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13-8678 Change Order for Helen Miller Center
Sponsored by: City Manager Resolution No. 13-8678 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RATIFYING THE CITY MANAGER'S APPROVAL FOR CHANGE ORDER FOR SPECIAL INSPECTOR FROM KACO FOR THE HELEN MILLER CENTER AT SEGAL PARK REGARDING HIGH VELOCITY HURRICANE ZONE REQUIREMENTS, IN AN AMOUNT NOT EXCEEDING SIX THOUSAND NINE HUNDRED NINETY DOLLARS ($6,990.00), PAYABLE FROM ACCOUNT 44-541814; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka is required to provide a special inspector to inspect the structural component of the Helen Miller Center, per Florida Statute; and WHEREAS, inspection of the structural component of the building consists of a review of the grade beams, reinforced one-way concrete slab, tilt-up walls and connections, second floor composite deck, roof, roof deck on steel joists and steel stairs; and WHEREAS,the City requested and received three quotes for the Special Inspection; and WHEREAS, the project needs to be completed by October 31, 2013, and the City Manager engaged the Special Inspector on August 7, 2013, by awarding the contract to KACO, the lowest bidder; and WHEREAS, the Change Order for Special Inspector shall insure that the structural construction conforms to the contract documents and the provision of the Florida Statutes Chapter 553-79. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 13-8678 Section 2. The City Commission of the City of Opa-locka, approves and ratifies the City Manager's action in approving a Change Order for a Special Inspector from KACO for the Helen Miller Center at Segal Park, regarding high velocity hurricane zone requirements, in an amount not to exceed Six Thousand Nine Hundred Ninety Dollars ($6,990.00), payable from account 44-541814. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 11th day of September, 2013. 1 /4 RA T LOR MAYOR Attest to: Approved as to form and legal sufficiency: IL 6 IdJlI _ . Jo a Flores Jos- . eller City Clerk GR' ENS 'OON MARDER, PA Ci , Attorney Moved by: COMMISSIONER JOHNSON Seconded by: VICE MAYOR KELLEY Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES i$ �C OE,ORPS City of Opa-Locka Agenda Cover Memo Commission Meeting 09/11/2013 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) x Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: (Enter X in box) X Account#44-541814 Contract/P.O.Required: Yes No RFP/RFQ/Bi#: (EnterX in box) x Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational 0 Bus.&Economic Dev - Is required to complete design and Public Safety m construction of Helen Miller Center. Quality of Education Q Qual.of Life&City Image El Communcation 0 Sponsor Name Department: City Manager City Manager Short Title: Change Order for Special Inspector—Helen Miller Center Staff Summary: The City of Opa-locka is required by Florida Statute to provide a Special Inspector for the Helen Miller Center at Segal Park, to inspect the following strutural components: foundations; grade beams; reinforced one way slab; composite steel deck; roof framing; and steel stairs. Proposed Action: Staff recommends approval of this change order in the best interest of the City. 1. Agenda 2. Approval of Miami—Dade PHCD 3. Change Order Quote 4. Copy of Resolution# 13-8567 014' IC4 0 a 9 V p MEMORANDUM To: Mayor Myra L.Taylor Vice Mayor Joseph L.Kelley i Commissioner Timothy olmes Commissioner Dorothy ohns:n Commissioner Luis B. S,n ' o FROM: Kelvin L.Baker, Sr.,City Mana it, DATE: August 28,2013 it RE: Change Order for Special Inspector—Helen Miller Center REQUEST: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA RATIFYING THE CITY MANAGER'S APPROVAL FOR CHANGE ORDER IN THE AMOUNT NOT TO EXCEED SIX THOUSAND NINE HUNDRED NINETY DOLLARS ($6,990.00) FOR THE SPECIAL INSPECTOR FROM KACO FOR THE HELEN MILLER CENTER AT SEGAL PARK PURSUANT TO HIGH VELOCITY HURRICANE ZONE REQUIREMENTS OF THE FLORIDA BUILDING CODE AND ALSO PER THE RECOMMENDATION OF THE STRUCTURAL ENGINEER. THIS CHANGE ORDER WAS APPROVED BY MIAMI-DADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT. DESCRIPTION: As a requirement of the Florida Building Code and per the construction documents,the City of Opa-locka needs to provide a special inspector for the Helen Miller Center at Segal Park to inspect the structural components of the building consisting of grade beams; reinforced one-way concrete slab; tilt- up walls and connections; second floor composite deck; roof; roof deck on steel joists; and steel stairs. The City requested and received three quotes and the lowest of the three was from KACO,which was awarded the contract. ACCOUNT NUMBER: 44-541814 FINANCIAL IMPACT: This project is fully funded through the Miami-Dade County Public Housing and Community Development (PHCD); along with COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The change order will not exceed the funded budget for the project. IMPLEMENTATION TIMELINE: