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Amendment No. 3 Perkins + Will, Inc. AMENDMENT NO.3 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (AlE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND PERKINS + WILL, INC. DATED JANUARY 17, 2007 FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES NECESSARY FOR SPECIAL AND THRESHOLD INSPECTIONS AND TESTING SERVICES FOR THE MULTI-PURPOSE MUNICIPAL PARKING GARAGE PROJECT. This Amendment No.3 to the Professional Architectural and Engineering (AlE) Services Agreement (Agreement) made and entered this 17th day of January, 2007, 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 PERKINS + WILL, INC., having its offices at 999 Ponce De Leon Suite 915 , Coral Gables, Florida 33134 (hereinafter referred to as Consultant). RECITALS: WHEREAS, pursuant to Request for Qualifications (RFQ) No. 69-02/03, the Mayor and City Commission adopted Resolution No. 2004-25543, on April 14, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Consultant for professional AlE services for the Multipurpose Municipal Parking Garage (the Project); and WHEREAS, the Agreement provides for the planning, design, landscape architecture, engineering services bidding and award, construction administration and reimbursables for the Project; and WHEREAS, the Agreement was executed for a not-to-exceed amount of $1 ,200,788; and WHEREAS, Amendment NO.1 to the Agreement, in the amount of $167,980, was also approved pursuant to Resolution No. 2004-25543, for a total fee of $1 ,368,768; and WHEREAS, Amendment No. 2 to the Agreement in the amount of $415,216, was also approved pursuant to Resolution No. 2006-26327, for a total fee of $1 ,783,984; and WHEREAS, at this time, the City has negotiated Amendment No.3, for the provision of additional services relative to Special and Threshold Inspection Services and Testing of Materials; and WHEREAS, this Amendment NO.3 increases the Agreement fee by $96,630, for a total fee of $1,880,614; and MPPF special insp Amendment No 3.doc Page 10'2 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.3. 2. MODIFICATIONS The Agreement is amended to provide the necessary additional services required to provide the Special and Threshold Inspections and Testing Services, for the Multi-Purpose Municipal Parking Facility (MPPF), as defined by the attached Perkins + Will request for additional services, in their letters dated January 4, 2007 (Attachment "A"), in the corresponding negotiated amount of $96,630, for a total fee of $1 ,880,614. 3. OTHER PROVISIONS All other provisions of the Agreement remain unchanged. 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as per this Amendment NO.3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.3 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA City Clerk By: Mayor ATTEST: CONSULTANT: PERKINS + WILL, INC. Secretary: By: President Print Name Print Name T:\AGENDAI2007~an1707\Regular\MPPF special insp Amendment No 3.doc MPPF special insp Amendment No 3.doc Page 2 of 2 /1 \\AI,- hTTAUI/vICUT . 999 Ponce De Leon Blvd. Suite 915 Coral Gables, FL 33134 AA.c.ooo180 t: 305.569.1333 t: 305.569.1334 _w.perkinswill.com PERKINS +WI L L January 4, 2007 Sent Via Email Mr. Jorge Chartrand City of Miami Beach Capital Improvement Office (CIP) 777 17th Street Miami Beach, Florida 33139 Re: CMB-MMPF Inspection "Pass-Thru"/Reimbursable Services Dear Mr. Chartrand: At Mr. Stephen Baumal's request and after consultation with counsel, Perkins+Will will accept the "Pass-Thru"/Reimbursable of the following contracts for inspection services: 1. Wingerter Laboratories, Inc., Construction Material Testing and Inspection Services and I nspection Services 2. Professional Service Industries, Inc., Material Testing Services 3. DDA Engineers, P.A., Threshold Inspection Services 4. Florida Air Quality Solutions, Inc. (Asbestos Abatement Inspector - work already performed) The scope of work for each of the above services is outlined in their respective proposals. I have enclosed a copy of their proposals for your reference. Additional Services associated with the above or a change in scope of work to that described in each of the proposals above is subject to our review and acceptance. Perkins+Will will accept the "Pass-Thru"/Reimbursable of the aforementioned contracts in order to expedite and facilitate the process of securing the required testing and inspection services as require by local authorities. Perkins+Will can not assume any responsibility or liability for the work of others performing these services. The acceptance of the "Pass- Thru"/Reimbursable is subject to the following conditions: 1. The City of Miami Beach will provide a Hold Harmless/Release of Liability letter for any and all actions of the contractors providing the required services, and/or for their failure to perform their services as required and in a timely manner, including the work of contractor number four (4) above for services already provided. 