)
$247.00
Per Trip
ASTM C-803 (Set of 3 Probes per Test)
$94.00
Per Test
Concrete Rebound Hammer Test per ASTM C-805 (Use of Spring Driven Steel Hammer to
Determine Uniformity of In -Place Concrete) (4 Hrs. Min.)
S63.00
Per Hour
Pullout per ASTM C-900 (Includes Pin installation),
$324.00
Per Test
Thickness of Concrete per ASTM C-1383.
$63.00
Per Hour
Corrosion Activity per ASTM C-876
$82.00
Per Hour
Chloride Content.
8Q.1 Per ASTM C-1152
$112.00
Per Test
8Q,2 Per ASTM C-1218
$119,00
Per Test
Pachometer (Magnometer) Readings for Reber Location, Approximate Size and Spacing (4
Hrs, Min.)
$58.00
Per Hour
Los Angeles Abrasion per ASTM C-131 (Small Size Coarse Aggregate).
$194.00
Per Test
Sieve Analysis per ASTM • 135.
$90.00
Per Test
Absorption Fine Aggregate per ASTM C-128, Coarse Aggregate per ASTM C -127.
$58.00
Per Test
Specific Gravity Fine Aggregate per ASTM C-128, Coarse Aggregate per
ASTM C-127.
$56.00
Per Test
Weight per Cubic Feet per ASTM C-29.
$49.00
Per Test
Page IDof15
STEEL (9,04)
RATES
$68.00
. UNIT
Per Hour
(Use - AWA, AMS, AWS, ASME, API, as Applicable
A. Shop / Field Weld Inspection per ASTM D•5339 (4 Hrs. Min.)
B, AWS, AWA, ASME Welder Tests • Groove or Fillet
Plate
Per Position
$215.00
Pipe
$225.00
Per Position
C. Reinforcing Steel Tensile Test
$131.00
Per Test
D. Reinforcing Steel Deformation Test
$48.00
Per Test
E. Reinforcing Bar Placement Inspection
$80.00
Per Hour
F. Chemical Laboratory Test
Welding Inspection and Dye Penetrant Weld Testing
Per Hour
$81.00
G. Radiograph Weld Inspection (Min. 4 Tests)
$125.00
Per Test
H Enaineerinq Services
Per Hour
9H.1 Special Inspector for Threshold Buildings (State Certified) (2 Hrs. Min.)
$120.00
9H.2 Special Inspector Designee (2 Hrs. Min.)
$75.00
Per Hour
9H.3 Special Inspector under the Florida Building Code (2 Hrs. Min.)
$85.00
Per Hour
VIECHANICAL (9.04)
