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GFA INTERNATIONAL, INC. �o19-a787� MIAM. IBEACH AGREEMENT BETWEEN CITY OF MIAMI BEACH AND GFA INTERNATIONAL, INC. FOR CITYWIDE GEOTECHNICAL AND LABORATORY TESTING SERVICES ON AN "AS-NEEDED BASIS" Resolution No. 2012-27879 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 3 ARTICLE 2. BASIC SERVICES 8 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 17 ARTICLE 5. ADDITIONAL SERVICES 17 ARTICLE 6. REIMBURSABLE EXPENSES 18 ARTICLE 7. COMPENSATION FOR SERVICES 19 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 21 ARTICLE 10. TERMINATION OF AGREEMENT 22 ARTICLE 11. INSURANCE 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 ARTICLE 13. ERRORS AND OMISSIONS 25 ARTICLE 14. LIMITATION OF LIABILITY 25 ARTICLE 15. NOTICE 26 ARTICLE 16. MISCELLANEOUS PROVISIONS 27 SCHEDULES: NOTE TO AGREEMENT SCHEDULES 32 SCHEDULE A- SCOPE OF SERVICES 33 SCHEDULE A-1 - CONSULTANT SERVICE ORDER 39 SCHEDULE B- CONSULTANT COMPENSATION 40 SCHEDULE C- CONSULTANT HOURLY BILLING RATE 41 SCHEDULE D- INSURANCE AND SWORN AFFIDAVITS 49 SCHEDULE E- BEST VALUE AMENDMENT 50 Pecge 2 of 50 CI I Y APPROVED ROTATIONAL COI,!CUL I Ah!I FO.-F,101 20 1 3) TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GFA INTERNATIONAL, INC. FOR FOR CITYWIDE GEOTECHNICAL AND LABORATORY TESTING SERVICES This Agreement made and entered into this /9 day of k , 2013 (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and GFA INTERNATIONAL, INC., a Florida corporation having an office at 150 Alhambra Circle, Suite 715, Coral Gables, FL 33134 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to undertake various capital projects within the City of Miami Beach, and wishes to engage the Consultant to provide certain professional services as same are described and set forth in Schedule "A" hereto, for certain projects, to be assigned; at the City's discretion and by means of the issuance of a "Consultant Service Order" (similar to the form shown in Schedule "A-1" attached hereto), at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of those certain professional services relative to those projects assigned by the City, pursuant to a Consultant Service Order. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY(OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the Page 3 o�50 CITY'AIPPROVEG ROTATIONIP,L CONSULTANT FORIV,(JPJ`UA"RY 2010) City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the Project Coordinator) with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and/or this Agreement). 1.4 PROPOSAL DOCUMENT'S: "Proposal Documents" shall mean Request for Qualifications No. 17-11/12, entitled "Citywide Geotechnical and Laboratory Testing Services on an As-Needed Basis" issued by the City in contemplation of this Agreement, together with all amendments thereto (if any), (the RFQ), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the architect/engineer who has entered into 'a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant for a Project shall be subject to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub-consultant's. Any such contracts shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and sub-consultants. Any approval of a sub- consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Services. The quality of services and acceptability to the City of the services performed by such sub-consultants shall be the sole responsibility of Consultant. 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, Pace 4 of 50 CITY APPROVED ROTATION,-`1 CONSULTP,I I i OFJ%,i(JAJNUARY 2013.) direct, and review (on behalf of the City) all matters related to a Project. 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete a Project), as further described in Article 2 and Schedule "A" hereto. In addition, any Services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by the City Commission and is described in the Consultant Service Order. 1.9.1 Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project, contained in the "Consultant Service Order" (and as same may be modified by any approved change orders). 1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total cost to the City of the Work, as established in the Consultant Service Order(and as same may be modified by any approved Change Order), and which may include a contingency allowance. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsive and responsible bidder or proposer for such Work. 1.10.1 Construction Cost Budget:The "Construction Cost Budget" shall mean the amount budgeted by the City for the Construction Cost, as shall be set forth in the Consultant Service Order. 1.10.2 Statement Of Probable Construction Cost: The "Statement of Probable Construction Cost" shall mean the latest approved written estimate of Construction Cost submitted by Consultant to the City, in a format approved by the Project Coordinator. The cost estimate shall comply with the guidelines (including accuracy) as defined by the Association for the Advancement of Cost Engineering, formerly, American Association of Cost Engineering (AACE) and the American National Standards Institute (ANSI). Page 5 of 50 CITY r`PPRGVE D RGTATIOh,!�!CONSUL T/; For Work which bids or proposals have not been let, the Statement of Probable Construction Cost shall be the same as the Construction Cost. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. 1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), the Consultant Service Order issued to Consultant by the City for a Project, and the documents prepared by Consultant in accordance with the requirements stipulated in such Consultant Service Order. The Contract Documents may also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, the Contract for Construction, surety payment and performance bonds, conditions of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0-17, Construction Documents, approved change order(s), approved construction change directive(s), and/or approved written order(s) for a minor change in the Work. .14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally Page 6 of 50 CiTY;;PPROVED OT;,,TIONAL COI�SULTPA,!T FOR.i,i(J°.h1U',RY 20 1Y) binding agreement between City and Contractor for performance of the Work covered in the Contract Documents. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, technical specifications, drawings, documents, and diagrams prepared by the Consultant, which show the locations, characters, dimensions and details of the Work to be done, and which are part of the Contract Documents. 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, an adjustment in the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services, which the Consultant shall perform, at the City's option, and which have been duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods, procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations proposed by the Contract for Construction. 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. When the term "Services" is used in this Agreement, it shall also be deemed to refer to the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance of a Consultant Service Order. 1.20 SOFT COSTS: "Soft Costs" shall mean costs related to a Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, and permitting fees, etc. 1.21 BASE BID: "Base Bid" shell mean the elements contained in the Construction Documents Page 7 of 50 CITY A°=PRG\%ED, OT,-,TIGi;AL CONSULTP.h:T FO:fvl(JL',I\1U•<••rY 20131 recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. "Base Bid" shall not include Additive Alternates or Deductive Alternates. 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. It shall also be deemed to refer to the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance of a Consultant Service Order. 