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HomeMy WebLinkAboutBack-Up DocumentsAgreement for Dredging Services for WagnerCreek and Seybold Canal Waterways Project Num B-50643, CONTRACTOR CH2M Hill Constructors. Inc. 400 Ponce DeLeon Boulevard Coral Gables, Florida 33146 Department of Capital improvements Program City of Miami 444 SW 2" Avenue, 8th Floor Miami, Florida 33130 ) THIS AGREEMENT, made and entered into this rdday offe41042008 by and between the City of Miami, Florida, a municipal corporation, hereinafter called the City and C1-12M Hill Constructors, Inc., a Delaware Corporation, hereinafter called Contractor. WITNESSETH: A. WHEREAS, the City issued a Request for Letters of Interest ("RFLI") No. 05-06- 090 to develop a short-list of qualified firms and a Request for Proposals ("RR") No. 05-06- 09010 enter into competitive negotiations for the provision of Environmental Services ("Services") for the dredging of Wagner Creek and Seybold Canal Project and based on the submittals submitted by the Contractor ("Submittals"), in response thereto, Contractor was selected for the provision of said Services. The RFLI, RH and the Submittals are sometimes referred to herein, QolleQtively, as the Solicitation Documents, and are by this reference expressly incorporated into and made a part of this Agreement as if set forth in full, B. WHEREAS, the City, through aotion of the City Commission, has selected the Contractor in accordance with the applicable provisions of the City Procurement Ordinance, to provide the services as described herein by Resolution No. R-07-0482, adopted September 11, 2007 and authorized the City Manager to negotiate this Agreement C. WHEREAS, the City, through action of the City Commission, by Resolution No, R-07-0482, adopted September 11, 2007, has authorized the City Manager to execute this Agreement NOW THEREFORE, in consideration of the mutual covenants and compensation set forth herein the City and Contractor agree as follows: Section 1 - Terms and Conditions 1, DEFINITIONS Whenever the following terms or pronouns In place of them appearin the Agreement, the intent and meaning shall be interpreted as follows: Agreement means this document, the RFLI, RFLI, Proposal addenda, and all of the Contractor's Submittals, , and any additional documents the submission or approval of which is required by the Agreement. Change Order means a written document ordering a change in the Contract Prim or Contract Time or a material change in the Work. A change order must comply with the Agreement and the Procurement Ordinance of the City. City means the City of Miami, Florida, •a Florida municipal corporation, In all respects hereunder, City's performance is pursuant to the City's capacity as owner of the Project. For the purposes of this Agreement, ''City" without modification shall mean the City Manager or Director, es applicable. City Commission means the governing and legislative body of the City, City Manager means the Chief Administrative Officer of the City. Construction Change Directive means a written directive to effect changes to the Work, issued by the City. Consultant's tnilials City's Page 2 of 24 OcHeract r4a. 0{3-2028 City PrOcl No. ti-SC 643 Agreement Price means the original amount negotiated and awarded by the City. Project Manager means the individual designated by Contractor as its lead representatives to the City whom shall have the authority to obligate and bind Contractor and to act on all matters on its behalf. Agreement Time means the time period defined in this Agreement for the Contractor to complete the Project City Project Manager means an employee or representative of the City assigned by the Director to manage and monitor the Work to be performed under this Agreement Contractor means CH2M Hill Constructors, Inc., or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Agreement to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. Corps of Engineers means the United States Army Corps of Engineers Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Agreement for the Work, which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Agreement affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site disturbed in performing such cure, Cure Period means the period of time in which the Contractor is required to remedy deficiencies In the Work or compliance with the Agreement after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. DERM means the Miami -Dade County Department of Environmental Resource Management. Director means the Dirootor of the Department of Capital Improvements and Transportation or designee, who has the authority and responsibility for managing the Project under this Agreement. FDEP means the State of Florida Department of Environmental Protection. Field Directive means a written approval for the Contractor to proceed with Work requested by the City, which is minor in nature and should not involve additional cost. Final Completion rneans the date certified by City in the Final Certificate of Payment upon which all conditions and requirements of any permits arid regulatory agencies have been satisfied; any documents required by the Agreement have been received by City; any other documents required to be provided by Contractor have been received by City; and to the best of City's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Agreement. Inspector means an authorized representative of City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. Materials mean goods or equipment incorporated in this Project, or used or consumed in the performance of the Work. Notice -To -Proceed means a written letter or directive issued by the Director or City's Project Manager acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project or a specific task of the Project. Project means the Work described in the Agreement, Cop Contract No. 064D2A ultant'sJnllat City's In' P8ge 3 of 24 City Prole(t No E3-5064 Project Initlatton Irate means the date uponwhich the Agreement Tim corimences. Punch list means a compilation of Iems of Work required to be performed by; or through the Contractor prior to Final Completion and payment.. Request For Information (RFI] means a request from the Contractor seeking en interpretation or clarification cation relative to the -Agreement and/or the Work Risk Administrator means the City Risk Management Administrator,, br designee, or the .individual named by the City Manager to administer rna Loss for the City. :Subcontractor means a ,person, firm ar corporation having a direct contract with Contractor including one who furnishes material_ worked to a special design according °to he Agreement, but_doesngt include one,wha merely furnishes Materials:not so worked. Submittals mean documents prepared by the Contractor .or those working on Its behalf to show required by the City or other regulatory agencies necessary for the completion of the Work under this Agreement. Work means .the cervices required by the Agreement; whether Completed: Or partially completed,, and -includes all other labor, materials, equipment and •services provided or to be •provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project -as applicable. 2. SCOPE OF WORK Contractor hereby agrees to fr<trnish all labor, materials, equipment, services and incidentals necessary for the assessment and permitting required for dredging by GERM, FDEP, and the Corps of Engineers as stipulated in the work plan dated September 2007 as amended and agreed to by both parties, which is Incorporated herein and made part of° this. Agreement . The Work tobe performed includes: 1. Wagner Creek from NW 20 Street to NW 1'1th Street, 2. Seybeld Canal fret NW 11t Street to the Miami River 3. AGREEMENT OPTIONS The Of Wa.� mptet authorit 11 €he r reflects+ approval of fire C Ivaae and t 4. INTENTION OF CITY may exec Seybo♦d Cana will enter into a racer fey Reoo( to the avafabili ,^ otiat ors witl gre.ement_wi Iomentalagre d itemlzet mint( s relating to ;insurance and risk of option erase f1 which encompass. Shaul leiect ter- exercise 1h rk Arnr r #ment to this Agreement ours the dr3 rrte ing into-m ractual terms rark 6 reflect tone wilt. be rbje t to the the Intention of City to describe in this Agreement the Project to be completed in ante with the Agreement and in accordance with all codes and regulations governing all the Work to be performed under this Project. Arty work, materials or equipment that may reasonably be inferred from the Agreement as being required to produce the intended result :shalt be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such CansuI Page4ofA City Piojea No. 0-8G64 Crty's inmlisis words sl- all be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the Iaws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Agreement. 