2. The City of Miami Beach is required to review and accept the work for each of the proposals. Where services are outlined separately and/or duplicated by more than one contractor in their respective proposal, the City shall determine which contractor shall be responsible for providing the required service(s). Nn.TN ....~.tr. I j!tIA I urnol r: ~A~T I ..r:.UI"':. I J'IIRn"J' 3. The City of Miami Beach shall pay the proposal amount submitted by the special inspection service companies (see attached proposals) as they become due and payable. Payment shall be submitted by Perkins+Will with its monthly invoice under the "Reimbursables" section. 4. The extent of responsibility of Perkins+Will with respect to the hiring of the special inspectors shall be limited to processing of the inspection companies invoices. 5. The City of Miami Beach agrees to the fullest extent permitted by law, to indemnify and hold harmless the Architect, its officers, directors, employees and sub-consultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from any action with respect to the hiring and execution of the contracts and injuries or death sustained by personnel with the special inspection companies proposed in this correspondence. If you are in agreement with the above conditions kindly sign in the space provided below and return to my office along with the require Hold Harmless/Release of Liability letter. Sincerely, and against all claims brought against the special contractors in the execution of their work b~ George Betancourt, AlA, LEED@ AP Perkins+Will cc Stephen Baumal Jorge Cano Hiram Siaba Carlos Chiu Accepted: Jorge Chartrand, Director Date: P:\Miami\PrL2004\810059.000 Miami Beach Parking Facility\DOCS\03.0-ClientArchCorresp\03.01- ClientOwnerCorresp\Pass-Thru Service rqmnts.doc ..,. www.""""in...,;lI.enm 18/27/2806 89:46 3056665259 DDA ENGINEERS PAGE e2/El3 October 21, 2006 'f~ . DDA ENGINEERS, P.A. 4910 Southwest 74th Court Miami. FL 33155 v. 305.666.0711 f.305.666.5259 www.ddaeng.com Perkins & Will 999 Ponce de Leon Blvd. Suite 915 Coral Gables, FL 33 ] 34 Attention: Mr. George Betancourt Reference: Miami Beach Municipal Parking Garage Threshold Tmipection Proposal Our File No. 0551-B Dear George: As per our previous telephone conversation our proposal to do the threshold inspections for the above referenced project is a.1l follows: FOR THRESHOLD INSPECTIONS... ... _.. ... ...... ..... ........$ S4,400.00 Our proposal has been based on a total of 680 hours at a rate of $80.00 an hour. We will bill monthly on an hourly basis for the time required to do the inspections. If the total hours are exhausted prior to the completion of the project we will bill the remaining time on an hourly basis at the rate mentioned above. Our scope of work includes inspection of the reinforcing steel for all the structural el.ements, be present during the concrete pours, inspect the shoring together with the shoring engineer prior to pouring concrete, reinfOl;ced masonry both for the reinforcing stee.1 and concrete placement, structural steel and connections and any other structural elements indicated on the threshold inspection plan. Our proposal does not include welding inspections of the structural steel as this is nonnally done by a testing laboratory and logging of window, storefront, curtain wall and railing installations. 10/27/2e06 09:46 3056665259 DDA ENGINEERS Pcrkin~ & Will Mr. Gco,&c Bc:tlUTcourt . Miami Beech Municipal Parking GlUllgc October 27,2006 f'a!,!c 2 If you should have any questions or would like to discuss any part of this proposal, please give us a call. Respectfully, Dii/Jt~. pj. Pedro J. DuQuesne~ P. E. Partner p JD~iac PAGE 133/133 ~.~ 1&. ,~- DDA ENGINEERS. P.A. lnsil Information J:. .To Build On ........ . Con..,1fIrtg . .,..tJng November 6, 2006 URS Corporation 7650 Corporate Center Drive Suite 401 Miami FI, 33126 Attention: Mr. Steve Baumal Re: Proposal for Material Testing Multi-Purpose Parking Facility Miami Beach, Florida PSI Proposal No. PO-395-600107 Dear Mr. Baumal: Thank YOll for inviting Professional SeFVice Industries Inc., (PSI), to submit this proposal to perform Material Testing Services for the above referenced project. Included herein is our understanding of the proposed development along with a scope of services and a cost estimate. BACKGROUND INFORMATION For thc dcvelopmcnt of' thi!:l proposul, PSI hus Ix:cn supplicd with U !:let of' drawings dute 9/ J 8/06. Based on our review of the plans is our understanding that the proposed structure will be a seven story parking garage with a roof. The building will be supported on a deep foundation system. We also understand the Structure will consist of pre-cast members. cast in place members and masonry reinfol'ce wulls. ProCessional Service Industries. Ine,. 7950 N,W. 64 SlTeet. Miami. PI. 33166 .305/471.n2J . FR~ 305/593-1915 Proposed Parking Garage Miumi Beach, rloridn PSI Proposal No. 1)0-395-600107 2 SCOPE OF WORK SCOPE OF SERVICES AND COMPENSATION The.following is our proposed scope of services as prepared on the basis of the project information available at this time. Materials Testinl! Concrete Compressive Strength Testing Concrete shall be sampled every 50 cubic yards or fraction thereof in accordance with the Florida Building Code. We will cast sets of 5 standard cylinders for compressive strength testing. Estimate 350 sets of 5 cylinders @ $85.00/set ................. .................. .................$29,750.00 Laboratory Testing of Soils In-Place Density Testing Estimate 200 tests @ $25.00/test (minimum 4 per trip)...................................................$ 5,000.00 Est. 5 Proctor Tests @ $85.00rrest... .............. .............................. ...................................... $425.00 Est. 5 Sieve Analysis @ $60.00rrest............. ................. .................... ................. .............. ...$300.00 Grout Cell Fill For Masonry Block Est. 20 sets of four prisms @ $80.00/se....... ......................................................................$1,600.00 Mortar Compressive Strength Testing Est. 20 sets of six cubes @ $80.00/Set............. ....................... ....... ...................................$] ,600.00 Pick up cylinders or soil samples When no other test is' required Est. 35 trips @ $33 .OO/trip....... .......... .............. ..... ................ ........... ...... ................... .........$1,155.00 1125D Proposed Parking Garage Miami Beach, Florida PSI Proposal No. PO-395-600107 3 Professional Engineer /Project Manager Professional Engineer to attend meeting, review and sign/seal daily field reports, laboratory test results. We estimate 30 hours @ 80.00/Hour. ... .. ................... ........................................................$2400.00 Total Budget Estimate................... $42,230.00 This estimate does not include any stand by or cancellation. PSI appreciates your consideration of our finn for this project. To fonnally authorize us, kindly indicate so by signing and returning a signed copy of this proposal to us. Sincerely, SERVICE INDUSTRIES, INC. Sam Fernand. Dep~ent Manager Attachments: Attachment 1 - General Conditions /BIl Proposed Parking Garage Miami Beach, Florida PSI Proposal No. PO-395-600107 4 cc: Addressee (via email) File (I) AUTHORIZED BY: INVOICE TO: Signature Firm Name Name Title Address Date -I IRS;1 PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECTDATASBEET CONSTRUCTIONS MATERIALS TESTING AND INSPECTION SERVICES 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports ( ) Copies To: ( ) Copies To: Attn: Attn: () Copies To: ( .) Copies To: Atto: Attn: 6. Invoicing Address: . Attn: 7. Site Contact: Telephone No: 8. Other Pertinent Information: PSI GENERAL CONDITIONS 1. PARTIES AND SCOPE OF WORK: Professional SelVice Industries lor.. (nerema!ler refe<red to iIS 'PSr) sn311 include said comp;ny or ilS pat~ular division. sUbsidiary Ot affiliate per10rrTllfijllle work. Worl<" means the specifIC yeolIlcllnical. analytical. testing or other seIYic8 10 be performed by PSI as set forth in PSts proposal, Client's ~ce lheIeof iVld these General CoodiliOl1s. AdditiOllal wak onlered by. Client shall also be subject 10 ~ General Condilior.s, 'Oienr ref8fS 10 lhe person or wsiness entity ordering the wollt 10 be done by PSL If Client IS o,denng l'le wort< on behalf 01 another. Client lIl\lfIl$enls and warrants that rt IS the duly authoriZ1d agent of saki partr lot the purpose of OIdering and dir8cting saod work. Unless o!he,...;sc Slated in wrilng, Cielll assumes sole responsib~lty for delemining wI1ether lhe qlJ3l1lty and the nature of tno wort< ordered ~y tM cfienl is adequalc and &UIlitient for Client's intended purpose. Client shall communicate these General Conditions 10 each and aVlfY lhird party to whom Client tranStllls any pert of psr. work. PSI shall have no duly or obtigaoon 10 any lIlled pa1y greater thllllllal set forth in PSI's proposal. Client's acceptance Iheoeof and lllEse General Corditions. The on1cr1ng of work from PSI. or !he rellaoo! on <WIy of PSI's work, shall conslilute acceplance of the terms Ii PSI's prOflO6a1 and IIlese General Condfions, regardless of the terms of any subsequenUy issued documenl 2. TESTS AND INSPECTIONS: Client.haM cause all teslS and inspections of the site, materials and wort< pertxmed by PSI or others to be timely ard properly perilrmed In accordlllCC wilh flO plans, $peCiflCatiollG and cootract dOcuments and PSI's /eccmmendaliolls, No claims fo/Ioss. dWllage or injury shall be brought agamt PSt by Oienl or any lhird party IJflIes5 aH lests and inspections have been so performed and unless psrs recommerdaflons have been 1oIIowed, Cient agrees to indemnify, defend and hold PSI. its OIlicers, employees and agents ~81m1esS ~om MY and all claims, suits, Iossos, cosls and ex~sos, including, but nollimiled 10, court cosl6 and re~ aIIomey's lees io the event that all such tests and inspections are not so performed or PSI's recommerdatiOll$ lI'e not SO followed except 10 the extent lief SUCh faiUl81S the result oIl11e neglgence, wln'ul or w/I'llon act or 0I1'IISSI00 ri PSI, ils o/lICllfS, agenls or employees. subject to the Iin~talion contained in paragrap/l9. 3. SCHEllUUNG OF WORK: The s8IVicos setlcrth in PSI's proposal and Client's ateeplance wil be accomplished in a timely. wortunanike and profcssional_r by PSI pe<scnnel at the plices quoted. If PSI is requln!d 10 deIar commellCl!ment 01 the work 01 If, upon embarking upon illJ work, PSI is reqlinld 10 slop or inlemJpll/le progress of ils wort< as a resun of changes In tI1e SCOjl8 of the wor1c requested by Client, to fulfill the JeqUiremenIs or third parties. inlemJptions in !he progress 01 construction. or a1her causes beycnd lire diJact reasooallle control Ii PSI, llddillonal clllwges will be applicable and paydlle by Client. 4. ACCESS TO SITE: Client wil 8llangt and p/Ol/ide such ac:c:ets \0 the Site as is necessary for PSI \0 pelfoon the work. PSI shall lake reasonable I1183SIlI8S and pr8Caulions 10 minimize d;mage 10 the site and any improvements loc:aI9d IleIeon as the IllSUiI 01 its work or !he use of its equipmenl; howcMlr, PSI has nol included in ill; lee !he COGI of restoraion 01 damage which may occur. If Clienl desires or requires PSliD mslOle the sHe 10 ils former condiIion. upon wrinen request PSI will peIf()lll1 such addittonal wollt as is necessay to do so and Cient agrees kl pay 10 PSI for the cosl 5. ClIENT"S DUTY TO NOTIFY ENGINEER: Client represenls and wa/rallls thallt has ad'IIsed PSI of any known or...peeled hazMloos materials, uliily lines and pCIIIulanls aleny site at whidl PSI is to do WOIk hellll/nder, and OOIe6S PSI has lISSlJmed in wrilmg the responsiblily of locating subsurface objects, slruclur8s, lines Ol conduits. Oent agrees 10 delllnd. inderooify .m save PSI harmless trom all clams. suils. losses, costs and expenses, including IllllS01able a1tomey's fees as a result 01 personal injury, death or property damage occurring willi respecllo psrs plIbmance of its work and resulting to or caused by contact with subsUlface or lalenl objects, sllUCt.ures. _ 01 conduits wh818 lIle actual or polefllial presence and location tllereof ~ not mealed to PSI by Clienl t RE8PONSIlIlITY: psrs work shall not i1dude delermining, supervising or ~ementi1g !he means. methods. lechniques, sequences Ol procedures d conslluction. PSI shall not be re6ponsible for eviiuating, reporting or ~ job CClIldIlIons concerning llealO1, safely or welfare. psrs work or failure 10 perform SlmI shall not III any way eXCtJS8 3/lY conlractor, subconlraclor or SlJppIier from perfom1ance of ils IKlIk in acoordanee with !he contract doclrnenfs. PSI hall no rig/lt 01 duty to a lop l1e contractor's wollt. 