Due to the need to have this project completed by October 31, 2013, otherwise PHCD will recapture the funds, a Special Inspector was brought onboard on August 07, 2013 in order to prevent delaying the contractor and hence extending the overall construction schedule beyond the deadline date. LEGISLATIVE HISTORY: Resolution# 13-8567 RECOMMENDATION(S): Staff recommends approval of this change order. This change order has already been approved by the Miami-Dade Public Housing and Community Development Department. ANALYSIS: The Special Inspector shall insure that the structural portions of the building construction conform to the contract documents. All inspections are to conform to the provisions of the Florida Statutes, Chapter 553.79. ATTACHMENT: 1. Copy of Resolution# 13-8567 2. Approval of Miami-Dade PHCD 3. Quotes PREPARED BY: Mohammad Nasir,PE,City Engineer/CIP Director Erskin M.Howard,Construction Manager END OF MEMORANDUM Sponsored by: City Manager Resolution No. 13-8519 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR A DESIGN BUILD CONTRACTOR TO PROVIDE DESIGN AND CONSTRUCTION SERVICES FOR THE HELEN MILLER CENTER AT SEGAL PARK, PAYABLE FROM ACCOUNT NUMBER 44-541802; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Helen Miller Center needs to be rebuilt due to uneven settlement, multiple cracks,bulging and uplifting of the slab-on-grade, inside and out; and WHEREAS, the City Commission of the City of Opa-locka seek the services of a qualified Design Build contractor to reconstruct the Helen Miller Center; and WHEREAS, the reconstruction will include the demolition of the existing building, and design and construction of a new two-story energy efficient building; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to issue a Request for Qualifications (RFQ) for a Design Build contractor for the reconstruction of the Helen Miller Center. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 13-8519 Section 2. The City Commission of the City of Opa-locka hereby directs and authorizes the City Manager to prepare a Request for Qualifications for a contractor to provide Design Build services for the Helen Miller Center, located at 2331 NW I43`d Street, payable from Account Number 44-541802. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9`h day of January, 2013. • Y' TAYLOR MAYOR Attest to: anna Flores ity Clerk Approved as to form . d legal s ► iency: 11j /LIL. v lit Jos- • ` G,l er C. y • ttorn Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES Public Housing and Community Development 701 NW 1st Court, 14 Floor MIAMI.D�ADE Miami, FL 33136 T 786-469-2100 F 786-469-2236 COUNTY www.miamidade.gov Carlos A. Gimenez,Mayor August 2, 2013 Mr. Kelvin L. Baker, Sr. City Manager City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 RE: Approval of the Selection of the Special Inspector for the Segal Park Improvements Dear Mr. Baker: Public Housing and Community Development (PHCD) has reviewed the bid proposal, contractor selection and award recommendation package submitted for the "Special Inspector" by the City of Opa-Locka for the Segal Park Improvements Project. The bid process and the contractor selected, KACO, Inc. have been approved by PHCD. PHCD accepts the City's selection process and approves the selection for a maximum amount of$6,990.00. You may proceed to award the contract. 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This Proposal describes our understanding of the project, outlines anticipated subsurface conditions, lists a purpose for our work, suggests a specific scope of work, and presents our compensation. CAPABILITIES AND EXPERIENCE Kaderabek Company (KACO) is a consulting firm providing geotechnical and construction materials engineering. We also have equipment and personnel capable of performing soil borings, installing monitor wells, and testing soil/concrete during construction. KACO personnel are registered Professional Engineers in the State of Florida, and have over 25 years of experience in geotechnical engineering in South Florida. As a small firm, we have the ability to exercise a great deal of flexibility during the various stages of project development, enabling us to provide a better and more time effective service to our clients. The small firm format also allows direct involvement of the Principals on every project. This assures our clients that the highest possible level of experience and quality of service is brought to their projects. Our project experience ranges from county infrastructure to residential developments over soft soils to high-rise construction. PROJECT INFORMATION Information about this project was provided by D. Stephenson Construction. The project is located at 2331 NW 143rd St., in Opa-Locka, Florida. The site is currently occupied with a single-story 3,000 square foot structure currently planned to be demolished. At the present time 9565 NW 40th Street Rd. I Doral,Florida 33178 I Phone:305.666.3563 I Fax:305.666.3069 www.kaderabek.com I www.NV5.com I C.A.