HomeMy WebLinkAboutExhibit SUBCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Distribution List Below
FROM: a
Capital Improvements & Transportation
DATE: - January_5, 2007
SUBJECT: Revised Agenda Item
REFERENCES: January 11th Commission
Meeting
ENCLOSURES:
Please find attached a revised Agenda package for the following item scheduled for the January 11 th
Commission meeting:
RE. 4: Agreement with Intercounty US Labs — Virginia Key Assessment
The original package should be removed in its entirety and replaced ., ith the attached package.
Please do not hesitate to call if you have any questions, 305.416.1285. Thank you.
Distribution List:
Mayor Manuel A. Diaz
Commissioner Angel Gonzalez
Commissioner Marc Sarnoff
Commissioner Tomas P. Regalado
Commissioner Joe M. Sanchez
Commissioner Michelle Spence -Jones
Pedro G &ern:--!ez, City Manager
Larry Spring, Director of DMB
Jorge L. Fernandez, City Attorney
Priscilla Thompson, City Clerk
Elvi Alonso-Gallastegui, Agenda Coordinator
Rafael O. Diaz, Assistant City Attorney
Marta Gomez -Chen, Legislative Coordinator
Mary Conway, Chief Operating Officer
Gary Fabrikant, Assistant Director, CIT
Bill Embree, Project Manager, CIT
CIT File
FILE ID:
Date: 12/7/2006
Requesting Department: CJT Department
Commission Meeting Date: 1/11/2007 District(s)-Impacted: 01 E2 03 -❑5
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other
Subject: To authorize the City Manager to enter into an agreement with Intercounty US Laboratories —
US Labs, Inc. for the provision of Environmental Assessment and Remediation Services for the Virginia
Key Landfill Project, B-35002
Purpose of Item:
To authorize the City Manager to execute an agreement, in substantially the attached form, with Intercounty US
Laboratories — USL, Inc ("US Labs") the highest ranked firm following a selection process, pursuant to Request
for Proposals ("RFP") 04-05-109, issued in accordance with Florida Statute 287.055 and Section 18-81 of the
Code of the City of Miami, Florida, as amended. US Labs was determined by an Evaluation Committee to be the
most qualified firm to provide Environmental Assessment and Remediation Services ("Services") for the Virginia
Key Landfill Project, B-35002 ("Project").
Background
s D_
ackgYi+und in.svr'nr�atl(➢n:
The City received 5 proposals in response to RFP 04-05-109 to procure Services for the Project. The Evaluation
Committee ranked the firms as follows: (1) US Labs, (2) Camp Dresser & McKee, Inc. and (3) WRS
Infrastructure & Environment, Inc. The Committee's recommendation to enter into negotiations with the highest
ranked firm was approved by Resolution 06-0050, adopted 1/26/06. Negotiations were successful and the scope
of work was structured into 3 phases allowing the City to evaluate the success of the project and performance of
Services at each Phase. The fixed fee for Phase I was negotiated as an amount not to exceed $1,160,980,
consisting of $627,876 for services plus a $22,124 owners contingency for tasks 1-10 for a total of $650,000 and
$433,104 plus $77,876 owners contingency for a total of $510,980 for tasks 11-15. This resolution authorizes
tasks 1-10 now (Agreement) and tasks 11-15 (Amendment No. 1) at a future time once additional funding
becomes available. Prior to the time Phases II and III are required, the related scope of work and fees will be
negotiated and approval sought from the Commission to initiate each remaining Phase(s) and to authorize any
related amendments. Funds for the Project are being provided entirely by the County, consisting of $650,000
previously granted to the City with funding for the remainder to be received through an amendment to the grant
agreement with the County anticipated to be brought before the Commission for approval in March 2007.
Budget Impact Analysis
NO Is this item related to revenue"
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: B-35002
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
$1.160.980
rC.4.P APPROVAL:
/,
•
CIP l 1 (,sva ; ._ r?/7.e
If using or receiving pitat#11 —.NIA
Date
Grants
'=J
Purchasing N/A
Chief /`/Nti
Final Approvals
(SIGN AND DATE)
Budged 1`'
pk_.Iar1agement
ISept: Director
City Manager f
..TITLE
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO. EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH INTERCOUNTY LABORATORIES-
USL, INC., PURSUANT TO REQUEST FOR PROPOSALS NO. 04-05-109, TO
PROVIDE SERVICES FOR THE VIRGINIA KEY ENVIRONMENTAL ASSESSMENT
AND REMEDIATION PROJECT, B-35002, IN AN AMOUNT NOT TO EXCEED
$650,000, CONSISTING OF $627,876, FOR SERVICES, PLUS A $22,124, OWNER'S
CONTINGENCY, AS STATED HEREIN; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO. B-35002; AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR
THE PROVISION OF ADDITIONAL SERVICES, IN AN AMOUNT NOT TO EXCEED
$510,980, AS STATED HEREIN, SUBJECT ONLY TO THE AVAILABILITY OF GRANT
FUNDS TO BE RECEIVED FROM MIAMI DADE COUNTY; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE THE SCOPE AND FEES FOR PHASES II AND
III OF SAID PROJECT, SUBJECT TO CITY COMMISSION APPROVAL.
..Bode
NHEREACiiami-Dade County ("County) cieerneu It iri its i'e . inteies110 maine
certain the City of Miami's ("City's") Class II landfill at Virginia Key is closed in an
environmentally safe manner to safeguard the health, safety, and welfare of the
residents of the City and the County; and
WHEREAS, on February 17, 2004, the County approved a Comprehensive
Landfill Closure Plan wherein the County expressed its intent to assist the City with the
future remediation of the former Virginia Key Landfill site by providing a $45.6 million
remediation grant no later than 2010; and
WHEREAS, pursuant to Resolution No. 04-0440, adopted July 8, 2004, the City
Commission appropriated an initial $650,000 grant from the County to fund the costs
associated with the preparation and implementation of the Contamination Assessment
Plan and Site Assessment Report required by the County's Department of
Environmental Resource Management for the former Virginia Key Landfill site; and
WHEREAS, in order to initiate closure of the landfill, the City conducted a
competiti e seimtion process; -and issued a Request for Prc tesals-("RFP") No.,04-05
109, in accordance with Section 18-87 of the Code of. the City of Miami, Florida, as
amended, to secure a qualified outside consultant to provide Environmental Assessment
and Remediation Services for the Virginia Key Landfill Project, B-35002 ("Project"); and
WHEREAS, five proposals were received in response to the RFP and were
reviewed and ranked by an Evaluation Committee; and
WHEREAS, the Evaluation Committee ranked the top three firms in the following
order: (1) Intercounty Laboratories-USL, Inc., (2) Camp Dresser & McKee, and (3) WRS
Infrastructure & Environment, Inc.; and
WHEREAS, pursuant to Resolution No. 06-0050, adopted January 26, 2006, the
City Commission authorized the City Manager to negotiate an agreement with
Intercounty Laboratories-USL, Inc., the highest- ranked firm, and further authorized that
in the event negotiations failed with the highest -ranked firm, the City Manager negotiate
an agreement with the second and the third -ranked firms, respectively, until a contract
had been successfully negotiated; and
WHEREAS, negotiations with Intercounty Laboratories-USL, Inc. ("Contractor"),
were successful and it was determined that the scope of work should be structured in
three distinct phases affording the City the opportunity to continually evaluate the
performance of the Contractor's Services; and
WHEREAS, Phase I of the Project consists of documenting the existing
conditions at the Virginia Key Landfill ("Site") and preparing a Contamination
Assessment Plan ("CAP") and then utilizing this CAP to develop a Site Assessment
Report to be approved by the Miami Dade County Department of Environmental
Resource Management; and
WHEREAS, Phase I consists of fifteen distinct tasks; and
WHEREAS, the fixed fee for tasks one through ten (1-10) of Phase I has been
negotiated as an amount not to exceed $650,000 consisting of $627,876 for services
=-0i a $22,124 ovvners contingei�c , any - --
WHEREAS, the fixed fee for tasks eleven through fifteen (11-15) of Phase I has
been negotiated as an amount not to exceed $510,980, consisting of $433,104 for
Services plus $77,876 owners contingency; and
WHEREAS, this Resolution authorizes the City Manager to immediately execute
an agreement ("Agreement") with the Contractor for tasks 1-10 of Phase I utilizing
existing funds and further authorizes the City Manager to execute Amendment No 1 for
tasks 11-15 of Phase 1, when funds become available at a future date; and
WHEREAS, funds for the Project are being provided entirely by the County,
consisting of $650,000 previously granted to the City and the remainder to be received
from the County and added to the Project through an amendment to the grant
agreement, anticipated to be brought before the Commission for approval in March
2007; and
and
and
WHEREAS; Phasc f! -consists of ti i6'develop: ent of a Remediation ,^ ct;; :, ""•an;
WHEREAS, Phase III consists of physical Site remediation and Project close-out;
WHEREAS, prior to the time Phases II and III are required, the related scope of
work and fees will be negotiated and approval sought from the City Commission to
initiate each remaining phase and to authorize any related amendments to the
Agreement with Contractor; and
WHEREAS the City retains the sole right to award Phase II and III with
Contractor;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted by reference and incorporated as is fully set forth in this Section.
Section 2. The City Manager is authorized{1 } to execute an Agreement, in
substantially the attached form, with the Contractor, pursuant to RFP No. 04-05-109, to
provide services for the Project, in an amount not to exceed $650,000, consisting of
$627,876, for services, plus a $22,124, owners contingency, as payment for tasks one
through ten (1-10) of Phase I of the Project, with funds allocated from Capital
Improvement Project No. B-35002.
Section 3. The City Manager is authorized{1 } to execute an Agreement, in
substantially the attached form, with the Contractor, in an amount not to exceed
$510,980, consisting of $433,104, for services, plus $77,876, owners contingency as
payment for tasks eleven through fifteen (11-15) of Phase I of the Project, with funds
allocated from Capital Improvement Project No. B-35002, subject only to the availability
of grant funds to be .received from Miami Dade County.
Section 4. The City Manager is further authorized{1 } to negotiate the scope and
fees for Phases II and III subject to City Commission approval.
Section 5. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{1 } The herein authorization is further subject to compliance with all requirements that
may be imposed by the City Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
(2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the City
Commission.
City of Miami
Master Report
Resolution R-06-0050
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID #: 06-00047 Enactment Date: 1/26/06
Version: 1
Controlling Office of the City Status: Passed
Body: Clerk
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMI'1 I EE
?URSJAN i l'O REck_EST f.0.1t FR4 t. JS LS NO fla-05 ate; T?-:..: THE FIRMS MOM {3UAI) IED TO PROVIDE SERVICES FOR THE VIRGINIA KEY ENVIRONMENTAL ASSESSMENT AND
REMEDIATION, IN RANK ORDER ARE: (1) INTERCOUNTY US LABS, (2) CAMP DRESSER & MCKEE,
AND (3) WRS INFRASTRUCTURE & ENVIRONMENT, INC.; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AN AGREEMENT WITH INTERCOUNTY US LABS, THE TOP -RANKED FIRM;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE
SECOND -RANKED IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR
UNTIL A CONTRACT HAS BEEN SUCCESSFULLY NEGOTIATED; DIRECTING THE CITY MANAGER
TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION
AND APPROVAL.
Reference: Introduced: 1/4/06
Name: RFP 04-05-109 - Virginia Key Environmental Assessment of the Virginia Key Landfill
Requester: Department of Capital Cost: Final Action: 1/26/06
Improvement
Programs/Transportati
on
Notes:
Sections:
Indexes:
Attachments: 06-00047 Legislation.pdf, 06-00047 Summary Form.pdf, 06-00047 Memo.pdf, 06-00047 Memo 2.pdf,
06-00047 Synopsis.pdf, 06-00047 Parking Forms.pdf, 06-00047 RFP Cover Page.pdf, 06-00047 Pre Public
Notice.pdf, 06-00047 Scope of Work.pdf
Action History
Ver. Acting Body Date Action Sent To Due Date Returned Result
1 Office of the City 1/17/06 Reviewed and
Attorney Approved
City of Miami Page 1 Printed on 10/31/2006
1 City Commission- 1/26/06 ADOPTED
City of Miami
Page 2
Printed on 10/31/2006
A motion was made by Joe Sanchez, seconded by Tomas Regalado, that this matter be ADOPTED. Chairman
Gonzalez: Commissioner Sanchez.
Commissioner Sanchez: CA.2 is a resolution. I respectfully request that it be pulled for discussion; just have some
questions pertaining to this item. It is an item pertaining to the Department of Capital Improvements, and if we could
have the executive director step up to the mike. This contract, my understanding, covers everything from the
assessment to the entire clean-up, but it's my understanding that the funding -- there's only funding for assessment
now. I want to know what's going to be the steps. How is this going to be done? This is -- it's my understanding,
it's a total of $45 million for the clean-up, correct?
Mary Conway: Mary Conway, CIP (Capital Improvements Program). The total of 45 million is the worst case estimate
that DERM (Department of Environmental Resources Management), in conjunction with the City, have determined
may be the cost for the total clean-up at the Virginia Key site. The item that's before you today is simply approving
the rank order of the firms that went through a competitive selections process, and then what will be brought back
before you is only phase I, which is estimated to cost no more than a million dollars, which is the assessment -- all of
the environmental testing and the assessment -- to determine the extent so that we'll know exactly how much the
cleanup will cost. There is an option in the contract to actually have the selected firm, once the assessment is
c;,rnpleted, also do the cleanup on site. Funds will have to be identified, and we'll work in partnership with DERM.
Alicia Cuervo Schreiber (Chief of Operations): Commissioners, Alicia Cuervo Schrieber. The County ispayiu.g the
$650,000 for the assessment and has passed a resolution identifying up to $45 million for the clean-up. They broke
that down earlier last year. The details of that have not been ironed out, but that is a funding source that we would be
seeking.
Commissioner Sanchez: But different phases are going to have an estimated cost, so in other words, what I'm
requesting from this resolution, being that worst case scenario, you're talking about $45 million, I want to see more
transparency as to the amounts as we go along the process, especially when it comes in front of us on a consent
agenda item, so that's all that I'm asking for. We want to be more informed as to the numbers pertaining to the entire
process --
Ms. Cuervo Schreiber: Commissioner --
Commissioner Sanchez: -- because you have a resolution right here, and basically, you know, thanks through
gathering information, meetings through you, we estimate that possibly the costs for the assessment will possibly be
around the ballpark figure, about $750,000; yet, it's not stated in this resolution.
Ms. Cuervo Schreiber: And Commissioner, I apologize. I will clarify it. This resolution is only to select the firm.
However, the dollar amounts will come in a subsequent Commission meeting, where we will outline the costs, the
a�wuaicu amount, $nd the entire cost of the projset; This is just f ;• the :.etc xinn of the firm
Commissioner Sanchez: All right. Thank you, Mr. Chairman.
Chairman Gonzalez: All right. Need a motion to approve.
Commissioner Sanchez: Yes, so move.
Commissioner Spence -Jones: Second.
Commissioner Regalado: Second.
Chairman Gonzalez: We have a motion to approve CA.2 and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye. The motion; oar.ied
Aye: 5 - Angel Gonzalez, Johnny L. Winton, Joe Sanchez, Tomas Regalado and Michelle Spence -Jones
City of Miami Page 3 Printed on 10/31/2006
Office of the Mayor 1/31/06 Signed by the Mayor
1 Office of the City Clerk 2/1/06 Signed and Attested by
City Clerk
Office of the City
Clerk
City of Miami Page 4
Printed on 10/31/2006
City of Miami
Master Report
Resolution R-04-0440
City Hall
3500 Pan American Drive,
Miami, FL 33133
www.miamigov.com
File ID #: 04-00735 Enactment Date: 7/8/04
Version: 2
Controlling City Commission Status: Passed
Body:
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED: "OLD VIRGINIA KEY LANDFILL SITE REMEDIATION
ASSESSMENT GRANT" AND APPROPRIATING A GRANT AWARD, IN THE AMOUNT OF $650,000,
F4.OM MIAMI DADE COUNTY ("COUNTY");_ BUT►-1Oif 1NG THE CITY MANAGER TO EXECUTE A
GRANT AGREEMENT, IN SUESTANTTIA? -'_Y THF..:? TTi Ar,' ED FuR t 13 TWEEN THE CITY Y OF
MIAMI AND THE COUNTY, FOR ACCEPTANCE OF THE GRANT.
Reference:
Name: Old Virginia Key Landfill Site Remediation Assessment Grant
Requester:
Notes:
Introduced: 6/24/04
Cost: Final Action: 7/8/04
Sections:
Indexes:
Attachments: 04-00795-cover memo.pdf, 04-00795- exhibit -grant agreement.pdf
Action History
Ver. Acting Body
Date Action
Sent To
Due Data Returned Rased
2 City Commission 7/8/04 ADOPTED
This Matter was ADOPTED on the Consent Agenda.