8. AGREEMENT TIME The Director shall issue a Notice of Award to the Contractor upon approval of the award by the City Commission and execution of the Agreement by the City Manager, The receipt of prior approval from DERM for commencement of the Work, and any other document determined to be necessary by the City Manager are conditions precedent to the mobilizing on the Project site and commencement of the Work. The Contractor shall submit all necessary documents required by this pr©vision within the time agreed to by the City's Project Manager and the Contractor at the pre -construction meeting. Contractor shall not commence any Work under this Agreement until the City has issued a Notice to Proceed. The Contractor .shall notify the City and DERM forty-eight (48) hours prior to the commencement of Work. The City and the Contractor recognized that time is of significant importance to the City and that the Work is to be completed In the timefrante(s) stipulated in the Agreement. CH2M Hill will utilize its best efforts to complete the Work In the timeframes established in this Agreement and that any extensions of time shall be requested and considered in accordance with the provisions of this Agreement. The Work shall be completed as stipulated in the work plan dated January 2, 2088 which is incorporated hereto and made part of this Agreement 6. CONTRACT VALUE Contractor will perform the above Scope of Work for an amount not to exceed $917,381.00, This shall be a Firm Fixed Price and the Contractor shall not be entitled to any additional compensation for any requirements necessary to obtain the environmental approvals mandated by DERM, FDEP, Corps of Engineers, the City or other regulatory agency, or where the City makes changes in the Scope of Work or the Contract Terms and Conditions. Payments shall be made for Work based on Article 9, Progress Payments. 7. LAi3OR AND MATERIALS Contractor shall provide and pay for all materials, labor, waler, tcols, equipment, light, po transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not Incorporated be Incorporated In the Work. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 8. PROGRESS PAYMENTS Contractor shall make monthly Application for Payment for Work completed during the Project based on the completion of established benchmarks. A 10% retalnage on each payment will be held until all required permits have been obtained as required by this Agreement and the Work has been completed to the Clty's satisfaction. Progress Payments shall be made in accordance with the progress payment schedule dated November 15, 2007, which Is attached hereto as Exhibit 1. rnillals Cliy's mill l 43 Contractor's Application for Payment shall include a partial release of liens relative to the Work, which is the subject of the Application for Payment and any other information required by the City. Contractor shall also submit an updated Project Schedule reflecting the current status against the accepted baseline Project Schedule, Each Application for Payment shall be submitted in triplicate to City's Project Manager for approval. City may withhold, in whole or In part, payment to such extent as may be necessary to protect itself from loss on account of: ▪ Defective Work not remedied. • Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. • Failure of Contractor to make payments properly to Sub -Contract rs for materials, equipment, or labor. Failure of Contractor to provide any and all documents required by the Agreement by DERM. FDEP or the Corps of Engineers. PAYMENTS Payment of an approved Application for Payment approved by the Director or designee shall be made within thirty (30) days after receipt of Contractor's Application for Payment by the City, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. 10. PRIORITY OF PROVISIONS Where there exists a conflict or inconsistency between any term, statement, requirement, any document or requirement incorporated by reference, or provision within the Agreement, or incorporated , or any event referred to herein the following order of precedence shall apply: 1. The latest revision to the Agreement shall govern over the Agreement. 2. The Contraotual Terms and Conditions shall govern any documents or requirements incorporated by reference, 3. The Contractual Terms and Conditions shall govern any documents or requirements of the RFLI, RFI and any subsequent information provided to the City as part of the competitive negotiation process. 4. Regulatory requirements shall supersede requirements contained hi the Agreement, 11. SUPERINTENDENCE AND SUPERVISION Contractor shall keep on the Project during its progress, e full-time competent English speaking Principal -in -Charge and Project Manager and any necessary assistants. The Contractor's Principal -in -Charge and Project Manager shall not be changed except with the written consent of City, unless the Contractor's Project Manager proves to be unsatisfactory to Contractor or ceases to be In its employ. The Contractor's Principal-iraCharge and Project Manager shall represent Contractor and all directions given to the Contractor's Project Manager shall be es binding as if given to Contractor and will be confirmed in writing by the Contractor's Principal in Charge. Contractor shall give efficient supervision to the Work, using its best skill and attention. The City shall be provided telephone number(s) for the Contractor's Project Manager where the superintendent can be contacted during normal working hours as well es after hours for emergencies. Consuflants Jjj CIty$ PaE„Ie 6 of 24 Coikacdl. 06-2Q28 aty Ptqacl N. 8-50643 Contractor's Project Manager shall record, at a minimum, the following field information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of the City, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day, All information shall be recorded in the daily field log in indelible ink. The daily log shall be kept on the Project site and shall be available at all times for Inspection and copying by City. Contractor and the City's Project Manager shall hold progress meetings as deemed necessary by the City to ensure the timely completion of the Work. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Agreement Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures required to complete the Work, 12. NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mali, postage prepaid, return receipt requested,. electronic mail, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified, The place for giving notice shall remain the same as set forth herein until changed. For the present, the parties designate the following: For City: Gary Fabrikant Assistant Director- Dept. of Capitaf lmprovements Program 444 SW 2nd Avenue, 8th Floor .Miarni, FL 33130 David Mendez Assistant Director— Dept of Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 With copies to: Todd Milne CH2M HILL Northpark 400 100 Abernathy Road Suite 1600 Atlanta, Georgia 30328 13, INDEMNIFICATION Contractor shall hold harmless, indemnify and defend City, its officials and employees from any and all claims, losses and causes of actions which may arise out of the performance of this Agreement as a result of any act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of Contractor or its Sub - Contractor, Contractor shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all Project related suits, in the name of City when e 4121_7„ CIty's s corisvltanrs Initials Page 7 of 24 Ccolmci N Ofi2O2 Cdy Noject No, 6.50843 applicable, and shall pay all costs, including without limitation reasonable attorney's and appellate attorney's fees, and judgments which may issue thereon, Contractor's obligation under this Article shall not be limited in any way by the agreed upon compensation, or Contractor's limit of, or lack of, sufficient insurance protection and shall apply to the full extent that it is caused by the negligent act or omission, recklessness or intentional wrongful conduct of Contractor, its agents, servants, representatives or Sub - consultants. 14. INSURANCE Contractor agrees to comply with the provisions of Exhibit 1, attached hereto and Incorporated herein prior to the City's execution of this Agreement. Contractor shall maintain in full force and effect during the performance of the Work and as may be required by Florida Statute all insurance specified in Exhibit 1. 15. MODIFICATIONS TO COVERAGE The City through its Risk Administrator or authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations and shall provide a thirty (30) day written notice to the Contractor In that event, Contractor shall comply with such requests unless the insurance coverage is not then readily available in. the national market and may request additional consideration from City accompanied by justification. All additional cost will be born by the City, 16 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 17. AUTHORITY OF THE CITY'S PROJECT MANAGER The Director hereby authorizes the City's Project Manager to answer all questions in connection with the Work, and/or as to the interpretation of the Work to be performed. The Contractor shall be bound by all determinations or orders of the City's Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Whore requests are made orally, the Project Manager will follow up in writing, within 24 hours. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Agreement, unless otherwise modified In writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued through the Director or designee, or the Project Manager. The Project Manager shall have access to the Project Site during normal working hours, unless access is required by the City due to the health, safety or welfare of he City or the public. The Project Manager shall make periodic visits to the Project Site during the entire course of construction ,to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding according to the requirements of the Agreement. The Project Manager will have authority to reject Work that does not conform to the Agreement. Whenever, in his or her opinion, it is considered necessary or advisable to insure the proper implementation of the Agreement, the Project Manager will have authority to require special inspections or testing of the Work. Neither the Project Manager's authority to act under this Canna NO. or,zon Consullon 's Initials City's InItlals Page 8 of 24 city Proicat No. 3 SOf.43 Article, nor any decision made by hireiher in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any Sub -Contractor, supplier or any of their agents, employees, or any other person performing any of the Work. The Project Manager will not be responsible for the Contractor's means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractors failure to carry out the Work in accordance with the Agreement The Project Manager will also not be responsible for the acts, errors or omissions of the Contractor, or anyone employed or contracted directly or indirectly by the Contractor including any Sub -Contractor, or any of their agents or employees, or any other persons performing any of the Work. 18. CONSTRUCTION SIGNAGE Signage requirements only apply to Phase II of the Project. The City shall provide the Contractor the wording and layout for all required signs at the pre - construction conference. The Contractor shall typically furnish the two City of Miami signs at the Project site. The City shall approve the locations for all signage 19. CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE Where the Contraotors operation could cause damage to telephone, fiber optic cable, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance, Contractor shall not proceed with the work until all utilities are properly located, Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, Inconvenience, delay, suits, aotions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Agreement Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work, In the event of interruption in utility services due to construction operations, the Contractor shall promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all cost e of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with the Work are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with slrnilar and equal materials at the Contractor's expense and as approved by the City's Project Manager, Replace, with material approved by the City's Project Manager, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Agreement and as approved by the City's Project Manager. 20. PROJECT SITE FACILITIES To the extent necessary for completion of the Work, Contractor may elect to arrange for Project - site facilities as necessary to enable the Contractor and the City to perform their respective duties and to accommodate any representatives of the City visiting the projeot. Projeot-site Consultant's Initials City's Initials Contract NO. 06.2026 Page 9 of 24 City Project Mo. 0.50,343 facilities, include, but are not lirrri#ed to suoh things as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Construction Work. The Contractor shall provide and maintain at his awn expense,in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the City's Project Manager The Contractor shall obtain all necessary permits required for any Project site facilttie. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 21. SECURITY The Contractor shall have sole responsibility for the security of all materials, toots, equipment and Work at the site, The City shall not be ;liable for any damage or loss to such materials,tools, equipment and Work. 22. STOP WORK ORDER The City may, at any time, may issue a "Stop Work Order" to the Contractor, The duration of the order could be for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either cancel the Stop Work Order; .or terminate the Work covered by such order as provided in Article 49 Termination for Convenience. If a "Stop Work Order" issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor may have been .delayed by such suspension The Contractor shall be entitled to compensation for cost where such stoppage In work results In direct increased costs, One example of such direct increase cost would be where the Contractor is required to continue to pay for the rental of equipment. to the event the Contractor determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any ether reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 23. HURRICANE PRECAUTIONS During such periods of time as are designated by the National Meat h r Seruice as being a hurricane warning or alert, the Contractor, at no cost to the City, shall secure the Project site,, regardless of whether the City has given notice, Compliance with any specific hurricane warning or alert precautions wilt not constitute additional work. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Agreement Time as a non-compensabte delay, 24. CLEANING UP., CITY'S RIGHT TO CLEAN UP City's in Is rage 10 of 24 1N P of c iVo. t-5oo43 Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Its operations. At the completion of the Project, Contraotor shall remove all its waste materials and rubbish in and around the Project as well as Its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or et the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. if a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the Contractor. Ail large quantities of stored combustible waste materials, shall be removed from the Project at the end of each day. Cleaning operations should be controlled to Ilmit dust. 25, REMOVAL OF EQUIPMENT If this Agreement is terminated prior to the completion of the Project, the Contractor shall promptly remove any part or all of Contractor's equipment and supplies from the property of Cityif the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. 26. SUBCONTRACTORS A Sub -Contractor is any person or entity that Is performing, furnishing, supplying or providing any portion of the Construction Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Sub -Contractors. All subcontracts shall require each Sub -Contractor to be bound to the Contractor to the same extent Contractor is bound to the City by the terms of the Agreement. 27. 'KEY PERSONNEL The Contractor acknowledges that it was selected by the City, in part, on the basis of qualifications of particular staff identified in Contractor's response to the RFLI, hereinafter referred to as "Key Personnel". Contractor shall ensure that Key Personnel as detailed In the Attachments are available for Work hereunder as long as said Key Personnel are in Contractor's or Subcontractor's employ. Contractor will obtain prior written approval of Director or designee to ohange Key Personnel. New personnel proposed by the Contractor shall be subject to approval by the Director. 28, REMOVAL OF UNSATISFACTORY PERSONNEL The City may request the Contractor remove and replace any personnel employed or retained by the Contractor, or any Subcontractors, or any personnel of any such Subcontractors .The Contractor shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The Project Manager shall make the final determination as to the removal of unsatisfactory personnel from the Work_ Such decision shall not be construed as directing the Contractor to terminate any employees' employment with the Contractor, 29. WORKER'S IDENTIFICATION The Contractor's employees or subcontractors, shall wear an Identification card provided by the Contractor. The Identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result In his/her removal from the Work until such time kls the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. Consultant's InitiaIs city's Initials Po 11 of 24 Caramel N. 06-202/3 City Project No, II-5064$ 30, CONTINUING THE WORK Contractor shall carry on tiie Work and adhere to the Project schedule during all disputes or disagreements with City, including, without limitation, disputes or disagreements concerning a request for a Change Order, the Contract timeframe for completion of the Work, The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 31. PUBLIC ENTITY CRIMES. in accordance with the Public Crimes Act, Section 287.133, Merida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or performwork as a contractor, supplier, or subcontractor, under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287,017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor's debarment. 32. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT Contractor warrants and represents that it does not and will not engage In discriminatory practicesand that there shall be no discrimination in connection with Contractor's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be dented services, 'or be subject to discrimination under any provision of this Agreement, Contractor shalt affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles 1 and 1 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards, in addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 33, AUDIT RIGHTS AND PUBLIC RECORDS Contractor 's records (all the foregoing hereinafter referred to as "records") which may include but not be limited to accounting records, payroll time sheets, cancelled payroll checks, W-2's, 1099's, written policies and procedures, computer records, disks and software, videos,. photographs, subcontract files (including proposals of successful and unsuccessful bidders), originals estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by City's agent or Its authorized representative to the,extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the Agreement. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) es they may apply to costs associated with this Agreement, Initials Page 12 of 24 CityPrgecl a-€ soma Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections, examinations and evaluations, the City's agent or authorized representative shall have access to said records from the effective date of this Agreement, for the duration of the Work, and until five (5) years after the date of final payment by the City to Contractor pursuant to this Agreement, The" City's agent r r Its authorized representative shall have access to the Contractor's facilities, shall have acacess to all necessary records, and shall be provided adequate end appropriate work space, in order to conduct audits in compliance with this provision. The City or Its authorized representative shall give audltees reasonable advance notice of intended audits. If an audit inspection or examination in accordance with this Article discloses overcharges in excess of 1°A) except negotiated fees by the Contractor to the City, the actual cost of the City's audit shall be paid by the Contractor. if the audit discloses contract billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum within 20 days of receipt of a written demand unless otherwise agreed to by both parties in writing. 34, SAFETY PRECAUTIONS Contractor and its Subcontractors shall comply with Occupational Safety and Health Administration (OSHA) and all other applicable federal, state and local health and safety regulations. A safety plan will be designed to protect the health and safety of local residents, local businesses, City employees and ail persons performing Work under this Agreement, The safety plan shall be consistent with the requirements of: OSHA Safety and Health Standards 29 CFR 1910 (General Industry), US Department of Labor, Occupations Safety and Health Administration OSHA 29-CFR 1910,120 Hazardous Waste Operations and Ernergency Response, US Department of Labor, Occupations Safety and Health Administration OSHA Safety and Health Standards 29 CFR 1926 (Construction Industry), US Department of tabor, Occupations Safety and Health Administration Standard of Operating Safety Guideiines, USEPA, Environmental Response Branch, Hazardous Response Support Division, Office of Ernergeney and Remedial Response. Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, US Department of Health and Human Services, Public Heath Service, Center for Disease Control, National institute of Occupational Safety and Health The Contractor, its employees and subcontractors shaft implement and maintain these procedures prior to and during the performance of the Work. 35,, PERMITS, AND LICENSES Except as otherwise provided within the Agreement, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by. Contractor pursuant to this Agreement shall be secured and paid far by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for ail persons working on the Project for whom a Certificate of Competency is required. contract No, 06.2028 4s City' Page 13 of 24 CILy Project No.'6.696'43 36. TAXES Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 37. _COMPLIANCE WITH LAWS Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement 38. NO DAMAGES FOR DELAY In the event of any delays to the Project that are caused by actions or events thal are out of the control of the City or entities hired or control by the City, the Contractormay request a time extension in accordance with the terms of the Agreement The City shall not be liable for any delay damages which may be attributable to performing Work out Pf sequence, acceleration claims or other similar type claims, Incurred by Contractor.. The time for Completion will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor If a claim is made therefore as herein. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, epidemics, abnormal weather conditions or acts of God. 39, EXCUSABLE DELAY Excusable Delays are those caused by circumstances beyond the control of Contractor, its Sub - Contractors, suppliers and vendors, and those oaused jointly or concurrently by Contraotor or its Sub -Contractors, suppliers or vendors and by the City. Contractor is entitled to a time extension of the Construction Work Time for Completion for each day the Construction Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Where Contractor seeks compensation due to an Excusable delay that request must be submitted in accordance with Article 39. Contractor shall furnish to the City's Project Manager all documentation supporting its claim which describes the work affected and the actual costs resulting from the delay. Where the City agrees to an excusable delay and the Work is being performed by a Sub - Contractor, the Contraotor shall be paid for actual costs associated with the delay plus 5% for indirect and overhead costs. Where the City agrees to an excusable delay and the Work is being performed by the Contractor's own forces the Contractor shall be reimbursed for actual costs burdened by the Contractor s current Florida Department of Transportation audited overhead rate plus 6% profit associated with the delay. The Contraotor agrees that the above constitutes its sole and •exclusive remedies for an excusable delay. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 40, NOTIFICATION AND CLAIM FOR DELAY Any claim for a change in the Time for Completion, shall be made by written notice by Contractor to the Project Manager within fifteen (15) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, Consultant's lailials Coal/act NO. o6.2Q20 Page 14 of 24 City Proioci No. 8-50643 within twenty (20) calendar clays after the event giving rise to the claim, written notice of the extent of the claim with supporting documentation shall be provided unless the Project Manager allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor 's written notarized statement that the adjustment claimed Is the entire adjustment to which the Contractor has reason to believe it is entitled as e result of the occurrence of said event. 41, EXTENSION OF TIME NOT CUMULATIVE In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 38, Excusable, 'Delays, the Contractor shall not be entitled to e separate extension for each one of the causes, only one period of extension shall be granted for the delay. 42. CONTRACTOR'S DAMAGES FOR DELAY No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase In the Contract price or payment or compensation of any kind from, City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not firrited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. Otheiwfse, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. Except as may be otherwise specifically provided for in the Contract. Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to cornplete performance of the Work, In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays In processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shaft not receive monetary compensation for City delay. Time extensions may be authorized by the City in certain situations. 43. FORCE ,MAJEURE: If the Contractor is delayed In performing any obligation under this Agreement due to a force majeure condition, the Contractor shall request a time extension from the City within five (5) working days of said force majeure occurrence. Any time extension shall be subject to mutual, agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. • 44. "FIELD DIRECTIVES The City's Project Manager may at times issue Field Directives to the Contractor while visiting the Project site Such Field Directives shall be Issued in writing and the Contractor shall comply with such directive. If the Contractor believes the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the City's Project Manager that the Field Directive is outside the scope of the Work. At that time the Field Directive may be rescinded or Contre.ci No. 064020 ConsuRonrs 1111081* City's !Wats Page 13 o(24 City Prclocf No.13,60543 the Contractor may be required to submit a request for a Change Order proposal. Where the Contractor is notified of the City's position that the Field Directive is within the scope and the Contractor disagrees, the Contractor shall notify the City's Project Manager that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Agreement. 