1.23 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall mean the work, services and/or tasks assigned by the City to Consultant (and issued pursuant to the notice, in substantial form, attached as in Schedule "A-1" hereto), and specifically describing and delineating the particular Services (Basic and otherwise) which will be required of Consultant for the Project that is the subject of such Order. 1.24 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A — Scope of Services. Schedule A-1 — Consultant Service Order. Schedule E — Consultant Compensation. Schedule C — Consultant Hourly Billing Rate Schedule. Schedule D — Insurance Requirements and Sworn Affidavits Schedule E — Best Value Amendment ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services under this Agreement, as set forth in Schedule "A" hereto, and as may also be more specifically described in the Consultant Service Order. 2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or his/her designee. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. 2.3 As it relates to the Services and a Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which a Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Page 8 of 50 CI 1 Y,-`,P F\0VED RO I rA"TIlJN,'. (.iAJ!U.-',r`.';Ci- } Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Coordinator) in order to provide for the safe, expeditious, econornical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to City that it is responsible for the technical accuracy of the Services. 2.5 The Consultant's Basic Services to be provided under this Agreement shall (at a minimum) consist of, but not be limited to, the following: Provide all labor, materials, equipment, transportation, and other appurtenant work for performing Geotechnical, Soil Testing and/or Laboratory testing services. Notwithstanding the preceding, the Consultant Service Order issued by the City to Consultant shall specifically delineate and describe the Services to be provided by Consultant for the particular Project (that is the subject of such Order). 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the accuracy and competency of its/their designs, working drawings, plans, technical specifications, or other technical documents, nor shall such approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, plans, technical specifications, or other technical documents; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant to this Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of a Project and, in this Page 9 of 50 CITY ( Ld%' _I'-':1=(Y 2'D i �) respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the parties which shall be the Effective Date referred on page 1 hereof, and shall be in effect for three (3) years plus two (2), one (1) year renewal options to be exercised at the sole discretion of the City Manager or until the work and/or services under each Consultant Service Order issued to Consultant have been completed. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order issued for a particular Project. 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Services will be performed in a manner that shall conform to the Consultant Service Order. The Consultant may submit requests for an adjustment to the Consultant Service Order completion time, if made necessary because of undue delays resulting from untimely review taken by the City (or other governmental authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on a Project. 2.9 The Consultant shall perform its duties under this Agreement, and under a Consultant Service Order, in a competent, timely and professional manner, and shall be responsible to the City Page '10 of 50 ,.p CFVE1 (l ,^--1 i 1(-•.I X11 U i•.I--CJF ( p�.,!1 2,i-I. ;� CITY'., FR_��_�� i .. Cf�.. CC�SJ i.,f•,i 'r P,i��i,•.-';=.•%Y=-1.., for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement and, specifically under any Consultant Service Order issued to the Consultant by the City (including the Services performed it sub-consultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the Services in the State of Florida. The Consultant is responsible for, and shall represent to City that its work conforms to the City's requirements, as set forth in the Agreement and in any particular Consultant Service Order issued to Consultant by the City. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the work. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the Services required under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of Services by sub-consultants, the Consultant shall, in approving and accepting such Services, ensure the professional quality, completeness, and coordination of the sub-consultant's Services. 2.9.1 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work and/or services rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input front others' professional expertise to Page 11 of 50 C 111 ,=.ice='rO\`—_ I'11d;._ ;Cil,l_ I_7L,NT r ..UL-,H r,.'?G I b identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 [Intentionally Omitted] 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully executed Consultant Service Order, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his/her designee (i.e. the Project Coordinator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his/her designee (which notice shall state the cause therefore), to promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project ( including, without limitation, any sub- consultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third-party(ies), any non- public information concerning the Services or the Project, without the prior written consent of the City Manager or his/her designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Page 12 o'150 CIT1'APPP.OVCD P.O T A T IONIA,L CC)PSULTANT FORM(J/-',NUAPY 20 i'_�) Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in this Agreement and in Schedule "A" hereto, do not delineate every detail and minor work task required to be performed by Consultant to complete the work and/or services described and delineated under a Consultant Service Order issued to Consultant by the City for a particular Project. If, during the course of performing work, services and/or tasks on a particular Consultant Service Order, Consultant determines that work and/or services should be performed (to complete the Project delineated under such Order which is, in the Consultant's reasonable opinion), outside the level of effort originally anticipated in the Consultant Service Order (issued for the particular Project), then Consultant shall promptly notify the Project Coordinator, in writing, and must obtain the Project Coordinator's written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Coordinator, said work and/or services shall be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the scope of services delineated in the Consultant Service Order (whether or not specifically addressed in such scope of services). Mere notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the City to perform such work and/or services. Performance of any such work and/or services by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 The City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended frorn time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. Page 13 of 50 CIT Y AP=?O'V=D r;OTP,I IGi\I,L,L C,GNSUL IAI\I I=G RINI(Jf-,I\IUlkRI -2013) 2.19 SUS-CONSULTANTS:All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and 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. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub-consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager or his/her designee, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the design and construction of same (except unless otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way)the following: a) the Services described in this Agreement; b) the Term of this Agreement; or c) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall make available to Consultant all information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as 'to the accuracy or completeness of such information. The Consultant Page '14 of 50 CITY APPROVED ROTATIONAL COIISULTANT FORM,(V NIUARY 2013) understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 [Intentionally Omitted] 3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub-consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non- conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and/or decisions required under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to approve or reject any such requests for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, of this Agreement. 