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Amendment No. 1
Consultant's Initials City's Initials
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City Contract No. 8- ` 2
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. 07-0032, 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 to Resolution No. 07- , adopted , 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 Tabor, materials, equipment, services and
incidentals necessary to complete 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
Proposal (RFP), and more specifically defined in Contractor's EAP included as
Attachment "A".
The Contractor shall perform 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 548480)
calendar days (1846 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 execution of this Amendment is after April 1, 2007, whichever
comes earlier, then the City shall grant the Contractor an additional one hundred eighty
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 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
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 TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Jorge L. Fernandez, City Attorney LeeAnn Brehm,
Risk Management Administrator
CONSULTANT
ATTEST:
By:
Corporate Secretary (Signature)
Mark E. Lynch, Jr., Chief Operations Officer
Intercounty Laboratories — USL, Inc. d/b/a
Bureau Veritas North America, Inc.
(Affix Corporate Seal)
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 of Miami included as an Additional Insured
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
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City Cattact No. 8-35002
$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 CGUAuto/Employer's Liability
VI. Payment and Performance Bond N/A
VII. Contractor's Professional Liability/Error's & Omissions
Limits of Coverage
Each Occurrence $5,000,000
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 policies required above:
The company must be rated no Tess than "A" as to management, and no less 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.
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City Contract No. 8-35002
EXHIBIT 2
FINAL CERTIFICATE OF PAYMENT:
PROJECT: CONSULTANT:
(name, address)
BID/CONTRACT NUMBER:
TO (City): CONSTRUCTION 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
been reviewed and the undersigned certifies that the Work, including minor 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
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City Contract No. 6-35002
Will assume full possession thereof at
(Date).
City of Miami, Florida
(Time)
By Director Date
1/
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City Coruna Nc. 1345002