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Home My WebLink AboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02168 Final Action Date: 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 BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE SCOPE AND FEES FOR PHASES II AND III OF SAID PROJECT, SUBJECT TO CITY COMMISSION APPROVAL. WHEREAS, Miami -Dade County ("County") deemed it in its best interest to make 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 competitive selection. process, and issued a Request for Proposals ("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 Cis), of Miami Page 1 of 3 Primed On: 12/28/2006 File Number: 06-02168 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 $660,000 consisting of $-627,876 for services plus a $22,124 owners contingency; and 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 $660,000 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 WHEREAS, Phase II consists of the development of a Remediation Action Plan; and WHEREAS, Phase III consists of physical Site remediation and Project close-out; and 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: Cin' of Miami Page 2 of 3 Printed On: 12/28/2006 File Number: 06-02168 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 budgetary approval at the time of need. 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 Footnotes: {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 Page 3 of 3 Printer! On: 12/28/2006