1. SAMPLE DISPOSAL: Unless otherwise agreed in wriling, lest specimens or samples wiN be disposed InYnediaIeIy upon completion of lhel8sl All drilling s/l'11ll8S OI5peCimens will be disposed sbety (60) days alter subrrisslon Ii psrs IllpOlL l PAYMENT. Clenl shail be invoiced once each mon1h for work performed during lI1e preceding period. Cient agllleS to pay each involee w11lVn thirty (30) days r:J its receipt, Oienl further agrees to pay interesl on alIllIIlOUnts Invoiced and not paid or objecled 10 for valid CaJse in writing within saillhirty (30) day period at the rllCe of eighteen (t81 percent per snnum (orIhe maxlllUlllnlel8st rllCe pemilled under applicable Iew), un" peid. Client agllltS to pay PSI's COIit of coleclion of all amounts due and oopad after sixty (60) days, incWng court costs and reasonable a11omey's fees. PSI shall not be bourd by any provision or agreement requiring or providing lor ;rbI~alicn ot disputss or mnm.ersies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics'len, or any provision conditioning PSrs right 10 I8C8ive payment for lis work upoo payment III Oienl by allY IhIId pMy. Those Gene/a1 Condilions ant notice. where required, that PSI shall file a lien whenever nllC8SSalY 10 coIIecl pIlSl duo 3IllOInIs. Failure 10 make payment within 30 days 01 Invoice shall c:orlStilute a Itliease of PSI from any and aft claims which Olent may hove, wI1el/ler In tori, contract or otherwise, and whelher knoootl or ""'"-" at IlG Srne. 9. WARRANTY: PSrs SER\IlCES WILL BE PERFORMED, ITS FINDINGS OBTAlNEO AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL. CUENT'S ACCEPTANCE THEREOF, THESE GENERAl. CONDITIONS. AND WITH GENERALlY ACCEPTED PRINCIPlES AND mcnCES. IN PERFORMING ITS PROFESSIONAl SERVICES, PSI WIll USE THAT DEGREE OF CARE AND SKIll ORDINARILY EXERClSEO UNDER SIMIlAR CIRCUMSTAM::ES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF AU OTHER WARRANTIES OR REPRESErlfATIONS. EITHER EXPRESS OR IlM'UED. STATEMEtfTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT ANO ARE NOT TO BE CONSTRUEO AS REPRESEtfTA TlONS OF FACT. SHOUlO PSI OR At<< OF ITS PROfESSIONAL EMPLOYEES BE fOUND TO tfAVE BEEN NEGlIGENT IN THE PERFORMANCE OF ITS WORK. DR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPliED WARRAHTY. REPRESENTATION OR CONTRACT. CLIENT, All pAf{TIES ClAIl4NG TflROUGH CUENT AND All PARTIES CLAIMING TO HAVE IN Am WAY RELIED UPON PSrs WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE UABIUTY OF PSI. ITS OFFICERS, EMPlOYEES AND AGENTS SllAli BE WAITED TO $25.000.00 OR THE TOTAl AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERfORMED WITH RESPECTTO TIlE PROJECT. WHICHEVER AMOUNT IS GREATER IN THE EVENT CUENT IS UNWILLING OR UNABLE TO LIMIT psrs L1ABIUTY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH. CUI:"NT MAY. UPON WRITTEN REQUEST OF CUENT RECEIVED WITHIN FIVE DAYS OF CliENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF psrs UABILlTY TO $250,000.00 OR THE AMOUHT OF PSI'S FEE, \\11ICHEVER IS THE GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN ADDITIONAl AMOUrlf OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. TffS CHARGE IS NOT TO BE CONSTRUED AS BEING ^ CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIOERATION FOR THE GREATER UAllIUTY INVOLVED, IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH Atff CLAIM SfWl REDUCE THE AMOUNT AVAILABlE. AND ONLY ONE SUCII AMOUNT WILL APPL YTO Atrf PROJECT. NO ACTION OR CLAIM, WHETHER IN TORT. CONTRACl, OR OTIiERWISE, MAY BE BROUGHT AGAItlST PSI, ARISING FROM OR RflATED TO psrs WORK, MORE THAN TWO YEARS AFTER THE CESSATIOrf OF PSI'S WORK HEREUNOER. to, IHOEMHlTY: Subjecllo lhe Itlregoing firnilaliol1s. PSI .lgIeeS 10 indemnity and hold Client harmless Item and agansl allY and all claims, sUils, costs and expenses including reasonable attorney's fees and court costs arising out 01 PSI's negligence to lhe extenl of psrs negligence. Oienl shal provide the same proIac:Iion 10 the extent of its negigence.1n !he eventlhal Client or C1ienrs princ/plll shal bring any suit. cause 01 action. claim 01 couniefdaim &gRI PSI, the party Initialing such action shall pay to PSllhe COSls and expenses inculllld by PSI 10 invesligale. answer and delend i~ including reasonable altomey's and wil_s fees and COII1 cosls 10 the exlentthat PSI sh~ Jmallnsucllsall. 