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HomeMy WebLinkAboutProposalBUREAU VERtTAS November 15, 2006 Mr. Gary Fabrikant, Assistant Director City of Miami, Department of Capital Improvements 444 NW 2ad Avenue, 8th Floor Miami, FL 33130 Re: Virginia Key Guaranteed Maximum Price Environmental Assessment Proposal USL Proposal No. 93-04-829-R3 Dear Mr. Fabrikant: 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 20-30 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 approval of the Site Assessment Report (SAR) from the Miami -Dade County Department of Environmental Intercounty Laboratories - USL, Inc. 10125 NW 1161° 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 Figure 1 in red, and is assumed to be bound by the perimeter service road. Figure Virginia Key Landfill Site 1 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 Yz" 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 City staff will participate in the meetings, as appropriate. Specific Attendee/Invitees of the meetings should be provided to USL by the City to allow us to send them the meeting 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 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 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 Quality Assessment 13. 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. Proiect 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: • Develop detailed project 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 intemal 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 security 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 1 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 will prepare an agenda prior to the kick-off meeting for the City's review and approval. USL will prepare a meeting summary that will be posted on the project website or delivered 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 effort to further understand the nature and 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. 5 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 1 is to evaluate the potential for on -site impairment from on -site or off -site sources through field reconnaissance and records review. A Phase 1 ESA generally includes gathering information concerning the following: • Site description and location • Present site use • Historical events and usage • Use of surrounding properties • Govemment records • References • 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 Sanbom 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 (NFRAP) facilities (for the site and adjacent 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 and cost constraints and is practically reviewable (ASTM E-1527, 7.1.4.). 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 than 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 Schedule: 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 protective equipment requirements, decontamination procedures, et cetera. 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, discussions, the City of Miami will provide Public Relations and Community Outreach for the project and USL will provide program management. In particular, 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 detailed herein will be provided 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 stakeholders. Project Schedule: The program management services described above will be provided during Phase I pf the project. Mr. Gary Fabrikant November 15, 2006 Page 10 Revised Virginia Key Landfill Environmental 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: The survey will be conducted using photogrammetric survey methods and supplemented in the 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: USL anticipates completion of Boundary Survey within eight weeks from initiation of the task. 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: • Wetlands Survey o Methodology to be used to identify wetland areas 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 Basis 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). The CAP prepared as part of this task is the written document that will be used to guide the procedures for executing the work described in tasks 7 through 15 of this proposal. The fees for 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 separate meetings) to present the DRAFT CAP and have a subsequent meeting with DERM to discuss their comments, if 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 the delineated wetlands. Coordination is expected to include the FDEP, DERM, and USACE. USL will coordinate with the surveyors to survey the flagged wetland boundary 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 1. 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 geotechnical 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 activities is to define the 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 about 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 meeting with DERM and the City to discuss our findings and confirm 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 locations. The LFG probes will be selected in the field based on data collected during horizontal and vertical waste delineation. The 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 temperatures, 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. •ti 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 Requirements: 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, oxygen, and temperature in the subsurface at the 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 of 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 Excel. 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 concern (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 deep monitoring wells will be constructed in two stages. The first stage involves setting a four -inch outer casing installed from the ground surface to just above the 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 final 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 tine 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. Monitoring Well Sampling 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 II. 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 TeflonTM 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 completion diagrams illustrating the construction detail for each well will be prepared and included in the SAR. The locations of the wells will be shown on the site 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 Sediment Sampling 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 (I4-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 state -certified 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: No additional meetings are anticipated 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 determine the groundwater flow direction and gradients at the site. Water levels will be monitored with an electronic data -logging device (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 aquifer 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 Florida -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. Historical Records Review, Research and Interviews $17,055 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; • Wetlands Permitting and Mitigation Not Included as Detailed 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 recommends that the park design as well as the remedial action 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 working with the master planner should also minimize redundancy and potential re -design of the 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 Article 7 provisions for liquated damages. 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 also assume USL shall have unencumbered access to the site and all associated historical records are readily available. The scope of any particular task may vary based 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, Intercounty Laboratories-USL, Inc. Alexander Hockman, PE, President Intercounty Laboratory-USL, Inc. Mark E. Lynch, Jr. Principal in Charge