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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00352
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AN INCREASE TO THE AGREEMENT WITH INTERCOUNTY
LABORATORIES-USL, INC.,D/B/A BUREAU VERITAS, INC., DATED FEBRUARY
23, 2007, THAT PROVIDED ENVIRONMENTAL SERVICES FOR THE VIRGINIA
KEY ENVIRONMENTAL ASSESSMENT AND REMEDIATION PROJECT, B-35002,
IN AN AMOUNT NOT TO EXCEED $711,293, FOR THE CONTINUATION OF
WORK TO PERFORM ADDITIONAL SERVICES REQUIRED AND THE RELATED
INCREASE IN FEES, THEREBY INCREASING THE AGREEMENT FROM AN
AMOUNT NOT TO EXCEED $650,000 TO AN AMOUNT NOT TO EXCEED
$1,361,293; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $711,293,
FOR SAID INCREASE, FROM PROJECT B-35002, CONSISTING OF VARIOUS
FUNDING SOURCES INCLUDING CAPITAL FUNDS AND OTHER SOURCES AS
MAY BECOME AVAILABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE.
WHEREAS, Miami -Dade County ("County") deemed it in its best interest to make certain that 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 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 contractor to
provide Environmental Assessment and Remediation Services for the Virginia Key Landfill Project, B-
35002 ("Project"); 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
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
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File Number: 08-00352
the City the opportunity to continually evaluate the performance of the Contractor's Services; and
WHEREAS, Phase 1 of the Project consists of documenting the existing conditions at the Virginia
Key Landfill and preparing a Contamination Assessment Plan and then utilizing this CAP to develop a
Site Assessment Report to be approved by the County's Department of Environmental Resource
Management; and
WHEREAS, the fixed fee for tasks one through ten (1-10) of Phase I was negotiated as an amount
not to exceed $650,000 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 was negotiated as an
amount not to exceed $510,980, consisting of $433,104 for services plus a $77,876 owner's
contingency; and
WHEREAS, Resolution No. 07-0032, adopted January 11, 2007, authorized the City Manager to
immediately execute an agreement ("Agreement") with the Contractor for tasks one through ten (1-10)
of Phase I utilizing existing funds and further authorized the City Manager to execute Amendment No.
1 for tasks eleven through fifteen (11-15) of Phase I, when funds became available from the County at
a future date; and
WHEREAS, pursuant to Resolution No. 07-0032, the Agreement was executed with the Contractor
and work is underway; and
WHEREAS, this Resolution is now required to authorize a revised Amendment No. 1 due to two
changes imposed by the County; and
WHEREAS, in negotiations with the County, it was determined that additional tasks (16-19) should
be added to the project scope as part of Amendment No. 1; and
WHEREAS, it was further determined that additional funding from the County would not be made
available until after the work outlined in Amendment No. 1 was completed and the City would,
therefore, need to fund Amendment No. 1; and
WHEREAS, funds for the initial Agreement (tasks 1-10) were provided in advance by the County
consisting of $650,000 granted to the City and appropriated by Resolution No. 04-0440, adopted July
8, 2004; and
WHEREAS, funds for the remainder of the Phase I work (tasks 11-19), being authorized as revised
Amendment No. 1, will be contributed by the City and reimbursed by the County at a later date; and
WHEREAS, the fixed fee for tasks eleven through nineteen (11-19) of Phase I has been
negotiated as an amount not to exceed $711,293, consisting of $615,207 for services plus $96,086
owner's contingency; and
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.
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File Number: 08-00352
Section 2. An increase to the Agreement with the Contractor, dated February 23, 2007, that
provided environmental services for the Project, is authorized, in an amount not to exceed $711,293,
for the continuation of work to perform additional services required and the related increase in fees,
thereby increasing the Agreement from an amount not to exceed $650,000 to an amount not to
exceed $1,361,293, with funds allocated, in the amount not to exceed $711,293, for said increase,
from Project B-35002, consisting of various funding sources including capital funds and other sources
as may become available.
Section 3. The City Manager is authorized{1} to execute Amendment No. 1, in substantially the
attached form, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
ft
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.
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