11. TERMINATION: ThiS Agreement may be lerminaled by either p~ upon seven days' priOr IVritron notice, In Ihe evenl of termination, PSI shall be ~ by C1ienllor 1111 SelVlces PIY10rmed up to and including !he terniflation date. inclJding reimbt.sahle expenses, .m for the r:ompIeijon 01 such SlWtes and records as life necessary 10 place psrs ftles In order and/or prolecllts professional repula(ion. 12. EMpLO'(EESlWlTHESS FEES: PSi's employees slraK oot be relllned as expert wilnesses except by sepa-aIe, wrilten agreement Client agrees 10 pay PSI's legal expenses. alninlstrative r.os15 and fees pUrsuMlllo PSI's then CIJlIWIlt fee schedule lOt PSlIo lespond 10 allY subpoena. oent agrees not to hite PSI's employees except ",rough PSt In the evenf Oianl hires a PSI employee. Client shal pay PSI en anQInt aquatlo on&-h8If d !he ........... HIIry.""" PSI WlWintolher remedles. mer lIawo. 13. HAZARDOUS MATERIAlS: Nothing cootained wilhin this agreemenl shall be construed or inlerpreted as requiring PSI 10 assume !he stalus 01 an owner, operator, generator, slorer, transporter, teater or disposal facinly as Ihose tellllS appear within RCR,'. or wi8lin am' F!lde<a1 or SI8l8 slalute or regulation QOV&mflg the generation. transporlalion. lreatmen~ slorage and disposal 01 pollutanlS. Client assumes full responsillility lor compliance with lhe lYO"l8loos 01 RCRA and any other Federal or Stale slatute or regulation governing the handling, treatment, slorage and diSposal Ii poIIullr1lS. 14. PROVISIONS SEVERABlE: The pa1ioS have entered Into Ihi1l agreemenf in good rallt. and illil thIl specific inlent of !he parties Ihalthe terlTl6 rJ me General Conditions be enforced as written. In Ihe evel1t any of tho provisions of lhose General CondItions should be fo<lnd in he unenfoo:eabfe, it ~hall be stricken and the remaining proviSions shaft be enforceable. 15. ENTIRE AGRfEMENT: This agreement consl~ute~ the entire underslandilg oIlhe plllies, and there life no represenl8tiOllS. warranties OIuooertllkings made nlher than lIS set forth herllin. This agrllEl/l1l!nl may be amerded, rroflied Olte/minated 0I1ly in wriling. signed by eech ot lI1e perties herelo. . . . PSI B-9oo-11 (7) 8/98 . · JiB Wingerter Chin-You. <JiI/@wingerterlab.com> 11/20/200601:01 PM -------Original Messageuu--- From: Jill Wingerter Chin-You Date: 11/14/2006 10:11:55 AM To: steve baumal@urscorp.com Subject: Fw: Proposal u-----Original Messageu----- From: Jill Wingerter Chin-You Date: 11/14/2006 9:08:27 AM To: steve baumal@urs.com Subject: Proposal Please see attached proposal. Jill Wingerter Chin-Yon President WINGERTER LABORATORIES, INC. 1820 NE 144th Street North Miami, FL 33181 Phone: 305-944-3401, Ext. 8 Fax: 305-949-8698 To <stephen_baumal@urscorp.com> cc bec Subject Fw: Proposal FREE Christmas Emotlcons for your small - by IncrsdlUall! Fc,iicki~";;;i:J ~.i._. City of Miami Bch (T esting~doc City of Miami Bch (Threshold). doc November 13, 2006 City of Miami Beach Capital hnprovements Program c/o URS Corporation 7650 Corporate Center Drive, Suite 401 Miami, Florida 33016 Attn.: Mr. Steve Baumal Re.: Scope of Services and Fees for Construction Materials Testing and Inspection Services PROJECT: Multi-Purpose Municipal Parking Facility Meridian Avenue & 18th Street, Miami Beach, FL Dear Mr. Baumal: In accordance with our conversation and upon review of the documents provided, WINGERTER LABORATORIES, INC. (WLI) is pleased to submit this scope of services and fees for Construction Materials Testing and Inspection Services for the above referenced project. This proposal is based on a structural construction period of fourteen months. SCOPE OF SERVICES AND FEES I. AUGER CAST PILE INSTALLATION INSPECTION AND TESTING A. Pile Load Test Monitoring: WLI will provide the services of engineering technicians to provide full time monitoring of pile compression load test perfonned at the site. Pile load test will be conducted in accordance with the requirements ofthe South Florida Building Code and ASTM D 1143. Upon completion of the load test, a report summarizing the results of the load test will be prepared. All pile load test monitoring and reporting will be done under the supervision of a Florida Registered Professional Engineer. 