45. CHANGE ORDERS All changes to the Work rnust be approved in advance in accordance with the value of the Change Order or the calculated extension of time. Ail Change Orders, excluding those issued against the contingency, increasing the value of the Agreement by $50,000 or more shall be approved in advance by the City Commission. NI Change Orders increasing the value of the Agreement, excluding those issued against the contingency by less than $50,000 shall be approved in advance by the City Manager, Director or designee. All Change Orders issued against the contingency shall be approved by the Director or designee; 46 INSPECTION OF WORK The City shall at all times have access to the Work during normal work hours. Inspectors shall have no authority to permit deviations from any of the provisions of the Agreement, nor to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of the Project Manager. l'he payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or Indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Agreement. 47. DOCUMENTS AND RECORDS All documents, reports, including laboratory reports, drawings, maps, computer files, models and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered "work for hire "as such phrase is defined in Section 101 of Title 17 of the United States Cade (Public Law 94-533 and all title, ownership and copyright privileges are and at all times shalt be the property of the City without restriction or limitation on their use, and wilt be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. Contractor shall provide hard ail such Information electronically as well as In hard copy; 48. SUBMITTALS., The Contractor shall be responsible for submittals as may be authorized by the City. The Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all submittals required to complete the Work and as required by the Agreement,. The Contractor shall, without additional compensation, correct, revise the submittals as required to obtain the approval of DERM, FDEP, and the Corps of Engineers. 49. REQUESTS FOR INFORMATION (RFI) The Contractor shall submit In writing a Request for Information (RFI) to the City's Project Manager. The RFi, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) requiring clarification or interpretation and why the response is needed. The RFi must set forth the Contractor's Interpretation or understanding of the document(s) in question, along with the reason for such understanding and the Implications (time and cost) of any proposed action by the Contractor. Consulfanrs IrtItlais 28 P c s t�f 24 C Ly F, Clly's lnlllals 50. TER VMINATI©N FOR CONVENIENCE The City has the right to terminate this Agreement with or without cause, upon thirty (30) days Written Notice. Such Written Notice shall state the date upon which Contractor shall cease all Work, and vacate the Project site. Upon termination of this Agreement, all charts, sketches, studies, drawings, reports and other documents, 'including electronic documents, related to Work authorized under this Agreement, whether finished or not, must be turned over to the City. Upon termination for reasons other than Contractor's default, the Contractor shall be paid in accordance with provisions of this Agreement, provided that said documentation Is turned over to City within fifteen (15) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation Is delivered to the City. 51, TERMINATION FOR DEFAULT If Contractor fails to comply with the terms or`conditions of this Agreement, the Contractor could be found in default. Upon the occurrence of a default which is not cured within the Cure Period, in addition to all remedies available to it by law, the City may immediately, upon written notice to Contractor, terminate this Agreement whereupon all advances paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The City may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. In the event of termination due to default, in addition to the foregoing Contractor shall be liable for all costs and expenses incurred by the City in the re -procurement of the Work under this Agreement. In the event of Default; the City may also issue a Notice. to Cure and suspend or withhold payments to Contractor until such time as the actions giving rise to default have been cured. A finding of default and subsequent tenrrinatic n for cause may include, without limitation, any of the following: Contractor fails to obtain the insurance required herein required. • Contractor fails to comply with any of its dutlee under this Agreement, with any terms or conditions set forth in this Agreement beyond the specified period allowed to cure such. default. Contractor fails to commence the Work within the tirneframes provided or contemplated - herein, or fails to complete the Work in a timely manner as required by this Agreement. The City shall provide Written Notice to Cure to Contraotor as to a finding of default, and Contractor shall take all necessary action to Cure said default within such time as stipulated in the Written Notice.. Such time to Cure shall be at the sole discretion of the City.. The City may extend the Cure Period at its sole discretion or terminate the Agreement upon failure of the Contractor to cure such default in the specified tirneframe. 52, CONTRACTOR'S RiGHT TO TERMINATE The Contractor shall have the right to terminate this Agreement fc r cause, in writing, following breach for non-payment by the City, if breach of contract has not been corrected within thirty (30) days from the date of the City's receipt of a written notice from Contractor specifying the Clty's breach of its duties under this Agreement. Consultant's Initials City's Millais Pcig 17 4 004 53. MATERIALITY AND WAIVER OF BREACH City and Contractor agree that each requirement, duty, and obligation is an integral part of this Agreement. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement, A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement 54. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager shalt, within ten (10) working days, perform the inspection. If City's Project Manager finds the Work acceptable, the requisite documents have been properly submitted, the requirements of the Agreement satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment (Exhibit 2) shall be issued by City's Project Manager. Before issuance of the final payment, Contractor shall deliver to City's Project Manager a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof', an affidavit certifying that all suppliers and Sub -Contractors have been paid in full and that all other indebtedness connected with the Work have been paid. Contractor shall deliver approved permits from the DERM, FDEP, Corps of Engineers and the City of Miami necessary to perform the dredging. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Agreement and Identified by Contractor as unsettled at the time of the application for final payment. 55. RESOLUTION OF CONTRACT DISPUTES Contractor understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be initially submitted to the Director for resolution. Upon receipt of the submittal from the Contractor, the Director shall render a decision within fourteen (14) calendar days. Where a mutually satisfactory resolution cannot be reached the Contractor may submit the dispute to the City Manager or his/her designee for resolution. Where a mutual resolution cannot be reached between the Contractor and the City Manager or designee, the Contractor, prior to being entitled to seek judicial relief shall comply with Article 58 of this Agreement, in connection therewith. Should the amount of compensation hereunder exceed 5500,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: it has first received City Managera written decision, approved by the City Commission if applicable, or a period of thirty (30) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (75) days has expired where City Manager's decision is subject to City Commission approval; and • mediation of the dispute, as stipulated in Article 58, has not resulted in a mutual resolution; or City has waived compliance with the procedure set forth in this Article by wrltten instrument(s) signed by the City Manager. 