#29994 Mr. Erskin Howard July 31, 2013 City of Opa Locka Page 2 plans of the proposed construction have not been provided. A geotechnical report providing recommendations has been prepared, but not provided at this time. We understand that a new 2-story structure will be constructed in the footprint of the currently existing building, for which general construction materials testing services are requested. Specific quantities and proposed construction schedules were not available at the time of this proposal. We request you review the quantities and assumption made prior to incorporating into your bid. PURPOSE The purpose of our services on this portion of the project will be to provide various construction observation and materials testing services during site development. PROPOSED SCOPE OF SERVICES Our scope of services during the construction phase of this project will include testing of various construction materials such as concrete, grout and soils. This may involve the observation and documentation of the following project items: • Steel framing connection • Reinforcing steel for grade beams, one way slabs, exterior tilt up walls • Second floor composite steel deck • Steel joists for roof framing • Steel stairs Special inspection will be performed in general accordance with the notes provided on Plan Sheet S0.10 and S0.20 dated 6/23/2013 The project specifications will be followed as to test types and quantities. Field tests as required by the project specifications will be performed on plastic concrete. As a minimum, the following information will be collected: concrete slump, concrete temperature, air temperature, truck number, mix number, specified strength, indicate water that has been added at the job site, concrete supplier, and number of concrete cylinders cast. The concrete cylinders will be transported to the laboratory for curing under moist conditions. Concrete cylinders will be tested for their compressive strength at the specified time intervals. Engineering personnel from our office will visit the project site on a full and/or part-time basis as necessary to accomplish the work and avoid project delays. The Professional Engineer from our office will review and address project related issues and collected test data, visit the project site as necessary during work activities for quality assurance, and instruct our Engineering Technicians about project construction requirements. The Professional Engineer will also review project specifications associated with materials testing services on this project, and will be available to resolve project related issues to minimize work interruption. Engineering personnel assigned to this project will be managed and will be under the direct supervision of the Professional Engineer registered in the State of Florida. licaco AN NV5 COMPANY Mr. Erskin Howard July 31, 2013 City of Opa Locka Page 3 We will provide written reports of our observations and testing activities to all parties as designated by your office. We will provide Professional Statement or Certification letters that may be required by the Project upon completion of specific stages of project construction. COMPENSATION We understand that approximately 6 weeks will be required for special inspection services as it related to visual welding and reinforcing steel observations. We have assume 20 hour per week of field time for these observations. We propose to provide our services and will invoice for the actual work performed and to invoice for our services at the unit rates indicated below. DESCRIPTION UNIT UNIT RATE BUDGET EXTENSION QUANTITY - Welding/Reber Inspections Hour $50.00 120 $6,000.00 Professional Engineer Hour $85.00 6 $510.00 Clerical Hour $40.00 12 $480.00 Budget Estimate: $6,990.00 1. The Extension prices above are based on estimated quantities. Actual required sampling, testing and inspection time will be based on the contractor's field work and schedule. 2. The unit prices for tests assumes that testing is ready at the time we arrive at the project site. We have allowed for one half hour of site time per set of concrete samples. We have assumed a minimum of two concrete samples per site visit. We have assumed a minimum of four density tests per site visit. 