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from Page 15 of 50 CITY" ?r0\/-D (Jr,IU�,R, iQ.� administrative decisions of the City Manager or the Project Coordinator. In such cases, the Commission's decision, shall be final and binding upon all parties. 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the surn of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any sub-consultants (and any replacements). 3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with .the City Commission on such matters. 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to q Y 9 q reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.8.4[Intentionally Omitted] 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations Page 16 of 50 CITY)-IPPROV'ED RO i A i!0NAL COPISULTP.I�-i 0 !„'(J,=,NIUA'',RY%0'; ) relating to the exercise of the City's powers, duties, and responsibilities under this Agreement or the Contract Documents. 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 [Intentionally Omitted] 4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by Consultant. 4.3 Consultant shall warrant and represent to the City that its review and evaluation of the Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment as an experienced design professional familiar with the construction industry; provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 [Intentionally Omitted] 4.5 [Intentionally Omitted] ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" Page 17 of 50 CITY APPROVED-,., .a. I n „-,L C01•;=_11 T;` T-OF"MI I shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to sarne shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 5.2.3 [Intentionally Omitted] 5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts+. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project. Notwithstanding the preceding, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and other back-up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." 6.2 Reimbursable Expenses may include, but not be limited to, the following: Page '18 of 50 CI I i PJ-PFOV_D POT AI10I CO\IS II IP,I_!I rORF,'I(..A1\'I,JL'.J-,`(201:%) 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project docurnents (excluding reproductions for the office use of the Consultant and its sub-consultants, and courier, postage and handling costs between the Consultant and its sub-consultants). 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" or "Not to Exceed" fee for provision of the Services, or portions thereof, as may be set forth and described in the Consultant Service Order issued for a particular Project, shall be negotiated between City and Consultant, and shall be set forth in such Consultant Service Order. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year Page 19 of 50 C,I! (`.f'P F:OV.[J 0 1 r,I ICk!i=,L_'•JNS _I nI�I `C'r:wi 0.-°,I\I!.,-',. 20",3) to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any the annual increase exceed three percent (3%). 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event sub-consultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours upon reasonable prior written notice. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and ensure compliance therewith Page 20 of 50 CITY;•, PRO`"F=D P.O A.TiONIPI CONSULT,Jai i FOR16(ANU�,PY 2013) ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may �be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans and specifications. Page 21 o'150 CITY COf;SULlr,h!T=QR:Ivi(_!,kNUr,::l 2013! ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this 'Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. Page 22 of 50 C;I T -,PPROVIE i RC)T,=-\I i DNr,`,!C0f,1cULT.L,I\! ORIhi I U= `�201=) 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deerns such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and;accepted up to the termination date (as set forth in the City's written ..notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Professional Liability Insurance, in the amount of one million dollars ($1,000,000.00), per claim, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notif y J the Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability Insurance policy. Page 23 of 50 CI I' P,PPiROVEED Fnl1`1l!0!,L_ ONS� I IL P%I-,IT FOIR k"1 i ,',I'L).'I;Y CJ I (b) Comprehensive General Liability Insurance, in the amount of one million dollars ($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miarni Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement and/or in the performance of any Consultant Service Order issued by the City to Consultant pursuant to this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may Paae 24 of 50 0iTY F,P°FOV=D FOTA,TIONL.L COI,.SULT',NiT issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement (or otherwise provided by Consultant) shall in no way limit its responsibility to indemnify, keep, and save harrnless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result frorn any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized by the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were prepared by the Consultant will constitute an additional cost to the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or omissions by the Consultant. Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the City's Capital Improvement Projects Director (the Director). The Director's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Director, the Consultant shall present any such objections, in writing, to the City Manager. The Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its Page 25 of 50 CITY Ipl-'-f:nVEJ 210 i liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds $10,000, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to $10,000, less any amount(s) actually paid by the City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess $10,000, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: J. Mark Taxis, Assistant City Manager With a copy to: Capital Improvement Projects Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: David Martinez, P.E. , CIP Acting Director All written notices given to the Consultant from the City shall be addressed to: GFA INTERNATIONAL, INC. 150 Alhambra Circle, Suite 715 Coral Gables, FL 33134 Attn: Frederick Kaub All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. Page 26 of 50 CITY A,FI IROVED RGTP,TiGI COP!SULTP.P11T ORhl(JA"N U,-`,R')'-013) ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4 NO CONTINGENT PEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for 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 subsection, City shall have the right to Page 27 of 50 �O;r=.11 0 ,L C�?i! UL i,,(•JT FO itit fJ,,ICU., terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miarni-Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. Page 28 of 50 CI Y,=•.PPROVLD ROIf, IO1\11,i �:OI��SULi.,'.I i OKf,;i(.I':I��U ,�Y 20"i ) 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or 4. ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub-consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting frorn any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement and under any Consultant Service Order issued by the City to Consultant shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, Page 29 of 50 CITY. ?F0\/E D E`0T,kT10NP,!CC)1!=U1_T='..I\I O j.{,IJ.',I U.''