Amendment No. 4
j20eJ ~ - ;tf193
AMENDMENT NO.4
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A I E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
WOLFBERG ALVAREZ & PARTNERS,
DATED OCTOBER 19,2005
IN AN AMOUNT NOT-TO-EXCEED $12,626,
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES,
ASSOCIATED WITH ADDITIONAL PLANNING, DESIGN AND CONSTRUCTION
ADMINISTRATION SERVICES
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 12C - SOUTH POINTE RDA PHASE II PROJECT.
This Amendment NO.4 to the Agreement made and entered this 10 day of Januarv ,
2006, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the
laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139, and WOLFBERG ALVAREZ &
PARTNERS, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida
33146 (hereinafter referred to as Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00/01, the Mayor and
City Commission adopted Resolution No. 2002-24993, on September 25, 2002, approving and
authorizing the Mayor and City Clerk to execute an Agreement with the consultant for Professional
Services for the South Pointe RDA Phase II Neighborhood Streetscape and Utility Improvement
Project; and
WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding /
award and construction administrative services for various streetscape / utility improvements within
the South Pointe RDA Phase II neighborhood; and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $469,634.00; and
WHEREAS, the City administratively approved Amendment NO.1 to the Agreement., in the
amount of $19,750 for the implementation of additional underground utility field verification efforts
to further refine contract documents by selectively investigating "utility" locations where proposed
underground infrastructure will intersect with existing improvements; and
WHEREAS, the City administratively approved Amendment NO.2 to the Agreement, in the
amount of $10,750 for additional services for updating / revising the survey for areas within the
project boundary that have recently implemented right-of-way improvements adjacent to the new
private developments and within along the Alton Road right-of-way from Fourth to Fifth Streets;
and
WHEREAS, the City approved Amendment No.3, in the amount of $272,673 for additional
planning, design and construction administration services associated with the expanded scope of
the South Pointe Phase II Project; and
WHEREAS, the CIP Office has evaluated and hereby recommends approval of
Amendment No.4, intended to address additional Geotechnical Evaluation services associated
with the expanded scope of the South Pointe Phase II Project, for a not-to-exceed amount of
$12,626; and
WHEREAS, this Amendment has also been evaluated and recommended by Hazen &
Sawyer, the City's Program Manager; and
NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
NO.4.
2. MODIFICATIONS
The Agreement is amended as follows:
TASK 6.4 - GEOTECHNICAL EVALUATION
Task 6.4 - Geotechnical Evaluation:
CONSULTANT shall arrange for and coordinate the efforts of a company to conduct a
preliminary filed exploration program to identify typical geotechnical conditions along the
proposed pipeline corridor(s) and/or to ascertain the sub surface conditions with respect to
its drainage design. The program will consist of ten manual auger borings (nine at five feet
and one at ten feet), twenty-three test borings (twelve at ten feet, six at fifteen feet, and
five at thirty feet) per ASTM D-1586, and forty-five asphalt cores to establish the existing
thickness of asphalt at key locations. Actual locations shall be as directed by
CONSULTANT. Cost shall be limited to the maximum not-to-exceed amount of twenty
thousand six hundred twenty-six dollars ($20,626), consisting of the original contract
amount of eight thousand dollars ($8,000), and an additional twelve thousand six hundred
twenty-six dollars ($12,626) Amendment N04. Unused amounts in this allowance shall be
credited back to the CITY at the completion of the project.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this
Amendment NO.4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.3 to be
execut~ in t~ei~ names by their duly authorized officials as of the date first set forth above.
. "~
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City ,CI~rk '.-
r "Rdb~~t Parcller
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ATTEST:
CONSULTANT:
WOLFBERG ALVAREZ & PARTNERS
#'~
Secretary:
~\lid A-. \No\fbe r~
Print Name
JUUo
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
tfM IAt(L.J~ . /"'/7-06
~ Date
o L F B E R. C
ALVAR.E
November 15, 2005
Via Fax: 305-534-8887
Hazen and Sawyer, P.C.
975 Arthur Godfrey Road
The Giller Building, Suite 211
Miami Beach, Florida 33140
RE:
City of Miami Beach
Right-of-Way Infrastructure Improvement Program
South Pointe Streetscape Improvements - Phase II
W A Project No.: 2203700
SUBJ: Request for Additional Services for Geotechnical Evaluation
~Ec..FnlED
. ~'J) SA \VYER P.
MilUUi BeCiC\' ~ ,.C.
", r'orlda
Nav 232005
~ ,~ ,B:lz f2.,:p
JQb NO'1 n ) I -
. .,.~~/..~
AT1N: Mr. Richard W. Saltrick, P.E.
Project Manager
Dear Mr. Saltrick:
As required by Task 6.4 of the agreement with the City, we have received proposals from two
fmns to perform the required geotechnical evaluation. Upon reviewing the proposals received
from Nutting Engineers and KACO Kaderabek Company (copies attached), it is our
recommendation that the award be given to Nutting Engineers. The geotechnical exploration
services are delineated in our agreement under reimbursables for an amount of $8,000.00. 1bis
line item needs to be amended to cover the revised proposal.
The proposed fee breakdown follows:
Nutting Engineers: $ 18,970.00
W A Coordination: $ 1.656.00
Requested Fee: $ 20,626.00
We have attached the two proposals and a drawing prepared by our office delineating the
required location of the proposed borings.
........................................................................................................................................................................................................................................................
1500 San Remo Avenue, Suite 300 Coral Gables, Florida 33146 Telephone (305) 666-5474 Fax (305) 665-0800
AA 0002416 EB 000 2354
Mr. Richard W. Saltrick, P .E.
Hazen and Sawyer, P.C.
November 15, 2005
Page 2
Please review this request for additional services. If acceptable, please issue an amendment to
our agreement in the amount of $20,626.00, or an additional amount of$12,626.00 ($20,626.00 _
$8,000.00).
Should you have questions, please feel free to contact me.