3. Professional Engineer hourly rates will be invoiced for job functions related to the execution of project work. A typed report, signed and sealed by a State of Florida Registered Professional Engineer will be provided for each test performed. A professional Engineer is required to perform review of each report before affixing his seal and signing each report. This requirement is based on Florida Statutes Chapter 471 and the rules of the Florida Board of Professional Engineers(Chapter 61G15) 4. Above priced include two(2)signed and set of reports. All reports will be distributed once per month. Compensation for Additional Work Items: Technician hourly rates other than for the unit prices in this proposal will be invoiced for job functions related to the execution of project work. Job functions include: time spent by engineering technicians sampling materials, conducting field and laboratory observations, completing test reports and daily summaries, portal-to-portal travel, standby and testing not otherwise charged on a unit test basis. Overtime work, at client's request, over eight(8) hours per day, before 7:30 a.m. or after 4:00 p.m. Monday through Friday, Saturday, Sunday and Holidays,will be charged at the standard hourly rate times 1.5. Engineering Technician, per hour: $45.00. Time required for additional copies or advanced copies of reports will be billed at the clerical hourly rate. Clerical/Drafting Services will be charged at$40.00 per hour. AUTHORIZATION AND SCHEDULE We ask that you complete the attached Professional Services Agreement to serve as our written authorization to proceed. We request to be notified one week in advance of the initial 'I C A O a AN NVS COMPANY Mr. Erskin Howard July 31, 2013 City of Opa Locka Page 4 request for services. Subsequent requests for services will require 24 hours notice from the time of request to the time our services are required. Engineering Reports can be prepared about one week following the collection of the field data, verbal data on concrete strengths will be provided to the contractor as needed. CLOSURE If you have questions about information contained in this Proposal, please contact the • writer at 305/666-3563. Sincerely, KADERABEK COMPANY Eric J. Stern, P.E. Vice-President Attachments:Professional Services Agreement Distribution: Copy to Addressee via Email Copy to KACO File F:1DOCIKACO Proposa1s 113.0253-Helen Miller Community Center-D.Stephenson-City of Opa Locka-CMT-07-31-13 revised.doc kaco AN NV5 COMPANY FlOitA ENGINEERING & TESTING, INC. Phone: (866)781-6889•Fai: (866) 784-8550 www.floridaengineeringandtesting.com 250 S.W.13th Avenue ♦' PROPOSAL Pompano Beach,FL 33069 July 25,2013 Attn: Ankit Patel D.Stephenson Construction,Inc. Phone: 954-449-4735 6241 North Dixie Highway Email: apatel @dstephenson.com Fort Lauderdale,Florida 33334 RE: Helen Miller Center at Segal Park 2331 N.W. 143rd Street Opa Locka,Florida Dear Mr.Ankit Patel: Florida Engineering & Testing, Inc. (FE&T), is pleased to present our proposal for the Construction Materials Testing and Special Inspection Services for the above mentioned project. FE&T is an FDOT, CMEC, and Miami-Dade accredited laboratory. Thank you in advance for your review. SCOPE OF WORK Special Inspections Includes: Reinforced Concrete (pile caps, grade beams, slab on grade, tilt-up panels, 2nd level deck), structural framing & connections (beams,joists, deck, shear studs, steel stairs, etc.), non-conformance logs, daily reports by inspector/weekly summary reports, and certificates of compliance letters. Special Inspector Form(s) Special Inspection Form(s) Included Building Inspector's Time 180 Hours @ $ 70.00/Hour $ 12,600.00 Professional Engineer's Time 25 Hours @ $ 125.00/Hour $3,125.00 Estimated Inspection Total: $ 15,725.00 Notes: 1. FE&T will only invoice for the actual inspection services performed (once minimums are achieved), potentially resulting in cost savings. 2. Our proposal was based on the bid plans provided(100% CD's/Bldg Permit Set). If changes are made to the plans, the amounts of testing may differ. The design or civil engineer along with the county or municipality inspector may require additional inspections at the time of inspection. Additional inspections requested will be invoiced at the applicable unit prices. 3. A construction schedule was not available for the development of this proposal. Quality A ✓Insurance Page 2,CMT&Inspections Proposal Helen Miller Center at Segal Park FLO A 2331 N.W.143'd Street Opa Locka,Florida: 4. Professional Engineer (P.E.) rate for specifically requested services (beyond those described above) shall be $125.00/Hour. Senior Technician/Building Inspector rate is assessed at $70.00/hour. Engineering Technician rate is assessed at$55.00/hour. 5. When applicable, standby time will be assessed at applicable rates for circumstances beyond our control (i.e. mechanical breakdowns,waiting for an inspector,waiting for concrete trucks,re-compaction,etc.). 6. When applicable, overtime will be assessed at 1.3 times the applicable rates. Overtime is considered Saturdays, Sundays,National Holidays,and Monday-Friday before lam or after 5pm. 7. Cancellations without adequate notice will be assessed at applicable rates from portal to portal (subject to minimum charge). 8. A minimum charge of 3 hours time will be assessed per trip,inclusive of inspections. 