.r`,' i j wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 16.12 INTENT OF AGREEMENT: 16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.13 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. Page 30 of 50 l,Ui\SU L'JJ I -OR:tvl(J:',h l Ir',R1 2053) IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: CITY CLERK �ry , ('1 Edward L. Tobin , :' - y�4 '••.� ice-Mayor GFA INTERNATIO IN,G ORP )ORATED: Aft st `'\ °i' _ 2b - - 7/S �3 Signature Signature Print Name/Title Print.Name/Title i APPROVED AS TO FORM & LANGUAGE &Fr)H EXECUTION LCity Attorn Date Page 31 of 50 CI I v;',PP POVED PGT,t',T!0Ni`1 CONISI_II_I,':I.I 1 0F.I'i(_i,__LII_li_.`.l'_'C i v) NOTE TO AGREEMENT SCHEDULES NOTE. WITH THE EXCEPTION OF SCHEDULES "A" AND "C"' (BASIC SERVICES AND CONSULTANT'S HOURLY BILLING RATE SCHEDULE), THE ATTACHED SCHEDULES ARE FOR ILLUSTRATIVE PURPOSES ONLY. WHEN CONSULTANT IS ISSUED A CONSULTANT SERVICE ORDER FOR A PARTICULAR PROJECT PURSUANT TO THIS AGREEMENT, THEN THE SPECIFIC SCHEDULES PERTAINING TO THAT PARTICULAR WORK, SERVICES AND/OR TASKS (I.E. THE SCOPE OF SERVICES; CONSULTANT COMPENSATION; CONSTRUCTION COST BUDGET; PROJECT SCHEDULE; ETC) SHALL BE NEGOTIATED BETWEEN THE CITY AND THE CONSULTANT AND THE TERMS OF THIS AGREEMENT SHALL GOVERN FOR THAT PARTICULAR PROJECT. i Page 32 of 50 r�rt:%i 0,'N''U'R %0131 SCHEDULE A SCOPE OF SERVICES The Consultant shall provide Basic Services, on an "as needed basis" meaning that each firm awarded a contract hereby agrees to be placed on a list of professionals that will provide Citywide Geotechnical and Laboratory Testing Services where the City may call upon them to perform professional services for certain City projects, (the Project or Projects), as assigned by the City, in its sole discretion and judgment. As the need for service arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. Professional services will be quoted as a not to exceed or lump sum based on the estimated hours to complete a project and in accordance with the hourly rates set forth in Schedule "C", attached hereto. The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or his designee. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. The Consultant shall provide Citywide Geotechnical and Laboratory Testing Services pursuant to the Agreement. The Scope of Services shall consist, of but not be limited to, the following: Geotechnical Services ® The Consultant shall provide all labor, materials, equipment, transportation, and other appurtenant work for performing subsurface explorations, obtaining representative samples, and performing all other geotechnical services. ® The Consultant shall comply with all federal, state, and local rules and regulations with regard to permits, bonds, drilling, plugging, and all other applicable aspects of drilling. The Consultant shall research and review all pertinent existing geologic and geotechnical data and information available from USGS, area development, and-the company's own files. © The Consultant shall review the proposed project information and requested scope of work indicated as a minimum level of services desired relative to the anticipated subsurface conditions present. If localized subsurface conditions are expected to vary significantly, Consultant shall advise Owner of additional recommended services prior to commencing work. ® The Consultant shall be responsible for contacting the appropriate agencies (state/city utility check) for determining locations of utilities in the vicinity of the actual boring locations. Borings shall be backfilled to the original ground surface in accordance with all applicable local, state, and federal guidelines. Page 33' or 50 CITY r'r'l.'V'D O T P,T J1.DJ0,L CONSULTANT FORIv'i • Consultant shall perform the standard penetration test (SPT) in accordance with ASTM Designation D 1586. • In soil that is predominantly cohesive (silty clays, sandy clays, and material with adhesive binder), Consultant shall use the thin-walled tube method for sampling in accordance with ASTM Designation D 1587. • Rock coring shall be performed in accordance with ASTM Designation D 2113. • Double-ring infiltration test shall be conducted in accordance with ASTM Designation D 5093. • Laboratory tests shall be assigned and performed by the Consultant to classify soils and obtain geotechnical physical characteristics such as strength, compressibility, swell potential, compaction characteristics, and chemical characteristics such as corrosiveness. Perform laboratory testing consistent in quantity and quality with local geotechnical engineering practice to provide the required design parameters and recommendations. The quantity of tests to be performed will be dependent upon the type of soil and/or rock encountered during drilling and sampling with additional consideration of the foundation types that may be required to support the proposed structures. The Consultant shall prepare a geotechnical engineering report containing a discussion of the proposed construction, final boring logs, boring location plan, a description of the drilling and sampling program, a description of the geology and subsurface conditions encountered, groundwater conditions, laboratory test results, and foundation and earthwork recommendations and design parameters. The following is a list of major items that shall appear in the geotechnical engineering report: ® Previous Construction Activity and Existing Fill (If present): A discussion of previous construction activity shall address any existing fills or subsurface openings, if encountered. Outline the engineering properties of any existing fills with regard to foundation design. ® Subsurface Conditions: Subsurface conditions encountered at the site shall be discussed, based upon stratigraphic sequence observed and local geology. Figures shall be provided displaying soil borings and generalized cross sections. A general description of the engineering properties or parameters determined from the investigation and applied to design recommendations shall be provided. Prevailing groundwater elevations observed and those recommended for design shall be noted. Site Preparation Recommendations: Provide grading and site preparation recommendations taking into consideration the conceptual grading plan for the site. • Compaction Requirements: The report shall contain detailed and specific criteria for Page 34 of 50 �!I'✓i._.r�'_�'`v�!J I�ii11,�,I�(_)I\r,�_L�',ICi II I�.i.F I `rr:�1'i�I,r...�!Ui=. l =U I.i� acceptable embankment, fill, or backfill materials and address whether the available borrow material on site is suitable for general or structural fill. The report shall contain recommendations for raterial usage at the site with regard to placement and compaction requirements as well as any recommended treatment. Compaction criteria, including acceptable gradations, moisture control, compactioe effort, and need for proofrolling shall be discussed, including criteria for both granular and cohesive fill, if applicable. Preparation of subgrades for fill and backfill placement shall be discussed. © Foundation Design: The geotechnical engineering report prepared by the Consultant will be used to size and structurally design stable foundations for the structures. To accomplish this task, the report shall contain recommendations in regard to the recommended foundation type for each structure, as loading and site conditions may require. The report shall provide net allowable bearing pressures for shallow spread footings and mats, at recommended bearing depths, considering the types of materials supporting the mats, and note whether any overstressing is allowed under short-term loading such as dynamic, wind, or seismic loading conditions. If over-excavation of unsuitable materials and backfill with structural backfill are required to improve the foundation soils to allow the use of shallow foundations, provide estimated vertical and horizontal extent of the over-excavation and structural backfill. Provide estimated total and differential settlement for foundations using the recommended bearing