Aye: 5 - Angel Gonzalez, Johnny L. Winton, Joe Sanchez, Tomas Regalado and Arthur E. Teele, Jr.
2 Office of the City 7/8/04 Reviewed and
Attorney Approved
2 Office of the Mayor 7/16/04 Signed by the Mayor
1
City of Miami Page 1 Printed on 12/4/2006
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
PROFESSIONAL SERVICES AGREEMENT
SERVICE CATEGORY:
CONTRACT TYPE:
PROJECT NAME:
PROJECT NO.:
CONSULTANT:
CONSULTANT'S OFFICE:
CITY AUTHORIZATION:
CITY CONTRACT No.:
ENVIRONMENTAL SERVICES
PROJECT SPECIFIC
VIRGINIA KEY ENVIRONMENTAL REMEDIATION
B-35002
INTERCOUNTY LABORATORIES - USL, INC. D/B/A
BUREAU VERITAS NORTH AMERICA, INC.
11860 WEST SR 84, SUITE 1
FT. LAUDERDALE, FLORIDA 33325
FACSIMILE (954) 236-8268
RESOLUTION No. 07-
B-35002-USL
THIS AGREEMENT, made and entered into this day of , 2007 by and between
the City of Miami, Florida, a municipal corporation, hereinafter called the City, and Intercounty
Laboratories-USL, Inc. d/b/a Bureau Veritas North America, Inc. a Delaware Corporation,
hereinafter called Contractor.
WITNESSETH:
A. The City issued a Request for Proposals ("RFP") No. 04-05-109 on June 27,
2005 for the provision of Environmental Services for the Virginia Key Landfill and Contractor's
proposals ("Proposal"), in response thereto, was selected as one of the most qualified for the
provision of said services. The RFP and the Proposal are sometimes referred to herein,
collectively, as the Solicitation Documents, and are by this reference expressly incorporated into
and made a part of this Agreement as if set forth in full.
B. WHEREAS, the City, through action of the City Commission, has selected the
Contractor in accordance with the applicable provisions of the City Procurement Ordinance, to
y_..
Yiur:ryQ ;nc servic ^e doscrlbed herein by Resolution No. Jb u0;,v, arloptev January tJ, tvvC
and authorized the City Manager to negotiate this Agreement
C. WHEREAS, the City, through action of the City Commission, by Resolution No.
07- , adopted , has authorized the City Manager to execute this Agreement
NOW THEREFORE, in consideration of the mutual covenants and compensation set
forth herein the City and Contractor agree as follows:
Section 1 - Terms and Conditions
1. DEFINITIONS
Whenever the following terms or pronouns in place of them appear in the Agreement, the intent
and meaning shall be interpreted as follows:
Agreement means this document, the Request for Proposals, Proposal addenda, and the
Contractor's Proposal, all Attachments, the record of the award by the City Commission, any
required Performa^ce Bond and Payrnerf Bond, :the N^+'ce of Award, the Contract, the
Notice(s) to Proceed, the Purchase Order, Change Orders any contract options (Supplemental
Agreements) exercised by the City, the Environmental Assessment Proposal dated November
15, 2006, Field Orders, Supplemental Instructions, and any additional documents the
submission of which is required by the Agreement, are the documents which are collectively
referred to as the Agreement.
Change Order means a written document ordering a change in the Contract Price or Contract
Time or a material change in the Work. A change order must comply with the Agreement and
the Procurement Ordinance of the City.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as owner of the Project. In the
event the City excrcisa its regulatory authority ac a gave r.,�,crital body, .the exercise of such
regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances
shall be deemed to have occurred pursuant to City's authority as a governmental body and shall
not be attributable in any manner to the City as a party to this Agreement. For the purposes of
Consultant's Initials City's Initials
Page 2 of 33
City Contract No. B-35002
this Agreement, "City" without modification shall mean the City Manager or Director, as
applicable.
City Commission means the governing and legislative body of the City.
City Manager means the Chief Administrative Officer of the City.
Construction Change Directive means a written directive to effect changes to the Work,
issued by the City.
Agreement Price means the original amount negotiated and award by the City, as may be
amended by an eligible and authorized Change Order.
Contractor Principal In Charge and Project Manager mean the people designated by
Contractor as its lead representatives to the City. The Contractor Principal in Charge shall have
the authority to obligate and bind Contractor and to act on all matters on behalf of Contractor.
Agreement Time means the time period defined in this Agreement for the Contractor to
complete Phase I of the Project.
-Contractor meansthe ersor,_frrrn__ or com .r at on with whom the CM, as cr+ntra:.ted
&--responsible for the acceptable performance of the Work and for the pay menu of ail logat a :,1-s'x
pertaining to the Work. All references in the Agreement to third parties under contract or control
of Contractor shall be deemed to be a reference to Contractor.
Cure means the action taken by the Contractor promptly after receipt of written notice from the
City of a breach of the Agreement for the Work, which shall be performed at no cost to the City,
to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or
the Agreement affected by such breach, or to otherwise make good and eliminate such breach,
including, without limitation, repairing, replacing or correcting any portion of the Work or the
Project site disturbed in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Agreement after receipt of written notice to Cure
from the City identifying the deficiencies and the time to Cure.
DERM means the Miami -Dade County Department of Environmental Resource Management.
Director means the Director of the Department of Capital Improvements and Transportation or
designee, who has the authority and responsibI ty for managing the Project under this
Agreement.
EAP means the Contractor's Environmental Assessment Proposal dated November 15, 2006,
attached hereto as Attachment "A and made a part of this Agreement.
Field Directive means a written approval for the Contractor to proceed with Work requested by
the City, which is minor in nature and should not involve additional cost.
Final Completion means the date certified by City in the Final Certificate of Payment upon
which all conditions and requirements of any permits and regulatory agencies have been
satisfied; any documents required by the Agreement have been received by City; any other
documents required to be provided by Contractor have been received by City; and to the best of
City's knowledge, information and belief the Work defined herein has been fully completed in
accordance dance with the ter, al id ..-,ocidijulib ihe Agreement.
Inspector means an authorized representative of City assigned to make necessary inspections
of materials furnished by Contractor and of the work performed by Contractor.
Consultant's Initials City's Initials
Page 3 of 33
City Contract No. B-35002
Materials means goods or equipment incorporated in this Project, or used or consumed in the
performance of the Work.
Notice To Proceed means a written letter or directive issued by the Director or City's Project
Manager acknowledging that all conditions precedent have been met and directing that the
Contractor may begin Work on the Project or a specific task of the Project.
Project means the Work described in the Agreement.
Project Initiation Date means the date upon which the Agreement Time commences.
City's Project Manager means an employee or representative of the City assigned by the
Director to manage and monitor the Work to be performed under this Agreement.
Punch List means a compilation of items of Work required to be performed by, or through the
Contractor prior to Final Completion and payment.
Request For Information (RFI) means a request from the Contractor seeking an interpretation
or clarification relative to the Agreement and/or the Work
Risk Administrator. means the City's _.flak Manegernan: A -!;inistatorr._or designee, or the__
individual named dy the City ivlanager TO administer mattb rs reic:tincr 4 rurance and risk of
Toss for the City.
Subcontractor means a person, firm or corporation having a direct contract with Contractor
including one who furnishes material worked to a special design according to the Agreement,
but does not include one who merely furnishes Materials not so worked.
Submittals mean documents prepared by the Contractor or those working on its behalf to show
required by the City or other regulatory agencies necessary for the completion of the Work
under this Agreement.
Work means the services required by the Agreement, whether completed or partially completed,
and includes all other labor, materials, equipment and services provided or to be provided by
Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the
Project.
2.SCOPE OF WORK
Contractor hereby agrees to furnish all labor, materials, equipment, services and incidentals
ner ssary to complete tasks one through ten (1-10)'toward the dev:.lopment and approval
DERM of a Contamination Assessment Plan (CAP) and a Site Assessment Report (SAR) for the
Virginia Key Landfill as described for Phase I in the Request for Proposal (RFP), and more
specifically defined in Contractor's EAP included as Attachment "A".
The location where the Work is to be performed is identified in the RFP and the Contractor's
EAP.
The Contractor shall perform the first ten tasks as described in the Contractor's Environmental
Assessment Proposal (EAP) dated November 15, 2006 as a result of the final negotiations.
Should a conflict in terms arise between the terms and conditions of this Agreement and the
EAP, the EAP shall control.
3. CONTRACT OPTIONS
The City at its sole discretion may exercise options for the completion of tasks eleven through
fifteen (11-15) of the Phase I EAP Proposal dated November 15, 2006 as well as Phase II and
Consultant's Initials City's Initials
Page 4 of 33
City Contract No. B-35002
Phase III as detailed in the RFP. Should the City elect to exercise the option to complete Phase
I, the City and Contractor have negotiated the attached Amendment No. 1 (Attachment B) for
this purpose and may enter into the Amendment pursuant to the authority granted to the City
Manager by Resolution No. 07- adopted on January 11, 2007 subject to the availability
of grant funds to be received by Miami Dade County. If the City desires to exercise the Phase II
or Phase III options, the City may enter into negotiations with the Contractor for the purposes of
entering into a supplemental agreement to this Agreement which shall include additional
contractual terms and conditions specific to each supplemental agreement, increase the Scope
of Work to reflect the requirements of each Phase, and itemize the cost for each Phase. Such
negotiations will be reflected in the supplemental agreement(s) to the Agreement, which will be
subject to the approval of the City Manager and the City Commission.
4. INTENTION OF CITY
It is the intent of City to describe in this Agreement the Project to be completed in accordance
with the Agreement and in accordance with all codes and regulations governing all the Work to
be performed under this Project. Any work, materials or equipment that may reasonably be
inferred from the Agr esnentasbeing required to produce the intended result shall be supplied
y . Contractor whether nr n if cal;y called for. When i en word , vvr-fr l i a-v' a wil-khowf
technical or trade meaning, are used to describe work, materials or equipment, such words shall
be interpreted in accordance with that meaning. Reference to standard specifications, manuals,
or codes of any technical society, organization or association, or to the laws or regulations of
any governmental authority, whether such reference be specific or by implication, shall mean
the latest standard specification, manual, code or laws or regulations in effect at the time of
opening of bids and Contractor shall comply therewith. City shall have no duties other than
those duties and obligations expressly set forth within the Agreement.
5. CONTRACT TIME
The Director shall issue a Notice of Award to the Contractor upon approval of the award by the
City Commission and execution of the Agreement by the City Manager.
Contractor acknowledges that certain tasks of its EAP will require permits. Contractor shall not
commence any Work under this Agreement until the City has issued a Notice to Proceed (NTP),
and permits as required are obtained by the Contractor for each task of the Project. The
Contractor shall notify the City and DERM forty-eight (48) hours prior to the commencement of
Work„ . 4
Time is of the essence throughout this Agreement. The Work shall be completed four hundred
eighty (480) calendar days (16 months) from the issuance of the Notice to Proceed. The
contract time is based on fourteen (14) months of field and professional services to complete
the ten tasks identified in the EAP, plus two, 30-day regulatory reviews. Should DERM take
greater than 30 days per review, Contractor will notify City of said condition within five (5)
business days.
In the event the City and Contractor enter into Amendment No. 1, the Contractor agrees to
perform tasks eleven through fifteen (11-15) as set forth in the Amendment.
6. CONTRACT VALUE
Contractor will perform the above Scope of Work for an aggregate Fixed Fee by Task of Six
Hundred Fifty Thousand dollars ($650,000). The task detail shall serve as the Schedule of Values
for the project and milestones for monthly billing and payment for completion of specific tasks will
Consultant's Initials City's Initials
Page 5 of 33
City Contract No. B-35002
be based upon mutually agreeable percentage completion for each task. A breakdown of the fee
by task is presented below:
1. Project Initiation and Kick-off Meeting $12,870
2. Historical Records Review, Research and Interviews $17,055
3. Site Specific Health and Safety Plan $5,110
4. Program Management $24,260
5. Land Survey $116,289
6. Contamination Assessment Plan and DERM Approval $48,412
7. Wetlands Survey $68,390
8. Characterization of Waste and Horizontal Delineation $128,730
9. Vertical Waste Delineation $122,578
10. Installation of Landfill Gas Probes $84,182
Subtotal $627,876
ewer's Contingency $22 124
Total $650,000
This shall be a Firm Fixed Price and the Contractor shall not be entitled to any additional
compensation for any requirements necessary to obtain the approvals of the CAP and those
elements in Tasks one through ten (1-10), above of the EAP dated November 15, 2006 unless
such requirements are mandated by DERM, the City or other regulatory agency, or where the
City makes changes in the Scope of Work or the Contract Terms and Conditions. Payments
shall be made for Work based on Article 9, Progress Payments.
8. LABOR AND MATERIALS
Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power,
transportation and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
uuntractof shall at all times enfoice- strict and good order among its employee!.And
subcontractors at the Project site and shall not employ on the Project any unfit person or
anyone not skilled in the work to which they are assigned.
9. PROGRESS PAYMENTS
Contractor shall make monthly Application for Payment for Work completed during the Project
based on the percent complete of each of the tasks identified in the EAP. Billing will be done
monthly based on percent complete of all tasks underway in a given month. A 10% retainage on
the final fixed fee will be held until approval that all tasks have been completed to the City's
satisfaction.
Contractor's Application for Payment shall include a partial release of liens relative to the Work,
which is the subject of the Application for Pavi"nenf and any other information required by the
City. Contractor shall also submit an updated Project Schedule reflecting the current status
against the accepted baseline Project Schedule. Each Application for Payment shall be
submitted in triplicate to City's Project Manager for approval.
Consultant's Initials City's Initials
Page 6 of 33
City Contract No. B-35002
City may withhold, in whole or in part, payment to such extent as may be necessary to protect
itself from loss on account of:
• Defective Work not remedied.
■ Claims filed or reasonable evidence indicating probable filing of claims by other parties
against Contractor or City because of Contractor's performance.
• Failure of Contractor to make payments properly to Sub -Contractors for materials,
equipment, or labor.
• Failure of Contractor to provide any and all documents required by the Agreement by
DERM.
10. PAYMENTS
Payment of an approved Application for Payment approved by the City shall be made within
thirty (30) days after receipt of Contractor's Application for Payment by the City, which shall be
accompanied by sufficient supporting documentation and contain sufficient detail, to allow a
proper audit of expenditures, should the City require one to be perform--
11. SUPERINTENDENCE AND SUPERVISION
Contractor shall keep on the Project during its progress, a full-time competent English speaking
Principal in Charge and Project Manager and any necessary assistants. The Contractor's
Principal in Charge and Project Manager shall not be changed except with the written consent
of City, unless the Contractor's Project Manager proves to be unsatisfactory to Contractor or
ceases to be in its employ. The Contractor's Principal in Charge and Project Manager shall
represent Contractor and all directions given to the Contractor's Project Manager shall be as
binding as if given to Contractor and will be confirmed in writing by the Contractor's Principal in
Charge. Contractor shall give efficient supervision to the Work, using its best skill and attention.
The City shall be provided telephone number(s) for the Contractor's Project Manager where the
superintendent can be contacted during normal working hours as well as after hours for
emergencies.
Contractor's Project Manager shall record, at a minimum, the following field information in a
bound log: the day; date; weather conditions and how any weather condition affected progress
of the Work; time of commencement of work for the day; the work being performed; materials,
labor, personnel-equiprrment and- subcontractors at the Project site; visitors to the. Project site,
including representatives of the City, regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of work for the day. All
information shall be recorded in the daily field log in indelible ink. The daily log shall be kept on
the Project site and shall be available at all times for inspection and copying by City.
Contractor and the City's Project Manager shall hold progress meetings as deemed necessary
by the City to ensure the timely completion of the Work. The Contractor shall publish, keep, and
distribute minutes and any comments thereto of each such meeting as detailed in the EAP.
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Agreement. Contractor shall be solely responsible for the means,
methods, tech,iiques, sCc/ u:: Ices a lid procedures of construction associated with the Work.
12. NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States Mail, postage prepaid, return receipt requested, electronic mail, or by
Consultant's Initials City's Initials
Page 7 of 33
City Contract No. 8-35002
hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to
the party for whom it is intended at the place last specified. The place for giving notice shall
remain the same as set forth herein until changed in writing in the manner provided in this
section. For the present, the parties designate the following:
For City:
Gary Fabrikant
Assistant Director -Capital Improvement Program/Transportation
Office of the City Manager
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
With copies to:
(PM's name to be inserted)
Department of Capital 'mprove,nents aria Tran .por tatic n
City of Miami
444 SW 2nd Ave., 8th Floor
Miami, Florida 33130
For Contractor:
Mark E. Lynch, Jr. Chief Operations Officer
Intercounty Laboratories-USL, Inc. d/b/a Bureau Veritas North America
11860 West SR 84, Suite 1
Suite 1, Ft. Lauderdale, Florida 33325
Facsimile (954) 236-8108
With copies to:
Ricnard Tong, Esq., Gerieral`Cour sei & Executive Vice President
Intercounty Laboratories-USL, Inc. d/b/a Bureau Veritas North America
11860 West SR 84, Suite 1
Suite 1, Ft. Lauderdale, Florida 33325
Facsimile (954) 236-8268
13. INDEMNIFICATION
Consultant shall hold harmless, indemnify and defend City, its officials and employees
from any and all claims, losses and causes of actions which may arise out of the
per itiai o;. this Agreement as a result of any act of negligence or i�CyiiyCrii
omission, recklessness, or intentionally wrongful conduct of Consultant or its Sub -
consultants. Consultant shall pay all claims and losses of any nature whatsoever in
connection therewith and shall defend all Project related suits, in the name of City when
applicable, and shall pay all costs, including without limitation reasonable attorney's and
Consultant's Initials City's Initials
Page 8 of 33
City Contract No. B-35002
appellate attorney's fees, and judgments which may issue thereon. Consultant's
obligation under this Article shall not be limited in any way by the agreed upon
compensation, or Consultant's limit of, or lack of, sufficient insurance protection and
shall apply to the full extent that it is caused by the negligent act or omission,
recklessness or intentional wrongful conduct of Consultant, its agents, servants,
representatives or Sub -consultants.
14. INSURANCE
Contractor agrees to comply with the provisions of Exhibit 1, attached hereto and
incorporated herein prior to the commencement of the work hereunder.
15. MODIFICATIONS TO COVERAGE
The City through its Risk Administrator or authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations and shall provide a thirty (30) day written notice to the
Contractor. In that event Contractor shall comply with such requests unless the insurance
-_ ccver-2ge is not then c , 9, -t bi + national market, , n ' ,ems ?ry 36: n I
�rf r �Ea�s; ,:aii2 p '�i�rhe _ �a! � may -�
consideration from City accompanied bye j.i fication. All additional cost will be born by the City.
16. DISCRETION OF DIRECTOR
Any matter not expressly provided for herein dealing with the City or decisions of the City shall
be within the exercise of the reasonable professional discretion of the Director or the Director's
authorized designee.
17. AUTHORITY OF THE CITY'S PROJECT MANAGER
The Director hereby authorizes the City's Project Manager to determine or answer, all questions
of any nature whatsoever arising out of, under or in connection with, or in any way relating to or
on account of the Work, and/or as to the interpretation of the Work to be performed.
The Contractor shall be bound by all determinations or orders of the City's Project Manager and
shall promptly respond to requests of the Project Manager, including the withdrawal or
modification of any previous order, and regardless of whether the Contractor agrees with the
Project Manager's determination or requests. Where requests are made orally, the Project
Manager will follow up in writing, within 24 hours.
v
The project Manager shall have authority to act on behalf of the City to the extent provided by
the Agreement, unless otherwise modified in writing by the City. All instructions to the
Contractor shall be issued in writing. All instructions to the Contractor shall be issued through
the Director or designee or the Project Manager.
The Project Manager shall have access to the Project Site during normal work hours, unless
access in required by the City due to health, safety or welfare of the City or the public. The
Project Manager will make periodic visits to the Work Site to become generally familiar with the
progress and quality of the Work, and to determine if the Work is proceeding in accordance with
the Agreement.
The Project Manager will not be responsible for the Contractor's means, methods, techniques,
sequences or procedures, or for safety precautions and programs in c`nnnPetinn wi±i, the Work,
and will not be responsible for the Contractor's failure to carry out the Work in accordance with
the Agreement.
Consultants Initials City's Initials
Page 9 of 33
City Contract No. B-35002
The Project Manager will have authority to reject Work that does not conform to the Agreement
requirements of the Agreement. Whenever, in his or her opinion, it is considered necessary or
advisable to insure the proper implementation of the Agreement, the Project Manager will have
authority to require special inspections or testing of the Work. Neither the Project Manager's
authority to act under this Article, nor any decision made by him/her in good faith either to
exercise or not to exercise such authority, shall give rise to any duty or responsibility of the
Project Manager to the Contractor, any Sub -Contractor, supplier or any of their agents,
employees, or any other person performing any of the Construction Work.
All interpretations and recommendations of the Project Manager shall be consistent with the
intent of the Agreement.
The Project Manager will not be responsible for the acts, errors or omissions of the Contractor,
or anyone employed or contracted directly or indirectly by the Contractor including any Sub -
Contractor, or any of their agents or employees, or any other persons performing any of the
Work.
19. CONSTRUCTION SIGNAGE
-th 1 n -i Sin+-F ._i _ _ _ t _ rng -r nd -1 -
�;,,�t y � ,�i� .ice- ,. ,. .. �; -- f 11C I� L`f.S..�1�0.1'tl.i:
.L � ,4 .urOVlua� , a.Z,'i�r`d...�r .rie Wt7T'G�. �y ai .v i �....c Vt IITi; jt„t :�i s i�: U. �-Go. :
conference. The Contractor shall furnish the two City of Miami signs at the Project Site as
follows:
The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah, Florida
(305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet high and
constructed of pressure sensitive 2 mil cast vinyl overmounted with 3 mil mylar and
mounted to 1 MDO with painted back. The sign shall be mounted on 4 inch square
wood or perforated "U" channel metal posts painted white, and be readable at eye level.
The colors to be used on the sign are as follows: the background shall be white with
blue lettering; the seal shall be white and gold with blue lettering form.
The second sign shall reflect other funding sources for the project and shall reflect the
Project information. The sign shall be 4 feet wide by 8 feet high by 3/ inch (thick)
exterior plywood, suitably mounted and readable at eye level. The colors shall be blue
and white. The background shall be white and all lettering shall be blue Helvetica. All
paint shall be rated outdoor enamel. The City will provide the City Seal in decal form.
The Contractor shall also post appropriate construction site warning .signs at the Work
Site. Such' signs shall be posted to warn pedestrian and vehicle tiaffic. Signage shah
also be placed waterside to alert boater to the construction zone, requiring idle speed
and a minimum clearance distance. Contractor shall provide drawings for the signage,
which shall be subject to approval by the Consultant.
The City shall approve the locations for all signage
20. CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE
Where the Contractor's operation could cause damage or inconvenience to telephone, fiber
optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor
shall make all arrangements necessary for the protection of these utilities and services or any
other known utilities. Notify all utility companies that are affected by the construction operation
at least 48 hours in advance. Under no circurii iarlle expose any utility without first obtaining
permission from the appropriate agency. Once permission has been granted, locate, expose,
and provide temporary support for all existing underground utilities and utility poles where
necessary.
Consultant's Initials City's Initials
Page 10 of 33
City Contract No. B-35002
The Contractor and his Subcontractors shall be solely and directly responsible to the owner and
operators of such properties for any damage, injury, expense, Toss, inconvenience, delay, suits,
actions, or claims of any character brought because of any injuries or damage which may result
from the construction operations under this Agreement. Neither the City nor its officers or
agents shall be responsible to the Contractor for damages as a result of the Contractor's failure
to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as a
result of accidental breakage due to construction operations, promptly notify the proper
authority. Cooperate with said authority in restoration of service as promptly as possible and
bear all costs of repair. In no event shall interruption of any utility service be allowed unless
granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor
may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the
service with similar and equal materials at the Contractor's expense and as approved by the
City's Project Manager. Replace, with material approved by the City's Project Manager, at
Contractor's expense, any and all other laterals, existing utilities or structures .removed or
aged during coriitTucron, unie5s u t`Se pr v ded rC it `ti'F`T �r iir iYca•l,; �3^ 3t3FYi .�4c
by the Consultant. Replace with material approved by the City's Project Manager, at
Contractor's expense, any existing utilities damaged during the Work
21. PROJECT SITE FACILITIES
To the extent necessary for completion of the Work, Contractor may elect to arrange for Project -
site facilities as necessary to enable the Contractor and the City to perform their respective
duties and to accommodate any representatives of the City which the City may choose to have
present at the Project. Project -site facilities, include, but are not limited to such things as
trailers, toilets, typewriters, computers and any other equipment necessary to carry on the
Construction Work. The Contractor shall provide and maintain at his own expense, in a sanitary
condition, such accommodations for the use of his employees as is necessary to comply with
the requirements including Chapter 46 of the Building Code and regulations of the State of
Florida Department of Health and Rehabilitative Services or Dade County Health Department.
The Contractor, his employees or his Subcontractors shall commit no public nuisance or use
any facilities that have not been specifically provided for use by the Contractor. The Contractor
shall furnish an adequate supply of drinking water for his and his Sub -Contractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable materials
are properly disposed of and do not create a nuisance to the City or the public. The location of
the temporary facilities shall be subject to the approval of the City's Project Manager
The Contractor shall be required to obtain all necessary permits required for any Project site
facilities. Contractor shall also be responsible to maintain such facilities in a safe and working
condition. All such facilities remain the property of the Contractor and the Contractor shall be
responsible for removal and disposal of such facilities prior to Final Acceptance.
22. SECURITY
The site where the Work is to be performed is not a secure site and the public has access to the
site. The Contractor shall have sole responsibility for the security of all materials, tools,
equipment and Work at the site. I he city shall not be liable for any damage or loss to such
materials, tools, equipment and Work.
23. STOP WORK ORDER
Consultant's Initials City's Initials
Page 11 of 33
City Contract No. 8-35002
The City may, at any time, by written order to the Contractor, require the Contractor to stop all,
or any part, of the Work for a period of up to ninety (90) days (or any lesser period),
commencing no sooner than the date the order is delivered to the Contractor, and for any
further period to which the parties may agree. Any such order shall be specifically identified as
a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or
the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any
extension to which the parties have agreed the City shall either cancel the Stop Work Order; or
terminate the Work covered by such order as provided in Right to Terminate.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to the
Contractor for such suspension other than extending the time for Substantial Completion to the
extent that, in the opinion of the City, the Contractor may have been delayed by such
suspension. In the event the Consultant determines that the suspension of Work was
necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by
the Contractor or any other reason caused by Contractor's fault or omission, the Contractor
shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order.
24. HURRI - E PRECFUTE0N6
During such periods of time as are designated by the United States Weather Bureau as being a
hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions
necessary to secure the Project site in response to all threatened storm events, regardless of
whether the City has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute additional
work. Additional work relating to hurricane warning or alert at the Project site will be addressed
by a Change Order. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the Contractor to
additional Contract Time as non-compensable, excusable delay, and shall not give rise to a
claim for compensable delay.
25. CLEANING UP; CITY'S RIGHT TO CLEAN UP
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of the Project, Contractor shall remove all
its -Nast?: materials and rubbish from and about the Project as well as its tools, construction
equipment, machinery and surplus materials. If Cc; }-actcr fails• to ,.:loan up during the
prosecution of the Work or at the completion of the Work, City may do so and the cost thereot
shall be charged to Contractor. If a dispute arises between Contractor and separate contractors
as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the
contractors responsible therefore as Consultant shall determine to be just. All large quantities of
stored combustible waste materials, shall be removed from the Project at the end of each day.
Cleaning operations should be controlled to limit dust.
26. REMOVAL OF EQUIPMENT
In case of termination of this Agreement before completion for any cause whatsoever,
Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of City. If the Contractor to comply with City's order,
the City shall have the right to remove such equipment and supplies at the expense of the
Contractor.
27. PROJECT RECORDS
Consultant's Initials City's Initials
Page 12 of 33
City Contract No. B-35002
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project, and to any claim for additional
compensation made by Contractor, and to conduct an audit of the financial and accounting
records of Contractor which relate to the Project and to any claim for additional compensation
made by Contractor. Records subject to the provisions of Public Record Law, Florida Statutes
Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain
and make available to City all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of three (3) years following Final
Completion of the Project. During the Project and the three (3) year period following Final
Completion of the Project, Contractor shall provide City access to its books and records upon
seventy-two (72) hours written notice.
28. SUBCONTRACTS
A Sub -Contractor is any person or entity that is performing, furnishing, supplying or providing
any portion of the Construction Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Sub -Contractors.
c.N - i! 1� ^ '., R i a '� ;`'`.I i -1, 1'1tt' to �•1P bound -'%r!traC.t(i..� f(1 the
-?• .� _ r3-•t,c. �G v�- = bCl1n_. o the �%�
.E{- �uv.,.��Cc�Ct�• a� i��. (', t r.,:, alr.,, mom r; — -
same extent Contractor is bound to the City by the tPri ids of the Agreement.
29. KEY PERSONNEL
The Contractor acknowledges that it was selected by the City, in part, on the basis of
qualifications of particular staff identified in Contractor's response to the RFP, hereinafter
referred to as "Key Personnel". Contractor shall ensure that Key Personnel as detailed in the
Attachments are available for Work hereunder as long as said Key Personnel are in
Contractor's or Subcontractor's employ. Contractor will obtain prior written approval of Director
or designee to change Key Personnel. Contractor shall provide Director, or designee with such
information as necessary to determine the suitability of proposed new Key Personnel. Director
will act reasonably in evaluating Key Personnel qualifications.
30. REMOVAL OF UNSATISFACTORY PERSONNEL
The City may make written request to Contractor for the prompt removal and replacement of
any personnel employed or retained by the Contractor, or any Subcontractors, or any personnel
of any such Subcontractors engaged by the Contractor to provide and perform services or Work
,, : s+uant to therequirements of this Contract. The Contractor shall respDni= to the City within
fourteen (14) calendar days of receipt of such request with either the removal and replacement
of such personnel or written justification as to why that may not occur. The Project Manager
shall make the final determination as to the removal of unsatisfactory personnel from the Work.
Such decision shall not be construed as directing the Contractor to terminate any employees'
employment with the Contractor.
31. WORKER'S IDENTIFICATION
The Contractor's employees, who include any subcontractor, shall wear an identification card
provided by the Contractor. The identification card shall bear the employee's picture, name, title
and name of the employer. Failure by a Contractor's employee to wear such identification may
result in his removal from the Work until such time as the identification card is obtained and
vvun i. Such removal shall not act as a basis for the Contractor to submit a claim for no
extension of time.
32. CONTINUING THE WORK
Consultant's Initials City's Initials
Page 13 of 33
City Contract No. B-35002
Contractor shall carry on the Work and adhere to the Project schedule during all disputes or
disagreements with City, including, without limitation, disputes or disagreements concerning a
request for a Change Order, the Contract timeframe for completion of the Work. The Work shall
not be delayed or postponed pending resolution of any disputes or disagreements. All disputes
shall be resolved in accordance with Article 57, Resolution of Contract Disputes and Article 57
Mediation -Waiver of Jury Trial.
33. PUBLIC ENTITY CRIMES
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to the City, may not submit a bid on a contract with the City for
the construction or repair of a public building or public work, may not submit bids on leases of
real property to the City, may not be awarded or perform work as a contractor, supplier, or
subcontractor, under a contract with the City, and may not transact any business with the City in
excess of the threshold amount = provided in Section 287.017, Florida Statutes for cate2.oiy two,
p'arch2se for a 0dcf im t" E` om till daie of being piacea ollMFconvicted vendor
Violation of this section by Contractor shall result in cancellation of the City purchase and may
result in Contractor's debarment.
34. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS
WITH DISABILITIES ACT
Contractor warrants and represents that it does not and will not engage in discriminatory
practices and that there shall be no discrimination in connection with Contractor's performance
under this Agreement on account of race, color, sex, religion, age, handicap, marital status or
national origin. Contractor further covenants that no otherwise qualified individual shall, solely
by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be
excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I
and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines; and standards. In addition, Contractor shall take -affirmative steNc to
ensure nondiscrimination in employment against disabled persons.
35. AUDIT RIGHTS
Contractor 's records which shall include but not be limited to accounting records, payroll time
sheets, cancelled payroll checks, W-2's, 1099's, written policies and procedures, computer
records, disks and software, videos, photographs, subcontract files (including proposals of
successful and unsuccessful bidders), originals estimates, estimating worksheets,
correspondence, change order files (including documentation covering negotiated settlements),
and any other supporting evidence necessary to substantiate charges related to this Agreement
(all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to
audit and/or reproduction, during normal working hours, by City's agent or its authorized
representative to the extent ner.assary to adequately permit ev !_ t9.tiTn end verification of any
invoices, payments or claims submitted by the Contractor or any of his payees pursuant to the
execution of the Agreement. Such records subject to examination shall also include, but not be
limited to, those records necessary to evaluate and verify direct and indirect costs (including
overhead allocations) as they may apply to costs associated with this Agreement.
Consultant's Initials City's Initials
Page 14 of 33
City Contract No. B-35002
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be
kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections,
examinations and evaluations, the City's agent or authorized representative shall have access
to said records from the effective date of this Agreement, for the duration of the Work, and until
5 years after the date of final payment by the City to Contractor pursuant to this Agreement.
The City's agent or its authorized representative shall have access to the Contractor's facilities,
shall have access to all necessary records, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with this provision. The City or its
authorized representative shall give auditees reasonable advance notice of intended audits.