9. If FE&T is required to be an expert witness or to defend their findings during any part of litigation (even if subpoena) the client will be assessed at the aforementioned hourly rate. Hourly rates are assessed from portal to portal. By execution of this Proposal and the accompanying Agreement for Engineering Services, Client hereby acknowledges, accepts and ratifies the term and conditions of this Proposal and the Agreement for Engineering Services attached hereto, which are herein incorporated into this Proposal by this reference and Client's signature below and Client hereby authorizes performance of the work specified herein. Florida Engineering&Testing,Inc. appreciates the opportunity to serve you at this phase of your project. Sincerely, Christine Chang Print Name Signature Date Florida Engineering& Testing,Inc. D. Stephenson Construction,Inc. D. Stephenson Construction,Inc. 2 lerracon July 30, 2013 City of Opa Locka 12950 NW 42nd Avenue Opa Locka, Florida 33054 Attn: Erskin Howard Phone No.: 954-549-7404 RE: Budget Proposal for Special Inspection Services Helen L. Miller Center at Segal Park City of Opa-Locka Miami-Dade, Florida Terracon Proposal No. PH8130105 Dear Mr. Howard: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to conduct Threshold Inspection services at the above site. This preliminary budget proposal outlines our understanding of the project, discusses the scope of services to be provided, and presents applicable fees. This preliminary budget proposal may be accepted by executing the attached Agreement for Services (Agreement) and returning one executed copy along with this proposal to Terracon. You may authorize us by returning these documents via email (wcoozo @terracon.com) or fax (305) 820-1998. This Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions and services to be performed for this project. Please note, per Florida Statute, the owner of the project is responsible for hiring and paying for the threshold inspection services. A. PROJECT INFORMATION The project consists of the construction of a 2-story tilt-wall panel and steel frame building for proposed Parks and Recreation Operations Offices,totaling approximately 6,000 square feet. Terracon Consultants, Inc. 1225 Omar Rd. West Palm Beach, Florida 33405 P[561]689-4299 F [561]689-5955 terracon.com Geotechnical • Environmental t, Construction Materials is Facilities Proposal for Threshold Inspection Services 1rerracon Helen L. Miller Center at Segal Park City of Opa-Locka, Miami-Dade, Florida July 30,2013 Terracon Proposal No. PH8130105 Site Information ITEM DESCRIPTION Location 2331 NW 143`d Street, Opa-Locka, Florida 33054 Botek Thurlow Engineering, Inc., 3409 NW 9d'Ave., Suite 1102, Structural Engineer Fort Lauderdale, Florida 33309; Plans dated May 1, 2013 (Design Development) Threshold Inspection Plan Project Description ITEM DESCRIPTION Building Slab-on-grade,tilt-up walls and structural steel support framing. Should any of the above information or assumptions be inconsistent with the planned construction, please let us know so that we may make any necessary modifications to this proposal. B. SCOPE OF SERVICES The proposed scope of services noted below is based on testing types and frequencies noted in the project plans and specifications noted above along with typical test types and frequencies for items not addressed. Should any of these items be incorrect or not applicable, please notify us and the proposal will be modified accordingly. We recommend that the scope of work described in this proposal be provided to the person(s)who will be responsible for scheduling our services so that they are aware of the services that are proposed. Our services will be performed on an as-requested basis with scheduling by contractor or his designated personnel. Terracon will not be responsible for scheduling our services and will not be responsible for tests/inspections that are not performed due to a failure to schedule our services on the project or any resulting damage. If tests/inspections made indicate non-compliance with the contract documents or referenced specifications, we will promptly notify the contractor personnel so corrective action can be taken and documented. TASK 01 —THRESHOLD INSPECTION SERVICES Terracon will designate a Professional Engineer/Special Inspector registered in the State of Florida to oversee Terracon's scope of Threshold and Structural Steel Inspections for the project. The Engineer will review reports of field observations in addition to the Project Manager and submit reports to the parties designated in the contract documents. We will also attend meetings when requested. 