$98.00
Per Hour
A. Sound Surveys (Includes Travel Time)
B. Lighting Surveys (Includes Travel Time)
$98,00
Per Hour
Page 11 of 15
11. FIRE PROOFING (9.04)
A. Inspection of Sprayed -On Fireproof Coating on Structural Steel.
11A.1 4 Hours Minimum
11A.2 Laboratory Unit Weight Test of Fireproofing Coating per ASTM E-605
11A.3 Field Adhesion / Cohesiori Tests per ASTM E-736
RATES, UNIT
$65.00 Per Hour
$45.00
Per Test
$45.00
Per Test
* If Additional Hours are Required Must Have Approval from Issuing Department
12. STRAIN MEASUREMENTS (SR4 INDICATOR1 (9,04)
A. Technician Services to Install Gauges/Make Strain Reading (4 Hr. Min.)
$66.00
Per Hour
13. ULTRASONIC INSPECTIONS (9.04)
A. Services of an Ultrasonic Technician and Equipment (8 Hours Min.)
$75.00
Per Hour
B. Assistant Technician (8 Hours Min.)
$52.00
Per Hour
14. STRUCTURAL STEEL (9,04)
A. Welding Inspector Per AWS Code (4 Hrs, Min.)
$85.00
Per Hour
B. Structural Steel Shop or Field Inspector (4 Hrs. Min.)
$55.00
Per Hour
C. Bolt Tightening Inspection by Using:
14C.1 Torque Wrench
14C.2 Reg. Wrench
14C.3 Filler Gauge
$67,00
Per Hour
$66.00
Per Hour
$65.00
Per Hour
D. Structural Steel Testing / Inspection (4 Hrs. Min.)
$81.00
Per Hour
15. WELDING (9.04)
A. AWS Certified Welding Inspector (2 Hrs. Min.) (Per Inspection)
$69,00
Per Hour
B. AWS Certified Welding Inspector 1 1 Hr. PADI Certified (Min. 2 Inspectors per Inspection.)
$120.00
Per Hour
Page 12 of 15
MAGNETIC PARTICLE TESTING (MAGNAFLUX), (9.04)
RATES
$66.00
UNIT
Per Hour
A. Services of a Non- Destructive Technician
B. MagnafluxTesting
$69.00
Per Test
ROOFING (9.05)
$53.00
Per Test
(Alf Tests Performed Shall be in Accordance with Current Edition of the Florida Building Code at Time the
Work is Issued, further, Laboratory Shall be part of the Current Listing of Certified Laboratories for Miami -
Dade County Building Department.)
A Built -Up Roof Sample Analysis (Test Method for Moisture in Mineral Aggregate used for
Bullt•Up Roofs) (ASTM D-1864)
B. ASTM 3617
$302,00
Per Test
C. Compression Test- Roof Tiles
$58.00
Per Hour
D. Absorption Test • Roof Tiles (Per Set of 5)
$232,00
Per Set
E. Up -lift Test of Roof Tiles (Per Set of 5)
$280,00
Per Set
F. Core Samples (per Architect l Engineer's Recommendations)
$73.00
. Per Sample
G.. Visual inspections
Per Job Min.
Per Job Min.
$710.00
Per Square Foot
$0,16
Per Sq. Ft.
H. Infrared Moisture Survey (Mobilization of Equipment)
Per Job Min.
Per Job Min.
$790.00
Per Square Feet
$0,26
Per Sq. Ft.
I. Asbestos Testing
$55,00
Per Sample
J. Nuclear Moisture Testing
Per Job Min.
Per Job. Min
$750.00
Per Square Feet
$0.21
Per Sq. Ft.
Page 13 of 15
RATES
UNIT
Per Job. Min
K. Impedence Moisture Survey (Machine) (Max. 3 cores)
Per Job Min.
$790.00
Per Square Feet (Additional Sq. Ft. Survey)
$0.26
Per Sq. Ft.
L. Bonded Pull Test
$200,00
Per Test
M. Fastener Pull Test (First 10,000 Sq. Ft. Per Deck) (Minimum: 10 Tests)
$10.00
Per Test
Per New Roof (Core Sample)
$15.00
Per Test
Existing Roof (Core Sample)
$25.00
Per Test
N. Bell Chamber Test (Max. 2 Tests / Any Additional Test $300.00)
$425.00
Per Test
0, Title Uplift Test (TAS 106)
Per Square Feet (2,500 Sq. Ft. Minimum)
$0.15
Per Sq. Ft.
Additional cost per square ft.
$0.10
Per Sq. Ft
N. Engiheer's Report
MAINTENANCE OF TRAFFIC
$120.00
Per Hour
Per Hour
$50.00
To be negotiated by Issuing Department if Required due to the Location of the Work to be
Performed. Laboratory shall present proof of man hours and equipment used to provide
the"Maintenance ofTraffic".
ENGINEERING SERVICES
A, C.A.D. Operator
B. Staff Engineer
$75.00
Per Hour
C. Professional Engineer
$115.00
Per Hour
D. Engineer
$85.00
Per Hour
E. Principal
$155.00
Per Hour
F. Clerical / Administrative
$45.00
Per Hour
Page 14 of 15
G.
24, UNDER
A.
B.