If an audit inspection or examination in accordance with this Article discloses overcharges in
excess of 1% except negotiated fees by the Contractor to the City, the actual cost of the City's
audit shall be paid by the Contractor. If the audit discloses contract billing or charges to which
Contractor is not contractually entitled, Contractor shall pay over to the City said sum within 20
days of receipt of a written demand unless otherwise agreed to by both parties in writing.
36. SAFETY PRECAUTIONS
S.;r�;;3Ct<t3 Tom• its SubccntraCfors shall :AA Occup crotiat Z.aietp
Administration (OSHA) and all other applicable federal, state and local health and safety
regulations. The Contractor will also be responsible to have a site specific safety plan. The
safety plan will be designed to protect the health and safety of local residents, local businesses,
City employees and all persons performing Work under this Agreement. The safety plan shall
be consistent with the requirements of:
• OSHA Safety and Health Standards 29 CFR 1910 (General Industry), US Department of
Labor, Occupations Safety and Health Administration
• OSHA 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response, US
Department of Labor, Occupations Safety and Health Administration
• OSHA Safety and Health Standards 29 CFR 1926 (Construction Industry), US
Department of Labor, Occupations Safety and Health Administration
• Standard of Operating Safety Guidelines, USEPA, Environmental Response Branch,
Hazardous Response Support Division, Office of Emergency and Remedial Response.
• Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activit1es,
US Department of Health and Human Seivices, Public Health Service, Center for
Disease Control, National Institute of Occupational Safety and Health
All personnel either in or adjacent to the Project Site, at a minimum, wear the protective
equipment corresponding to the level of protection stated in the Contractor's safety plan. The
appropriate levels of protection and safety protection and safety procedures for Contractor's
personnel will be clearly stated in the Contractor's safety plan. The Contractor, its employees
and subcontractors shall implement and maintain these procedures prior to and during the
performance of the Work.
It is the Contractor's responsibility to make safety and health inspections and take whatever
actions that may be necessary to prevent loss, enforce safety procedures, detect and eliminate
hazardous conditions and comply with all federal. state, and local laws and rules and
regulations concerning safety and health.
37. PERMITS, AND LICENSES
Consultant's Initials City's Initials
Page 15 of 33
City Contract No. B-35002
Except as otherwise provided within the Agreement, all permits and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant to this Agreement shall be secured and paid for by
Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of
Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work
is to be performed for all persons working on the Project for whom a Certificate of Competency
is required.
38. TAXES
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
39. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations and
resolutions and all applicable guidelines and standards in performing its duties, responsibilities,
and o;ligatione-relates to fi#n greerr�eni:= s —_
40. NO DAMAGES FOR DELAY
In the event of any delays to the Project that are caused by actions or events that are out of the
control of the City or entities hired or control by the City, the Contractor's sole remedy shall be to
seek an extension of time in accordance with the terms of the Agreement. The City shall not be
liable for any delay damages or damages attributable to performing Work out of sequence,
acceleration claims or other similar type claims, incurred by Contractor arising out of or in any
way associated with the performance under this Agreement. The Time for Completion will be
extended in an amount equal to time lost on critical Work items due to delays beyond the control
of and through no fault or negligence of Contractor if a claim is made therefore as herein. Such
delays shall include, but not be limited to, acts or neglect by any separate contractor employed
by City, fires, floods, epidemics, abnormal weather conditions or acts of God.
41. EXCUSABLE DELAY
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Sub -
Contractors, suppliers and vendors, or (ii)- is caused jointly or concurrently by Contractor or its
Sub -Contractors, suppliers cr vailuors and by ins
Contractor is entitled to a time extension of the Construction Work Time for Completion for each
day the Construction Work is delayed due to Excusable Delay. Contractor shall document its
claim for any time extension as provided in Article 42 hereof.
Where Contractor determines that the City is liable for payment of cost due to an Excusable
delay any request for additional compensation must be submitted in accordance with Article 42.
Contractor shall furnish to the City's Project Manager all documentation supporting its claim,
including, details of the claim, a description of the work affected and the actual costs resulting
from the delay.
Where the City agree to an excusable delay and the Work is being performed by a Sub -
Contractor, the C;nntrar=tnr shall he ►,id for actual costs associated with the delay plus 5%, for
indirect and overhead costs.
Where the City agrees to an excusable delay and the Work is being performed by the
Contractor's own forces the Contractor shall be reimbursed for actual costs burdened by the
Consultant's Initials City's Initials
Page 16 of 33
City Contract No. B-35002
Contractor's current Florida Department of Transportation audited overhead rate plus 5% profit
associated with the delay.
The Contractor agrees that the above constitutes its sole and exclusive remedies for an
excusable delay. Failure of Contractor to comply with Article 42 hereof as to any particular
event of delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
42. NOTIFICATION AND CLAIM FOR DELAY
Any claim for a change in the Time for Completion, shall be made by written notice by
Contractor to the Project Manager within fifteen (15) calendar days of the commencement of the
event giving rise to the claim and stating the general nature and cause of the claim. Thereafter,
within twenty (20) calendar days of the termination of the event giving rise to the claim, written
notice of the extent of the claim with supporting information and documentation shall be
provided unless the Project Manager allows an additional period of time to ascertain more
accurate data in support of the claim and such notice shall be accompanied by Contractor 's
written notarized statement that the adjustment claimed is the entire adjustment to which the
Contrac:mt4-ras-r-eav:ri to Flies :' is Riltilledy C 1 lie 9r, urrence of said event.
43. INTENTIONALLY OMITTED
44. FORCE MAJEURE:
Should any failure to perform on the part of Contractor be due to a condition of force majeure as
that term is interpreted under Florida law, then the City may allow an extension of time
reasonably commensurate with the cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under this Agreement due to a force
majeure condition, the Contractor shall request a time extension from the City within five (5)
working days of said force majeure occurrence. Any time extension shall be subject to mutual
agreement and shall not be cause for any claim by the Contractor for extra compensation
unless additional services are required. Does Not Include inclement weather except as
permitted by Florida law and may not include the acts or omissions of Subcontractors.
45. FIELD DIRECTIVES
The City's Project Manager may at times issue Field Directives to the Contractor based on visits
to the Proie^t site. .Such r=i3'd Directives shall be issued in writing and the Contractor shall be
required to comply with such directive. Where the Contractor believes that the dire!~.ve is
outside the scope of the Work, the Contractor shall, within 48 hours, notify the City's Project
Manager that the Field Directive is outside the scope of the Work. At that time the Field
Directive may be rescinded or the Contractor may be required to submit a request for a Change
Order proposal. Where the Contractor is notified of the City's position that the Field Directive is
within the scope and the Contractor disagrees, the Contractor shall notify the City's Project
Manager that the Contractor reserves the right to make a claim for the time and monies based
on the Field Directive. At no time shall the Contractor refuse to comply with the directive.
Failure to comply with the directive may result in a determination that the Contractor is in default
of the Agreement.
46. CHANGE ORDERS
Changes in the Work of the Project which are not properly the subject of Field Directives,
including all changes resulting in changes in the contract price, time or use of the Contingency
shall be authorized only by Change Orders approved in advance and issued in accordance with
the provisions of the City.
Consultant's Initials City's Initials
Page 17 of 33
City Contract No. B-35002
All changes to Construction Work must be approved in advance in accordance with the value of
the Change Order or the calculated value of the time extension. All Change Orders, excluding
those issued against the contingency, increasing the value of the Agreement by $50,000 or
more shall be approved in advance by the City Commission. All Change Orders increasing the
value of the Agreement, excluding those issued against the contingency by less than $50,000
shall be approved in advance by the City Manager or his designee. All Change Orders issued
against the contingency shall be approved by the Director or designee.
47. VALUE OF CHANGE ORDER WORK
The value of any Work to be covered by a Change Order, or for any claim for an increase or
decrease in the Agreement, shall be negotiated by the Contractor and the City.
48. INSPECTION OF WORK
The City shall at all times have access to the Work during normal work hours. Inspectors shall
have no authority to permit deviations from, nor to relax any of the provisions of the Agreement
nor to delay the Work by failure to inspect the materials and Work with reasonable promptness
withcut thewritten permission ct nstruction of the Project Manager.
The payment of any compensation, what6vcr may be its character or form, or the giving of any
gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is
strictly prohibited, and any such act on the part of Contractor will constitute a breach of this
Agreement.
49. DOCUMENTS AND RECORDS
All documents, reports, including laboratory reports, drawings, maps, computer files, models
and/or reports prepared or obtained under this Agreement, as well as all data collected, together
with summaries and charts derived therefrom, will be considered "work for hire "as such phrase
is defined in Section 101 of Title 17 of the United States Code (Public Law 94-533 and all title,
ownership and copyright privileges are and at all times shall be the property of the City without
restriction or limitation on their use, and will be made available, on request, to the City at any
time during the performance of such services and/or upon completion or termination of this
Agreement. Contractor shall provide hard all such information electronically as well as in hard
copy.
50. SUBMITTALS
The Contractor shall be responsible for submittals as may be- require for each i ask authorized
by the City. The Contractor shall be responsible for the professional quality, technical accuracy
and the coordination of all submittals required to complete the Work and as required by the
Agreement. The Contractor shall, without additional compensation, correct, revise the
submittals as required to obtain the approval of DERM.
During the progress of the Work, the Contractor shall submit copies of all reports, permits, and
other documents required by DERM and/or by governing authorities, this Agreement, or
necessary for the Project.
51. REQUESTS FOR INFORMATION (RFI)
The Contractor shall submit in writing a Request for Information (RFI) to the City's Project
Manager. The RFI, which shall be cieariy marked RFI, shall cleat iy and :,cn,-,;sal; act forth the
issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The
RFI must set forth the Contractor's interpretation or understanding of the document(s) in
Consultant's Initials City's Initials
Page 18 of 33
City Contract No. B-35002
question, along with the reason for such understanding and the implications (time and cost) the
cost of any proposed action by the Contractor.
52. CITY'S RIGHT TO TERMINATE
The City has the right to terminate this Agreement for any reason or no reason, upon thirty (30)
days Written Notice. Such Written Notice shall state the date upon which Contractor shall cease
all Work under this Agreement and vacate the Project site. Upon termination of this Agreement,
all charts, sketches, studies, drawings, reports and other documents, including electronic
documents, related to Work authorized under this Agreement, whether finished or not, must be
turned over to the City. Upon termination for reasons other than Contractor's default, the
Contractor shall be paid in accordance with provisions of this Agreement, provided that said
documentation is turned over to City within fifteen (15) business days of termination. Failure to
timely deliver the documentation shall be cause to withhold any payments due without recourse
by Contractor until all documentation is delivered to the City. In the event of termination,
Contractor shall be paid in full for services performed on behalf of City within thirty days of
receipt of an septabl!einal invoice.
53. TERMINATION FAR DEFAULT
If Contractor fails to comply with any term or condition of this Agreement, or fails to perform any
of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a
default which is not cured within the Cure Period, in addition to all remedies available to it by
law, the City may immediately, upon written notice to Contractor, terminate this Agreement
whereupon all advances paid by the City to Contractor while Contractor was in default shall be
immediately returned to the City. The City may also suspend any payment or part thereof or
order a Work stoppage until such time as the issues concerning compliance are resolved.
Contractor understands and agrees that termination of this Agreement under this Article shall
not release Contractor from any obligation accruing prior to the effective date of termination.
In the event of termination due to default, in addition to the foregoing Contractor shall be liable
for all costs and expenses incurred by the City in the re -procurement of the Work under this
Agreement. In the event of Default, the City may also issue a Notice to Cure and suspend or
withhold payments to Contractor until such time as the actions giving rise to default have been
cured.
• A finding of default' and subsequent termination for cause may include, °:F✓it: out limitation,"
any of the following:
• Contractor fails to obtain the insurance required herein required.
• Contractor fails to comply with any of its duties under this Agreement, with any terms or
conditions set forth in this Agreement beyond the specified period allowed to cure such
default.
• Contractor fails to commence the Work within the timeframes provided or contemplated
herein, or fails to complete the Work in a timely manner as required by this Agreement.
The City shall provide Written Notice to Cure to Contractor as to a finding of default, and
Contractor shall take all necessary action to Cure said default within such time as stipulated in
the Written Notice. Such time to Cure shall be at the sole discretion of the City. The City may
extend the Cure Period at its sole discretion or terminate the Agreement upon failure of the
Contractor to cure such default in the specified timeframe.
54. CONTRACTOR'S RIGHT TO TERMINATE
Consultant's Initials City's Initials
Page 19 of 33
Citv Contract No. B-35002
The Contractor shall have the right to terminate this Agreement for cause, in writing, following
breach by the City, if breach of contract has not been corrected within thirty (3O) days from the
date of the City's receipt of a written notice from Contractor specifying the City's breach of its
duties under this Agreement.
55. MATERIALITY AND WAIVER OF BREACH
City and Contractor agree that each requirement, duty, and obligation set forth in these
Agreement is substantial and important to the formation of this Agreement.
City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
56. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager shall, within ten (10) working days, make an inspection thereof. If
Project Manager find the Work -anr.P!1+,:b!•�_. the i q iaite.worIroerts haw., s '-sabrriat«d aM' the requirements of the Agreement fully satisfied, and all conditions of the pei uiits ant --
regulatory agencies have been met, a Final Certificate for Payment (Exhibit 2) shall be issued
by City's Project Manager, over its signature, stating that the requirements of the Agreement
have been performed and the Work is ready for acceptance under the terms and conditions
thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to City's Project
Manager a complete release of all liens arising out of this Agreement, or receipts in full in lieu
thereof; an affidavit certifying that all suppliers and Sub -Contractors have been paid in full and
that all other indebtedness connected with the Work has been paid, and a consent of the surety
to final payment; and Application for Payment. Contractor shall deliver the written approval by
DERM of the Contractor's Site Assessment Report and Contamination Assessment Plan.
The acceptance of final payment shall constitute a waiver of all claims by Contractor, except
those previously made in strict accordance with the provisions of the Agreement and identified
by Contractor as unsettled at the time of the application for final payment.
57. RESOLUTION OF CONTRACT DISPUTES
Contractor understands and -agrees that all disputes` between it and the City based upon an
alleged violation of the terms of this Agreement by the City shall be initially submitted to the
Director for resolution. Upon receipt of the submittal from the Contractor, the Director shall
render a decision within fourteen (14) calendar days. Where a mutually satisfactory resolution
cannot be reached the Contractor may submit the dispute to the City Manager or his/her
designee for resolution. Where a mutual resolution cannot be reached between the Contractor
and the City Manager or designee, the Contractor, prior to being entitled to seek judicial relief
shall comply with Article 58 of this Agreement, in connection therewith. Should the amount of
compensation hereunder exceed $500,000, the City Manager's decision shall be approved or
disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief
unless:
• it has first receivea uity Managers written decision, approved by the City Commission if
applicable, or
• a period of thirty (30) days has expired after submitting to the City Manager a detailed
statement of the dispute, accompanied by all supporting documentation, or a period of
Consultant's Initials City's Initials
Page 20 of 33
City Contract No. B-35002
(75) days has expired where City Manager's decision is subject to City Commission
approval; and
• mediation of the dispute, as stipulated in Article 58, has not resulted in a mutual
resolution; or
• City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the City Manager.
58. MEDIATION - WAIVER OF JURY TRIAL
In an effort to engage in a cooperative effort to resolve conflict which may arise during the
course of the design and/or construction of the Project, and/or following the completion of the
Project, the parties to this Agreement agree all unresolved disputes between them shall be
submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in
writing by the parties. A certified Mediator, who the parties find mutually acceptable, will
conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will
share the costs of a certified Mediator on a 50/50 basis. The Cp++ractor' agrees to include such
similar cc tract provisions -with a;: Sub -Contractors retained for thn Wort.;=t.;eieby providing for
non -binding mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to
jury trial or to file permissive counterclaims in any action arising under this Agreement.
59. APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement,
or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party
shall bear its own attorney's fees except in actions arising out of Contractor's duties to indemnify
the City under this Agreement where Contractor shall pay the City's reasonable attorney's fees.
60. INDEPENDENT CONTRACTOR
Contractor is an independent contractor under this Agreement. Services provided by Contractor
pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such
services, neither Contractor nor its agents shall act as officers, employees, or agents of the City.
Contractor further understands that Florida Workers' Compensation benefits available to
employees of the City are not available to Contractor, and agrees to provide workers'
compensation insurance for any employee, or entity working for the Contractor rendering
services to the City under this Agreement. This Agreement shall not constitute or make the
parties a partnership or joint venture.
61. SUCCESSORS AND ASSIGNS
The performance of this Agreement shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the written consent of the City. It is
understood that a sale of the majority of the stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
The Contractors services are unique in nature and any transference without City Commission
approval shall be cause for the City to nullify this Agreement. Any assignment without the City's
consent shall be null and void. The Contractor shall have no recourse from such cancellation.