pressures. Provide an estimate of the time of settlement. Note factors of safety included or recommended. Provide recommendations for resistance to lateral loads, such as passive earth pressures and sliding friction for the base of foundations. Provide recommended groundwater level for determination of buoyancy and means to resist buoyant forces, if needed. Recommendations for deep foundations shall include diameter, depth, and any recommended installation requirements. Provide allowable design loading capacities for vertical downward loading, vertical upward loading, and horizontal loading, as appropriate to the site conditions. Provide design parameters for analysis of laterally loaded drilled piers as required for input into lateral pile capacity software. All factors of safety utilized in developing the allowable load capacities shall be outlined in detail. Slope Stability and Excavations: The report shall address the recommended inclination of both temporary excavation and permanent slopes. Excavation Requirements: If necessary, a section of the report shall address the excavatibility of the soils and rock which may be exposed during foundation excavation and site grading. The effort and type of equipment utilized to perform excavations is dependent upon the size Page 135 of 50 G k_gin SU i�I�i i r�F:Mi i[,rj'',l _, and depth of the excavation. Thus, the discussion shall be in regard to area-type excavations and confined excavations, such as utility trenches. • Dewatering: Conditions present at the site requiring groundwater control, dewatering, or surface drainage during excavation for mats, footings, and other construction shall be discussed. Anticipated types of dewatering shall be described. Special consideration to exposed sub-soils within the bottom of excavations during construction shall be addressed. • Corrosion Potential and Chemical Attack to Concrete and metallic piping: An evaluation of representative subsurface materials shall be performed to provide laboratory test results for chemical constituents, specifically pH, chloride ion, soluble sulfates, and sulfides as well as electrical resistivity. These parameters are required to evaluate the potential for corrosion to underground piping and grounding, and selection of cement type to resist potential sulfate attack. Pavements and Roadway: Provide typical pavement thickness specified in the Miami Dade County and FDOT specifications. Any other items of consideration as deemed necessary by the geotechnical company. The geotechnical engineering report shall be prepared by or under the direction of a State of Florida Registered Professional Engineer. Roadway Reports Roadway reports shall include, but not be limited to: Copies of SCS and USGS maps with project limits. • 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 the current Standard Indices. ® Estimated seasonal high and/or low groundwater levels, and review with respect to proposed pavement grades. Recommend type of geosynthetic for various applications. The Design LBR results from 90% and mean methods. © Permeability/infiltration parameters for water retention areas/exfiltration trenches/swales. A description of the site and subsoil conditions, design recommendations and a discussion of any special considerations (i.e., removal of unsuitable material, recompression of weak soils, estimated settlement time/amount, groundwater control etc.). ® An appendix which contains stratified soil boring profiles, laboratory test data sheets, Design Page 36 of 50 CONS T-N I FOFI-,ir.Kl 01 LBR calculations/graphs, and any other pertinent information. In addition to the roadway report, the Consultant will also provide stratified boring profiles to the City Designer. The Consultant shall assist the Designer with detailing limits on the cross-sections of subsoil excavation. Up to four drafts roadway reports shall be submitted to the City prior to incorporation of the Consultant's recommendations in the project design. Permits The consultant is responsible for obtaining and maintaining all required City of Miami Beach and any Miami Dade County Public Works permits, including but not limited to, MOT, excavations, etc. Additionally, if required, the consultant shall be responsible for all special events permits from the City of Miami Beach and Miami Dade County Police Departments. Additional Services Other geotechnical services to perform geotechnical investigation and/or construction material testing at other locations to be determined at a later date, may be required beyond the scope of this work. Compensation for such additional services shall be negotiated based on hourly rates contained in the Agreement awarded under this RFQ. Materials Testing, Inspection, and Reporting The Consultant shall provide the City of Miami Beach with personnel that are qualified, trained and thoroughly familiar with the City's rules, policies, and procedures in inspection, sampling testing, and reporting in the following areas: 0 Bituminous Construction Materials ® Sand, Coarse Aggregate, Limerock and Cemented Coquina Mine Inspection ® Base, Sub-Grade and Embankment Materials 0 Pavement Parking Materials Portland Cement Concrete Precast Concrete Products ® Pre-Stressed Concrete Products 0 Drilled Shaft Inspection 0 Laboratory Information Management System (LIMS) Data Entry Pavement Coring Reporting (PCR) Data Entry Consultant Contract Project Management Construction Materials Investigations, Special Studies & Projects Miscellaneous Construction Related Activities Paae 37 of 50 IIYr,PFrC`�%ii .,JIP,I 0N1`.L CO ISUL ".NT FOF 201`) • Materials Inspection and Testing Related Maintenance Activities • Asphalt Concrete Inspection/Evaluation The Consultant shall provide (when required) qualified and experienced technicians in the following: ® Aggregate Field Testing Concrete Field Technician Level I and II ® Aggregate Laboratory Testing ® Concrete Laboratory Technician ® LBR Technician ® Asphalt Paving Asphalt Plant CTCI-Concrete Transportation Construction Inspections ® Pre-stress Inspector Technician ® Drilled Shaft Inspector Pile Driving Inspector Laboratory Services The Consultant shall have a capable materials laboratory. The Consultant laboratory shall have a Quality Control Program that includes provisions for checking test equipment and lab personnel proficiency. The laboratory must keep up-to-date records of calibration checks. Page 38 of 50 O L,,T1Ck1`L CONIS II r"N I FOR[-,,I W,NUP,PY 201S) SCHEDULE A-1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GFA INTERNATIONAL, INC. CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. TO: GFA INTERNATIONAL, INC. 150 Alhambra Circle, Suite 715 Coral Gables, FL 33134 DATE: Pursuant to the Agreement between the City of Miami Beach and Consultant to provide CITYWIDE GEOTECHNICAL AND LABORATORY TESTING SERVICES ON AN "AS-NEEDED BASIS" (RFQ 17-11/12) you are directed to provide the following Services: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Project Name and No: Estimated calendar days to complete this work: days Fee for this Service Order: $ The above fee is a Lump Sum or Not-to-exceed (check one). CIP Project Coordinator Date CIP Assistant Director Date GFA INTERNATIONAL, INC. Date CIP Director Date Page 3J9 oif 50 CITY PDROV=D rOi:1T!C,IO' CC,i ._UL T.L%N11 T FORMI:(J,=.I�UP: Y 2013, SCHEDULE B CONSULTANT COMPENSATION AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CFA INTERNATIONAL, INC. FOR CITYWIDE CEOTECHNICAL AND LABORATORY TESTING SERVICES ON AN "AS-NEEDED BASIS„ Project Name and No: Scope of Services: Fee for this Service Order: $ Note*: These services will be paid lump sum based on percentage of work complete or as a not-to-exceed fee, as identified in the Consultant Service Order. Page 40 of 50 isI"kF' f=:OVEDFC-I, IiON1,1I CMI:SU I,�'.INII FOR16(..I.J\!UP-,::Y-0I ) SCHEDULE C - RATE SCHEDULE For Citywide Geotechnical and Laboratory Testing Services on an As-Needed Basis RFQ No. 17-11/12 Unit Unit Price 