Engineering Technician (Applies to all Sub -Categories)
RATES
$52.00
UNIT
Per Hour
Note: Fees paid to the laboratories shall be according to the negotiated fees as shown for
$75.00
Per Hour
each laboratory on this "Fee Schedule.' Nevertheless, hours for the work performed can be
negotiated by the City of Miami.
GROUND UTILITY LOCATION AND INSPECTION
Utility Designation- Electronically Scan and Determine the Horizontal and Vertical
Location of Buried Utility Lines.
Expose Utility Lines by AirNacuum System (Soft Dig), Creating -a Small Dia. Hole, to be
Plotted on Base Maps to Scale. Work Reviewed & Certified by a Florida Registered Land
Surveyor. (Incl. Cost Associated with Restoration & Photographs/Drawings to
Document/Generate Complete Certified Report.
Fer Test Hole (In Pavement)
•
Per Test
$640.00
Fer Test Hole (In Soil)
$600.00
Per Test
C/P -- OP --
Page 15 015
CORPORATE RESOLUTION
WHEREAS, KADERABEK COMPANY Inc. desires to enter into an agreement
with the City of Miami for the purpose of performing the work described in the
agreement to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the Vice -President
(type title of officer)
Barry R. Goldstein , is hereby authorized
(type name of officer)
and instructed to enter into a agreement, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed agreement to which
this resolution is attached and to execute the corresponding agreement.
DATED this 6th day of January, 2011.
Corporate Secre
ary
(Corporate Seal)
Geotechnical and Construction Material
Testing Services (RFQ No. 08-09-069)
Exhibit "B"- Bill of Sale
Page 6 of 6
BILL OF SALE
THIS BILL OF SALE is made as of July 27, 2012 by KADERABEK COMPANY, a
Florida corporation ("Seller").
WHEREAS, Seller and NV5 HOLDINGS, INC., a Delaware corporation ("Buyer"), are
parties to that certain Asset Purchase Agreement dated as of July 24, 2012 (the "Purchase
Agreement") with respect to certain Assets pertaining to the Business which Seller has agreed to
sell to Buyer and Buyer has agreed to purchase from Seller, in each case all in accordance with
and subject to the terms and conditions set forth in the Purchase Agreement.
WHEREAS, Buyer has assigned its rights under the Purchase Agreement to Vertical V
Southeast, Inc., a Delaware corporation ("Assignee")
NOW, THERFFORR, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and pursuant to the terms of the Purchase Agreement, Seller
does hereby bargain, sell, assign, transfer, convey and deliver to Assignee, its successors and
assigns, the Assets.
TO HAVE AND TO HOLD the Assets to Assignee, its successors and assigns, for their
exclusive use and benefit forever.
Seller does hereby agree, from and after the date hereof upon the request of Assignee, to
execute such other documents as Assignee, may reasonably require in order to obtain the full
benefit of this Bill of Sale and Seller's obligations hereunder.
Capitalized terms used but not otherwise defined herein and defined in the Purchase
Agreement shall have the meanings assigned to such term in the Purchase Agreement.
This Bill of Sale is subject to the terms of the Purchase Agreement, the terms of which
shall not be modified or altered in any way by this Bill of Sale. In the event of a conflict
between this Bill of Sale and the Purchase Agreement, the provisions of the Purchase Agreement
shall control.
[signature page to follow]
644663v3 993687.0006 1
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly
executed as of the date first written above.
KADERABEK COMPANY,
a Florida c • ration
By:
Name: Barry R. Golst
Title: President
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 2' day of July, 2012, by Barry R.
Goldstein, as President of KADERABEK COMPANY, a Florida corporation. He is personally
known to me and has produced
not take an oath.
, ti r MY COMMISSION # EE 097635
: -1i7EXPIRES: June 'I, 2015
' pr PP. Bonded Thru Notary Public Unde w6ters
as identification and did/did
Printed/Typed Name:
Commission Number:
My Commission Expires:
644663v3 993687.0006 2