The City may require bonding, other security, certified financial statements and tax returns from
any proposed assignee and the execution of an assignment/ assumption agreement in a form
Consultants Initials City's Initials
Page 21 of 33
City Contract No. B-35002
satisfactory to the City Attorney as a condition precedent to considering approval of an
assignment.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Agreement and to the partners,
successors, legal representatives and assigns of such party in respect to all covenants of this
Agreement.
62. THIRD PARTY BENEFICIARIES
Neither Contractor nor the City intends to directly or substantially benefit a third party by this
Agreement. Therefore, the parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either of them
based upon this Agreement. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Agreement.
63. JOINT PREPARATION- INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual
_ inter± and no ruic of_ strict construction.- sh!- be .applied against either party hereto. ? ha -
headings contained in thi&.Agreernertare furr-r3fererrc -purposes only and shall not affect in any
way the meaning or interpretation of this Agreement. All personal pronouns used in this
Agreement shall include the other gender, and the singular shall include the plural, and vice
versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder,"
and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article,
paragraph, or section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section or Article, unless the
reference is made to a particular
64. AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as
this Agreement and executed by the City Manager and Contractor.
65. SEVERABILITY
Inthe event the any provision of this Agreement is determined by a Coud of competent
jurisdiction to be ;Ilegai or unenforceable, tnen such unenforceable or uniawiui povisior, shall be
excised from this Agreement, and the remainder of this Agreement shall continue in full force
and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will
materially and adversely affect the rights of either party, such party may elect, at its option, to
terminate this Agreement in its entirety. An election to terminate this Agreement based upon
this provision shall be made within seven (7) days after the finding by the court becomes final.
66. ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated
agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, written or oral. This Agreement may not be amended, changed,
modified, or otherwise altered in, any respect, at any time after the execution hereof, except by a
written document executed with the same formality and equal dignity herewith. Waiver by either
party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any
other breach
Consultant's Initials City's Initials
Page 22 of 33
City Contract No. B-35002
67. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued authorization
for program activities and the Agreement is subject to amendment or termination due to lack of
funds, reduction of funds and/or change in regulations, upon thirty (30) days notice.
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and
year first above written.
"City"
City Of Miami, a municipal
T TES-:: = corporation
By:
Priscilla A. Thompson, City Clerk Pedro G. Hernandez, P.E., City Manager
"Contractor"
ATTEST: Intercounty Laboratories-USL, Inc.
a Delaware corporation
Print Name:
Title:
By:
Print Name: Mark E. Lynch, Jr.
Title: Chief Operations Officer
APPROVED AS TO FORM AND APPRO\/ED AS Tn INS1_IPA,NCE
CORRECTNESS: REQUIREMENTS:
Consultant's Initials City's Initials
Page 23 of 33
City Contract No. B-35002
Jorge L. Fernandez
City Attorney
LeeAnn Brehm
Risk Management Administrator
THE CITY REQUIRES FOUR (4) FULLY -EXECUTED AGREEMENTS, FOR DISTRIBUTION.
Consultant's Initials City's Initials
Page 24 of 33
City Contract No. B-35002
ATTACHMENT A
Environmental Assessment Proposal Dated November 15, 2006
Consultant's Initials City's Initials
Page 25 of 33
City Contract No. B-35002
BUREAU
VERITAS
November 15, 2006
Mr. Gary Fabrikant, Assistant Director
City of Miami, Department of Capital Improvements
444 NW 2°d Avenue, 8th Floor
Miami, FL 33130
Re: Virginia Key Guaranteed Maximum Price
Environmental Assessment Proposal
USL Proposal No. 93-04-829-R3
Dear Mr i 2brika„t•
Intercounty Laboratories-USL, Inc. (USL), a Bureau Veritas North America Company, is
pleased to provide the City of Miami with this revised proposal to conduct an environmental
assessment of the Virginia Key Landfill site. The proposal has been revised to address comments
received from the City of Miami in your letter dated May 25, 2006 and comments discussed
during our subsequent meetings and negotiations.
INTRODUCTION
The Virginia Key Landfill (Site or site) is located on Virginia Key in Biscayne Bay. The site is
approximately 124-acres and was utilized as an uncontrolled public dump site from 1961 until
1978. Waste reportedly dumped at the site included, but may not be limited to, plant trimmings,
trash, municipal solid waste, incinerator ash and sludge from the adjacent waste water treatment
plant. A preliminary review of historical regulatory files further suggests that at least on one
occasion, an inspection revealed the uncontrolled dumping of garbage, the seepage of sludge into
adjacent mangrove areas and the dumping of 55-gallon drums of herbicide and biomedical
wastes. Dumping appears to have occurred across the 124-acre site, including the filling of the
26-acre "Duck Lake" with 20-33 feet of ash and sludge.
GENERAL APPROACH, ASSUMPTIONS, AND CLARIFICATIONS
This section of the proposal has been prepared to provide additional information in response to
the City's "General Comments" in the aforementioned letter. In cases that information related to
the "General Comments" is specific to a work task, USL has included the additional details in
the appropriate scope of work for each task.
Approach
Our general approach to this first phase of the project, the Site Assessment, is to only obtain the
required information and environmental data that will be: 1) required to obtain approvai of the
Site Assessment Report (SAR) from the Miami -Dade County Department of Environmental
Intercounty Laboratories - USL, Inc.
10125 NW 116'h Way, Suite 18 • Miami, Florida 33178 • (305) 651-8483 • Fax: (305) 651-4460
Offices Worldwide
Mr. Gary Fabrikant
November 15, 2006
Page 2
Revised Virginia Key Landfill Environmental Assessment Proposal
Resources Management (DERM), and 2) subsequently utilized to develop a safe closure for the
site.
General Assumptions and Level of Effort
The scope of services presented herein
will culminate with the submittal of a SAR
to DERM and DERM's subsequent
approval of same, and is based on the
consideration that no formal boundary
survey has been identified for the site. The
physical limits of the site, which is
estimated to be 124-acres, is demarked on
Fire 1 r_ red, and is assumed. to he
bound by the.... perimeter serve - road..
Figure
Virginia Key Landfill Site
For the purposes of the assessment, USL assumes that landfilling has occurred only well within
the site boundaries, as evidenced by the readily apparent changes in topography. Further, the
proposed groundwater quality assessment is limited to this area and we assume that off -site
assessment is not required.
Additionally, it is our understanding that funds have been obligated as of this date for only Site
Assessment activities and related work; therefore, this proposal includes the scope required for
the SAR, based on industry standards and our experience with similar projects in Miami -Dade
County. As requested by the City, we have also included a Program Management Task as part of
the scope of work during the Phase I period. Further, it was agreed that Community Outreach
would be provided by the City of Miami's staff.
Deliverables, Format and Quantity:
The specific deliverables for each task are described in the scope of services of each task. Unless
otherwise noted, USL will provide two DRAFT black and white copies of deliverables for
review and discussion purposes. Electronic copies of the DRAFT document will also be
provided on compact disc(s). It is expected that the City will provide comments on the DRAFT
documents within 10 to 15 business days of receipt.
After receipt of the City's comments, the document will be finalized within 10 to 15 business
days and a copy placed on the project web site, as appropriate. Five (5) final printed copies, with
color where appropriate, will be presented in a report format (8 'h" x 11") to be placed in three
ring binder(s). Plans and drawings not legible in that format will be printed on 11" x 17" pages
or larger, as appropriate.
Travel and Other requirements:
It is USL's intent to conduct the Phase I work utilizing local, South Florida staff and resources.
Mr. Gary Fabrikant
November 15, 2006
Page 3
Revised Virginia Key Landfill Environmental Assessment Proposal
Travel to and from local regulatory offices, the Site, and the City's offices is anticipated. The
travel expenses have been included in the Fixed Fee for each task. Unless otherwise noted, no
extraordinary travel is anticipated for completion of this phase of the work. As presented in our
SOQ package, qualified subcontractors and subconsultants will also be utilized during the
execution of the work.
Meeting Requirements:
USL proposes to have two monthly meetings. One of the meetings will be hosted via Web
Meetings on a Bi-Weekly basis using the www.GoToMeeting.com Citrix platform. As a
minimum, the USL Project Manager, or his delegated representative in extraordinary cases, will
participate/host the meeting. It is anticipated that the City's Project Manager, as well as other
USL and r;ry sty=;::will p'rt citrate in the meetings, as appropriate. Specific ;tez,dee/Tnvitees of
the meet:ngs should be pr �1F i d to USL by the Citto allow us=iu s:;iid them the rnect'ug
information. These meetings will be limited to approximately one hour to update project status.
The second monthly meeting will be a face to face meeting, at the City's offices. If the City
requests a reasonable number of additional face to face meetings, USL and its subconsultants
will work cooperatively with the City to accommodate such a request.
USL also anticipates initiating and holding several meetings with regulatory agencies, primarily
DERM, to discuss/review the Contamination Assessment Plan and SA technical approach and
specific plan, as well as to review results prior to finalizing the SAR. USL will notify the City in
advance of those meetings and encourages the City to attend. For all meetings, USL will record
meeting minutes and post them to the project web site within five business days.
Software Used for Deliverables:
Electronic submittals to the City will be made in Adobe Acrobat (.pdf), Microsoft Word,
Microsoft Excel, Microsoft Projects and AutoCAD formats, as appropriate.
Project Scneauie:
Based upon our negotiation on November 6, 2006, USL has agreed to an 18-month schedule,
inclusive of four 30-day regulatory review periods. In consideration, the City has agreed to
waive Article 7 provisions for liquated damages. A task -specific project schedule, prepared in
Microsoft Projects, will be developed upon receipt of the Notice to Proceed and delivered at the
Project Kickoff Meeting. The project schedule will be updated during implementation of the
project and at a minimum with each pay requisition. The actual schedule for completion of each
task may vary; however, some of the tasks will be performed concurrently and some are
considered critical path tasks which must be completed prior to commencing the next task.
SCOPE OF SERVICES
As requested, the proposal includes: an outline of the tasks contemplated under Phase I of the.
project; a detailed scope of services for each task; and a Fixed Fee for the work. Below is a
summary of the tasks associated with completion of the environmental assessment of the Site
and related activities:
Mr. Gary Fabrikant
November 15, 2006
Page 4
Revised Virginia Key Landfill Environmental Assessment Proposal
1. Project Initiation and Kick-off Meeting
2. Historical Records Review, Research and Interviews
3. Site Specific Health and Safety Plan
4. Program Management
5. Land Survey
6. Contamination Assessment Plan and DERM Approval
7. Wetlands Survey
8. Characterization of Waste and Horizontal Delineation
9. Vertical Waste Delineation
10. Installation of Landfill Gas Probes
11. Landfill Gas Survey
—12. Groundwater Qvality Assessment
Surface Water and Sediment Sampling
14. Aquifer Characterization
15. Site Assessment Report Preparation and DERM Approval
Each of the tasks is described below. The format has been revised to address the comments in the
City's May 25, 2006 letter and our subsequent negotiation meetings and discussions.
1. Project Initiation and Kick-off Meeting
Purpose and Scope:
USL shall complete the Project Initiation and Kick-off Services by conducting a meeting
between the City, USL and the various Miami -Dade County agencies involved in the project
including DERM and DSWM to discuss technical, procedural and preliminary community -
relations issues. In particular, USL shall:
A Develop detailed projeci schedule;
• Coordinate kick-off meeting with key sub -consultants;'
• Develop concept and content for web -site;
• Conduct initial meeting with DERM and DSWM to present schedule and approach to
project; and
• Conduct Project Kickoff Meeting to review above with project stake holders and train
personnel on site website use.
In addition, USL and it's internal IT team, will set up the website and user passwords for all
participants in the Virginia Key project. This website will be dedicated to the City's project for
the duration of all services provided by USL, and will serve as the platform for posting of draft
reports, minutes of meetings, permits, inspection schedules and the like. Various levels of
sec„rity and access will be developed with City input so as to ensure proper and optimal use of
the site.
Subsequently, USL will hold a kick-off meeting with the City of Miami to discuss our project
approach, communication plan, use of the website, and other procedural items. A draft meeting
agenda will be prepared by USL, and presented to the City, prior to the meeting for the City's
Mr. Gary Fabrikant
November 15, 2006
Page 5
Revised Virginia Key Landfill Environmental Assessment Proposal
comments and it will be revised accordingly. Pursuant to Sections 18, Authority of the City's
Project Manager, Section 36, Safety Precautions, and Section 48 City's Right to Inspect the
Work, USL will provide a general overview of potential safety concerns that may be encountered
during Phase I of the project. The City is, however, responsible for the safety and proper training
of its employees who visit this City property.
Assumptions:
None
Work Component Deliverables:
USL_ wilt prepare an agenda prior to the kick-off tn'et'ng for the ,ev ew_and approval.
USL will prepare a meeting summat y that will be po,>te s on tne ,,roe t; Ji ivered to
the meeting attendees within five working days after the meeting. We will also submit the
detailed project schedule to the City during the meeting. Copies of Subcontracts may also be
available upon request.
Meeting Requirements:
No additional meetings other than those specified above are anticipated for this task.
Project Schedule:
USL will be prepared to hold the kick-off meeting within 15 working days of receipt of the NTP.
2. Historical Records Review, Research and Interviews
Purpose and Scope:
Available documentation will be reviewed in an effortto farther ihsr r1a1ure :aid extent
of buried waste, available historical assessment(s), if any, and the limited closure activities
conducted at the Site to date. The primary purpose for evaluation of historical information is to
determine the location and sequence of fill operations, the operational activities and practices at
the site and types of deposited waste. With that information, USL may be able to focus testing in
certain areas or determine there are areas of the Site that should be avoided because of past
practices. Two important and typically easily obtainable documents that should provide valuable
information are historical aerial photographs and results of any environmental testing at or in the
immediate vicinity of the Site.
Additionally, USL will review files made available by the City, DERM, and the FDEP, as well
as historical aerial photographs obtained from the County or other readily available sources. USL
will also conduct up to six interviews of personnel that may provide valuable information as to
past activities on or in the immediate vicinity of the site that will help USL understand activities
that may have lead to contamination of the site. Special emphasis will be placed on interviewing
City staff with particular site knowledge during dumping activities, and/or in possession of City
documentation regarding the subject site.
Mr. Gary Fabrikant
November 15, 2006
Page 6
Revised Virginia Key Landfill Environmental Assessment Proposal
In addition to the activities above, USL will in essence conduct a Phase I Environmental Site
Assessment for the site. A Phase I is intended to identify recognized environmental conditions
(RECs), as defined by the American Society for Testing and Materials ASTM Designation E 1527,
Standard Practice for Environmental Site Assessments. The general purpose of a Phase I is to
evaluate the potential for on -site impairment from on -site or off -site sources through field
reconnaissance and records review. A Phase I ESA generally includes gathering information
concerning the following:
• Site description and location
• Present site use
• Historical events and usage
• Use of surrounding properties
• Government records
nce
• Rere=. r -
• Applicable permits and registration
Prior Ownership and Usage:
To identify prior use of the property, USL will review the following information for the site, if
readily available:
• Historical Sanborn Fire Insurance Maps
• United States Geological Survey (USGS) Topographic Maps
• United States Department of Agriculture County Soil Survey
• Historical aerial photographs
• City directories
This task does not include the purchase and review of a chain -of -ownership.
Regulatory Records Review:
USL will review published regulatory federal databases related to the site and potential off -site
sources of chemical contamination as well as documents related to on -site activities. The search radii
will be in general accordance with ASTM standards set forth in ASTM Designation E-1527-00 and
include:
• National Priorities List (NPL) - List of USEPA high priority cleanup properties within a one -
mile radius of the site;
• Comprehensive Environmental Response, Compensation and Liability Information System
(CERCLIS) - List of properties subject to investigation by the USEPA for contamination
within a one-half mile radius of the site;
• CERCLIS No Further Remedial Action Planned (NFR AP) facilities (for the site and ?diacept
properties) — facilities where: (a) following an initial investigation, no contamination was
found; (b) contamination was removed quickly without the need for the site to be placed on
the NPL; or (c) the contamination was not serious enough to require Federal Superfund
Action or NPL consideration;
Mr. Gary Fabrikant
November 15, 2006
Page 7
Revised Virginia Key Landfill Environmental Assessment Proposal
• Resource Conservation and Recovery Act (RCRA) - List of TSDs (Transportation, Storage,
and Disposal) facilities within a one-half mile radius of the site, and TSD-CA (Corrective
Action) facilities within a one -mile radius of the site. RCRA generators will be researched
for the site and adjacent properties; and
• Emergency Response Notification System (ERNS) - List of notified spill properties for the site.