'Consultant's Initials City's lials Pags15of24 oantracc Hu O$QZ CiIy Pinjol No. 11-5C443 55. MEDIATION - WAIVER OF JURY TRIAL in an effurrt to engage in a cooperative effort to resolve conflict which may arise during the co Ltrse of the design and/or construction of the Project, and/or following the completion of the the parties to this Agreement agree ail unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties, A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with ail Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution, In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 57. APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed In accordance with and governed by the laws of the State of Florida. Any suit or potion brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of Contractor's duties to indemnify the City under this Agreement where Contractor shall pay the City's reasonable attorney's fees, 5 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees; or agents of the City. 59, SUCCESSORS AND ASSIGNMENTS The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City Commission approval shall be cause for the City to nullify this Agreement. The Contractor shall have no recourse from such cancellation, The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney before the approval of an assignment. The Contractor and the City each binds one another„ their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 60. THIRD PARTY :BENEFICIARIES Parties to this Agreement agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement, The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. Consultant's Inittafs City's Inflrals a.taU No.OG-:'fi2 61. JOINT PREPARATION- INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall Include the plural, and vice versa, unless the context otherwise requires, Terms such as "herein,' "hereof," "hereunder and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article, paragraph, or section where they appear, unless the context otherwise requires. 62. AMENDMENTS No modification, amendment, or alteration to the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the city Manager and Contractor. 63. SEVERABILITY In the event the any provision of this Agreement is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlaviful provision shall be excised from this Agreerrient, and the remainder of this Agreement shall continue in full force and effect. 64, ENTIRE AGREEMENT This Agreement, es it rnay be amended from time to time, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, written or oral, This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith, . Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach. The RFLI, RFI and the Submittals by the Contractor are hereby Incorporated by this reference made a part of this Agreement as if set forth In full. Where there is a conflict in any of the documents the latest document shall prevail and this Agreement shall prevail over all the documents Incorporated by reference 65. FUNDS AVAILABILITY Funding far this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (3O) days notice, ConsUllaars lnWals COniracl, No.05-2026 Page 20 of 24 City Projed, No. Et•t50643 Clly's Initials IN WITNESS WHEREOF, the parties have set their hands and seals en the day and year first above written, ATTEST: Priscilla A. Thompson, City Clerk. 63.V. ATTEST: APPROVED AS TO FORM AND CORRECT SS: Jorge(1. F r andez City i0` may "Gity" City Of Miami, a rnunicpa1 corporatlo G. Hernandez, P.E., City Manager "Contractor" , CH2M HILL Constructors, Inc, a DelawareCorporation By: TN Print Name: Todd Milne Title: SER Construction Man APPROVED AS TOxiPISURCE REQUIREMENTi5. LeeAnn Brehm Risk Management Administrator THE CITY REQUIRES THREE (3) FULLY -EXECUTED AGREEMENTS, FOR DISTRIBUTION, Convect NO, 05..2026 Consultanr5 iritaI& GiVs Page. 21 0124 ca? Prolocto.13,50643 EXHIBIT 1 INSURANCE REQUIREMENTS WAGNER CREEK AND SEYBOLD CANEL WATERWAYS DREDGING SERVCIES) 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 Darnage Liability Combined Single Lint Any Auto Including Hired, Borrowed or Non Owned Autos Any One Accident $ 1,000,000 Endorsements Required: City of Miami included as ari Additional insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation IV, Employer's Liability A. Limits of Liability Co sullant'sInWas CIty's IiiILI Page 22 of 24. oly Propct No, 0-506,11 contraci r-10.os-zo28 $1,000,000 for bodily Injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit V. Umbrella Policy ' A. Limits of Liability Bodily Injury and Property Damage lability Combined Single Limit $ 5,000,000 Each Occurrence $ 5,000,000 Aggregate $ 5,000,000 Note: Excess over CGL/Auto/Employer's Liability Vi Payment and Performance 3end 100% of construction value (required for Phase II only) VIL Contractor's Professional Liability/Error's & Omissions Limits of Coverage Each Occurrence $1,000,000 Aggregate $1,000,000 VIII. ENVIRONMENTAL AND IMPAIRMENT LIAR Limits of Coverage Each Claim Aggregate LITY $5,000,000 $5,000,000 Vill Marine General Liability, including coverage protection and liability in the amount of $1,000,000 IX. Jones Act coverage for captain and crew 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 rnaterlal change. The Certificates shall name tha City as additional insured. 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 less 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. Ali policies and /or certificates of Insurance are subject to review and verification by Risk Management prior to insurance approval. Cootcsal No, 0028 Consultant's Intlfals City's Initial Pogo 2 of 24 Proloct NO. R-00643 EXHIBIT 2 FINAL CERTIFICATE OF PAYMENT: PROJECT: PROJECT MANA ER: (name, address) BID/CONTRACT NUMBER: TO (City): CQNSTRUCT!ON MANAGER: AGREEMENT FOR: N TICE 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. Project Manager BY Date City -,--through the Directoryaccepts the work. s fully complete and Will assume full possession thereof at (Date), City of Miaml, Florida Ccn voct Na.03-2026 (Time) By Direc Consuftenrs Initials Page 24 of 24 CIty Praject U. N-50643 Date CityIn{ Wagner Creek Seybold Can Table A - Schedule of Values & Invoicing Amounts 7 Sid i#em £}es cript'ror+ Sid Toth Month 1 Est. Progress Pa meet `Month 2 Est. Progress Payment Month 3 Est. Progress Payment Mstritlt 4 Est. Progress Month. 5 Est. Progress i Yonth 6 sL Progress Payment Task 1 Project Area investigations Estimated Percant'Campete 5193 530 1t c1V 5100,635 62% $81,283 42% S'11,612 6ar yent Task 2 Topograptaio & 8athymetric Survey Estimat,piete $159,487 100% 12,759 6% 14,354 9° -132,374 89% iask3 Sediment Characterization Estimated Percent Compicta $258,810 100% 512,441 5% $10,352 4% $5g52 23% j 65% S7,7s4 3% Task 4 Corrective Aoiion Plan (CAP) Esi'mated Percent Complete 52 1,599 100% 84,640 40% $84,640 46°ic $42,319 Task 5 Perreparatlsn Estimated PetcenfCorYplefe 593,800 4t S75,040 $0°% 20Y $18,760 i�rcrje t Totals nerrant CGnpjpte 5917,226 700% $'1 8,335 14% i $1#359 12% 5203,522 22J 6252,867 28% $167,444 18% 20% $61,t1?s 7% •Plan AtespzaklElan Rtlat,Itt, • t ' f 2:4: or o t ',tot or, Ara ovookt c.* o +14opmeile 111A3vUditIlfttehatUtteltzVtie71 4 fr_Lvakte7Nitolln +.1•{51.4mtry r- tasitr$*CatectlYcrAdfttetPttor Wakt*PotrgtAgallottort 6 s L-----'. - — <Aqytw tselsliny DucurnittrIA „ „ a. Firoportd. 51 .nostulaaly Mockingx r 1 Ant 1 15 MT& v;v4 AtidSotorA telty Cortissict;) ArAri mass Itototwixf ; ••• • • iFtantraotrm. ; 1' • q" • • • • Pr" .1 •1••"•• ..••• • 144.14 • trAI, iroAstr/t14b it1Primswer1i torAti. afar 1' CION WdOritSt C5l5 StlybOld Cmut Summary Parrodtino Sthad.tg arr, -Er1V. Scope of Services Investigation CorrectiveAction Plan Prepara ion And Per Iting Services WAGNER CREEK/SEYBOLD CANAL Remedial Action Miami, Florida Prepared by: CH2MHILL Cothstructors, January 2, 2008 FINAL Contents Task 1 Investigation of the Project Area for the Purposes of Attaining Site Access .1-1 1.1 Site Access/Investigation Deliverables -___________ . . .. _ ... 1-3 12 Site Access/Investigation Assumptions ..13 1.3 Site Access/investigation Schedule 1-3 1.4 Site Access/Investigation Information Required Frain Others,...„.”1-3 Task 2: Topographic and Bathymenic Survey and Sediment Sampling of Wagner 'Creek 2.1 General Description of Work ... 2-1 2,4 Surveying and Sampling Means and Methods. 2-4 2.4,2 Topographic Survey 2.4.3 Hydrographic Surey 2-4 24.4 Sediment Sainpluig 2-5 2A .5 Mapping & Computing 25 Topographic/Bathymettic Survey and Sediment Sampling Deliverables ,..2-5 2.6 fopographic/ Bathymetdc Survey and Sediment Sampling Assumptions..2-6 2.7 Topographic/ Bathymetric Survey and Sediment Sampling Schedule .........2-6 2.8 Topographic/ Bathyrxtetric Survey and Sediment Sampling Information Requfred from Others Task 3: Performance of Sediment Charaderization 3-1 3.1 Sediment Characterization Deliverables 3,2 Sediment Characterization Assumptions ........---.......„ 3-3 33 Sediment Characterization Schedule 3-3 3.4 Sediment Characterization Information Required from Others 3-3 Task 4: Preparation of a Corrective Action Plan and Associated Documents..........,..4-1 4.1 CAP Preparation Deliverables . .4-4 4.2 CAP PreparattonAssurnptrnns 4-4 4.3 CAP Preparation Schedule — .4-4 4,4 CAP Preparation Information Required from Others Task 5: Preparation of Necessary Permits 5,1 Permit Preparation Dehveiables 5-2 5.2 Permit Preparation Assumptions 5.3 Permit Preparation Schedule 5,4- Permit Preparation Thfonrtation Required from Others.........., . . . Scope of Services This Scope of Services document includes an outline and description of the tasks included in Phase 1 (Assessment Plan, Design, and Permitting) of the Wagner Creek/Seybold Canal Sediment Dredging Project for the City of Miami, Florida, (It should be noted that Phase 1 of this project, as defined in this document, is different from Phase 1 as defined by the City of Miami in the January 22, 2007 Request for Additional Information.) The following is a summary of the tasks that we have identified for Phase 1 of this project, 1, Property ownership investigation of the project area (as defined below) for atiaining site access, 2. Performance of a topographic survey (Wagner Creek) and a bathymetric survey (Seybold Carta!) for determining/verifying sediment 1/011,13T1QO mid sediment distribution along the length of the project work area, 3. Performance of sediment characterization for determining sediment make-up and particle size, dewatering characteristics, and contaminant distribution along the length of the project work area. Waste profiles of the sediment will be developed in order to establish a baseline for post -cleanup sampling- and risk assessment, 4. Preparation of a Corrective Action Plan (CAP) consisting of sub -components described in Section 4. 