1. GEOTECHNICAL SERVICES (9.01) A. Mobilization of Truck Mounted Drill Rig. Up to 4 Percolations 1.A.1 Mobilization of Truck-Mounted Drill Rig or special access equipment (ATV's, Off-Road or per Day or Up to 100 $350.00 Water/marine Equipment) Ft.of Borings. Up to 4 Percolations 1.A.2 Premium over 1.A.1 for mobilization of special access equipment (ATV's, Off-Road or per Day or co t 100 To be negotiated Water/marine Equipment) as needed Ft.of Borings. B Borings Standard Penetration per ASTM D-1586: With or Without Casing: Penetration Depth 0'to 50' Foot $20.00 Penetration Depth 51'to 75' Foot $24.00 Penetration Depth 76'to 100' Foot $28.00 Penetration Depth 101'to 150' Foot $35.00 C Auger Borings per ASTM D-1452 Penetration Depth: Penetration Depth 0'to 50' Foot $15.00 Penetration Depth 51'to 75' Foot $17.00 Penetration Depth 76'to 100' Foot $19.00 Penetration Depth 101'to 150' Foot $24.00 D Rock Coring per ASTM D-2113 (Max. NX Size): Penetration Depth 0'to 50' Foot $35.00 Penetration Depth 51'to 75' Foot $41.00 Penetration Depth 76'to 100' Foot $48.00 Penetration Depth 101'to 150' Foot $55.00 E Standard Penetration Test(includes Mobilization and Soil Boring Log) (Portable Equipment) Foot $25.00 1E.1 Standard Penetration Test(Water Boring) (Equipment Excluded, Barge Cost to be Foot $51.00 Negotiated by F.Undisturbed Sampling per ASTM D-15 Each $112.00 G.Slug Percolation Test-USGS /PWD 9" Dia. Hole(DERM) (Min. 2 per job) Each $432.00 H.Double Ring Infiltration Test per ASTM D-3385 (swale or grassy areas) (Min. 2 tests) Each $504.00 I.Percolation Tests 11.1 FL Dept. of Health and Rehabilitative Services, Chapter 100-6.57 (Min. 2 tests per job) Each $349.00 11.2 DCPW Highway Division (min. 6" dia.) (min. 2 tests per job) Each $496.00 11.3 Open Hole Method (min. 6"dia.) (min. 2 tests) Each $498.00 J.Closing Holes with Grout/Approved Methods to Safe Proof Site. [Safe Proof to be Foot $8.00 Accomplished K.Trench Test per So.FL Water Management District. (Excludes Equipment and Operator) Hour $496.00 (Provide L.Soil Cement Stabilization Field Inspection Hour $87.00 1L.1 Soil Cement Cylinder Testing Hour $64.00 1L.2 Soil Cement Cylinder Testing per ASTM D-1633 Hour $35.00 M.Water Quality Monitoring Each $81.00 N.Geotechnical Engineering Evaluation and Report of Existing Soil With Respect to Allowable Hour $126.00 Bearing O.Geotechnical Engineer Pile Capacity Analysis Hour $126.00 P. Muck Probes Hour $82.00 Unit Unit Price Page 41 of 50 CI T V APPROVED RO T.4- IOh!,-"..L C0NE,UL T i',f•( FORi i(J.^JNUk" 20 i=J Q. Engineering Inspection during Geotechnical investigation Hour $90.00 2. MONITORING KNELLS (includes Drilliinc (3.01) A. Mobilization of Truck Mounted Drill Rig. (Same Conditions apply as referenced for Up to 2 wells $364.00 Geotechnical B. Monitoring Well Installation (2" PVC, Max. 20' Depth)* (Min. 2 wells) Per Well $659.00 C. Monitoring Well Abandonment (2" PVC, Max. 20' Depth)* (Min. 2 wells) Per Well $277.00 D. Monitoring Well Abandonment (4" PVC, Max. 20' Depth)* (Min. 2 Wells) Per Well $356.00 E. Monitoring Well (4" PVC, Max. 20' Depth)* (Min. 2 wells) Per Well $863.00 F. Monitoring Well Installation (2" PVC, Greater than 20' up to 100')" (Min. 2 wells) Foot $71.00 * Excludes permit G. Repair of Monitoring Wells Unit Rates Per Unit $951.00 H.Water Quality Monitoring (Does not include Analytical Tests) (Per Well) Per Well $246.00 I.Direct Push Well Installation (20' Max) Per Well $773.00 J. Direct Push Soil/Ground water Sampling Per Day $1,608.00 K. Boat Rental (min.8 hr day)with prior approval by the issuing dept. (furnish copy of Per Day $453.00 ownership or 3 PRE-STRESS / PRE-CAST (9.02) (INCLUDES TRAVEL, MILEAGE, DELIVERY AND CERTIFIED REPORTS) A. Pre-stress /Pre-cast fabrication inspection per PCI MNL-116 (Structural) or MNL-117 Per Hour $83.00 (Architectural) B. Pre-stree (Inspection and Certified Report included) (Stressing Operation and Inspection) per Per Hour $83.00 PC[ C. Reinforced Concrete Pipe and Pre-Fabricated Manhole Inspection (types, sizes, and design) Per Hour $83.00 (includes inspection and Certified Report) (Min.4 hrs.) D.Absorption Test of Pre-cast Units per ASTM C-497 Per Core $53.00 E.Three Edge Bearing Test per ASTM C-497 Per Hour $83.00 F.Hydrostatic Testing per ASTM C-497 Per Hour $83.00 G.Testing Concrete Cylinder per ASTM C-497 (same conditions apply as shown on 3A.1) (Does Per Cylinder $112.00 NOT 4. PILING (9.02) A. Pile Driving/Auger Cast Pile Inspection (includes Certifird Log/Report [Min.4 hrs]) Per Hour $84.00 4A.1 Splice of piles as an addition (per occurance) (with prior approval from engineer) (witness Per Hour $84.00 B.Vibro-Flotation Inspection (4 hrs min.) Per Hour $84.00 C. Pile Load Test-Test Frame and Load Set-Up Witnessed by Certified Inspector per ASTM Per Hour $84.00 D-1143 4C.1 Furnishing and Set-Up of Calibrated Gauges Per Gauge $109.00 4C.2 Monitoring of Pile Load Test, Collect Field Data, and Inspector Time Per Hour $84.00 4C.3 Pile Load Test Report, Certify and Prepare Report for Load Capacity of Pile(Engineers Time) Per Hour $126.00 5. SOILS (9.02) INCLUDES TRAVEL, MILEAGE, DELIVERY AND CERTIFIED REPORT) 5A.Field Density Tests 5A.1 Sand Cone Method per AASHTO T-19 and ASTM D-1556 (2 test min.) Per Test $87.00 Nuclear Method per AASHTO T-238 AND ASTM D-2922, (Moisture per AASHTO T-239 and ASTM D- 5A.2 Per Test(From 1 to 4 tests) per trip Per Test $49.00 Per Test(From 5 to 10 tests) per trip Per Test $33.00 Per Test(From 11 or more tests) per trip Per Test $29.00 5A.3 Maximum /Minimum Relative Density Tests per ASTM D-4253 and 4254(Field and Per Test $169.00 Laboratory) Page 42 of 50 CITY., r a\%_D=0 .-,T10NI=',L CONSUL T i'%N'T FGi"h'i(JANUP.PY_201 3) Unit Unit Price 5A.4 Hourly Rate ( ) (min. 4 hrs Unlimited tests lam to 6 m (equipment tech NOT Per Hour $63.00 ) ( p ) (e ment ONLY q p 5A.5 Evening Density Testing (9pm to 6am) (if requested by issuing dept., designee to be performed in the evening and to be paid at the min.4hrs unlimited tests*)(equipmentONLY, Per Hour $84.00 technician NOT included) B.Moisture Density Tests(Proctor) 5B.1 Standard per AASHTO T-99 and ASTM D-698 (non-traffic areas) (Min. 2 tests per trip) Per Test $131.00 5B.2 Modified per AASHTO T-180 and ASTM-1577 (Building /Highway Projects) (Min. 2 tests per Per Test $149.00 C. Limerock Bearing Ratio (LBR) -FDOT Per Test $361.00 D.Carbonates on LBR Material (2 tests per trip) Per Test $75.00 E.Laboratory California Bearing Ratio(CBR) per ASTM D-1883 (one Point) Per Test $278.00 5E.1 Lab Proctor Test Per Test $147.00 5E.2 Three Point CBR Per Test $350.00 F.Field California Bearing Ratio per Asphalt Institute MS-10 (Latest Version) (Reaction Load by Per Test $424.00 Others)(2 Tests min.) G.Moisture Content Per Test $38.00 H.Organic Content 5H.1 Limerock per AASHTO T-267 (by Incineration) Per Test $51.00 5H.2 Test of Soil Chemical Analysis [(1972) P.R. Hesse P. 211] (by Peroxide) Per Test $71.00 I.Grain Size per AASHTO T-27 (Sieve Analysis only) Per Test $65.00 J.Mechanical Analysis per ASTM D-422 or T-11 and T-27 Per Test $69.00 K.Soil Classification per ASTM D-3282 and D-2487 (AASHTO Unified-FAA) Per Test $97.00 L.Los Angeles Abrasion on rip-Rap per ASTM C-535 (Large Size Coarse Aggregate) Per Test $258.00 M.Soundness on Rip-Rap per ASTM C-88(5 Cycle Sodium Sulfate) Per Test $286.00 N.Soil Specific Gravity per ASTM D-854 Per Test $61.00 O.Material Finer Than 200 Sieve Per ASTM C-117 Per Test $46.00 P.Liquid Limit per ASTM D-4318 (Atterberg Limits) Per Test $76.00 Q.Salt Content per FDOT FM 5-516 Per Test $62.00 R. Limerock Base Thickness Determination -Min. 3" dia. Holes FAAP-211 (min. 2 tests) Per Test $80.00 (excludes mobilization and transportation) * unlimited tests Day $689.00 S.Limerock Chemical Analysis per DCPW, FDOT(2 tests min.) Per Test $88.00 T.Limerock Chemical Analysis per DCAD FAAP-211 (2 tests min.) Per Test $88.00 U.Resistivity Test in Accordance with California Method 643-7 with Break-Down for test, Sampling, PH