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HomeMy WebLinkAboutR-88-0153J-88-186 2/18/89 RESOLUTION NO. 88--15a A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, SUBSTANTIeiLLY IN THE FORM ATTACHED, WITH ERM-SOUTH, INC., IN AN AMOUNT NOT TO EXCEED $20,00U FOR SCIENTIFIC TESTING AND CONSULTING SERVICES RELATED TO THE SITE FORMERLY KNOW14 AS THE "VIRGINIA KEY RUBBISH DISPOSAL PIT" IN ORDER TO ASCERTAIN INFORMATION RELATED TO DEVELOPMENT OPPORTUNITIES ON VIRGINIA KEY, WITH FUNDS THEREFOR ALLOCATED FROM THE CITY'S CAPITAL PROJECT #331044 ENTITLED VIRGINIA KEY PARK DEVELOPMENT PHASE 1, WHICH FUNDS ARE AVAILABLE TO BE UTILIZED FOR SAID PURPOSE. WHEREAS, the City of Miami maintained and operated a solid waste disposal site known as the Virginia Key Rubbish Pit, located off the Virginia Key Sewage Treatment Access Road, Township 42E, Range 545, Section 16, Dade County, Florida; and WHEREAS, in accordance with requirements of the Florida Department of Environmental Regulation, operation of the solid waste disposal site ceased on April 15, 1978; and WHEREAS, in accordance with Resolution 87-76U passed July 23, 1987 approving in principle the Virginia Key Master Plan and thereby establishing the City's intent to proceed with the development of this City owned property; and WHEREAS, based on the original usage and activities related to the Virginia Key Rubbish Disposal Pit site, testing and evaluation of ambient and soil conditions is desirable in order to further determine development opportunities on Virginia Key; and WHEREAS, ERM-South Inc. is a firm qualified and experienced to carry out said testing and evaluation of ambient and soil conditions; and WHEREAS, ERM-South, Inc., is desirous of providing said services to the City on a timely manner; CITY COMMISSION MEETING OF "' 6453al ON No. NOW 1THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Agreement, substantially in the form attached, with ERM-South, Inc., in an amount not to exceed $20,00u for scientific testing and consulting services related to the site formerly known as the "Virginia Key Rubbish Disposal Pit" in order to ascertain information related to development opportunities on Virginia Key. Section 2. The City Manager is hereby authorized to utilize available funds allocated in the City's Capital Project #331044 entitled Virginia Key Park Development Phase I, for said purpose. PASSED AND ADOPTED this 18th day of February , 1986. XAVIER L. SUARE' MAYOR ATTEST: MATTY HIRAI, CITY CLERK FINANCIAL REVIEW AND APPROVAL: CARLOgDGARCIA, DIRECTOR FINANCE DEPARTMENT BUDGETARY REVIEW & APPROVAL: FRANK MAY, ACTING OR MANAGEMENT AND T PLANNING DEPARTMENT REVIEW AND APPROVAL Z�? --- RIGUEZ, DIRECTOR P ING DEPARTMENT NOW )THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Agreement, substantially in the form attached, with ERM-South, Inc., in an amount not to exceed $20,000 for scientific testing and consulting services related to the site formerly known as the "Virginia Key Rubbish Disposal Pit" in order to ascertain information related to development opportunities on Virginia Key. Section 2. The City Manager is hereby authorized to utilize available funds allocated in the City's Capital Project #331044 entitled Virginia Key Park Development Phase 1, for said purpose. PASSED AND ADOPTED this 18th day of February Gam` XAVIER L. SUARE MAYOR ATTEST: MATTY HIRAI, CITY CLERK FINANCIAL REVIEW AND APPROVAL: CARL ARCIA, DIRECTOR FINANCE DEPARTMENT BUDGETARY REVIEW & APPROVAL: FRANK MAY, ACTING OR MANAGEMENT AND T PLANNING DEPARTMENT REVIEW AND APPROVAL RIGUEZ, DIRECTOR P ING DEPARTMENT -2- 813-153; PREPARED AND APPROVED BY: ROBERT F. CLARK, DEPI TY'ATTOR14EY APPROVED TO FORM AND CORRECTNESS: LU A A. DOU ERTY, CITY ATTORNEY - -3- ss-�sa 2/12/88 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 198_, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and ERM-South, Inc., a Florida for profit corporation, hereinafter referred to as "CONSULTANT". In consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agrees as follows: I.TERM The term of this Agreement shall be from March 1, 1988 through December 31, 1988. Il. SCOPE OF SERVICES The CONSULTANT shall under the direct supervision of the Department of development, provide scientific testing and consulting services related to the site formerly known as the "Virginia Key Rubbish Disposal Pit", in order to ascertain information related to development opportunities on Virginia Key. The CONSULTANT shall, at minimum, perform the following tasks: 1. Using existing on site methane gas probes, reassess subsurface and ambient methane gas concentrations based on s_ site development and characteristic changes proposed by the parties involved. ' 2. Develop and submit to the CITY a data report for the above task 1. 3. Assess clean fill cover thickness at approximately sixty (60) locations within the site. 4. Develop and submit to the CITY a site plan showing cover thickness. 