Sincerely,
Attachments
cc: Bert Vidal, P.E. - H&S
Julio Alvarez, P .E. - W A
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1~-03-'85 11:15 FHOM-NuttlnQ CDgIneers
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~NUTTING
Ie ~~~!~EERS
ESTABLISHED 1967
Geotechnical & Construction Materials
Engineering & Testing · Inspection
Environmental Services
Offices throu
www.nuttingengineers.com · info
July 25, 2005
Revised September 30, 2005
W olfberg Alvarez
Mr. Roberto Cardona
1500 San Remo A venue
Suite 300
Coral Gables, FL 33146
Phone: 305-666-5474
Re: Proposal for Georechnical Engineering Sel'Vices
City of Miami Beach
South Pointe ROW Improvements (phase ll)
Miami Beach, Florida
Project No. 2'lm7
Dear Mr. Cardona:
Submitted herein is our proposal/agreement for performing geotechnical engineering scl'Vices at the
referenced project per your request We understand that the proposed improvements include
sto11l1water, water and streetscape. The streetscape improvemenlS complise pavement, pavement
marking, signage. landscaping, inigation and lighting. The storm water runoff win be colJected by
an interconnected catch basin and conveyed by gravity to five pump stations with injection weJl
systems. Additionally. the system will be connected with two existing outfalJs controIJed by two
weir structures. The minimum cover of the pipe wilJ be approximately 2 feet The pipe sizes will be
15 inches, 18 inches, 24 inches, 30 inches and 36 inches. As part of the proposed improvements. all
the roadways and aJleys will be renovated. Renovation of the roadways will consist of pavement
reconstruction, new pavement and pavement resurfacing. New 8 inch water mains will be built
through the alleys., Lenox Avenue and through 41h S~ between Michigan Avenue and Lenox
A venue. A site plan has been forwarded to OUf office indicating the subject area as well as proposed
test holing locations. AJ agreed, manual auger borings will be perfolmed at locations identified
within the alleyways. The use of manual equipment in the alJeyways was necessitated due La the
abundance of overhead powerlines which makes operating a drilJ rig in these areas very dangerous.
The decision to utilize manual equipment was authorized by Mr. Gorky S. Charpentier, P.R. of
HNTB Corporation via an e-mail sent to Mr. Robert CaJ'dona on September 28, 2005.
Scope or Work
1. Pelfonn nine manual auger borings to a depth of five feet and one 10 feet manual auger
boring in the alleyways at locations identified on the site plan. Perfonn tweJve 5 feet test
borings along the primary roadways. Perform twelve 10 feet test borings at the man
holes/catch basin locations. Perform six test borings to 15 feet deep at the man holclcatch
2
1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDA 33426. (561) 736-4900. Fax (561) 737-9975
Browatd (954) 941-8700 · HlDsborough (813) 866-8800 . Miami-Dade (305) 824-0060
. ll!!-lti~-'I!!~ 11: 10 FHOM-Nuttllg Hngmeers
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basin locations and five 30 feet test borings at the pump station locations. The standard
penetr.mon test boring method, ASTM 0-1586, will be used when performing drill rig
borings.
2. An engineering lechnician will clear utilities at the location of each test boring through
Sunshine as required Please Dote that the company performing an excavation or test boring
needs to perform the utility clearance.
3. Development of maintenance of traffic plan by project manager.
4. Laboratory testing may be petformed depending on conditions encountered; for example,
organic content and water content tests on organic soils.
5. Detenninc asphalt thickness at forty five locations utilizing core machine. The asphalt cores
will be labeled in the field and measured with calipen at our office.
..
6. Upon completion of the test borings, the project geotechnical engineer wi 11 inspect all
samples, set up appropriate laboratory tests in conjunction with Wolfberg, Alvarez &
Partners as may be required, perform appropriate analysis and prepare a report of
recolIUllendations. The report will discuss subsurface conditions encountered and present
recommendations for pipe bedding as it may be related to organic soils, soil parameters for
design of tempor.uy shoring systems, passive earth pressures for thrust block design,
dewatering and other geotechnical considerations that may be required. Additionally, our
report will include foundation design recommendations for support of the proposed lift
stations. The report will include graphic logs of the soil test borings and laboratory test
results that may be perfonned.
Fee Schedule
The above indicated scope of work will be perfOlmed for a cost of $18,970.00 based on the
following quantities and unit rates.
Mobilization of driJJ crew (5 days)
$200.00
Standard penetration test borings (420I.f.)
$ 12.5011.f.
Manual auger borings (10)
$100.00 each
Asphalt cores, including measurements (45)
$55.OOIcore
Utility clearance by engineering technician (20 hours)
$50.OOIhour
Maintenance of traffic plan by project manager
$500.00
3
~NUTTING
~ ENGI~~~~~NC
ESTABLISHED '18'
.19-03-'05 11:16 FROM-Nutting Engineers
~fjl'/'j'/'j'j'I'::J
l-~~H t'1l11/Jli1 rJrJb r-lS;SlJ
Tmffic control:Signage, rnuTicades and cones (5 days)
$600.00/day
$200.OOIday
Flag Man (5 days)
Permit acquisition
$200.00
LaboralOry tests that may be required - organic content (15 each)
$40.OOItest
Water content (IS each)
$15.00/test
Engineering services - 32 hours
$85.OOIhour
We can proceed with the field exploration within 2 to 3 weeks upon receiving your authorization
and could provide more than one drill rig if required. We will complete our analysis and report
preparation in a timely manner.
We appreciate this opportunity to submit our proposaVagreement to you and look forward to
working with you on this project. Should you have any questions, please do not hesitate to contact
Scott Ersland - Division Manager, Rick Wohlfarth, P.E. - PrincipallDirector of Engineering or the
undersigned at your convenience.
Respectfully submitted,
NUTfING ENGINEERS OF FLORIDA, INC.
Scott ErsJand
Division Exploration Manager
James J. Flaig, P.E.
PrincipaVChief Engineer
Reports and invoices will be addressed to the client us listed below lmlcss other instructions are
provided in writing with this executed proposal. The undersigned, as an authorized
representative of the entity listed below, approves this proposal and agree to be bound by the
terms and conditions contained in this proposal. We note that our terms are net thirty days. Any
invoices over thirty days will be assessed u 11/2 percent service charge.
SIGNATURE:
DATE:
PRINT NAME:
TITLE:
ADDRESS:
PHONE:
FAX:
4
~NUTTING
~ ENGI~~;~A~NC.
esTABLISH EO llllT
1~-~3-'~5 11:16 FRQM-NuttlDg ~lneers
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T-~I:H t'l/Il/1~Hn'o r-~;so
SpecifiC T_ Md Condlliclfls
For lINt fJ/JIPOM Of ItrIs ~ the adlnasee Of this ptf1pOA/ wit be ~ as lINt Cliell/. .,.1Ie difInt is 8lIpeC/8d 10 fumiBII NUTTING ENGINEERS OF
FLORIDA, we. ('Nt.JTT/NG'7. willi IlXUtaIe ~ .~ $Irelch 01 SLWlIf tIItdIor siIe plan, COIIIlfruCIiorr ~k:aIlans as apprtpfaIe.
dInaiIs Of ~ alIMlrUcIiclrI incJuIItIg ",. ~ sIIut:IcnI syaIIIJI and IDlIciI or f'IIIsIIng ~ P1VI*m iIIomIIlIon WId sllellCt:BllSibillt
infonneliatl.. ~ OIIwinfomlMioa ~ _ybe dI1t8lItIdjft... ~PfOI)DAI. IF ANY CONDITIONS CHANGE such.. buItIng
~. IoatIng, pmjtIct ..,:- ~ or ...... ... C'llrIIftanI - ~ NUTTING ShotIIft be ndJIitId ~4' In IWlI/ng IIbod ..
cllaIIf1tId lXIIJdIUon for"""'lWlIilIw IItd ccmrlllfll.