5, Preparation of the necessary permits for this work including the Miami -Dade Department of Environmental Resources (DERM) Class 1. permit, the Florida Department of ElIvironmental Protection (FDEP) Environmental Resource Permit (EU) permit, and a U,S. Army Corps of Engineers (USACE) 404 permit Personnel to be used during this phase of the project are summarized inTable 1. Each of the tasks, and their subtasks, are described in more detail in the following sections. Project support may be provided by any member of the project team, — - TABLE1 Key Personnel company Name Tit Function Todd Milne CH2M HILL Project Director David Cole CH2M HILL Project Manager Russell Short CH2M HILL Aquatic Vegetation Specialist Rob Wright CH2M HILL Estimators Lonnie Reese Fernando cravallo CH2M HILL Miami Dada County Area ane Bill Priore CH2M HILL Planning Review c,opYFEOHT RY CH2 A H LL STRUCTORS, INC.+ COMPANY CONFIDENTIAL SCOPE OF SERVICES Name Company Title/FunctIon Rich Rathnow CH2M HILL Health and Safety Manager Pat San Pedro San Pedro Productions Public Relations Coordination John Sawyer Frank Sawyer ARC Surveying and Mapping, Topographic Survey Bathymetric Survey Sampling Roman Gustesi Santiago D. Echemendla TEW Cardenas, LLP. Access Agreements Legal Services/Review Arsenio Milan Drew Campbell Milan Swain ASSOC-. Data Collection Project Engineering Project Design CAP Drafts Permit Preparation Kathryn 'Kr Curtin Kathryn Curtin Manatee and other endangered speolas plan preparation and observation Alejandro Sarandrea George Munne American Earthmovers Sediment Removal/Material Handltng Constructability Reviews Marino Fernandez international Analytical Group Analytical Subcontractor Ramon Mijares Solna?) Distributors, Inc, Material Transportation Planning TBN CH2M HILL Office Clerical Theresa Rojas Eric Burrell CH2M HILL Quality Control Manager TBN CH2M HILL ProcUremantfContreks Al Bawdy CH2M HILL Project Controls . Nancy Ballantyno Llsa Schwan CI-12M HILL Regulatory Compliance Torn McSweeney CH2M HILL Senior Construction Review COPYAJGHT200S BY TORS. c�4PA Task 1. Investigation of the ProjectArea for the Purposes of Attaining Site Access A major element of this project will be accessing defined work areas along Wagner Creek and Seybold Canad starting from NW 2Q11 Street (identified as the start of Phase 1 by the City) to the end of Seybolcl Canal (identified by the City as the tenrtinus of Phase 4, where it deposits into the Miami River just West of the NW 7t1 Street Bridge), CH2_,N1 HILL will 'th=ont. outside legal counsel, a-(4-13N),City4Mianitattorney, ou public relations team partner (San Pedro Productions, and Milan Swain AstoCiatestb work through the issues associated with obtaining property access and'any required vessel relocation agreernents. This effort includes propox'tysearches and potential interviews With approimately95private property- owners and 4 City/County 'departments (see Figure 1). This effort also includes coordinating and conducting aninitial public meeting to discuss access and plannhig. The scope of services for this task includes the follOwing elements. A more specific description for our estimated lever of Effort (1,0E) for this task is shown irt Table 2, Re.seamhing and reviewing property ownership records and property deeds 0 Developing a General Access Agreement to gain access to private property for the purposes of perforating the seditnent Characterization sampling and construction (rernoval Of sediments) Identifying property owners that need to be co -applicants on the permits Obtaining lease agreements for any interim staging areas (if required) RevieWhig properties And owners requirirlg vessel,(b(boat) relocation, (SeyboldCanal) Developing a Vessel Relocation Agreement Obtaining agreement Atm vesselowners for relocation Coordinating and conducting a public meeting to present a project approach overview, discuss access issues, and accept/address public comments COPYR swr C ElYCII2M STRIJOTORS,1NC. qloMpANY CONFIfigtillAt. 1-1 TABLE 2 Initial Project Set-up, Kickoff, Key Plan Anticipated Resource Requirements TASK 1: INVE$TGA11ON OETHEPROJET AREA FOR THE PUR parat1o1i1 Property Ownerskip, and Deed Research Description of Effort ATTAINING SITE AC nager Initial project set-up, coordinate kickoff meetings, data, project contro , repo.rreport review, and submittal Prepare Statements of Work for all team subcontractors identify appropriate FDEP, DERM, and USAGE stakeholders and coordinate Initial meeting to discuss permit requirements Coordinate and manage all subtasks associated with this task Project Support Prepare Preliminary Health & Safety Plan that will provide minimum .health and safety protocols required for property access Project Engineer Attend kickoff meetings Collect and review all exiting data from city Compile list of all adjacent property owners, categorize by access status Prepare report and recommend actions to complete the work Attend follow-up meetings with property owners as necessary Publ7c Relations -Coordinator Attend kickoff meetings Prepare Draft Public Relations Plan to the detail required to galn access Coordinate public meeting to discuss entire project scope Prepare announcement regarding the scope of this effort Coordinate follow up meetings with property owners 'Prepare report and recommend actions to complete the work Attend follow-up meetings with property owners as necessary Contract Administrator Initial project set-up COntrect negotiation with subcontractors and continued pro uremont support required for this phase of the work Project Controts Cost and schedule tracking and updates Invoice preparation Legal Review Prepare flow -downs for inclusion in CH2M HILL subcontracts Review subcontracts and suggested changes from subcontractors Draft access agreement for review by City Attorney Coordinate review of terms and conditions with major landowners and city/county entitles Travel (Airfare, Hotel, Car Travel for Project Manager and other CH2M HILL personnel for Rentals) kickoff/coordination .meetings and onsite work (4 ea) Other Direct Costs (ODCs) Miscellaneous duplication, report assembly, and administrative supporttor the project 1.2 =Demi-a 2C08 BY CI LL CONSTRUCTORS, 1NC,, COMPANY CONFIDENTIAL 2. The City others, to inc FIGURE 1 Map of dredging Area Legend —j chy and County PropgtY ....._^ F oporiy Et4unda{Ips- Ratikmt'i.,vow. 3Das l 9 a.1eG6 ATI©N OF THE P tEGTI H1 P?R ittE i'i!E?POSES QF &TTir31hG Si E ACCESS provide access to all previous information developed for this project by Jude analytical, reports, and agreements already in place. LIMO SCALE Y:`fp; COPYRIGHT2Q BYCH2?A HILL EYCO F}DE-NT1AL Task 2: Topographic and Ba hymetric Survey and Sediment Sampling of Wagner Creek and Seybold Canal 2,1 General Description of Work is anticipated that a combination of conventional .and CPS survey methods will be ecessary tine to the tree/building canopy at some locations. Therefom CI-12M Hill will provide topographic/hydrograpilic surveys and seciiinent Strnplitirg to determine the quality, quantity and distribution of sediments in 'Wagner Creek and ybold Canal, In addition, debris in thelvateiway-locatedyisually or IT sounding techniques will be identified on rnaps. The subtasl<s envisioned -under this scope of work faskinclude the f011owi.ng: 2.2 Wagner Creek • Determine the locatim of sampling points along Wagner Creek. The length of creek involved irt this pioldet-ra-e-aStires approximately 6,850 feet. ltis-antiCipated that samples Will be collected eVery-200 feet along the creek, readting in approximately 34 sarnpliri.g locations. Logistical issues surrounding the potential requirement for vessel relocation/movement to allow the sampling work will be evaluated,. • Analyze samples and summarize sample results database and graphically. O OVide topographical survey of the tinderlying material along the creek using push tubes to determinerefasal point. Locate all bulkheads,- protected vegetative species, bridges, culverts, aid t.itilities (sanitary and storm sewer fines, water mains" gasiin, buried telephone lirtes, underground electrical conduits, etc,) along the creek. • Locate and cloctunent the present condition Of all existing structures (Le, docks, retaining walls, etc.). Provide volume calculations, tutd data and drawingS of the completed work in. CAW and. PUF formats, Data and draWitl8-WMillehldej .4,11,tt not h liinfied to, the locationsof benclunarks, sampling locations-, depihs'and locations of structures -along the Oraek. Information rail be provided insufficient detail to indicate intersecting streets and landmarks adjacent to the creek. 