Measurement of Water and Soil,etc. Per $148.00 V.Sediment Tests Per Test $73.00 W.Soil Load Bearing Test(Plate Load) (Reaction Load By Others) 5W.1 Static Load on Footings per ASTM D-1194 Per Test $523.00 5W.2 Repetitive Static Load for Pavement per ASTM D-1195 Per Test $557.00 5W.3 Non-Repetitive Static Load for Pavement er ASTM D-1196 Per Test $557.00 X.Soil Relative Density Tests(Vibro-Flotation /In-Situ Verification) 5X.1 CPT Cone Penetration Test Soundings Per Foot $16.00 Y. Horticultural Service for Ph Value of Soil Per Test $42.00 Z.Horticultural Service for Soluable Salts in Soil Per Test $70.00 AA.Horticultural Service for Macro Nutrients in Soil Per Test $85.00 AB.Backfill Monitoring (4 hrs min.) Per Hour $70.00 AC.Geotechnical Engineer (min. 2 hrs) Per Hour $126.00 6.ASPHALT CONCRETE (9.03) includes travel, mileage and certified report A.Asphalt Paving Design Mix Marshall Method (includes Sampling, Standard Design as Applicable Marshall Procedures) per Asphalt Institute Manual Series No. 2 Per Mix $800.00 B.Analysis of Special Design Mix Per Mix $650.00 Page 43 of 50 CITY APPROVED ROTATIONAL CONSULTANT FOP.IA(JANUARY 2013) Unit Unit Price C. Marshall Properties (FDOT Procedures) (Aviation P-40:1/P-405) (Technician plus tests) 6C.1 Stability per ASTM D-1559 or AASHTO D-T 245 (set of 3 specimen) Per Set $124.00 6C.2 Flow per ASTM-1559 or AASHTO D-T 245 (set of 3 specimen) Per Set $116.00 6C.3 Density per ASTM D-2726 (set of 3 specimen) Per Set 1 $117.00 6C.4 Air Voids per ASTM-3203 (set of 3 specimen) Per Set $116.00 6C.5 Maximum density per ASTM D-2041 Per Set $76.00 6c.6 Particle Coating per ASTM D-2489 Per Sample $128.00 6C.7 Sampling /Prep. Per ASTM D-1559 /D-2726 Per Sample $79.00 6C.8 Bulk Specific Gravity of Drilled Core per ASTM D-2726 Per Core $55.00 6C.9 Moisture Content -Drying per ASTM C-566 Per Sample $56.00 6C.10 Moisture Content -Distillation per ASTM D-1461 Per Sample $133.00 Per Aggregate Sample $102.00 6C.11 Asphaltic Specific Gravity/Absorption of Aggregate Blends 6C.12 Sampling Hot mix at Manufacturer per ASTM D-979 Per Hour $66.00 6C.13 Effect of Water on Hot Mix per ASTM D-1075 (set of 6 samples) Per Set $128.00 6C.14 Washed Sieve Analysis Per Sample $65.00 6C.15 AASHTO T-182 Per Sample $143.00 6C.16 Flat/Elongated Pieces per ASTM D-4791 Per Sample $136.00 6C.17 Effect of Moisture on Hot Mix per ASTM D-4867 (set of 6 samples) Per Set $318.00 6C.18 Sand Equivalent per ASTM D-2419 Per Sample $102.00 6C.19 Effect of Water on Cohesion per ASTM D-1075 /Modified Per Sample $192.00 D. Extraction /Gradation Analysis per ASTM D6307 Per Test $146.00 E.Asphalt Plant Technician Using FDOT Approved Plant, Laboratory and Procedures for Hour $83.00 Extraction,Gradation, Marshall Tests and Temperature Checks (ASTM D-290-85) (per person, min.4 hrs) F. Paving Technician for On-Site Paving Operations, Inspections per FDOT Procedures (temperature,density testing and observation) (min.4 hrs.) Hour $82.00 G.Aspahlt densities (Nuclear-Back Scatter Methos) (Min.4 tests) Per Test $30.00 H.Asphalt Core Drilling for Thickness Measrurements (includes Asphalt Patching) (min 6 cores Per Core $60.00 per call-out) I.Asphalt Cores Laboratory Tests for Measurements per ASTM D-3549 and weight per cubic Per Core $45.00 foot, per ASTM D-2726(min 4 cores) J.Gyratory Compaction (Bulk Specific Gravity) Per Sample $121.00 7 TECHNICAL SERVICES (AVIATION) (9003) A. P401 Technical Services-NICET III/FDOTII /Equivalent per ASTM D-3666 Aspalt lant Facilities and Initial Inspection, Quality Reviews, Design Mix/JMF Review,Technical Report/ Hour $125.00 Meetings/Coordination Oversight/PWL/reviews (min. 2 hrs.) B. P401/P602/P603/P609-Field Acceptance Inspection -Certified Inspection per ASTM 7B.1 Level I Inspector (weekday min.4 hrs) Hour $83.00 7B.2 Level II Inspector (weekday min. 4 hrs) Hour $91.00 7B.3 Cancellation Fee (Plant) (Per cancellation, per technician) Per $244.00 S CONCRETE TECHNICIAN (9.03) INCLUSIVE OF TRAVEL, MILEAGE., DELIVERY AND CERTIFIED DEPORT) A.Cylinders-cast and tested by laboratory 8A.1 Standard 6"x 12" or 4" x 8"cylinder (concrete temperature test and slump test) (per Per Set $113.00 ASTM C-31"Section 7" Lab. Strength Tests per C-39 using C-617 or C-1231) (max. 5 cylinders 8A.2 Lightweight 3"x 6"cylinder includes concrete per ASTM C-495 (max. 5 cylinders per set) Per Set $113.00 8A.3 Air Entrainment pas ASTM C-31 (used Concurrently with Concrete Set Testing) Per Set $37.00 8A.4 Cylinder pick-up (when not cast by laboratory) Hour $59.00 B.Securing Structural or Pavement Cores per ASTM C-42 (6" max. dia.) (3 cores min.) 8B.1 8" deep Per Core $129.00 813.2 14" deep Per Core $157.00 Page 44 of 50 CI i•( ••^r^?O\!=D C-:0,NSUL i Ah'.T=Q°..4(J;'',I\'L�,-,�Y i Unit Unit Price 813.3 12" deep x 12" diameter Per Core $300.00 C. Cores Trim and Compression Test per ASTM C-42 Per Test $41.00 D. Concrete Masonry Units per ASTM C-140 and C-551 -Block/Brick per ASTM-140 8D.1 Concrete Brick per ASTM C-551 (min. 2 bricks) 8D.1A Compression Per Brick $46.00 8D.16 Absorption Per Brick $66.00 8D.1C Dimension Per Brick $45.00 8D.1D Appearance Per Brick $44.00 8D.2 Block, Manhole Per Test $78.00 8D.3 Block, Concrete Compression per ASTM C-140 -Individual Units Per Test $56.00 8D.4 Block, Concrete Absorption per ASTM C-140 -Individual Units Per Test $67.00 8D.5 Moisture Content of Concrete Block per ASTM C-140 Per Block $56.00 8D.6 Block Series, Dimensions, Compression, Absorption, Moisture Content and Unit Weight Per Block $176.00 (Density) 8D.7 Mortar Cubes 2"x2"x2" Compression Test per ASTM C-109 (min. 3 per test) (cast by others) Per Cube $38.00 8D.8 Masonry Prism per ASTM C-1314 (fabricated by contractor) (unfilled) Per Prism $141.00 8D.9 Sampling and pick-up (casting not included) Per Unit $64.00 8D.10 Concrete Block Unit Weight per ASTM C-140 Per Block $62.00 8D.11 Grout Cube Compression Test per ASTM C-1014 (cast by others) Per Cube $22.00 8D.12 Technician to Cast Mortar or Grout Cubes in Laboratory or On-Site (incl. slump and temp. Hour $64.00 tests) 813.13 On-Site Masonry Inspector per ACI-530 (min. 4 hrs) Hour $83.00 E.Concrete Beams 8E.1 Tension Test per ASTM C-496 (Splitting Tension Test for Cylindrical Specimen, not beams) Per Test $66.00 8E.2 Flexural Test per ASTM C-78 (ASTM C-31, C-78) cast per ASTM C-36, (2 beams required per Per Beam $122.00 F.Air Content per ASTM C-173 or ASTM C-231 Per Test $36.00 G.Concrete Densities (Unit Weight) and Yield Test per ASTM C-138 Per Test $41.00 H. Design Mix per ACI-211 Standard Aggregate (Materials Furnished by Supplier) (Laboratory Per Mix $525.00 Sampling included) (1 Trial batch and 6 Cylinder Tests) (First of any Series) (Additional Design Mixes in Series) Per Mix $408.00 8H.1 Design Mix Materials Testing 8H.1a Gradation Per Test $75.00 8H.1b Fine Aggregate Gravity and Absorption C-127 Per Test $84.00 8H.1c Coarse Aggregates Specific Gravity and Absorption C-128 Per Test $94.00 8H.1d LA Abrasion C-88 Per Test $221.00 I.On-Site Inspection per ACI-304 and ACI-311.5111 (per site visit as approved by the engineer) (4 Hour $83.00 J.Concrete Plant Inspection per ACI-311.5 (Mix and Weight Verification) (4 hrs min.) Hour $83.00 K.Windsor Probe Test per ASTM C-803 (Penetration Resistance to Determine Uniformity) with Per Trip $271.00 equipment charge (Windsor Gun) (per trip per location) L.ASTM C-803 (set of 3 probes per test) Per Set $108.00 M. Concrete Rebound Hammer Test per ASTM C-805 (use of Spring Driven Steel Hammer to Per Hour $81.00 determine uniformity of in-place concrete) (4 hrs min) N. Pull-out per ASTM C-900 (includes pin installation) Per Test $344.00 O.Thickness of Concrete per ASTM C-1383 Hour $71.00 P.Corrosion Activity per ASTM C-876 Hour $88.00 Q.Chloride Content 8Q.1 Per ASTM C-1152 Per Test $129.00 8Q.2 Per ASTM C-1218 Per Test $135.00 R. Pachometer (Magnometer) Readings for Rebar Location, approximate size and Spacing (4 hrs Hour $81.00 S.Los Angeles Abrasion per ASTM C-131 (small size