DeIIwry - SdleduIed upon Ieceipl 01 WllrilIIn 8UIhcIIi2Pon to pIlICe8d and deposIl unless oIIleI anangemenl8 .... agreed 10 it wriliIg. AddiIionat rIpOft
copies can be Pftl\IidIId lor . namhll ... 10 lhe CIenI. NU1'TlNG wit eIl8ftliIe appnlprilllt I1l8aIlftIIlo 8nan prDjecl completion wlINn . re.lIOflIIble
lime f,.,.. subIec:I III uIIIng WOlllIoIdI. However. NUTTIIIG wi rQ be held reIqllInIIbIe lor unavlilabillly 01 ~ry projIIct daIa .nd.... accea
wihllhe time tame agrIlIId upon for the invesIIgatlon. PIajecI cIelilrery may be deiayId if.. ENTIRE algned JlIUII08II and depoIII... nat IICeIved in .
limeIy _. The ENTRE slgned qUOlaIlon IhouId be l8Iumed along with .. tequeSIIId project inlDnnelion. "*....,. pnlpOSlll II valli for 80
dallL
PIYftl8llt - No dIIpollt ....- with IIgned "__IlL Balance due IlpGIl dIIIwety Of I8pClIl lnIeresl lllhe rate 01 ,"- per _ fIom 30 d.ys
aIIer dale 0I1IlvoIce 10 dIIe plIJlIIlII1t illIceMId wit be er*'-Ito .. arnounIlI rQ paid wIIlin 30 clays aIfer dItIt 01 Invoice. n IIle lMnI ... any IIIw
I/nJIIlng !he 8lIIOIIIII 0I1nI8nt8I or other ctIIlgeI permIUed 10 be coIecl8d IIIrll8rpqt1d 10 thai tills chaIge viola... IIICh law IDr anv raaaon. Ihe InIerasI
CIIarglIIa '-tby recU:8d to .. 8lIIlInI '-Ury III elmlnallt IUCh vioIaIon. All aIIomey Ieee end ...- aasoclllecl wiIh coIIecliDn 01 plllll due
IIWOIc:ee wII be paid .. CIIInI.
GIMAI Terma and CondIIIaM
1..- - NUTTING malnIaf.. Workera' Coqlenullon and ~ LIIbiIiIy IIlIUr8IICe in conIorrnance with ataIll"". ... addlIan, WIt maintain
C~ General LiablIily lMlJrw1CIt and Aulomabile Uabiay -..- with IIodIy Injwy I/nJiII 01 $',000,00o.00 and property damege 1m" 01
51,000.000.00. A cerlIIcalIt 011_ can be .rppIed evi.ndllll such coverage which COIIIainI a ... prcMdinD .... fill... d8yI wrilIIn noIIce be
given prior 10 C8IIC81at101~
RlghHl-E.., . lHltII oIIwwiIe .... CI8lII WI Iurr1Ih rigN-af.e'*Y on the fIRIPIrlf lor NUTTING III __ .. planned boringa. ..."., andIor
ellplordonl. NUTIING wII not be ,..,.1IibIe lor IllnIcMlg 1--. .... ...., vegelaIIon or olMr CIIllIbucIIone for putpCIM8 01 our inwe8IIgatIaI~
MlIfTlNG wit taIle I88IOI1IbIe pnIC8UIIona 10 ...... damage 10 lie JIRlPIfIY CII.-d ~ IlIlll1U11Jrnln and ampIng procetbes. but.. COlt 01
IWIDI'IIIon 01' dMlagt IItillIIIIlIIY ...,. fftIm lhe pI;IIlIIId CJp8I8IianI fa nat inc:luded in lhe conlnacled amou~ If CIenI de8inll1o rastore 1M pnIp8IIy to
iIlI runner condiliDn, NUT'TlNG wIIl1CCllft1Pl11h "* and add .. COIIt eo .. ....
Dam... 10 Eldallng ........... 0bjKta. n a/lIII be .. .....Mlv 01'" Owner or IlII d~ authorirect ~ 10 dIIdoee .. pnIS8IlC8 .nd
accul8le IoCIIIIon 01 II hIddIn or oblIc:ure III8IHII8dI objecIa ...... eo routes oIlICCIIIa. Iield ..... ~ or boring IucaIionL When cauIIaned,
aduieect 01' ghen da.. in __1IaI...... ~ or /XlIaIIliIII pnIMIlIllt 01 undeIgruund or -1lRUld obIIrucIIonI, IUCh .. ulllllM.l8pIic tanlce.
eIc.. NUTTING .. gIwIa ....lnIItuclIclM 10 lalietd plIraOI1IlII. NUTT1NG IllIV ___ tpIICIeI-...to be ~ III pouIbIe acIdIlorW coet tor
drillng lII*.....lIIIIIIn alMnly IaalIIIIaraI dIIIlInat III ~ As MlInced ~ l/lllIf 1IaPbU- ollila JlftIPCIA/. CIIaI-. .... eo IndemnIIy lIIIII
- IIaImIIIIu NUTIING '''''' II cIaIma, 1UHa. Ioaa, per-.! ..... dealh and pnIp8IIy ...., NI8IIDIg from ....... ......... c:ordiDnI 01'
damagea to .....,.. ....1IGIureI, owned br CIIInI 01' !hid ....... _Ing in .. peItoI_ 01 .. PRlf*8d .ale. ...... pr__ and ..a
IocaIionI - noI nMIaIad 10 NUTTING in __ IIld 10 rUnIuae IIl1T11NG far ....... n cor.18CfIon will ..., IUCh claims 01' .. Inc:Iucing
_1OIl8bIa aIlorr1er'I'" Nutling wII --- III ullZIt nonnaI CIIIlI In ac:ceulng cII-..g IocaIIcn but_ no IabiIly tor dIIn1aglt to Ihe IIMI,
IaIlCllCllplrv, sprtnIdenI or oilier aulIauIfece objeCIIlhat ocan in the norm.. ClIlIIM 01_ WIIIk.
WarrenlVand UmIIaIIan 01 UlllllIIr - NUTTING ..... pertonn ...... for CIent in . prllllelional manner, ueing IIIIt __ 01 ClInt lIIld IIIdIIIIdInariIy
-.:lAd by and COIIIiIIInI with .. ___ 01 ~ COI1IlIIanIa pracIIcIng In .. sa,. or a ..., locally .. tie pnIjecI. ..... tMIIlI any
portion 01 .. ..... fa.. to c:ompIof will lhiI -.ntr abIgaIan and NUlTING it prumpIIy notiIIed in wriq prior 10 one ~ ... CIlIIIpIeIIon 01 sUCh
portion 01 tile aeMceI. NUTTING wII ra-petfamt IUCh pOIlIon 0I1he .... or . ..-pertormence II ~. NUTTI\IQ w11181und .. amoun' 01
COI1IpIIIlUIIon paid eo HUT1'JlG Iol' IUCII porIIoII 01.. UNlcea.