USL will provide an opinion whether nearby properties appear to be potential sources of off -site
chemical and/or petroleum contamination due to their locations in reference to the site. USL will
review State of Florida regulatory databases for environmental activities related to the site and
potential off -site sources of chemical and petroleum contamination. The search radii will be in
general accordance with ASTM standards set forth in ASTM Designation E-1527-00. The databases
will include:
• Florida registered underground storage tanks for the site and adjacent properties;
• Florida leaking underground storage tanks within a one-half mile radius of the site;
• Florida solid waste facilities/landfill sites within a one-half mile radius of the site; and
• Florida hazardous waste sites within a one -mile radius of the site.
Assumptions:
USL anticipates procurement of a regulatory database search (EDR or equivalent) of industry
standard records. The City will provide relevant information, as described above, to USL in a
timely manner.
USL will review reasonably ascertainable local records for environmental activities related to the
site and potential off -site sources of chemical and petroleum contamination. Reasonably
ascertainable information is information that is publicly available, that is obtainable from its source
within reasonable time ?rid cost. constraints and is practically revieP.,able (ASTM
Practically reviewable information is information that is provided by a source in such a manner and
forms which, upon examination, yields information relevant to the subject property without the need
for extraordinary analysis of irrelevant data (ASTM E-1527, 7.1.4.3).
Access, retrieval and review of any federal, state or local documents related to the scope of work are
limited to the availability of records requested from governmental agencies or commercial sources
within the time frame allocated for this effort. USL will make reasonable efforts to obtain this
information; however, USL cannot warrant its accuracy or completeness, given that this information
is not generated by USL.
Although this task is important and may enable the development of a more focused
Contamination Assessment Plan, the city should understand that if documents (other then aerial..
photographs and past environmental reports) are not readily available, the overall Site
Assessment should not be materially compromised. At this time, USL does not envision a
scenario that would require charging the City additional fees for this task. In essence, if
documents are not readily available, we will complete the task without including them.
Mr. Gary Fabrikant
November 15, 2006
Page 8
Revised Virginia Key Landfill Environmental Assessment Proposal
Work Component Deliverables:
USL will submit to the City a stand-alone report (DRAFT and FINAL) summarizing the
historical records review, research and interviews. USL shall identity in its report, a list of all
documents that were reviewed and are pertinent to the project. The report shall also include a list
of persons interviewed and a description of the interview. The report will be signed and sealed
by a P.G. or P.E., or similarly certified personnel.
Meeting Requirements:
USL anticipates meeting with the City to review the DRAFT report and the findings of this task.
No additional meetings other than interviews are anticipated.
Project Sc. cduid
USL anticipates submittal of the DRAFT report to the City within four to six weeks, provided
the information is made available in a timely manner and interviews are held within the first
three weeks.
3. Site -Specific Health and Safety Plan
Purpose and Scope:
The purpose of the Health and Safety Plan (HASP) is to provide a concise document with a
discussion of likely risks that may be encountered during Site work and the corresponding
actions that should be implemented in response to the risk. USL will prepare a Site -Specific
Health and Safety Plan in accordance with 29 CFR 1910.120. The Health and Safety Plan will
provide information related to the potential risks and minimum training requirements for field
personnel engaged in work at the site, a list of emergency contacts, location of emergency
equipment and facilities and field monitoring procedures, anticipated Materials Safety Data
Sheets, personal projective equipment rcgt:t i`ements, d ;uniai;_inativn procetl rs, et !'etera.
Assumptions:
The Site Health and Safety Plan is intended for use by USL personnel. USL will provide a copy
of the HASP to its subcontractors and require the subcontractors to maintain their own HASP
and provide a copy of same to USL. The document may be subject to change and updating as
warranted by field conditions and findings during the investigation. USL will not be responsible
for any individual who may access the site without our knowledge or during periods of time
when USL personnel are not on site.
Work Component Deliverables:
USL will submit the HASP (DRAFT and FINAL) to the City.
Mr. Gary Fabrikant
November 15, 2006
Page 9
Revised Virginia Key Landfill Environmental Assessment Proposal
Meeting Requirements:
No additional meetings are anticipated for this task.
Project Schedule:
USL anticipates submittal of the DRAFT HASP to the City within three to four weeks of NTP.
4. Program Management
Purpose and Scope:
From our November 6, 2006. iscussions__tlic.. City Cf M inIwl:l provide Public Relations afe ,_
Community Outreach for the project and USL will providP progre. . manag:*,-(ent, h pa,' cuiii
the scope of work includes:
• Coordination/Attendance of six meetings with City Staff, which may include City
Manager, Directors, Staff and/or Commissioners. The level of effort contemplates
attendance by Principal and Project Manager;
• Coordination/Attendance of two meeting with City's Park Master Planner. The level of
effort includes attendance by Principal and Project Manager;
• Preparation of agenda, drawings, renditions and minutes for eight meetings;
• Coordination and organization of sub -consultants for performance and delivery of the
requirements of this scope;
• Provide and install project signage; and
• Provide health and safety orientation to sub -contractors.
Assumptions:
The' Program Management„ activities Pt iled herein wii'_ be,rprovided throughout the Phase I
duration.
Work Component Deliverables:
USL will prepare materials for the meetings as detailed in the activities section, above, and
provide meeting summaries as appropriate. All minutes will be posted to the website, and the
City will be invited to attend all scheduled meetings.
Meeting Requirements:
USL shall be available to the City to provide technical consultation at up to eight programmatic
meetings with the City and s ake.hnldara
Project Schedule:
The program management services described above will be provided during Phase I of the
project.
Mr. Gary Fabrikant
November 15, 2006
Page 10
Revised Virginia Key LandfillEnvironmental Assessment Proposal
5. Land Survey
Purpose and Scope:
A land survey shall be prepared for the site. The purpose of the land survey is to define the site
boundaries and locate relevant site features and topographic changes. The survey will be used as
the base map for other maps and plans that will be developed for the SAR, as well as for the
closure design (Phase II of the project). The survey will include spot elevations of existing
grades on approximate 100 foot grid lines and demarcation of significant changes in vegetation
and surface cover. As part of this task, up to 317 test locations and mapping the results of a tree
survey and clearing needed to accomplish the survey, are included.
Assumptions:
_— _ - t , T i i ,a•, metho!.iu 0 ,m ar e;n eisiod
The survey will be conau.,1.d using photo ram.ne_r.c: U�:: , j ��.�
field as needed. This scope includes the surveying of up to 317 test locations and mapping the
results of a tree survey.
Work Component Deliverables:
Three original Boundary and Topographic Surveys signed and sealed by a Florida PLS, will be
submitted to the City, as well as electronic copies in AutoCAD format. Electronic copies will be
submitted each time testing locations are added to the survey.
Meeting Requirements:
No additional meetings are anticipated for this task, although initial coordination with the City
will likely be required prior to commencing the on -site surveying work.
Project Schedule:
Boundary Survey:wit iri cig t k frm initiation of the tack,
USL' antiei�ates completion of Jw...:.,_, -
The survey will be updated with additional data points as the work is completed.
6. Contamination Assessment Plan Preparation and DERM Approval
Purpose and Scope:
USL will prepare a Contamination Assessment Plan (CAP) and coordinate the planned activities
with the City of Miami and DERM. Because activities must be performed at the site prior to
initiating the SA, such as the wetland survey, USL will include the methodologies for those activities
in the CAP. In essence, the CAP will serve as the project Work Plan. The purpose of the CAP is to
provide a clear, concise document that can be followed by personnel implementing field work and
data evaluation for the project. Based on our experience at similar solid waste sites under DERM
regulation, the requirements of an approvable SAR are to:
Mr. Gary Fabrikant
November 15, 2006
Page 11
Revised Virginia Key Landfill Environmental Assessment Proposal
• Define the horizontal and vertical extent of the buried waste
• Assess groundwater quality within the limits of the site, but more importantly at the perimeter of
the waste area or site and define the vertical and horizontal extent of groundwater contamination,
if any
• Assess surface water quality in nearby water bodies
• Assess aquifer characteristics, groundwater flow direction and tidal influence
• Evaluate the presence of landfill gas
The CAP will specify the procedures and methods to be used for the soil, groundwater and surface
water quality assessment, waste characterization, and other activities that are part of the SA. The
CAP will include, but not be limited to descriptions of the following:
Wet as Survey
o Methodology to be usect to .oen,ify vvetlanur:='was
o Reporting requirements
o Methods for demarcating and protecting wetland areas
• Waste Characterization and Horizontal Delineation
o Rationale for locating borings or trenches
o Drilling or trenching methods
o Method for reporting waste description
o Basis for determining objectives have been met
• Vertical Waste Delineation
o Rationale for locating borings
o Drilling methods
o Basis for determining objectives have been met
• Landfill Gas Survey
o Rationale for locating landfill gas probes
o Probe construction detail and installation methods
o Method and frequency for conducting gas survey
o Ba'zis for determining objectives have been met
• Groundwater Quality Assessment
o Rationale for locating groundwater monitoring wells and for sampling parameters
o Proposed monitoring well type(s) at each location with typical construction details
o Drilling/well installation methods
o Groundwater sampling methods and frequency
o List of parameters and test methods to be analyzed at each location
o Basis for determining objectives have been met
• Surface Water and Sediment Assessment
o Rationale for sampling locations and parameters
o Sampling methods and frequency
o List of parameters and test methods to be analyzed at each location
o Basis for determining objectives have been met
• Aquifer Characterization
o Basis for testing locations
o Testing methods
o Basis for determining objectives have been met
Mr. Gary Fabrikant
November 15, 2006
Page 12
Revised Virginia Key Landfill Environmental Assessment Proposal
• Site Assessment Report
o QA/QC measures to be implemented for data evaluation and report preparation
o Preliminary Table of Contents
Assumptions:
As agreed during the November 6, 2006 negotiation meeting, the scope of services includes
preparation of one in -scope CAP Addenda and two responses to Requests for Information from
DERM. Further, it is agreed that preparation of addenda and request for information do not
include responses which require work outside the scope of the EAP. Note that the addendum and
the two RFI responses shall be considered as a cumulative requirement with the SAR (Task 15).
TIP A? pg: p gyred- as part= of-tbis _task is the written_ document that will be 'tsed_to guide the_,.
procedures for executing thew x described in tasks 7 through 1 of this proposal. The ices foi:
this task do not include actual implementation of the work. The fees for implementation of the
tasks described in the CAP are provided in subsequent tasks.
Work Component Deliverables:
USL will submit to the City and DERM a DRAFT CAP. Following receipt of comments, USL
will submit a FINAL version to DERM on behalf of the City. Upon approval by DERM, USL
would then proceed to conduct the assessment in accordance with the approved CAP.
Meeting Requirements:
USL anticipates having an initial meeting with DERM and the City. If the City desires to meet to
discuss the meeting agenda prior to meeting with DERM, USL will facilitate this request. The
purpose of the meeting with DERM is to discuss our technical approach, including proposed
sampling frequency, locations, parameters for analysis and other pertinent information. We will
also meet with the City and DERM (possibly in sepal to meetings) to present the DRAFT CAP
and have a subsequent meeting with DERM to discuss •_nPi: comments, it any.
Project Schedule:
USL anticipates completion of the DRAFT CAP will require four to six weeks.
7. Wetlands Survey
Purpose and Scope:
USL will perform a wetland survey at this site. The purpose of the survey is to determine the
area of jurisdictional wetlands, to establish a 50-foot buffer between wetland areas and our
proposed assessment work and to obtain permits that may be required for unavoidable impacts
during the assessment activities (Phase I). The scope of the assessment work, at this phase of the
project, consists of soil borings, exploratory test pits, methane gas survey and groundwater
assessment. It will be necessary to access the site using truck -mounted drill rigs, rubber -tired
backhoes, track -mounted excavators and bulldozers. In order to minimize damage to sensitive
Mr. Gary Fabrikant
November 15, 2006
Page 13
Revised Virginia Key Landfill Environmental Assessment Proposal
wetlands plants and animals, it is necessary to have qualified personnel identify, flag and mark
these areas in advance of the assessment work. Note that as the landfill closure and
redevelopment design is developed in Phase II, it may become evident that additional wetland
impacts may occur, resulting in additional surveying and permitting activities not contemplated
in Phase I.
USL will delineate wetland boundaries through an evaluation of the vegetation present at the
site, hydric soil indicators, and hydrologic indicators. In addition, a tree survey is included in the
scope of work to protect regulated tree species. The procedure for evaluating the boundary line
between wetlands and uplands will be conducted using reasonable scientific judgment. The
wetland boundary will be flagged for survey. Subsequently, we will coordinate with the
environmental permitting agencies to determine regulatory jurisdiction and to obtain concurrence
with —tire —delineated wetlands_ Coordination is expected to include the FDEP,_DFRM..and
USAF SL will coordinate with the surveyors to survey Le *lagged wetland boancta.y and
based on the survey, the delineated areas will be transferred to the most recently available aerial
photograph. Surveying activities are part of task 5.
The wetlands will be evaluated using the Uniform Mitigation Assessment Method (UMAM) and
a report will be prepared describing the quantity and quality of wetland habitat on site. USL will
coordinate with the regulatory agencies, prepare permit applications, assist in the development of
a compensatory wetland mitigation plan for unavoidable wetland impacts, and respond to agency
requests for additional information. The type and amount of wetland mitigation will be
determined through the agency -approved UMAM. USL shall attempt to avoid unauthorized
work in wetland areas unless a permit for such activity is issued. Prior to receipt of the permit,
only hand held equipment (hand augers and tripod rig) will be used in the wetlands. The only
cutting of wetland plant species will be limited to transect lines used to create a line of site for
the purpose of conducting the land survey, which shall be performed under the direction of a
Florida -licensed Professional Land Surveyor, if necessary.
Assumptions:
USL shall obtain permits required for work associated with site assessment within the wetland
areas. Environmental Resource and Class II permits may be required as part of the closure
construction of the site, but are not part of this Phase I.
Work Component Deliverables:
USL will submit to the City a survey with the wetland areas identified, as well as pertinent notes
from the on -site observations related to the task.
Meeting Requirements:
No additional meetings are anticipated other than with regulatory agency personnel.
Project Schedule:
USL anticipates completion of the wetlands survey will require six to eight weeks.
Mr. Gary Fabrikant
November 15, 2006
Page 14
Revised Virginia Key Landfill Environmental Assessment Proposal
8. Characterization of Waste and Horizontal Delineation
Purpose and Scope:
The purpose of the waste characterization is to obtain an understanding of the likely contaminants of
concern based on the type of waste buried at the site. The purpose of the horizontal waste -
delineation activities is to define the boundary of the waste to ensure remedial measures will address
the waste footprint and to define the zone of discharge, if different from the site boundary. USL shall
perform a subsurface investigation at the site necessary to characterize the waste and 'define the
horizontal extent. The preliminary subsurface investigation will consist of exploratory test pit
excavations. These test pits are used to provide an opportunity for visual observation of near surface
conditions. This task is the first step in characterizing the nature and extent of the land filled waste
for both environmental and geotechrical concerns
USL anticipates it will be necessary to excavate up to 160 exploratory test pits throughout the site.
The number of exploration sites is approximately one inside and one outside the perimeter of the
landfill, at 200 foot spacing along the perimeter and one for every two acres within the landfill
footprint. The depth of the test pit is limited to the reach of conventional excavating equipment,
which may be 10 to 15 feet below existing grades. The test pits will provide data and help determine
the placement of soil borings needed to determine the vertical extent of waste.
USL anticipates utilizing a track -mounted excavator and a rotary -mounted auger to perform the
exploratory excavation activities. We will also utilize a dozer to clear access to the excavation and
drilling sites. Engineers or other qualified personnel will be onsite to direct the excavation activities
and log the waste contents after visual characterization. All excavated landfill material will be
temporarily stockpiled on site for visual examination and classification and then backfilled to its
original location. Each test pit location will be staked in the field by USL's Project Engineer for
subsequent location by professional survey. Surveying activities are part of task 5.
Assumptions:
This task includes the excavation of up to 160 test pits and the required equipment, manpower
and supervision to complete the work. Should additional test pits be required by the City or
regulatory agencies, an increase in the fee may be required; however, no additional cost will be
incurred without first obtaining written authorization from the City.
Work Component Deliverables:
USL shall prepare test pit logs and collect photographic documentation for each test pit. The logs
will be created using gINT software and photographs will be stored in digital format. USL will
submit to the City and DERM the DRAFT findings of the waste characterization and delineation
activities with the findings of the vertical waste delineation discussed in task 9. These findings
may dictate adjusting/revising monitoring well locations, depths, sampling parameters and other
elements proposed in the CAP. Any revisions to the CAP will be provided to DERM in writing
for their approval. The final deliverable for this task will be incorporated in the SAR.
Mr. Gary Fabrikant
November 15, 2006
Page 15
Revised Virginia Key Landfill Environmental Assessment Proposal
Meeting Requirements:
USL will update the CITY during the regular meetings regarding the finding of the exploratory
test pit excavations. No additional meetings are contemplated with this task.
Project Schedule:
USL anticipates completion of this task will require four to six weeks.