2 Proposal for Threshold Inspection Services lierracon Helen L.Miller Center at Segal Park City of Opa-Locka, Miami-Dade, Florida July 30,2013 Terracon Proposal No. PH8130105 Based on our review of the preliminary threshold inspection plan (template), Terracon will provide a Part-Time Special Inspector's Agent for this project to observe the construction of the primary structural components only of the threshold building are constructed in substantial accordance with the Contract Documents. The structural components include: Cast-in-Place Concrete We anticipate the scope of structural concrete-related observation to include the items listed below: • Observe placement of reinforcing steel,clearances,anchor bolts and embedments. • Check formwork for shape, location,and dimensions of the concrete member being formed. Structural Steel We anticipate the scope of structural steel observation to include the items listed below: • Review size, material, location, member orientation,and presence of connections. • Confirm that field welding is being performed by welders with current qualifications. • Confirm that the testing laboratory is observing, testing and reporting bolted and welded connections. Per the Florida Administrative Code Rule recently amended February 4, 2013, our authorized representative(s)(Threshold Agent)will have the following qualifications: education, experience and/or training to perform the duties assigned by the Special Inspector and have a minimum of two(2)years of relevant experience under the direct supervision of a Special Inspector. During construction, Terracon will need to be provided with two complete copies of all current/revised drawings, details, specifications, Requests for Information and any other clarifying or modifying communication that affect our portion of the work. We would also like the opportunity to attend pre- construction meetings during which issues related to our scope of work may be discussed. In addition, we specifically request to be provided with one copy of approved submittals for work performed in the following categories: 1. Reinforced Concrete(including approved mix designs and intended uses/locations) 2. Structural Steel(including shop and erection drawings) Our service does not include inspection of any safety provisions required by OSHA or other safety standards, which apply during the construction period. Nor does it apply to other non- load bearing elements such as glass, metal or wood, railings, fire protection, roofing, mechanical/electrical systems, 3 Proposal for Threshold Inspection Services lierracon Helen L. Miller Center at Segal Park City of Opa-Locka, Miami-Dade, Florida July 30,2013 Terracon Proposal No. PH8130105 architectural components, site work or other elements not contributing to the structural capacity of the building frame. It is not the threshold inspector's responsibility to provide quality control for the contractor. The inspector or his agent will verify that non-compliance issues have been resolved within the scope of services, if accessible and readily visible. Requests for additional time spent beyond our initial inspection will be considered additional services. Similarly, the contractor will endeavor to have segments for threshold inspection ready for final inspection at the time of notification and not request inspections on a repeated preliminary inspection basis. If necessary, re-inspection services shall be provided by the authorized representative of the special inspector at the applicable rate of the field representative and for the special inspector. Special inspections do not relieve the contractor of his responsibility to comply with the contract documents, any statutory or contractual obligations, nor his responsibilities to carry out his quality control inspections and testing. The contractor has the sole responsibility for any deviations from the official contract documents and the costs of rectifying those deviations. Under Florida Statutes, Chapter 553, the Special Inspector is charged with certain inspections of structural components of a defined threshold building. The inspections are to be performed in accordance with the approved and filed Threshold Inspection Plan as prepared by the Structural Engineer of Record. While the inspections performed by the Special Inspector are under the guidance and auspices of the appropriate building code or reference code, it is not the task of the Special Inspector to either determine or certify compliance of the building, in general, with the building code. Compliance with the building code is the responsibility of the designers, in concert with the general contractor. We anticipate submitting regular reports to the project team. We will also prepare a Concluding Report of Threshold Inspections and submit it to the Building Department, Owner and other designated parties following the last required site visit and resolution of outstanding discrepancies. C. SAFETY- IIF At Terracon, we all have a personal and uncompromising commitment to everyone going home safely each and every day. Incident and Injury-Free (IIF) is about care and concern for people. It is our personal and organizational commitment at all levels of the company and is where safety is held as a core value as well as an operational priority. Working safely is an inseparable part of working correctly, just as much as other operational priorities, in particular quality, profitability and schedule. Incident and Injury-Free is our commitment to our