TIIII -anIy 11 In ... old ather........ No other MlfanIy. ..-ct or Impled, including .......... 01 men:IlanIIIbiil end f__ for . pmticullr
purpose II mada or inIIndId by lie pnIpCI8III tor ClIIlIUlIIng ...... by IwnIIhing .n _..... 01 the findlnga IIl8da or bv ..., repRlllllIIIlol. madt
regadlg ... .."... inaUlect In IlII ~ in no .... .... NUT1'JNG or ..., 01111 ........ .....,... be ...... lor ..., IPlICiaI. Indrect,
incldIInIaI or ~,.... or dImlIgea. iradng but nut IIIIIed III inIpIICt and deIIw CIIima. The,....,... lellartI ..... _ ...... and lhe
lolal liIbIIIy 01 COIlI1llbInI wheIher in c:anar.ca. IarI IlncIudng negIgIIl_ wheIw .. 01' COI1CUlIWIlJ, or ClIIlllnIlIIIe ....1111 out 01. COI1I1ICIect will or
l'I8ul1lng flom ... UIlIlc:eI puvIdIlCl jllnlI8I1IlO IlII ~ IhaI noI ..... fhe IaIIII fees I*d by CIttnI or $50.000.00, whIct-. ill llIUler. ,.
adlillonaI COIl, Client may aIIIaIn a ~ ImI prior 10 IllIfIl"*'C8IlI 01 aeMcea.
For eelVlcel imroIlring or _ling 10 poIIulfon, . illuIther agreed thlt .. CIeIlIlIhIIIllIlIemnIV aNI hold Ilar__ NUTTING and fheir consuIIants,
agenla and ~ lIam and agaiIIII II dIilIIII, dImages. IoIeeI and eapenus, liract and IndInIct or COrII8q\l8llIII dInIDII. including but noI
limited 10 ... ... chIrlIH 01 ~ and court and arIllIaIIan c:mII, arising out 01 01' rnuillntl lrom lie ~ 01 lie ..... .. NUTTIIIG, or
c:taImI agUgt NUTTING arising lnIm .. worIl 01 olheIa. ThII IndemnIIIcaIIDn povIsIon eldendI to ctaImI ......... NUTIING wNch arise OUI 01, .,.
reIaIed to, or .,. ..... upon, .. dIIpoa/, daclIarge, ncape, I8INa or saIIIndIon of vapoII. fumes. addI. all.... IoIIic c:hemIcIIa, Iquids, ...... or
anv other IIllIIItlaI, Jr". CGI1Iaminanl or poIManI in or !no !he ..........e or on, onto, upon, in or Ho .. au... or aubIuf-.
Muting ill to lie suppled wlh c:urram. lPPbbIe.nd appRMd JlRIlect plans 8IId 8PllCiIcIlIonB and .., apprOlII8d.... mocIIIlI:aIIona fhenIlo In a limely
1l18mtIr. Milling ia noI retpOIlIIbIe IDr lie ........ or mefIIodI" 01 COIIItrucIIDn on slnIcIuIal inIpec:tloft pICIjeds. Nldlg ICllIlpla no responIitillY lor
accurac:y. vaIdIy or code COfl1IIlInCI 01 conIfacI doQImllllll nor lor ..., c:I8lms reIaIIId 10 'ml*r 01' indoor IIiI quaIIy. NuIIng Is not NIPONII* Iol'
consIrucIfon . saleCy. NullIng E~ .ale is nallnBIded to be used IDr 8IWImI.meI1IaIlII' llllIllari1aIt IlIIaIect IlII11ua1on and IItouId no! be used
or nJIIed upon lor lIIese plIlpClU8 u..... oIIIeIwIee expIIc:IIIy alaIIld .. NUllIng In wrIIng. An, and .. CIUIeI 01 action arIeIrv out 01 ,..... pertormonclt
of the Work ....., be d--' 10 '- lICI:rUed and Ihe lIpplicabIe IfaluleI of ImlIallonllhall CClItlII'III1Ce to ruIl not IallIr \hen the d8Ie 01 Nutmg's Iall
invoice lor.. Work prtIformed '--ndeI.
Sampling or T..ung LoaIIan - UI1Iea 'II8CI/l:aUy lIl8ted to .. anra.y, ... unII .... n:fuded in IIiI pI'CIp08aI do not include COSIS _oc:lelec:l wi'"
plOlnlionllland surve,ing GIllie . or the accurlle horizonIaI and verliclllloclllonl oI....L Field.... or boring locaIiona deecribeclln our replII1 or
~ on our sIc8lches - baud on IpIClilic notmIIIon lwnialled to ua by 0lheI8 II1d/or ........ made In the field by our *"nIclans. SUCh
dImenIlorw. dep\hI 01' etev..... should be CllnIIderM as IPPIOIIiruUune .... oIIleIwiae alaIIld in the raporI. . Is 1IIldersIood..... .. cdk1g IDcatonI
In ac:cesslbIe 10 ~Ilblll N::k mcIW1led driIIng equIpnent unteee oIIwwiIe IIJlICIIIect Il1Ihe cIienL IlIllllChedulect I'lIIIlIIbiIIra or... GI poIIIbIe or all
IeIraIn 8qlipmenlll requinld 8ddIIonaI dIaIges ~ IIppIJ. NU'TTIIIG ViiI *""Plio clNr .... II CIUI' _1IonIIeel1DCllllonl" mIr1UlIl drilIng 10 3 below
land...... (BLS). /Iorrf U.11IIbbeII\.cIonI present at CIIIrIlPlICIiIcIlaslloaIIIonIlII' belOw 3' 8lS wlI be.. /eIPCIMIIIly ollle c:IlenI.
5
@NUTTING
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ESTABLISHED 11111
. 19-03-'05 11:16 FROM-Nutting Engineers
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Sample HIIJd", and Aelenllan - Generaly sol IltIl sampI8a .... l8lained lor 8ppl'OlCimatefy lhnHt monlllS after which In. they will be d1SCllfC1ed
unIeII8 Millen InstrucIionlIID lhe l:llIIIrary.... received Irom the d-.