1. Compression Pile Load Test Monitoring. Standard loading method as per SFBC and ASTM D1143 52,100.00/Each . 2. Tension Pile Load Test Monitoring. Standard loading method as per SFBC and ASTM D1143 52,100.00/Each 1820 N.E. 144m Street. P.O. Box 611450. North Miami. FL33261-1450. (305) 944-3401. 1-800-345-SOIL Fax: (305) 949-8698 . Broward: (954) 764-0472 . Dispatch Fax: (305) 949-1328 STEEL. CEMENT. CONCRETE. PAVEMENT INSPECTIONS. TEST BORINGS . SPECIFICATIONS City of Miami Beach Capital Improvements Program November 13, 2006 Page 2 of 4 B. Test and Production Pile Installation Monitoring: WLI will provide the services of an engineering technician to provide full time monitoring and logging of the installation of all test and production Auger cast piles. Logs shall include pile identification, pile size, compliance with depth requirement, drilling monitoring, grout and reinforcement placement, and sampling of grout for the purposes of compressive strength testing. Upon completion of the pile installation, a report containing the logs and results of pile inspection will be submitted. All inspection and test reports will be signed and sealed by a Florida Registered Professional Engineer. 1. Test & Production Auger Cast Pile Installation Inspection $40.00lHour C. Compressive Strength Testing of Grout (Set of 6) S78.00/Set Includes: Sampling, casting by an ACI certified concrete technician, slump test (when applicable), delivery to our laboratory, capping, curing, compression testing and a typed report, signed and sealed by a Florida Registered Professional Engineer. II. CONCRETE & MASONRY A. Concrete 1. Concrete Test Cylinders Includes: Sampling, casting by an ACI certified concrete technician, slump test, delivery to our laboratory, capping, curing, compression testing and a typed report, signed and sealed by a Florida Registered Professional Engineer. Result summaries will be faxed, mailed or e-mailed on a weekly basis or as required. Concrete Test Cylinders (Minimum 5 cylinders per set) Stand by Time: (If Applicable after First 30 Minutes) S6S.00/Set S3S.00/hour III. SOILS TESTING A. Moisture Density Test (Proctor) ASTM D1557 - Includes: Field Sampling, Travel, Gradation, Testing, and a typed report with moisture curve, signed and sealed by a Florida Registered Professional Engineer. Proctor S90.00/Each 1820 N.E. 144'" Street. P.O. Box 611450. North Miami, FL 33261-1450 . (305) 944-3401 . \.800.345-SOIL Fax: (305) 949-8698. Broward: (954) 764-0472 . Dispatch Fax: (305) 949.1328 STEEL · CEMENT. CONCRETE. PAVEMENT INSPECTIONS. TEST BORINGS. SPECIFICA nONS Profeuio_l Eqineenn.: . Teatfnc Established 1949 City of Miami Beach Capital Improvements Program November 13, 2006 Page 3 of4 B. Field Density Test - Nuclear Method ASTM D2922 - Includes: Certified Technician, Equipment, Travel, Testing, and a typed report, signed and sealed by a Florida Registered Professional Engineer. Field Density Tests (Minimum 3 per Trip) $25.00IEach C. Limerock Bearing Ratio (LBR) Test FM 5-514: Includes Field Sampling, Travel, Gradation, Testing, and a typed report with LBR graph and moisture curve, signed and sealed by a Florida Registered Professional Engineer. david Limerock Bearing Ratio $275.00IEach TOTAL ESTIMATED FEES: I. AUGER CAST PILE INSTALLATION A. Pile Load Test Monitoring Estimate 3 Compression and 3 Tension Load Tests x $2,100.00/Test = $12,600.00 B. Test and Production Pile Installation Monitoring Estimate 250 Hours x $40.00/Hour = $10,000.00 C. Compressive Strength Testing of Grout Estimate 80 Sets x $78.00/Set = $6,240.00 TOTAL ESTIMATED COST OF SECTION I: = $28,840.00 II. CONCRETE & MASONRY A. Concrete Test Cylinders (Minimum 5 cylinders per set) Estimated 95 Sets x $65.00/Set = $6,175.00 TOTAL ESTIMATED COST OF SECTION II: = $6,175.00 1820 N.E. 144* Slrccl. P.o. Box 611450. North Miami, FL 33261-1450. (305) 944-3401 . 