9. Vertical Waste Delineation
Purpose and Scope:
The purpose of the vertical waste -delineation actin- :.s lc- io defih ihe extent of the waste and the
"vertical" zone of discharge. With this information, USL will be able to properly identify the interval
of groundwater monitoring wells to ensure representative samples are being obtained from the
underlying aquifer versus from within the waste material. USL proposes to advance up to 40
Standard Penetration Test (SPT) borings, or approximately one boring per three acres, to an average
depth of 40 feet below land surface, for a total aggregate drilling footage of 1,600 linear feet. In
general, the borings will be advanced until natural lithologic units are encountered in the field. Soil
sampling will be performed in five-foot intervals throughout the depth of each boring. Samples will
be collected in general accordance with specification ASTM D-1586. Each SPT boring location will
be staked in the field for approximate location on the site survey. Surveying activities are part of task
5.
We anticipate having a bulldozer onsite to clear areas as needed to allow access to boring locations.
Based on our experience drilling in landfills and other sites that have been filled with waste, we
understand the difficulties with drilling through waste. For instance encountering concrete, carpets,
or bedding materials often requires the termination of the boring, relocating the drill rig and starting
over. Based on those anticipated difficulties we anticipate our drilling production to be a gout 100
feet per day.
Soil samples will be collected and field screened with an organic vapor analyzer equipped with a
flame ionization detector (OVA/FID) to determine the amount of organic vapor in the soil, if any. In
the event of a positive response, an activated carbon filter will be used to determine the amount of
methane and/or ethane gas in the collected samples. Upon completion of each boring, the collected
samples will be visually examined and classified by a qualified engineer. The geotechnical boring
logs will include the nature and consistency of the materials encountered at each location, depth to
groundwater, if encountered, and the classification, thickness, location and limits of each stratum
encountered in each test boring. No other laboratory analysis of the soils is included in this proposal.
The soil borings will be conducted on a semi -regular grid pattern across the site. The location and
final number of soil borings may vary based on the finding of the horizontal waste delineation. The
placement of soil borings will be determined in the field as the investigation proceeds. Waste
thickness and elevation data will be used to construct cross -sections characterizing the site. Data
collected during the installation of the borings will also help to identify the appropriate locations of
the landfill gas probes.
Mr. Gary Fabrikant
November 15, 2006
Page 16
Revised Virginia Key Landfill Environmental Assessment Proposal
Assumptions:
This task includes drilling of up to 1,600 linear feet of borings and the required equipment,
manpower and supervision to complete the work. Should additional borings/footage be required
by the City or regulatory agencies, an increase in the fee may be required; however, no
additional cost will be incurred without first obtaining written authorization from the City.
Work Component Deliverables:
See deliverables for task 8.
Meeting Requirements:
USL anticipates meetingthe City to discuss our fiindihig and coniirm
acceptability of revising test locations and depths, as applicable.
Project Schedule:
USL anticipates completion of this task will require four to six weeks.
10. Installation of Landfill Gas Probes
Purpose and Scope:
The purpose of installing landfill gas probes is to provide locations for assessing the generation
and accumulation of landfill/methane gas within the landfill. USL shall install up to 60 landfill
gas (LFG) probes using a rotary hollow -stem auger drilling method. An engineer or other
qualified personnel will be onsite during probe installation to document the type of waste
encountered and the probe construction details. Additionally, we will have a bulldozer onsite to
clear areas as required to provide access to probe installation locatioas. The LFG probes will be
selected in the field baDed on data coileeted during horiaontal and -,ertical waa__ alx.,. a.icne'Ihe
locations will be marked on the survey and assigned map designations for future reference.
Each LFG probe shall be constructed of one to two-inch diameter, slotted PVC well screen or
similar, set approximately two feet above the water table at each location. Five feet of solid
casing shall be used at the top of each LFG probe in order to create a seal near the ground
surface. The annular space around each LFG probe shall be backfilled with clean, well -sorted
nominal 3/8-inch diameter aggregate from total depth to the top of the well screen, followed by
neat cement grout to the surface. The top of each LFG probe shall be left approximately two to
three feet above grade where it will be capped, tagged, and fitted with gas vapor sample
collection hardware. The actual location and depth of each LFG probe will be field determined.
Construction of the LFG probes will enable USL to measure the landfill gas icii,pciatures,
evaluate potential hazards, and determine the most appropriate construction materials for the
groundwater monitoring wells. Based upon prior experience at similar sites, excessive soil gas
temperatures can melt PVC well screens, thus requiring costly groundwater monitoring well
replacement if not considered in advance.
Mr. Gary Fabrikant
November 15, 2006
Page 17
Revised Virginia Key Landfill Environmental Assessment Proposal
Assumptions:
This task includes the installation of up to 60 LFG gas probes and the required equipment,
manpower and supervision to complete the work. Should additional gas probes be required by
the City or regulatory agencies, an increase in the fee may be required; however, no additional
cost will be incurred without first obtaining written authorization from the City.
Work Component Deliverables:
A LFG probe completion diagram illustrating the construction detail for each probe will be
prepared and included in the SAR. The locations of the probes will be shown on the site
survey/site plan.
Meeting Requireir -
No additional meetings are anticipated for this task.
Project Schedule:
USL anticipates completion of this task will require three to five weeks.
11. Landfill Gas Survey
Purpose and Scope:
The purpose of conducting the LFG survey is to assess the generation and accumulation of
potentially explosive landfill/methane gas within the landfill. USL shall conduct a methane gas
survey using the newly installed LFG probes (task 10). The landfill gas survey will include
Combustible Gas Indicator (as a percentage of the Lower Explosive Limit) obtained directly from
the LFG probes. The landfill gas survey shall be conducted to determine the presence, concentration
and distribution of methane, carbon dioxide, c x"y gen, and zenipefatui-e in the sL':hsu t cP at th:, site
The survey is necessary to determine if the concentration of methane gas warrants future
consideration for building(s), utilities and structures with respect to potentially dangerous gas
buildup and explosion hazards, as well as the potential for off -site migration. The landfill gas survey
shall be performed by sampling gas concentrations from the LFG probes described above.
Measurements will be made using a GEM 500 or equivalent device. Initial static readings will be
recorded as well as dynamic, stabilized readings after the consequential purging from the use of
the pump on the gas analyzer. Three individual sampling events will be conducted and
documented. The criteria of 25% of the lower explosive limit for methane shall be used as a
basis for determining the need for a methane gas abatement system. As required by DERM, This
firm represents that the individuals responsible for the assessment (and future remedial design,
as necessary) possess the required knowledge and experience in the assessment, design,
construction, operation and maintenance of methane gas collection systems.
Mr. Gary Fabrikant
November 15, 2006
Page 18
Revised Virginia Key Landfill Environmental Assessment Proposal
Assumptions:
This task includes conducting three sampling events of the 60 LFG probes and the required
equipment, manpower and supervision to complete the work. USL concurs with the City's
consultant that this task will require approximately three (3) weeks of field work including
equipment and manpower to complete this task. Should additional sampling events be required
by the City or regulatory agencies, an increase in the fee may be required; however, no
additional cost will be incurred without first obtaining written authorization from the City.
Work Component Deliverables:
The results of the LFG survey will be included in the SAR, along with our recommendation for
gas abatement, if appropriate. The results will be presented in tabular format using Microsoft - -
Excei.
Meeting Requirements:
No additional meetings are anticipated for this task.
Project Schedule:
USL anticipates completion of this task will require two to three weeks.
12. Groundwater Quality Assessment
Purpose and Scope:
The purpose of the groundwater quality assessment is to determine if the groundwater at the site has
been impacted by the landfilling activities, to identify the contaminants of concem (if any) and to
determine if groundwater impacts have occurred outside the zone of discharge.
Direct Push Sampling
USL shall initially utilize direct push groundwater sampling techniques to provide rapid assessment
data and guide placement of permanent wells. Direct push sampling is a cost-efficient method for
establishing zones of contamination and enables the selection of permanent wells in locations that
will provide meaningful data. USL shall provide up to five days of direct push sampling equipment,
labor and associated analyses. Temporary well points will be used on -site to assist in delineating
potential groundwater impacts. Field sampling and analyses will focus on pH, Temperature, Specific
Conductance and Ammonia. Additional samples will be collected for laboratory screening and
confirmation of the ammonia concentration. The scope of services includes laboratory analysis of
up to 12 samples for ammonia.
Monitoring Well Installation
USL will install up to 30 shallow, 12 intermediate -depth and three deep monitoring wells at the
site.. The location of the monitoring wells will be determined after better defining the location of
Mr. Gary Fabrikant
November 15, 2006
Page 19
Revised Virginia Key Landfill Environmental Assessment Proposal
the buried waste. Monitoring wells will be installed under the direction of USL's Licensed Water
Well Contractor utilizing the hollow -stem auger or other appropriate method, and observation and
logging will be conducted by a geologist or engineer experienced in well installation techniques
and lithologic logging.. The shallow wells will be constructed, from bottom to top, using
approximately 10 feet of 0.01-inch slotted well screen, followed by approximately five feet or more
of solid two-inch diameter PVC casing (depending upon the depth to water).
Intermediate and deep wells shall be installed using cased mud -rotary drilling methods. The deep
and intermediate wells will be constructed, from bottom to top, using five feet of 0.01-inch slotted
well screen followed by solid two-inch diameter PVC casing to the surface. The anticipated average
depth of the shallow monitoring wells is 25 feet, the depth of the intermediate monitoring wells is up
to 45 feet and the depth of the deep monitoring wells is up to 100 feet below existing land surfaces.
Intermediate and dcep .monitoring wells will be constructed in rv; ,, y ages. The first stage involves
setting a four -inch outer casing installed from :iie ground curiace to just above- he designated well
screen interval to minimize the potential for impacting lower portions of the aquifer by pulling down
waste during drilling activities. The solid casing is then grouted to the surface. The second phase
involves drilling through the casing and grout to the fmal design depth, setting the well screen,
gravel pack, seal and grout to the surface.
The annular space shall be backfilled using clean 6/20 silica sand from total depth to approximately
two feet above the well screen, followed by a fine sand seal and concrete grout to the surface. Each
well shall be developed by over pumping until the effluent is clear and relatively free of sediments.
The top of each well casing shall be placed within a four -inch by four -inch by three-foot tall steel
protective riser. Well construction and development will be in accordance with Chapter 62-701,
FAC and 40 CFR 258.51 "Groundwater Monitoring Well Design and Construction". Auger cuttings
and development water shall be spread on site. It should be noted, that due to security issues
(vandalism) and the nature of settlement typical at landfills, the useful life of the monitoring wells
and casings are expected to be limited, subject to periodic replacement.
Ma;,itoring.Well Sarnolimr and Analyses
USL shall collect and analyze groundwater quality samples from the 45 newly installed monitoring
wells at the site. It is estimated that 30 of the samples will be analyzed for the "Initial background
water quality" parameters in accordance with Chapter 62-701.510(6)(b) FAC, which includes those
compounds listed in 40 CFR 258, Appendix I and H. Based on the results from the first set of
analyses, we would normally anticipate reducing the number of chemicals of concern, thus reducing
the sampling parameters. Therefore, we have estimated samples from 15 wells will require analyses
of only half of the parameters listed. The specific analyses and chemicals of concern are unknown at
this time.
Prior to groundwater sample collection, the monitoring wells will be purged of five well volumes of
groundwater to ensure a representative sample from the aquifer is obtained. The groundwater
sampling will be conducted in general accordance with FDEP Standard Operating Procedures SOP-
01/001. Subsequent to purging of the wells, groundwater quality samples will be collected using
either Teflon'" bailers or low -flow peristaltic pumps and poured into laboratory -supplied containers.
Samples will be submitted to a NELAP-certified laboratory for analysis.
Mr. Gary Fabrikant
November 15, 2006
Page 20
Revised Virginia Key Landfill Environmental Assessment Proposal
Assumptions:
This task includes the installation of up to 45 monitoring wells as detailed above and utilizing
direct push equipment for five days. Should additional monitoring wells or direct push wells be
required by the City or regulatory agencies, an increase in the fee may be required. This task
does not include any cost or provisions for replacement of monitoring wells destroyed or
rendered unusable because of vandalism or any occurrence that is not negligent on the part of
USL or its subcontractors. Each permanent well shall be equipped with standard watertight
lockable cap and placed within a protective riser.
Work Component Deliverables:
Monitoring well completio , diagranls i.U.istrating _tl g_oonstruction detail for each well will be
prepay. d and included in the SH.R. Thr location she wells will be shOWa on ilia �i G
survey/site plan. Laboratory reports, chain -of -custody records and groundwater sampling forms
will be included in the SAR.
Meeting Requirements:
Because groundwater quality assessments are often done by phasing installation of new wells
depending on results from other wells, we will obtain DERM's concurrence prior to installing
wells if their locations have not already been agreed to or if they require adjustment. Therefore,
after we receive and evaluate data, we will schedule formal or informal meetings with DERM
(City) to accomplish this.
Project Schedule:
USL anticipates completion of this task will require three to four months.
13. Surface Water and Sedimeisc 3ainpILIK
Purpose and Scope:
The purpose of the surface water and sediment assessment is to determine if water/sediment quality
in nearby locations has been impacted by the landfill. USL shall conduct an assessment of the
surface water quality and sediments in the near shore areas of water bodies in the vicinity of the site.
We anticipate that DERM may require sampling in on -site wetland areas, surface water bodies
within Virginia Key, as well as tidal areas. Grab surface water samples shall be collected from the
various surface water bodies at and or adjacent to the site. USL shall provide labor and equipment
(14-foot Jon boat or equivalent) necessary to collect six surface water and six sediment samples for
analyses. The surface water and sediment samples shall be collected in general accordance with
FDEP SOP 001/01. Surface water and sediment samples shall be submitted to a sldwG-eelifcll
laboratory for analyses of those parameters listed in Chapter 62-701.510(6)(b), FAC.
Mr. Gary Fabrikant
November 15, 2006
Page 21
Revised Virginia Key Landfill Environmental Assessment Proposal
Assumptions:
This task includes the collection and analysis of up to six surface water and sediment samples as
detailed above. Should additional sampling/analysis be required by the City or regulatory
agencies, an increase in the fee may be required.
Work Component Deliverables:
Laboratory reports, chain -of -custody records and sampling forms will be included in the SAR.
The sampling locations will be shown on the site survey/site plan.
Meeting Requirements:
Na additional n e tifIgs are anttifated for this task.
Project Schedule:
USL anticipates completion of this task will require two to four weeks.
14. Aquifer Characterization
Purpose and Scope:
The purpose of the aquifer characterization activities is to determine the groundwater flow
direction(s), tidal impacts, and estimate the hydraulic conductivity in the shallow aquifer below the
site. This information is required in assessing potential impacts from the landfill on sensitive
receptors. The aquifer characterization is a required element of an approvable SAR.
An evaluation of the groundwater flow at the site will be conducted. Groundwater gauging data, in
conjunction with well casing survey data, will be used to deiemiine the groundwater flow direction
and gradients at the site. Water levels will be tnoriitoieu'with an �iect;oiuc data -logging d'v:ce
(Hermit 2000 or equivalent) to evaluate tidal fluctuations and influence at the site. Water levels will
be recorded at regular intervals for a period of 48 to 72 hours from a network of four monitoring
wells at the site. Water levels in wells equipped with data loggers will be recorded every five
minutes over a 72-hour study period. Manual readings may be taken at other on -site wells less
frequently. The four locations will include one near Biscayne Bay, one in the marginal tidal areas,
one in the upland filled area and one in the upland area, which has not been filled. The groundwater
monitoring data will focus on the changes in water level due to normal tidal cycles, groundwater
flow direction and gradient. The four locations will be selected from the wells installed in task 12
and should provide adequate coverage to characterize tidal impacts.
Slug tests will be conducted to determine estimates of hydraulic conductivity and transmissivity.
Additionally, 12 usual -condition open -hole and falling -head tests, an aquiter pumping test and a
trench infiltration test will be performed in undisturbed areas of the site to estimate hydraulic
conductivity, transmissivity and groundwater flow rates at the site.
Mr. Gary Fabrikant
November 15, 2006
Page 22
Revised Virginia Key Landfill Environmental Assessment Proposal
Assumptions:
Because the need for groundwater remediation at the site is unknown at this time, this task is
proposed as a cost-effective means of obtaining the required information for site
characterization. If active remediation is required, more extensive testing and groundwater
modeling may be required during Phase II of the project.
Work Component Deliverables:
Groundwater contour maps and evaluation/calculation of hydraulic conductivity tests will be
included in the SAR. Testing locations will be illustrated on the site survey/site plan.
Meeting Requirements:
No additional meetings are anticipated for this task.
Project Schedule:
USL anticipates completion of this task will require four to six weeks for collection and analysis
of the data.