5. Prepare and submit to the CITY a comprehensive report of all methane assessments performed by the CONSULTANT to include methods and materials, results, conclusions and recommendations for methane gas mitigation for the site. 6. Develop, design and submit to the CITY professional sealed plans for a methane control system acceptable to the CITY, Metropolitan Dade County Department of Environmental Resources Management and the State of Florida Department of Environmental Regulation. 7. Collect fifteen (15) soil samples from the previously excavated soils stored off -site to yield three composite samples. 8. Analyse the three composites obtained as a result of the above listed task 1 for EP Toxicity metals, PCBs, and flashpoint, utilizing a modified version of the Pensky- Martens Test, as per SW 846. 9. Collect five (5) soil samples from the on -site trench spoil, to yield composite of one (1) sample. 10. Collect five (5) soil samples from the on -site piles along the southern border; to yield composite of two (2) samples. 11. Analyze composites obtained as a result of the above listed tasks 3 and 4 for EP Toxicity metals, PCBs, and flashpoint utilizing a modified version of the Pensky-Martens Test, as per SW 646. 12. Prepare and submit to the CITY a comprehensive report of all analysis of off -site and on -site excavated soils performed by the CONSULTANT to include methods and materials, results, conclusions and recommendations. 13. Review all laboratory results and report to the CITY if soils are hazardous and if disposal can be made at the South Dade Landfill or inform the CITY as to alternate cost effective methods of disposal. -2- = III. COMPENSATION A. The CITY shall pay CONSULTANT, as maximum compensation for the services required, pursuant to Paragraph II hereof, $20,000.00 B. Compensation shall be made in proportion to the services performed based on invoices submitted by the CONSULTANT and approved by the City. The CONSULTANT shall invoice the City on a monthly basis. C. CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. V. GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service; or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF'MIAMI Department of Development 300 Biscayne Blvd. Way Suite 400 Miami, Fla 33131 (305)372-4590 Attn: John E. Gilchrist, Director CONSULTANT ERM-South, Inc. 2858 N.W. 79th Avenue Miami, Fla. 33122 (305)591-3076 Attn: Steven Hess B. Title and paragraph headings are for convenient - reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. -3- i D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the States of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of _ the services required pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY _ and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119" Florida Statues. It is further understood by and between the parties that any information; writings; maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purpose whatsoever without the written consent of CITY. VII. NONDELEGABILITY That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other - person or firm unless CITY shall first consent in writing to the -4- 88-1530 performance or assignment of such service or any part thereof by another person or firm. The CONSULTANT agrees that there shall be no subcontracts in connection with the Agreement without the prior written approval of the CITY and that all such subcontractors or assignees shall be governed by the terms and intent of this Agreement. Anyone hired by the CONSULTANT (subcontractor or any other expense) is solely the responsibility of the CONSULTANT. Nothing stated herein will create an obligation on the part of the CITY to compensate the subcontractor. VIII. AUDIT RIGHTS The CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT The CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X.,CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS'AND ASSIGNS This Agreement shall be binding upon the parties herein their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION The CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's performance under -5- 88-153, the provision of this Agreement, including all acts or omissions to act on the part of CONSULTANT, including any person performing under this Agreement for or on CONSULTANT's behalf, provided that any such claims, liabilities, losses and causes of such action are attributable to the fault of CONSULTANT, and. from and against any orders, judgements or decrees which may be entered and which may result from CONSULTANT's performance under this Agreement, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. If the CITY chooses to defend any action on behalf of itself, it shall bear its own costs of defense, and; if the provisions of this indemnity provision are applicable, CONSULTANT shall indemnify the CITY accordingly. In any event, the CITY shall promptly notify CONSULTANT as soon as it has notice of any matter for which this indemnity provision may be applicable. ® XIII. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial _ interest; direct or indirect, in the work product of this Agreement. The CONSULTANT further covenants that, in the performance of this I�greement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANT or its employees must be disclosed in writing to the = CITY. The CONSULTANT, in the perfarmance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. The CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. -6- 88-iS3, XIV. INDEPENDENT CONTRACTOR The CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XV. TERMINATION OF CONTRACT Either party may terminate this Agreement by written notice should the other party fail to substantially perform in accordance with its terms. Additionally, the CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION The CONSULTANT agrees that it shall not discriminate as to race, sex, color; creed, national origin, or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race; sex; color, creed, national origin; or handicap; be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any -7- 88- 453. program or activity receiving federal financial assistance. XVII. MINORITY PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it has been furnished a copy of ordinance No. 10062, the Minority procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XVIII. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. X1X. DEFAULT PROVISION In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XX. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said services and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. XXI. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF# the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. -e- ATTEST: MATTI HIRAI City Clerk ATTEST: Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: CITY OF MIAMI, a Municipal Corporation of the State of Florida By CESAR H. ODIO City Manager CONSULTANT: ERM-South, Inc. By James B. Cowart, P. E. Principal CORPORATE SEAL APPROVED AS TO FORM AND CORRECTNESS: Insurance Manager LUCIA A. DOUGHERTY City Attorney ( f- 16 CITY OF MIAMI. FIORIf INTER -OFFICE MEMORANDUM TO Herbert J. Bailey DATE: February 12, 1988 ME Assistant City Manager sus.SEcr: Authorization to execute an Agreement with ERM-South, Inc. FROM REFERENCESFor City Commission Meeting Join E. Gilchrist ,� of February 25, 1980 Director ENc40suREsMemorii rid um, Resolution, Department of Development Agreement Attaches] for 'inclusion on the City Commission Meeting Agenda of February 258* 1988 is a resolution authorizing the City Manager to execute an Agreement; in substantially the form attached, with EIW-South; Inc.; in an amount not to exceed $200*000, for scientific testing and consulting services related to the site formerly known as the "Virginia Key Rubbish Disposal Pit", in order to ascertain, information related to development opportunities on Virginia Key. Funds allocated in the City's Capital Project #331044 entitled "Virginia Key Park Development Phase I" are available to be utilized for said purpose. JEG/MP/br cc: Law Department Attachments Approved by: Her' ern J. Bailey Asst t City Manager 8e--153. 0 CITY OF MIAMI. FLORIDA 0 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE: "LE: of the City Commission sus,ECT: Authorization to execute an Agreement with ERM- South; Inc. rROM Cesar H. Odio REFERENCE For City Commission Meeting City Manager ENCIOEUREQf February 25, 1988 _ Resolution. Agreement RECOMMENDATION: ti It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an Agreement, substantially in the form attached; with ERM-South; Inc., in an amount not to exceed $20,000; for scientific testing and consulting services related to the site formerly known as the "Virginia Key Rubbish Disposal Pit", in order to ascertain information related to development opportunities on Virginia Key. Funds allocated in the City's Capital Project #331044 entitled "Virginia Key Park Development -Phase I" are available to be utilized for said purpose. BACKGROUND: The Department of Development recommends the execution of the proposed Agreement in order to further determine future development opportunities on Virginia Key. on July 23, 1987; the City of Miami Commission approved Resolution No. 87-760 approving in principle the Virginia Key Master Plan and thereby establishing the City's intent to proceed with the development of this City owned property. The City of Miami maintained and operated until April 15; 1978, a solid waste disposal site --known as the -"Virginia Key Rubbish Disposal Pit", located off the Virginia Key Sewage Treatment Access Road. Z7r order to further determine future development opportunities on Virginia Key and due to the original usage of the "Virginia Key Rubbish Disposal Pit" site; testing and evaluation of ambient and soil conditions is necessary. ERM- South; Inc.; is a firm qualified and experienced -to carry -out said testing. It is therefore recommended that the proposed resolution be adopted by the City Commission on February 25; 1988. Attachments: Proposed Resolution Agreement 88-153.