Jalnt and S....... LI8blIl,. The aJI1l:lIIll 01 joint and __ IIbIIty 118ICplained as IoIows: When IMl Of more pIII1ies .... considered I'ltIl)ORdIIe lor
causing ir1urY 01 clIIIlage. an, one 0/ 1he parliII may be made to pIOIride COIIlp8IlSlIIID tor .. much .. 100'l10 01 'lie dlIrII8g8I-.-l. When appIed
10 hIzardous IllMIIiaIa JIRlIecIII, I II IlI*iIIIIIIl8l 'lie concept 01 joint and _III Iiabllly cauId be cortIlIUed 10 malut NUTTING p&ItIy 01 whally
AIlIpOrIIibIe lor dInlIlD8I C1U1d dIr8c:lIr Of indIrecIr." Ihe hu8RIaua........... CIeIlt agr_lhal iI WOlAd be lriaIr tor NUTTING to be eICpOUd to
8Ul:h ." aclion, becauIe NUTTING h8d Idling ~ 10 do .111 ... c:nI8Iion 0I1he hmIrdIIuI condltorL AccaIdIngIr, CIent waN. -11 Claim
llgaNl NLJTTING. IIIId .-10 deIend, IndemniIy IIlId save NUT1'WG hatmIIIIlram any CIIIm or 11abl1l, lOr ~IIIY Of Iou 8IiIIIng Iftlm appIcdon oIa
jairt II/lcl ___ iallllllr c:onc:eplllllll -*I. In any 1lIII1I1Il'. hold or .... 10 IlaId NUTTING IlIIpGtI8ItIe far creallnD a huaRIauI condllon or permillIng
one to exllt.. CIIlInI allO .... to oompenule NUTTM tor any he ..... and 8IIpIIISIIa incurIed ." NUTTING In ..... aI any IUd1 dMn. wilh
&uCtt _npennlion 10 be b8Ied uplII\ NUTTlNG'lI ~ llell:hadule and ellp8rM relm1lurun1en1 policy I8IalMIlD I'lIlXMIIY aI direcl projecl COIIII.
Legal JurllIdIcllan . The paIliea ... lhaI any aclions bJougIIIlo Infon:lr lIIIY prcMslDn a11hi1 Agreement IhIlI My be bIaught In a ClllIrt aI compelent
lurildclton lacateclln P* ..... CGunl" FlorIcIa.
"- ...... . NUTT1NG'" IIIIlIllt I1Bld I8IPOl1IIIIe lor q dBIay or faIu.. In pellonnance d ..., pitt 01.... AIJeemenllo the eIlI8nI such delay Of
,...... II cauI8r:I ." ... IIood, apkIlIian, _, ...... enD8rgo, govemmenI requirement. cMI 01 ....ry aulhollly, ... aI God, act 01 ornllllon of
.,bcOnlrIClOrI, ca'riIlI, cIIlInI Of olhW IImIIIIr '*- b8)'IDnd .. COIIbltl.
DocuIMnla - NUTTING ... be enIlI8d to Nllvupon lie 8IllUIICY and ~_ otllllUM/!ll. .... and irlIclnMIion f~ by Ihe cIIenl H
condlIlor1I dIIeIenIlrDm __ deac:rIIecI in CU' I8pOIt ... found .. ... iii.. NUTT1NG shlUc:Illlt naIfIIed In wriIlng ImmediIIefy upon ~.
NUTTING ~ ... .10 r8lriae cancIuaIonIlIIId I8ClIrMWllIaIDn ~ In 'lie InalI1lpOft should addIIilnIlnIonolItIon reglIrdng the projec:I
become arailIbI8. AU penIIb will be oblalnIsl by oIhr:rs UIIIl:M olherwl8e apccIlIed 1ft thIa pnlpCl8lII ,.. In WI1llnC 10 NI1TnNO. NUTI1NO b8II
no IIabnlly fur CVI18eqUllllClell 11llnConnallou lUll pnMdcd << unaVlaI.bte or otherwlae not rewkwcd << Iwowa fl'Ollltbe norlllal MNrccs
CQllIlmartly exalllincd by Nl1rI1NO In auch fn~ Wltbln the time Inane altDM:d b lb. flM:stl&KtJan under tllla aweanenl. "le
cIIl:11l, eollUa tdcalU8ed in wrIl1nC on tho acid.... pao1tDn 01_ repcll1. dealgn learn pI"ClIfnMonaiI enJllll:d by ClUI' cJIe8llllld bulJdItlS
olDclal stilII' an a1lftled to _ and rely upun Nt1rnNO'S repot1e fol' )JIII']IONS of the r.urrent pNjcCl.. Olbcc plb'lIea are not autJuma'CIlo
use or rely upon NUTnNG'S n:port. !mlen NUTnNO 1IO ldate. In wrlUIlg.
cc Scott Ersland, Rick Wohlfarth. P.E.. Kristina Solan
Wolfberg Alvarcz-SoulhPointe ROW improy rcvprop.se.bh
6
~NUTTING
~ ENGI~~~~A~NC.
ESTABLISH EO 1..7
NE . SpecltIc ContrIIcl T_. and
CondIlIona, 5_'8_04
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FAX TRANSMIT'] ~L
KADERABEK COM' 'ANY
9565 NW 40 STREET ROAD. 1fJ"AMI, FL 33178
TELEPHONE NO.: 305/. >>68-3563
FACSIMILE NO.: 305/656-3069
TO:
FAX NO.:
FROM:
ROBERTO CARDONA
305/666-4994
DA TE:
BARRY R. GOLDSTEIN, ':J.E.
OCTOBER 3, 2005
7
NUMBER OF PAGES:
RE:
SOUTH POINTE
KACO PROPOSAL NO. 0; i-325
ORIGINAL WILL FOLLOW VIA U.S. MAIL
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KACO
KAOeRABEK COMPANY
. Georl1chmc:~1 Englnoenng . FoIJ"dadon Eng1nallring . ConsmJellon Mlllerfale: T;abng . Soil BoringS/Monlror Wella
Thomas J. Kaderabek, P.E.
Barry R. GOldstein, F'.E.
9565 NW 40th Stre It Ad.
Miami, Florida 3: 178
PhonE>: 305/666-3663
Fax: 305/666-3069
September 29, 2005
Mr. Roberto Cardona
Wolfberg Alvarez & Partners
1500 San Remo Avenue, Suite 300
Coral Gables, Florida 33146
Re: Proposal for Subsurface Exploration and Geotechnical C, Insulting Services
Proposed South Po;nte Right-of-Way Improvements
City of Miami Beach, Florida
KACO Proposal No. 05-325
Dear Mr. Cardona:
Kaderabek Company (KACO) is. pleased to submit this Pr, lposa' as a result of your
recent request This Proposal describes our understanding of th ! project, lists a purpose for
our work, suggests a specific scope of work, and presents our co npensation.
PROJECT INFORMATION
Information about this project in the form of a fax transmitt II which included a project
description and site plan of proposed testing locations was provid~. It is our understanding
that the City of Miami Beach is making drainage and road improVt !ments in the area south of 5th
Street and west of Washington Avenue. The proposed improverr ents include stormwater,
water and roadway repavina.