coarse aggregate) Hour $225.00 T.Sieve Analysis per ASTM-136 Per Test $75.00 Page 45 of 50 CITY APPROVED ROTATIONAL CONSULTANT FORA4(JANUARY 2013) Unit Unit Price U. Absorption Fine Aggregate per ASTM C-128, Coarse Aggregate per ASTM C-127 Per Test $75.00 V.Specific Gravity Fine Aggregate per ASTM C-128, Coarse Aggregate per ASTM C-127 Per Test $75.00 W. Weight per Cubic Feet per ASTM C-29 Per Test $75.00 9. STEEL (9.04) (use AWA, AMS, AWS, ASME, API, as applicable) A.Shop/Field Weld Inspection per ASTM D-5339 (4 hrs min.) Hour $82.00 B.AWS, AWA, ASME Welder Tests-Groove or Fillet Plate Per position $217.00 Pipe Per position $227.00 C.Reinforcing Steel Tensile Test(Min. 3 Tests) -TENSILE ONLY DOES NOT INCLUDE Per Bar $171.00 TECHNICIAN TIME TO SET-UP MACHINE D. Reinforcing Steel Deformation Test Per Test $57.00 E. Reinforcing Bar Placement Inspection Hour $82.00 F.Chemical Laboratory Test Weld Inspection and Dye Penetrant Weld Testing Hour $82.00 G. Radiograph Weld Inspection (min.4 tests) Per Test $142.00 H. Engineering Services 9H.1 Special Inspector for Threshold Buildings (State Certified) (2 hrs min.) Hour $121.00 9H.2 Special Inspector Designee (2 hrs min.) Hour $116.00 9H.3 Special Inspector under the Florida Building Code (2 hrs min.) Hour $116.00 10. MECHANICAL_(9.041 A.Sound Surveys (includes travel time) Hour $98.00 B. Lighting Surveys (includes travel time) Hour $98.00 11. FIRE PROOFIN (9.04) A. Inspection of Sprayed-On Fireproof Coating on Structural Steel 11A.1 4 hrs min Hour $81.00 11A.2 Laboratory Unit Weight Test of Fireproofing Coating per ASTM E-605 Per Test $61.00 11A.3 Field Adhesion /Cohesion Tests per ASTM E-736 Per Test $123.00 * if additional hours are required must have approval from issuing department 12 STRAIN MEASUREMENTS (SR4 INDICATOR) (9.04) A.Technician Services to install Gauges/Make Strain Reading (4 hr min.) Hour $81.00 13. ULTRASONIC INSPECTIONS (9.04) A.Services of an Ultrasonic Technician and Equipment (8 hrs min) Hour $125.00 B.Assistant Technician (8 hrs min) Hour $58.00 14. STRUCTURAL STEEL (9.04) A.Welding Inspector per AWS Code (4 hrs min) Hour $82.00 B.Structural Steel Shop or Field Inspector(4 hrs min) Hour $82.00 C. Bolt Tightening Inspection by Using: 14C.1 Torque Wrench Hour $82.00 14C.2 Reg.Wrench Hour $82.00 14C.3 Filler Gauge Hour $82.00 D.Structural Steel Testing /Inspection (4 hrs min) Hour $82.00 15. WELDING (9.04) A.AWS Certified Inspector (2 hrs min) (per inspection) Hour $82.00 B.AWS Certified Welding Inspector/1 hr PADI Certified (min 2 inspections per inspection) Hour $142.00 16 MAGNETIC PARTICLE TESTING (MAGNIAFLUX) (9.04) A.Services of a non-destructive technician Hour $82.00 B. Magnaflux Testing Hour $78.00 Page 46 of 50 CITY P,FFROV=D (JP.NIUL"M 2013) Unit Unit Price 17 ROOFING (9.05) (all tests performed shall be in accordance with current edition of the Florida Building Code at time the work is issued) A. Built-up roof sample analysis (test method for moisture in mineral aggregate used for Per Test $53.00 built-up roofs) (ASTM D-1864) B.ASTM 3617 Per Test $304.00 C. Compression "rest-Roof Tiles Hour $58.00 D. Absorption Test-roof tiles (per set of 5) Per Set $233.00 E. Up-Lift test of roof tiles (per set of 5) Per Set $282.00 F.Core Samples (per architect /engineer's recommendation) Per Sample $73.00 G.Visual Inspections Per job min. Per Job min. $714.00 Per square foot Per Sq. Ft $0.16 H. Infrared Moisture Survey (mobilization of equipment) Per job min. Per Job min. $792.00 Per square foot Per Sq. Ft $0.28 1 Asbestos Testing Per Sample $63.00 J. Nuclear Moisture Testing Per job min. Per Job min. $754.00 Per square foot Per Sq. Ft $0.22 K. Impedence Moisture Survey(machine) (max 3 cores) Per job min. Per Job min. $790.00 Per square foot (additional square foot survey) Per Sq. Ft $0.26 L. Bonded Pull Test Per Test $201.00 M. Fastener Pull Test(First 10,000 sq.ft.per deck) (10 tests) Per Test $790.00 Per new roof.(core sample) Per Test $50.00 Existing roof(core sample) Per Test $60.00 N. Bell Chamber Test(max. 2 tests/any additional test$300.00) Per Test $750.00 O.Title Uplift Test(TAS 106) Per square feet(2,500 sq.ft) Per Sq. Ft $250.00 Additional per square Per Sq. Ft $20.00 P. Engineer's Report Hour $126.00 22. MAINTENANCE OF TRAFFIC (to be negotiated by issuing dept if 23. ENGINEERING SERVICES A.C.A.D. Operator Hour $72.00 B.Staff Engineer Hour $90.00 C. Professional Engineer Hour $120.00 D.Senior Engineer Hour $143.00 E. Principal Hour $151.00 F. Clerical/Administrative Hour $48.00 G. Engineering Technician (applies to all sub-categories) Hour $65.00 Note: Fees paid to the laboratories for the work performed shall be in accordance to the 124. UNDERGROUND UTIL UTY LOCATION AND INSPECTION It shall be noted that work performed for UNDERGROUND UTILITY LOCATION AND INSPECTION belongs to Sub-CategorV 15.03-Underground Utility Location, CategorV 15.00 SURVEYING AND MAPPING Laboratory firms must be Certified under Category 15.00, Sub-Category 15.03 in order to perform this type of work or they shall Sub-Contract any of the firms certified under this Category. Page 47 of 50 CITY APPROVED ROTATIONAL CONSULTANT FORM(JANUARY 2013) Uni Unit Price A. Utility Designation -Electronically Scan and Determine the Horizontal and Vertical Location of Per Hour $150.00 Buried Utility Lines. (Min. 3 Hrs.) B. Expose Utility Lines by Air/Vacuum System (Soft Dig),Creating a Small Diameter Hole to be Plotted on Base Maps to Scale. Work Reviewed and Certified by a Florida Registered Land Surveyor. (Includes Cost Associated with Restoration and Photographs /Drawings to Document / Generate Complete Certified Report Per Test Hole (In Pavement) (Min. 3 Tests per Visit) Per Test $850.00 Per Test Hole (In Soil) (Min. 3 Tests per Visit) Per Test $850.00 C. Utility Location Inspector to Verify and Coordinate Location and Documentation of Utility Per Hour $80.00 Company Min. 2 Hrs. per Test Location). Page 48 of 50 CITY APPROVED P,OTATIONIAL CONSULTANT FORM,(JANUARY 2013) SCHEDULE D INSURANCE REQUIREMENTS AND SWORN AFFIDAVIT'S. See Attached Page 49 of 50 SCHEDULE E BEST VALUE AMENDMENT The Consultant agrees to abide by all the required documentation of the City's Performance Information Procurement System and submit the weekly reports. Page So of 50 CITY OF MIAMI BEACH CERTIFICATE OF USE, ANNUAL FIRE FEE, AND BUSINESS TAX RECEIPT 1700 Convention Center Drive. Miami Beach, Florida 33139-1819 TRADE NAME: GFA INTERNATIONAL, INC. RECEIPT NUMBER: RL-10005802 IN CARE OF: FREDERICK KAUB Beginning: 10/01/2012 ADDRESS: 1000 5TH ST,STE 200 Expires: 09/30/2013 MIAMI BEACH,FL 33139-6510 Parcel No: A penalty is imposed for failure to keep this Business Tax Receipt TRADE ADDRESS: 1000 5TH ST,STE 200 exhibited conspicuously of your place of business. Code Certificate of Use/Occupation A certificate of Use/Business Tax Receipt issued under this article 006900 ENGINEERS does not waive or supersede other City laws,does not constitute City approval of a particular business activity and does not excuse the licensee from all other laws applicable to the licensee's business. This Receipt may be transferred: A.Within 30 days of a bonafide sale,otherwise a complete annual payment is due. B.To another location within the City if proper approvals and the Receipt are obtained prior to the opening of the new location. Additional Information CERTIFICATE OF USE 9999_._.. PREVIOUS BALANCE $61 Engineers FF Y Storage Locations M AP.II MIAMI-DADS COUNTY - LOCAL BUSINESS TAX Pay Your Loca0 fl,f Bs5ness Tax ,,, ecure nl,ir Please print this page for your records. You will receive an a-Mail confirmation containing this payment information within an hour. CONFIRMATION OF PAYMENT Receipt Amount Due: View Number: Details: 667266-2 $51.75 Payment Date: 11/14/2012 Payment Time: 14:32:48 EST Amount Paid: $51.75 Authorization Number: 286-184724 Acc®unt Holder Name: GFA IN`L INC e-Check Account Number: xxxxxx9392 Routing Number: 063104669 Confirmation Number: 4 073 021