1-800-345-S0rr.. Fax: (305) 949-8698. Broward: (954) 764-0472 . Dispatch Fax: (305) 949-1328 STEEL. CEMENT. CONCRETE . PAVEMENT INSPECTIONS. TEST BORINGS. SPECIFICATIONS City of Miami Beach Capital Improvements Program November 13, 2006 Page 4 of 4 III. SOILS TESTING A. Proctor Estimated 4 tests x $90.00/Each = $360.00 B. Field Density Tests (Minimum 3 per Trip) Estimated 160 tests x $25.00/Each = $4,000.00 TOTAL ESTIMATED COST OF SECTION III: = $4,360.00 The services covered by this proposal will be performed in accordance with our attached "Standard Terms and Conditions". All services should be scheduled by no later than 3:30 PM on the prior business day. If jobs are cancelled upon technician=s arrival minimum test charges will be applied. Prices are based on a normal scheduled work day during the hours of 7:00 AM to 5:00 PM Overtime rates will be charged at the rate of J J /2 times the unit rate for testing conducted outside the normal workday. Sundays and Holidays will be charged at twice the standard unit rate. Additional4%fuel charge will be added to all invoices. Thank you for the opportunity to submit our scope of services and fees for the above referenced project. Fees for other services will be gladly provided upon request. Should you have any questions, please do not hesitate to contact us at (305) 944-3401, Ext. 401 or via E-Mail: David@Wingerterlab.com. Sincerely, Wingerter Laboratories, Inc. David R. Powell Executive Vice President Accepted By: DATE: Name & Title: 1820 N.E. 144'" Street. P.O. Box 611450. North Miami, FL 33261-1450. (305) 944-3401 .1-8()(J.345-SOIL Fax: (305) 949-8698. Broward: (954) 764.{)472 . Dispatch Fax: (305) 949-1328 STEEL. CEMENT. CONCRETE. PAVEMENT INSPECTIONS. TEST BORINGS. SPECIFICATIONS November 13,2006 City of Miami Beach Capital Improvements Program c/o URS Corporation 7650 Corporate Center Drive, Suite 401 Miami, Florida 33016 Attn.: Mr. Steve Baumal Re.: Scope of Services and Fees for Construction Inspection Services PROJECT: Multi-Purpose Municipal Parking Facility Meridian Avenue & 18th Street, Miami Beach, FL Dear Mr. Baumal: In accordance with our conversation and upon review of the documents provided, WINGERTER LABORATORIES, INC. (WLI) is pleased to submit this scope of services and fees for Construction Inspection Services for the above referenced project. This proposal is based on a structural construction period of fourteen months. SCOPE OF SERVICES AND FEES I. INSPECTION SERVICES A. THRESHOLD INSPECTIONS Threshold Inspection services will be provided in accordance with Section 553.79(5) ofthe Florida Statues. The responsibility of the Threshold Inspector is to inspect all the structural load bearing components ofthe project in accordance with the Threshold Inspector's Plan and The Florida Building Code. The Threshold Inspector will observe that the work is executed in compliance with the permitted official contract documents. The official documents are defined as the permitted plans, recorded addendum, and the specifications with all amendments, thereto, including the structural inspections plan prepared the Engineer of Record. We plan to perform our inspections on an as needed basis, whenever the General Contractor is ready we will visit the site to perform the required inspections. Limitations The Threshold Inspector is responsible only in regard to the structural elements of the building, primary and secondary structural framing system and all items included in the Special Inspection Plan prepared by the Engineer of Record. 1820 N.E. 144" Street. P.o. Box 611450. North Miami, FL33261-1450. (305) 944-3401 .1-800-345-S01L Fax: (305) 949-8698 . Broward: (954) 7644172 . DispalCh Fax: (305) 949-1328 STEEL. CEMENT. CONCRETE . PAVEMENT INSPECTIONS. TEST BORINGS. SPECIFICATIONS City of Miami Beach Capital Improvements Program November 13, 2006 Page 2 of2 Threshold Inspector & Threshold Inspector's Representative $55.00/Hour (Minimum 4 Hours, Portal to Portal + Reporting Time - Does not include Post Tensioning) Estimate 675 hours x $55.00/Hour $37,125.00 Thank you for the opportunity to submit our scope of services and fees for the above referenced project. Fees for other services will be gladly provided upon request. Should you have any questions, please do not hesitate to contact us at (305) 944-3401, Ext. 401 or via E-Mail: David@wingerterlab.com. Sincerely, Wingerter Laboratories, Inc. David R. Powell Executive Vice President Accepted By: DATE: Name & Title: 1820 N.E. 144* Street. P.O. Box 611450. North Miami. FL 33261-1450. (305) 944-3401 . 1-800-345-S0IL Fax: (305) 949-8698. Broward: (954) 7644*72 . Dispatch Fax: (305) 949-1328 STEEL. CEMENT. CONCRETE. PAVEMENT INSPECTIONS. TEST BORINGS. SPECIFICATIONS