The stormwater runoff will be collected by a system of inter :onnected catch basins and
conveyed by gravity or hydraulic pressure to 5 pump stations with injection well systems. The
system will be connected with 2 existing ourtalls. The minimum cc ver over the pipe will be
approximately 2 feet. The pipe size Will range between 15 to 36-ir ches in diameter. The
drainage pipes will be installed through 4th Street, Second, and Aft m Road.
As part of the proposed improvements, all roadways and all ~ys will be renovated. The
renovations of the roadways will consist of pavement reconstructio 1.
WOlfberg Alvarez has provided a drawing indicating the test locations and the type/depth
of tests. KACO personnel have not visited this project site; howevt r we understand that the s;te
is accessible to truck mounted drilling equipment.
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AAUb~bA ~UMYAN~
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Mr. Roberto Cardona
Wolfberg Alvarez & Partners
September 29, 2005
Page 2
PURPOSE
----....
The purpose of our services on this project will be to eXf lore the subsurface conditions,
to report the data collected, and provide technical discussions/. 'pinions on pipe bedding,
pavement recommendations, foundations for pump stations, sc il parameters or temporary
shoring systems, dewatering recommendations and general sii 9 conditions that may have
geotechnical significance for pipeline and roadways constructioll.
PROPOSED SCOPE OF SERVICES
We propose to perform the following specific scope of SE 'Vices:
1. An Engineer from our office will locate field tests USing a ~Ioth tape or survey wheel and
measuring from existing site features. All tests will be pe formed within existing street
right~f-ways. The Engineer will place borings at location; which are indicated to be free
from underground utilities. KACO cannot be responsible for damage to underground
utilities or structures not identified to us. We wil. contact I =Iorida Underground Location
Service regarding the location of underground utilities in t 1e area of the test borings.
KACO personnel will meet with utility representatives at e Ich test location in order to
confirm that test locations are free from underground utim es. We request that the City of
Miami Beach also assist in locating utilities.
2. Perform 45 standard penetration test (SPl) borings. The borings will be performed in
the general locations shown on the draWing provided. Th.! depth of the borings will be as
foJlows:
- 21 to a depth of 5 feet
- 13 to a depth of 10 feet
~ 6 to a depth of 15 feet
- 5 to a depth of 30 feet
Pavement thickness will be measured at all boring locatior s
3. We will utilize traffic barricades and cones to alert traffic a1 out our work activities. We
will position our equipment to minimize interference with VE hicular traffic in the travel
lanes. AU borings will be backfilled upon completion. If bo ings penetrate pavement
sections, then the pavements will be patched. We have n( t included the cost of FDOT
\l!I!!! maintenance of nmc (MQ!}. If lraIlIc ~ suclu , 1Ii!!l"- or !!OlIce are
reaulred. we have not Included that cost In our _rk.
3. An Engineer from our office will classify and stratify the soil samples recovered from the
borings. A software generated record of each boring will be prepared.
4. Prepare a Boring Location Plan drawing showing the propo ied pipeline alignment and
boring locations.
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Mr. Roberto Cardona
Wolfberg Alvarez & Partners
September 29,2005
Page 3
5. Prepare a Generalized Subsurface Profile graphically in lieating the subsurface soil
conditions encountered.
6. Provided recommendations for pipe bedding and pump :tation foundations.
7. Provide soil parameters for passive earth pressures for 1 lrust block design, temporary
shoring design and dewatering.
6. Prepare an Engineering Report for this project which will include the data collected. the
field test procedures used. and technical discussions/op 'lions on relevant geotechnical
issues associated with pipeline. roadway and pump stati m construction.
COMPENSATION
We can complete the scope of services described in this Proposal for a lump sum fee of
$23,800. Our lumD sum fee assumes that Dsrmits will not be re Juired for the field soli t~st
borina activities and tfJat off--d4IfY police Dersonnel or other MOl will not be reauired associated
with our work within DubUc rig,ht-of-wavslroadwayS. If MOT is n quired, we will invoice the work
ana cost plus (15%) basis. Our Invoice will be presented along with our Engineering Report.
Payment terms are due upon receipt.
AUTHORIZATIQN AND SCHEDULE
We ask that you complete the attached Professional Se" ices Agreement to serve as our
authorization to proceed. We can begin work on this project ab..ut 2 weeks following
notification to proceed.. About 2 weeks will be required to campi rte utility clearance and field
testing. The Engineering Report can be prepared about a week following the completion of field
testing.
CLOSURI;
We look forward to the opportunity to work on this project If you have questions about
information contained in this Proposal, please contact our office.
Sincerely,
~RABEK
~~. stein,
Vice President
Attachments: Profess onaf Service Agreement
Distribution: Original to Addressee via U.S. Mail &Fax 305/666....e 994
Copy to KACO File
ll5-325-WolbqNlllrlR.8D\l1h PClInl8 ROW-Ml8ali 8""""-81_r f',"~2II-05
KACO
KAOERABEK COMPANY
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KADERABEK COMPANY PROFESSIONAL SERVICES AG ~EEMENT PAGE! 2 OF 3
The duties and responsibilities of the Special Inspector or his duly authorizE d representative are limited to Observing and
reporting on oonstnJction of structural components to \Ierify substantial confonnance \A Ih requirements of offlciaI contraet documents
or if not in conformance, the location and description of specification deviations.
The SpeelaJ Inspector is limited to providing inspection services for the S rucb,nitl frame of the buJding. incfuding the
foundation and all items included in the inspection plan for this project. The speci II inspection plan should be developed as a
cooperative effOrt between KACO and the structural engineer. Special inspectior does not include inspection, reporting, nor
responsibility for saf&ty provisions required by OSHA or other toeal safety requirelTM 1ts. Special inspector respomiblities ~ om
include: glass components or frames, permanent or tempol'Bl'Y metal or wood hand n ils, fire protection or fire roofing, mechanical,
plumbing, electrical components including systems or supports, architectural QOf11por ents IllCIuding archltedurat precast concrete,
stonework, brickwork, and oth.. elements not contributing to the perfonnance or thE cepacity of the structural building frame.
BlWNG AND PAYIIEI!
CUENTwUl P8Y KACO in accordance with the procedures indicated in the Jl oposal and 11& attachments. Invoices will be
submitted to CUENT by KACO, 8Ild win be due and payable upon presentation. 11 CLIENT objeds to aU or any portion of any
invoice, CUENT will so notify KACO in writing within fourteen (14) calendar day of the invoice date, identify the cause of
disagreement, and pay 'When due th8t portion of the Invoice not in dispute. The parti. , will immediately make every effort to settle
the disputed portion of the Invoice. In the absence of written notification de&aibed. we, the balance as stated on the invoice will
be paid.