people, who we value for who they are and what they do. IIF is not just something we do; it's in everything we do. As part of our IIF process, we will prepare a "Pre-Task Plan" for this project where we will identify the potential site safety and job hazards associated with your site. Our Pre-Task Plan will identify and 4 Proposal for Threshold Inspection Services lierracon Helen L.Miller Center at Segal Park City of Opa-Locka, Miami-Dade, Florida July 30,2013 Terracon Proposal No. PH8130105 prepare our personal to be able to handle conditions such as traffic control, environmental contamination, site access issues, overhead and underground utilities, adverse weather conditions, and personal protection equipment. D. SCHEDULING We request our services be scheduled a minimum of one working day in advance. We request a notice of two working days prior to the commencement of each category of activities. We will endeavor to schedule services on lesser notice, but may not always be able to meet the desired project schedule. All requests for services should be submitted to our local Miami Lakes Office phone (305- 820-1997) between 7:00am and 4:00pm, Monday through Friday. Messages left on the scheduling line outside of these hours on weekdays or on Saturday, Sunday and Holidays will be received the next business day. Scheduling should not be coordinated through our field personnel. Our services specifically exclude job site safety responsibility and our services do not relieve any contractor/subcontractor from complying with project specifications. E. COMPENSATION This cost estimate is based on our experience with similar projects, our review of the contract documents provided and our anticipation of approximately 10 weeks for our threshold inspection services(a construction schedule was not provided for our review). Terracon will provide the scope of services described on a time and materials (hourly and unit rate) basis. However, the construction schedule, weather conditions, efficiency of scheduling by site personnel, construction workmanship, etc. will determine the actual cost of our services. Based on the above scope, information provided, and noted assumptions, we estimate $8,320.00 for the budget of the project as shown below and in the attached scope&fee estimate: Task 01 —Threshold Inspection $8,320.00 Once 100% design documents and a construction schedule are available, we can adjust our estimate appropriately. Please note that if additional scopes of work are requested or if additional site visits are requested beyond those anticipated we will discuss with you at that time and may need to increase the Project Budget. Also, labor and expense charges associated with re-inspections/re-testing and contractor or weather-related standby/delay time is not included and will be described as such in reports and/or invoicing for your information. We will contact you if these situations occur. 5 Proposal for Threshold Inspection Services lierracon Helen L.Miller Center at Segal Park City of Opa-Locka, Miami-Dade, Florida July 30,2013 Terracon Proposal No. PH8130105 The billing for our services will be directed to your attention on a monthly basis. Actual fees for services provided will accrue in accordance with the following unit and hourly rates: Personnel Threshold Inspector Agent $85.00/hour Registered Threshold Inspector $150.00/hour Project Manager $110.00/hour Administrative Assistant/Clerical $45.00/hour Note: All trips made for performance of inspection and consulting services are charged portal-to- portal. Increase hourly rate by 1.50 times for Saturdays, Sundays, Holidays and time exceeding 8 hours per day Monday through Friday and night work between 4:00 pm and 7:00 am. Again, we greatly appreciate the opportunity to provide this proposal for our services during construction. 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Oo a 3 ,SL N th L V N co 1ierracon- Reference Number:PH8130105 AGREEMENT FOR SERVICES This AGREEMENT is between City of Opa-Locka-Public Works&Utilities Dept("Client")and Terracon Consultants,Inc.("Consultant")for Services to be provided by Consultant for Client on the Threshold Inspection- Helen Miller Center at Segal project("Project"), as described in the Project Information section of Consultant's Proposal dated 07/17/2013("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is incorporated into this Agreement). 1. Scope of Services.The scope of Consultant's services is described in the Scope of Services section of the Proposal("Services"), unless Services are otherwise described in Exhibit B to this Agreement(which section or exhibit is incorporated into this Agreement).Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants(e.g.,mold,fungi,bacteria,viruses,or their byproducts)or occupant safety issues,such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement,the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the project 3. Change Orders.Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement(or supplemental proposal)of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement(which section or Exhibit is incorporated into this Agreement).If not stated in either,fees will be according to Consultant's current fee schedule.Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law.Consultant may invoice Client at least monthly and payment is due upon receipt of invoice.Client shall notify Consultant in writing,at the address below,within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment It is the responsibility of Client to determine whether federal,state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of any fines or penalties. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a limited time period not to exceed three months from the date of the report,Consultant will issue additional reports to others agreed upon with Client,however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the agreed-upon reliance fee. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW,THE TOTAL AGGREGATE LIABILITY OF CONSULTANT(AND ITS RELATED CORPORATIONS AND EMPLOYEES)TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,CAUSE(S)OR THE THEORY OF LIABILITY,INCLUDING NEGLIGENCE,INDEMNITY,OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims,losses,damages,and expenses to the extent such claims,losses,damages,or expenses are legally determined to be caused by their negligent acts,errors,or omissions.In the event such claims,losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client,they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party,and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s)or the theory of liability,including negligence,indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPUED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries,and will continue to carry: (i)workers'compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance($1,000,000 occ/$2,000,000 agg);(iii)automobile liability insurance($1,000,000 B.I.and P.D.combined single Page 1 of 2 Rev.8-12 1rerracon_ limit); and(iv)professional liability insurance($1,000,000 claim/agg). Certificates of Insurance will be provided upon request.Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS,OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered,independent,and reputable engineer,architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits,or other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically Included in the Services. 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures,and that such procedures indicate conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce-not eliminate-project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible(even if delegated to contractor)for requesting services,and notifying and scheduling Consultant so Consultant can perform these Services.Consultant is not responsible for damages caused by services not performed due to a failure to request or schedule Consultant's services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents,and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. 14. Sample Disposition,Affected Materials,and Indemnity.Samples are consumed in testing or disposed of upon completion of tests(unless stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity,location,quantity,nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services (i)contain substances hazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if necessary)required to ensure the equipment and/or samples are transported and disposed of properly,and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs.In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials.Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site.Accordingly,Client waives any claim against Consultant and agrees to indemnify and save Consultant,its agents,employees,and related companies harmless from any claim,liability or defense cost, including attorney and expert fees,for injury or loss sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder,or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents.Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts,systems, and Ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety.Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement.Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client,Client's contractors,subcontractors,or other parties present at the site. PURSUANT TO SECTION 558.0035 OF FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE. Consultant: Te racon Consul ant , Inc. Client: City of Opa-Locka-Public Works&Utilities Dept By: a Date: 7/30/2013 By: Date: Name/Title: Hugo E Soto/Office Manager IV Name/Title: Address: 16200 NW 59th Ave.Suite 106 Address: 12950 N.W.42nd Ave Miami Lakes,FL 33014 Opa-Locka,FL 33054 Phone: (305)820-1997 Fax: (305)820-1998 Phone: (954)549.7404 Fax: Email: hesoto0terracon.com Email: Reference Number:PH8130105 Page 2 of 2 Rev.8-12