15. Preparation of Site Assessment Report and DERM Approval
Purpose and Scope:
USL will prepare a detailed Site Assessment Report (SAR) documenting the findings of Tasks 2
through 14. The report will comply with DERM's SAR requirements and present a discussion of
results, our conclusions and recommendations; the report will include, at a minimum, the following:
• Methodology for field work (approved CAP will be provided as Appendix)
• , Rationale for sampling locations and parameters
• Photographs and description of waste observed
• Cross sections illustrating the horizontal and vertical extent of waste
• Results of LFG survey, including concentration maps as appropriate
• Groundwater contaminant plume maps as appropriate
• Groundwater contour maps
• Scaled plans indicating locations of borings, test pits, monitor wells, and other sampling points
• Summary tables as appropriate
• Probe/Well completion diagrams, Sampling Forms, Laboratory Analytical Reports
• Other forms, tables, figures and calculations as appropriate.
The report shall be prepared under the direction of a F1nrida licensed, Professional Geologist and/or
Professional Engineer, as required and will be signed and sealed accordingly. The revised scope of
work for the SAR shall include preparation of two written responses for requests for in -scope EAP
information and preparation of one complete SAR addendum report. Note that the addendum and the
two RFI responses shall be considered as a cumulative requirement with the CAP (Task 6).
Mr. Gary Fabrikant
November 15, 2006
Page 23
Revised Virginia Key Landfill Environmental Assessment Proposal
Assumptions:
The scope of work includes providing DRAFT copies of the report to DERM and the City for
review and comment. The scope of work for the SAR includes the preparation of up to two
written responses for requests for in -scope EAP information and preparation of one complete
SAR addendum report. Note that the addendum and the two RFI responses shall be considered as
a cumulative requirement with the CAP (Task 6).
Work Component Deliverables:
USL will submit to the City and DERM the DRAFT SAR. Following receipt of comments, USL
will submit the FINAL version to the City and DERM.
Meeting Requirements:
USL anticipates having an initial meeting with the City and DERM (possibly in separate
meetings) to present the DRAFT SAR and have a subsequent meeting with DERM to discuss
their comments, if any.
Project Schedule:
USL anticipates completion of the DRAFT SAR will require six to eight weeks
COMPENSATION
USL will perform the above scope of work for a Fixed Fee by Task of One Million Sixty Thousand
Nine Hundred Eighty Dollars ($1,060,980). A Schedule of Values for the project task is provided
below:
1. Project Initiation and Kick-off Meeting $12,870
2. storic? i Records Review, Research -and Intervie.,.•:: $1 55
3. Site Specific Health and Safety Plan $5,110
4. Community Outreach and Program Management $24,260
5. Land Survey $116,289
6. Contamination Assessment Plan and DERM Approval $48,412
7. Wetlands Survey $68,390
8. Characterization of Waste and Horizontal Delineation $128,730
9. Vertical Waste Delineation $122,578
10. Installation of Landfill Gas Probes $84,182
11. Landfill Gas Survey $34,982
12. Groundwater Quality Assessment $235,158
13. Surface Water and Sediment Sampling $22,158
14. Aquifer Characterization $70,505
15. Site Assessment Report Preparation and DERM Approval $70,301
Total $1,060,980
Mr. Gary Fabrikant
November 15, 2006
Page 24
Revised Virginia Key Landfill Environmental Assessment Proposal
The fees are based upon completion of all of the tasks described above, and the quantities
described herein. Billing will be done monthly based on percent complete of all tasks underway
in a given month.
OTHER PROFESSIONAL CONSULTING, ENGINEERING AND CONSTRUCTION SERVICES
Pursuant to your letter dated March 16, 2006, the scope specified above is for Phase I,
environmental assessment services only. USL has developed a list of additional professional
consulting, engineering and construction -related services which are anticipated to complete this
project beyond the assessment phase. This list is not intended to be exhaustive. These services
will include, but may not be limited to:
• Additional Environmental and Geotechnical Studies Not Included as Detailed Above;
r.alittinf, an-1 Nt 1 DetaBle Above:
• Civil Engineering and Stormwater Management Design;
• Landfill Closure Design Services;
• Site Redevelopment Design;
• Permit Preparation and Permitting Services;
• Construction Cost Estimating;
• Construction of Landfill Cover and Stormwater Management Systems;
• Soil, Groundwater and/or Methane Gas Remediation Systems;
• Redevelopment Construction;
• Construction Management;
• Project Management and Related Consulting and Engineering Services;
• Construction Quality Assurance (CQA) and Quality Control (QC) Inspections; and
• Final Surveying and As -Built Drawings upon Completion of Closure and Redevelopment.
As discussed with the City during the presentation and our meeting on September 18, 2006, USL
eco.iwtfends that. the park design as well as the TA*^�'" ::i1 ar is plan (landfill closure,;
groundwater remediation and stormwater management design) services be initiated immediately
and performed concurrently with the site assessment activities outlined herein in order to
accelerate the overall project schedule. The park design should be conducted in conjunction with
the activities of the City's selected master park planner, thus allowing landfill closure and park
construction activities to commence as early as 24 months from Notice to Proceed.
We understand that the City of Miami will begin negotiations with Miami -Dade County for an
additional grant agreement to cover these services, and USL will begin the development of a
scope and fee proposal immediately upon authorization by the City Commission to commence
with the scope of work covered in this proposal. Absent this approach, it is likely that the
construction phase services would not commence for 36 to 48 months or more. This approach of
worxmg with the master planner should also minimize redundancy and potential re -design. of th
future park.
Mr. Gary Fabrikant
November 15, 2006
Page 25
Revised Virginia Key Landfill Environmental Assessment Proposal
For budgetary purposes, industry standard costs of 10% to 15% of overall project costs can be
estimated for closure engineering, permitting and project management services. The cost of the
park design is also estimated at 10% of the park construction fees. Again, it is our experience
that DERM will not approve the RAP without the park design in sufficient detail; therefore, the
park design services must be performed concurrently with the landfill RAP, including defining
all engineering controls. USL will provide a detailed written proposal to the City for
authorization to access encumbered funds for any of the above referenced "Other Professional
Consulting, Engineering and Construction Services" upon request.
SCHEDULE
Based upon our negotiation on November 6, 2006, USL has agreed to an 18-month schedule,
inclusive of four 30-day regulatory review periods. In consideration, the City has agreed to waive
A,ticle' provisions for 1iiquated larnages.
QUALIFICATIONS
USL's proposal is predicated on satisfying the requirements of DERM for site characterization and
site assessment of former landfill facilities. It is also based on the mutually agreeable terms and
conditions of the Agreement between USL and the City of Miami. The City of Miami understands
that the assessment proposed herein is preliminary in nature for the purpose of establishing the future
closure and redevelopment strategy for the site.
During the course of this investigation, information may be gathered which may require a
modification to scope or fees, but no fees in excess of the authorized budgets will be incurred
without the express written authorization of the funding source and the City of Miami. Services will
be initiated upon receipt of a fully executed contract between the City of Miami and Intercounty
Laboratories - USL, Inc., and written Notice to Proceed from the City of Miami.
The Fixed Fee is based on all tasks being authorized simultaneously and performed pursuant to
USL's proposed schedule to a complete the Site Assessment and Report. The scope and Fixed Fee
qso assume USL shalt ha; :i1b d azeess to the site and aii .:associated histurir F ..cords are
readily available. The scope of any particular task may vary bases upon actual field conditions
encountered; however, the sum total of all tasks shall not exceed the Fixed Fee without prior written
authorization. The scope of work and fee assume that the extent of groundwater contamination, if
any, is defined within the landfill site boundaries.
The scope of work does not include performing ground penetrating radar, conducting an
electromagnetic study or any other geophysical techniques not specified herein. The fee for
groundwater assessment is based upon the use of PVC well screens and casing. The scope of work
also does not include any provision or cost for the containerization, treatment or disposal of
investigative -derived waste. The scope of services does not include conducting a background study
of the surrounding areas.
The Fixed Fee is based upon the express assumption that all fees typically charged by the City for
use and parking at Virginia Key Park, plan review, permits, or similar fees are either waived or paid
as a reimbursable expense in addition to the Fixed Fee.
Mr. Gary Fabrikant
November 15, 2006
Page 26
Revised Virginia Key Landfill Environmental Assessment Proposal
The Fixed Fee is further limited to reasonable document reproduction costs associated with our
deliverables to the City. As part of the scope of work, as provided for in our presentation and
representations to the City, USL shall establish and maintain throughout the project period, a web
site for the posting of all deliverables, documents and project related information approved in
advance by the City. The documents will be in a format, such as Adobe Acrobat® or equivalent, or
as described herein, which can be easily downloaded and re -printed on demand.
USL trusts that you will find this proposal responsive and sufficient to address the initial needs of
this important project. If you have any questions or comments in regards to this submittal, please
contact our Miami office at (305) 651-8483.
Sincerely,
IntercL'ur Laboratories-USL, Inc.
Alexander Hockman, PE, President
Intercounty Laboratory-USL, Inc.
Mark E. Lynch, Jr.
Principal in Charge
ATTACHMENT B
Amendment No. 1
Consultant's Initials City's Initials
Page 26 of 33
City Contract No. 835002
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL SERVICES
WITH
INTERCOUNTY LABORATORIES — USL, INC.
D/B/A BUREAU VERITAS NORTH AMERICA, INC.
This Amendment No. 1 to the Professional Services Agreement dated
(the "Agreement") between the City of Miami, a municipal corporation of the State of Florida
("City"), and Intercounty Laboratories — USL, Inc. ("Contractor") a Delaware corporation, for the
provision of Environmental Services ("Services") is entered into this day of
2007.
RECITALS
WHEREAS, the Agreement was entered into pursuant to Section 287.055. Florida
Statutes, (Consultant Competitive Negotiation Act), City Code 18-87 and RFP No. 04-05-109 in
the total amount of $650,000; and
WHEREAS, it has been determined that it is in the City's best interest to increase the
contract amount by $510,980 (Five Hundred Ten Thousand Nine Hundred Eighty dollars) in
order to complete ongoing work on the Virginia Key Environmental Assessment and
Remediation Project, B-35002 ("Project").
WHEREAS, pursuant to Resolution No. 07- , adopted January 11, 2007, the City
Manager was authorized to execute this Amendment and increase the total contract from
$650,000 to an amount not to exceed $1,160,980 (One Million One Hundred Sixty Thousand,
Nine Hundred Eighty dollars) to complete the Phase I work subject to availability of grant funds
to be received from Miami Dade County.
WHEREAS, pursuant io Resolution' No."07- optec the City
Commission authorized the acceptance and appropriation of $ in additional grant
funds from Miami Dade County to be utilized for the Project.
WHEREAS, funds for the stated purpose are available from Project B-35002,
NOW THEREFORE, for the considerations of the foregoing, the parties hereby amend
the Contract as follows:
Existing provisions of the Agreement are amended in the following particulars:
2. SCOPE OF WORK
Contractor hereby agrees to furnish all labor, materials, equipment, services and
incidentals necessary to complete tasks one through ten toward the development and
approval by DERM of a Contamination Assessment Plan (CAP) and a Site Assessment
Report (SAR) for the Virginia Key Landfill as described for Phase I in the Request for
Consultant's Initials City's Initials
Page 27 of 33
CiN Contract No. B-35002
Proposal (RFP), and more specifically defined in Contractor's EAP included as
Attachment "A".
The Contractor shall perform the first ten tasks all Work as described in the Contractor's
Environmental Assessment Proposal (EAP) dated November 15, 2006.
5. CONTRACT TIME
The Work shall be completed five hundred forty eight four hundred eighty (548480)
calendar days (1848 months) from the issuance of the Notice to Proceed. The contract
time is based on eighteen (18) months of field and professional services to complete the
fifteen ten tasks identified in the EAP, plus twe four, 30-day regulatory reviews. Should
DERM take greater than 30 days per review, Contractor will notify City of said condition
within five (5) business days.
In the event that Contractor has initiated work on task eight (8) prior to execution of this
Amendment or the date of exe',u`ion of this Amendment is after April 1, 2007, whichever
comes earlier then the City shall rant 1e Contractor ari additional one huh -died —eighty
edeghty
calendar days (six months) for a total of seven hundred twenty calendar days (24
months) in consideration of the efficiencies lost by demobilizing from the site.
6. CONTRACT VALUE
Contractor will perform the above Scope of Work for an aggregate Fixed Fee by
Task of Six Hundred Fifty Thousand One Million One Hundred Sixty Thousand nine
hundred eighty dollars ($1,160,980$650,000). The task detail shall serve as the
Schedule of Values for the project and milestones for monthly billing and payment
for completion of specific tasks will be based upon mutually agreeable percentage
completion for each task. A breakdown of the fee by task is presented below:
1. Project Initiation and Kick-off Meeting $12,870
2. Historical Records Review, Research and Interviews $17,055
3. Site Specific Health and Safety Plan $5,110
4. Program Management $24,260
5. Land Survey' $116,289
6. Contamination Assessment Plan and DERM Approval $48,412
7. Wetlands Survey $68,390
8. Characterization of Waste and Horizontal Delineation $128,730
9. Vertical Waste Delineation $122,578
10.Installation of Landfill Gas Probes $84,182
Subtotal $627,876
Owner Authorized Contingency $-22,124
11. Landfill Gas Survey $34,982
12. Groundwater Quality Assessment $235,158
13. Surface Water and Sediment Sampling $22,158
14. Aquifer Characterization $70,505
15. Site Assessment Report Preparation and DERM Approval $70,301
Owner Authorized Contingency $100,000
Total $1,160,980
Consultant's Initials City's Initials
Page 28 of 33
City Contract No. B-35002
All other terms and conditions of the Agreement are in operative force and effect and
remain unchanged.
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal (SEAL)
Corporation of the State of Florida ATTEST:
By: By:
Pedro G. Hernandez, P.E., Priscilla A. Thompson, City Clerk
City Manager
APPROVED ..AS O LEGAL. FORM AND APPROVED AS TO INSURANCE
l ORRECTNE3 REQUIREMCN S: -
By: By:
Jorge L. Fernandez, City Attorney LeeAnn Brehm,
Risk Management Administrator
CONSULTANT
ATTEST:
By:
Corporate Secretary (Signature)
(Affix Corporate Seal)
Mark E. Lynch, Jr., Chief Operations Officer
Intercounty Laboratories — USL, Inc. d/b/a
Bureau Veritas North America, Inc.
Consultant's Initials City's Initials
Page 29 of 33
City Contract No. B-35002
EXHIBIT 1A
INSURANCE REQUIREMENTS
VIRGINIA KEY ENVIRONMENTAL REMEDIATION PROJECT (PHASE I)
COMMERCIAL GENERAL LIABILITY
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000
Aggregate $ 2,000,000
Personal and Advertising Injury $ 1,000,000
Products and Completed Operations $ 1,000,000
Endorsements Required:
City ofni :nc ��. �,;�_- an A ,'?! in _Et
..I., Miar„, , �.,lua�,. 3 uuiu�s ��,�.. � .
Independent Contractors Coverage
Contractual Liability CG 22 74 10
Explosion, Collapse and Underground Hazard
Loading and Unloading
Mobile Equipment Coverage (Contractor's Equipment) weather
Owned, leased, borrowed or rented by the contractor or employees of
the contractor
Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
Endorsements Required:
City of Miami included as an Additional Insured
Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
Consultant's Initials City's Initials
Page 30 of 33
City Contract No. B-35002
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella Policy
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 10,000,000
Aggregate $ 10,000,000
Note: Excess over CGL/Auto/Employer's Liability
VI. Payment and Performance Bond N/A
VII. Contractor's Professional Liability/Error's & Omissions
Limits of Coverage -
Each Olc ui r cnc2 $5,000; 00 -_
Aggregate $5,000,000
VIII. ENVIRONMENTAL AND IMPAIRMENT LIABILITY
Limits of Coverage
Each Claim $5,000,000
Aggregate $5,000,000
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change.
Companies authorized to do business in the State of Florida, with the following •
qualifications, shall issue all Insurance pocks required above:
The company must be rated no Tess than "A" as to management, and no Tess than "Class X"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
Consultant's Initials City's Initials
Page 31 of 33
City Contract No. B-35002
EXHIBIT 2
FINAL CERTIFICATE OF PAYMENT:
PROJECT: CONSULTANT:
(name, address)
BID/CONTRACT NUMBER:
TO (City): CONS'iRUCTION MANAGER:
AGREEMENT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by the Agreement, and the final bill of materials, if
required, have been received and accepted. The Work required by the Agreement has
beer 77:viewed. and the undersigned certifies1 that th_e work, including rninoi:..corrective
work, has been completed in accordance with the provision of the Agreement and is
accepted under the terms and conditions thereof.
Consultant
BY Date
City, through the Director, accepts the work as fully complete and
Consultant's Initials City's Initials
Page 32 of 33
City Contract No. B-35002
Will assume full possession thereof at
(Time)
(Date).
City of Miami, Florida
By Director Date
Consultant's Initials City's Initials
Page 33 of 33
City Contract No. B-35002