Invoices are delinquent If pclyment has not been received within (30) day from date of invoice. CUENT wi. pay an
addition., charge of one-and-one-half (1.5) percent per month (or the maximum percE 1tage allowed by law. whichever is lower) on
eny delinquent amount, excepting any portion of the inltoiced amount 10 dispute 2 nd resolved in favor of CUENT. Payment
Ihereafter will first be applied to accrued Inlelut and then to the prineipel unpaid all )unt. All time spent end expenses incuOlld
(including any aUomey's fees) in connection with coDection of any delinquent amount viii be paid by CLIENT to KACO per KACO's
current fee Khedules.. In 111. event CUENTfails to pay KACOwilhin sixty (60) days a1I H' jnvoice&are rendered, CLIENT agrees that
KACO 'tNi11 have the right to consider the failure to pay the !(ACO's inv0ic:8 as a Ilreat h of this agreement
TERMINATION .
This agreement mey be terminated by either party seven (7) days after wril en notice 11'1 the event of any breach of any
provisjon of this lIQr8emenl or in \he event of substantial falure of performance by the Jther party, or If CUENT suspends the work
for more than ih,. (3) months.. In the event of termination, KACO will be paid for servi :es performed priurto the date of termination
plus reasonable termination expenses, including, but not limited to the cost of complet 19 analyses, records, and reports necesaary
to doaJment job status at the time of tennination.
DISCOVERY OF UNANnCIPATED HAZARDOUS MATERIALS
Client represents that Client has made iI reasonabje 6rtto evaluate ;r hazai :taus materials are on or near the project site,
and that CUENT has informed KACO In writing of CLIENT's findings relatillG 10 the p lSSible presence of such materials.
Huardous material. may exlat lit . site where th.,.. is no reason to believe' 'ley could or should be preMnt KACO.nd
CLIENT 8g,. that the discovery of unanticipeted hazardous malerials constitutes a cI anged condition mandating a re-negotiation
of the sCOpe of work or termination of services. KACO and CUENT also agree 'ths the disc:overy of unanticipated hazardous
materials may make it necessaIY for KACO to take immediate measures to prof, ct health and safety. CLIENT agrees to
cornpensete KACO for any equipment decontamination or other costs incid8l1t to the discovery of unanticipated hazardous
materials.
KACO agrees to notify CUENT when unanticipated hazardous materia . or suspected haardous materials are
encountered. CLIENT agrees to make any disdosures required by law to the appropril Ie goveming agencies. CLIENT also agrees
to hold I<ACO ttermlesa for any and all consequences of disclosures made by KACO i/hich are required by goveming law. In the
event the project site is not owned by CLIENT, CUENT recognizes that it is CUENrs I tspansibility to inform the property owner of
the discovery of unanticipated huardous materials or suspected hazardous material .
Notwilhatandlng any other provision of the agreement, CLIENT waives any :Iaim against KACO and, to the maximum
extent pennitted by law, agrees to defend, indemnny, and save KACO harmless from lny claim, liability, and/or defense costs for
injury or 1051 arising from KACO's discovery of unanticipated hazardous materials or sa .peeled hazardous materials. induding, but
not limited to, any ooste crellted by delay of the project and any cost associated witt! possible reduction of the property'1J value.
CUENT will be responsible for ultimate disposal of any samples secured by KACO W lich are found to be contaminated.
RlSKALL~nON
Many risks potentially affect KACO by lIirtue of entenng into this agreement to I erform professional engineering &ervices on
behalf of CUENT. The principal risk is the potential for human error by I<ACO. For I ,LIENT 10 obtliIln Ihe benefit of a fee which
includes a nominal 8'owance tot deeling with KACO's liability, CLIENT agrees to limft KACO's liability to CUENT and to all other
parties for daims arising out of !<ACO'. performance ofUle services described in this & Jf88rrlent The aggregate liabirlty of !<ACO
WIll nol exceed $25,000 or the amount of our fee whichever is greater, for negligent pi )fessionals acts., errors, or omissions, and
CLIENT agrees to Indemnify and hold harmlesa KACO from and egalnat allliabilltiea n excess of the monetary limit established
above.
limitations on rl8biJity and indemnities in this agreement are business undersl Indings between the parties voluntarily and
knowingly entered into, and shall apply to all theories of recovery including, but not Ii niled to. breach of contract, wamanty, lort
(inclUding negligence), strict or statutory liability, or any other cause of action, except Dr willful misconduct Of' gross negligence.
KACO
KADERABEK COMPANY
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KADERABEK COMPANY PROFESSIONAL SERVICES AGi tEEMENT PAGE 1 OF 3
THE AGREEMENT
This agreement is made by and between Kaderabek Company, hereinaf er referred to as KACO, and the Client as
identified on the lest plllge of this agreement.
The agreement between the parties comsists ofthis agr.eement, the aUachel proposal identified by ~e pro~$al num~,
shown in this agreement, and any exhibits or attachments noted In the proposal. Togl lher, these elements Will col'Istitute the-entire
agreement superseding any and all prior negotiations, correspondence, or agreemel t& either written or oral. Any changes to this
agreement must be mutually agreed to in writing.
STANDARD OF CARE
CLIENT recognizes that subsurface concIitions may vary from thOlil8 obae fed at locations where borings, sUNeys, or
explorations are made, and that site conditions may change with time, Data, interpret tions, and recommendations by KACO will be
based solely on information available to I<ACO. KACO is responsible for those data. i lterpretations, and ree.ommendations, but will
not be re&pOnaible for other palties' interpretations or use of the information deveto~ 3d.
Services performed by KACO under1his agreement, are expected by CUEN . to be conducted in a manner cooaistent with
the level of care and skill ordinarily ~rcised by members of the engineering professic 1 practicing contemporaneously under similar
conditions in the locality of the project. Under no circumstance is any warranty, expre lsed or implied, made if' connecdon with the
providing of engineering services.
SITE ACCESS AND SITE CONDITIONS
CUENT will grant or obtain free access to the site for al equipment and pef'$C nnel necessafY for KACO to perform the work
set forth in this agreement CLIENT will notify any and all possessors of the project s" I that CLIENT has granted KACO free access
to the site. KACO will take reasonable precautions to minimize damage to the sim but it is undemood by CLIENT that, in the
normal COUISe of work. some damage may occur and the COlI'ectfon of such daml ge is not part of this agreement unless so
specified In the proposal.
CLIENT is responsible for aa:uralely delineating the locations of all subterra lean structures and utilities. KACO wit take
reasonable precautions to avoid known subterranean structures, and CUENT wan es any claim against KACO liInd agrees to
defend, Indemnify, aDd hold KACO harml... from any claim or liability for inju'Y or I, 58, including costs of defense, arising from
damage done to subterranean lStructurea and utitities not identified or aocurately locatE t In addition, CLIENT agrees to compensate
KACO for any time spent or expenses Incurred by KACO In defense of any such claim with compensation to be based upon KACO
prevailing fee schedule and expense reimbursement policy.
SAMPLE DISPOSAL
KACO WI'I dispose of all remaining soli and rock samples sixty (60) days a ler submission of the report covering those
samples. Fur1her storage or transfer of samples can be made at CLIENT's expense upon CLIENT's prior written request.
SITE RESPONSIBILITIES
When KACO is retained by CLIENT to provide a site representative for th ' purpose of monitoring specific portions of
construction work or other field activities as set forth in the proposal, then the site res IOnsibilities described herein apply. For the
specified assignment, KACO will report observations and professional opinions to (L1ENT. No action of KACO or KACO's site
representative can be construed 8S altering any agreement between CLIENT and ollu "I. KACO wiD report to CLIENT any observed
work, which, in KACD's pmfessional opinion, does not conform with plans snd speclt ~t1ons. KACO has no right to rejed or stop
work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthe -more. KACO's pte&ence on site does not in
any way gUarBntee the completion or quality of the performance of the work of any larty retained by CLIENT to provide field or
eonstn.lclion related services..
KACO wiD not be responsible for and will not have control or charge of Speelfll means, methods, techniques, sequences or
procedures of coostl\ldion or other field activities selected by any agent or agreel lent of CLIENT, or safety precautions and
programs incident thereto.
Periodic observations or monitoring services to be provided by I<ACO at the jl b site. should not be construed as a review of
the adequacy of the contracto(s safety measures. In IIccordance with the generally III cepted construction practices, the contractor
will be solely responsible lor working conditions on the job site. including safety of all p ~rsons and property during the performance
of the work, and compliance with OSHA regulations, and the contractor's responSibllitl will apply continuously and not be limited to
nonne' wortdng hours, .
I<ACO wiD make on-site observations appropliate to the construdion sta, IS underway. I<ACO wiD not assume any
responsibility for the contractor's means, methods, techniques, sequences, or proc idures of construction. The field services
provided by KACO will not relieve the contractor of his responsibilities for perform 1Q the wort in aemrdance with plans and
specit'icatlons.. The words "supervision,. "inspection: or -contror' are used to mea I periodic obsefvalion of the work and the
conducting of tests by KACO to verify substantial compliance w1!h the plans, sped! cations and design concepts. Continuous
ob.ervation by I<ACO Consultants, Inc.'s personnel does not mean the observation of Ilacement of all material. It rather means that
our personnel have been assigned for elght-hour days, or longer if overtime is necel oary, during regular busin... hours.
The Special Inspector, or his duly authorized representative, shall not runctio I as a replacement for the building official nor
shaD he assume the responsibilities of the Architect1Engineer of Record. The presell ;e of the Special Inspector does not alter or
relieve the contractor from his eontl1ldu8l or statutory obligation to comply with aU req Jirementa of the official contract documents
and building and safety codes. Deviations and unauthorized changes from the c ticial contract documents remain the sole
responsibility of the contractor.
KACO
KACERABEK COMPANY
'/V~fVU au~ UO;UU rAA ~V~OOO~VO~
AAUtKAtltA ~UM~AN~
~007
KADERABEK COMPANY PROFESSIONAL SERVICES AGI :EfMENT PAGE 3 OF 3
The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other
parties who may join KACO as a third-p.srty defendant Parties means CLIENT and :ACO and their officers. employees, agents.
affiliates, and subcontractors.
Both CLIENT and KAGO agree that 'they will not be liable to each other, ur jer any circumstances, for special, indirect,
consequential, or punitive damages arising out of or related to this agreement.
DISPUTES RESOL.UTION
All claims, disputes, and other matters in controversy between KACO and ( L1ENT arising out of or in any way related to
this agreement win be resolved by litigation.
Claims will be brought and tried in judicial jurisdiMion of the court of Dade C lunly Florida and CLIt:;NT waives the right to
move the action to any other county or judicial jurisdic::tion, and the prevailing party will be entitled to recovery of all reasonable costs
incurred, including staff time. court costs, attorney's fees, and other claim related ex lenses.
GOVERNING LAW ANDSURVIV~
The law of the State of Florida will govern the validity of this agreement, their Interpretation and performance. If any of the
provisions contained in this agreement are held illegal, invalid, or unenforceable, the lfIforceability of the remaining provisions \VIR
not be impslred. Limitations of liability and indemnities win survive termination of thl . agreement for any eause.
INSURANCE .
KACe represents and Wilrrants that it and its agents, staff and consultants e nployed by it is and are protected by Worker's
Compensation Insurance and that KACO has such COV8fi1ge under public liability ar ~ property damage insurance policies which
KACO deems to be adequate. Cet1lficstes for all such policies of insurance shall t . provided to client upon request In writing.
Within the limits and conditions of such insurance, KACO agrees to indemnify and SIi Ie client harmless from and 8gainst any loss,
damage, or liability arising from any negligent aas by KACO Consultants, its agents, WIff, and consultants employed by it. KACO
shall not be responsible for any loss, damage, or liability beyond the amoun", limilS and conditions of sudl insurance.
KACO shall not be responsible for any los., damage, or liability arising from lIny negligent acts by client, Its agents, staff,
and other consultants employed by it.
OWNERSHIP OF DOCUMENTS
All reports, boring logs, field data, field notes, laboratory test data, ealculatio IS, estimates, and other documents prepared
by KACe as instruments of service, shall remain the Property of !(ACe. No distributic , or publication of KACO documenw shall be
permitted without the express written consent of KACO Consultants. Inc. Client agre IS that all reports and other work furnished to
the client or his agents, which Is not paid for, will be returned upon demand and '^ II not be used by the client for any purpose
whatever.
KACO willl'etain all pertinent records relating to the serviees perfonned for 'period of two years fOllowing submission of
the report, during which period the records will be made available to the client at all -ea.onable times_
ASSIGNS
Neither the client nor KACO may delegate, assign, sublet or transfer his dl Ues or interest in this agreement without the
written consent of the other party.
PROJECT DESCRIPll0N
Project Name: South Pointe Right of Way Improvements- Wottberg Alvi f'8Z
Project Location: Miami Beach. Florida
Legal Description: Not Provided
KAce Proposal No.: 05-325
Proposal Date: September 29, 2005
Scope of work if different from that described in proposal or if proposal not submittec then scope is described here: See proposal
text.
ACCEPTANce
The parties have read the foregoing. understand completely the agreement md scope of work, and willingly enter into this
agreement which will become effective on the date signed below by CLIENT.
Bany R. Goldstein, I.E.
Name and Title of K ICO Authorized Representative
Name of Client, Title, and Date (type or print)
Signature of Clienfs Authorized Replllsentative
CLIENT and Invoice Mailing Address:
Signature of KACO . .uthorized Representative
Telephone Number:_
Facsimile Number:
KACO
KADERABEK COMPANY