2,1 COPYRIGHT 2008 BY cazm Hitt coNsraucronS, INC CCMPAYQFffNI1AL 'TASK2 TOPORtPILCANO BATFiYHETRCUFIVEY AND SEV'NT SAMPLING OF ,/ANER CREEK AND SEYBOLD CANAL 2,3 Seybold Canal Provide GPS controls, single/multi-beam survey equipment, and penetrOrneterigrouncl penetrating radar (GPR) rnounted on watercraft for performance of surveys to identify debris and determine the volume of sediment, Determne-the.location of sampling-pointS'along Seybold Canti: approximately 2,250 feet in teilsiit It is alatkipated that soiiples wilt be collected every 200 feet along thelength of the -canat-resulting in approxiMately 11 sampling iodations: Provide GPR topography of the underlying rrtaterials alorkg the canal, Locate all bulkheads, docks, protected vegetative species, bridges, culverts, and utilities (sanitary and storm, sewers line, water mains, gas natas, burled phone lines, tmderground electrical conduits, etc) along the canal. Locate and document the present condition of all existing structures (Le. clOcks, retaining walls, etc.)„ Provide willow calculations, data, and drawings of the completed work in CA1)1) and PDF formats, Data and drawings will include, but not be limited to, the locations of benchmarks, sampling locations, and depths and locationsof structures along- the canal, Infonuation will be provided in sufficient detail to indicate intersecting streets and landmarks adjacent to the canal, All survey activities will be performed under the direct supervision of ARC Surveying and Mapping, ale,/ a Professional Surveyor and. Mapper licensed and in good standing with the State of Florida and shall -adhere to the State of Florida Minimum Technical Standards in 61(317-6 of the Florida Administrative Code (PAC), This task includes planning and executing the items listed above. A more spe description for this effort. is shown in Table 1 22 COPYRIGHT 208 DY cli2M 1111 MAISTRUCTORS, IO. COMPARY CONFick NOM. TASIC2: TO RAM IIC AND BAT SAMPLING OF WAGNER CREEK AND SEYBOLO CANAL TABLE 3 Topographic and Balhymetric Survey Anticipated Resource Requirements Description of Eff Project Manager Project Support Coordinate kickoff meetings with engineer and sun/ay/sampling subsontractor(s), project controls, data and report review, and submittal Prepare Statements of Work for all team subcontractors Identify appropriate FDEP, DERM, and LISACE stakeholders and coordinate initial meeting to discuss project requirements Coordinate and manage all subtasks associated wtth thls internally review elf sampling and survey data Prepare submittal copies, duplication, and graphic tasks Prepare Activity Hazard Anafysis (AHA) Amendment to Health & Safety P n Prepare Draft Biological AssessmentRvIltigation Plan Prepare Analytical QA/QC Plan (inc)uding chemical and physical properties analysis) Prepare Sampling end Analysis Plan ProjactEngne i Attend task coordination meetings Distribute pertinent data from City Review'data and comment Attend follow-up meetings as necessary SUN yo Attend kickoff meetings Review ail existing data from City Prepare survey and mapping plans Provide labor, equipment, end materials necesswy to complete topographic and bathymetris surveys of Wagner Creek and Seybold Canal Provide data review and calculations Prepare report and recommend other actions to complete the work Attend follow-up meetings as necessary Analytical Subconiractor Attend task coordination meetings Provide sampling services, containers, coolers, and chain of custody Coordinate analysis of samples (analytical and physical) Organize data and submit for inclusion in report Endangered Species Protection Prepare Draft Manatee Protection Plan Prepare Draft Endangered Species Monitoring and Protection Plan Contract Administ Contract negotiation with subcontractors and continued procurement sup ort required for this phase of the work COPYRIGHT RUCTORS, Ina • COMPANY CONFIDENTIAL 2•3 TASK I: INVESTIGATION OF THE PROJEC A PO E F ATTAINING SFTE ACCESS 1.1 Site Access/Investigation DeJiverabes 1. Draft Access Agreement 2, Approved Access Agreement Form 3. Draft Public Relations Plan 4, Preliminary Health & Safety Plan 5. Signed Access Agreements from adjoining landowner/entity 6. Signed Vessel Relocation Agreements 7. Summary report and maps for all agreements 8. Copies of Meeting Notes and Public Correspondence Two draft hard copies and one draft copy in electronic form for review and comment will be submitted for each deliverable. The electronic copy will be in Microsoft Word so that comments may be transmitted using track changes. Three copies of the final document and one electronic copy will be submitted for City files. The city's project manager will receive one hard copy and one electronic copy of each submittal, 1.2 Site Access/investigation Assumptions 1, CH2M PULL envisions three general meetings to obtain, site access agreements; one with the public, one with private and commercial property owners, and one with the government agencies (he., City, County, and State). 2. All necessary funding will be made available to perform this task for the entire length of Wagner Creek and Seybold Canal, 3. CH2M HILL assumes that only one access agreement will need to be obtained from the City to access all City -owned properties. 4, CH2M HILL assumes that only one access agreement will need to be obtained from the State -to access all -State-owned properties, 1,3 Site Access/investigation Schedule Site Access/Investigation is expected to take approximately two monthcomplete. 1,4 Site Access/Investigation Information Required From Others 1. The City will provide legal counsel for site/property access agreement review at no cost to CH2M HILL. COPYRIGHT 208 SY CH2M HILL CONSTRUCTORS. l. CaMPm 'FIDCNTIAL 1-3 TASK 2: TOPOGRAPHIC ANO BATIIY4 TRIC SURVEY AND SEDIMENT SAMPLING OF WAGNER CREEK AND SEY$OLD CANAL Anticipated Resource Description of !fft Requirements Project Controls Cost and schedule rokktacking and updates Invoice preparation Legal Review Review subcontracts arid suggested changes from subcontractors Travel (Airfare, Hotel, Car Travel for Project Manager and other CH2M HILL management forkickoff Rentals) and coordination meetings (I ea) ODC Mikellaneous duplication, report assembly, and administrative support for the project 2.4 Surveying and sarnpling Means and Methods 2.4,1 Control -Vertical control will be established at the jobsite from a City of Miami Benchmark located at the SW corner of 131hAvenue and NW 15th Street. Elevations will be referenced to National Geodetic Vertical Datiurt (NGVD) 1929. Horizontal control will be established at the jobsite in the State Plane Coordinate System, Florida East Zone, North American Datum of 1983 (NAD83) 2.4.2 Topographic Survey Topographic cross -sections will be collected at 150 foot station intervals along the waterway. Elevations will be collected to describe the intersection of water's edge with sheeting, bulkheads, docks, etc, and upslope to top of slope, Data will be collected using both conventional and DGPS methods in accordance with local, State and Federal regulations. 2.4,3 Hydrographic Survey Hydrographic cross -sections will be collected at 150 foot station intervals along the waterway when possible. Depths will be acquired through the use of a NaviSound 210 singlebeam depth sounder, operating at 200 kFiz, configured to Trimble DGPS positioning through Coastal Oceanographic flypack navigational and data processing software. In areas where depths are to shallow to accommodate a survey boat, depths will be acquired by wading and pole sounding. Depths will be converted to elevation from continuous tide or water level gages established at the jobsite. copysiorrce SVCN2 H !ICON 1X=TO S,ec coMPJt1Y COFDETlA 21 TASK; TOPOGRAPISIC AND RATHYLIET IC SURVEY AND SEOliA5141 SAMPLING OF WAGNER CRES ANO SEYROLD 2.4.4 Sediment Sampling Sediment samples will be collected at approximately 60 locations along the waterway at the apparent centerlines and toes of slope. Samples vi1i be collected by illartually pushing A clear plexiglass tube (equipped with Standard split spoon retainer) into the subsurface to refusal. The tubing will be withdrawn from the subsurface, sedfinents -measured, photographed and placed in plastic freezer bags fox delivery to soils laboratory Due to the rallmown nature of subaqueoirls sediments (compacted silts, clays, etc.), it inay be necessary to reUieve-san-iples using other approved methods, te.;,AribraCOre. 2.4,5 Mapping & Computing The results ,of survey data will be provided in. AutoCAD formats in both electronic and hard copy. Elevations cyf the pre -construct -km sinvey will be illustrated in plan view Anti in cross- sectim :format The pre -construction survey- will be compared to the sediment samples and a, quantity of sediments to be excavated developed. 24,6 Quality Control All surveys will be performed under the direct supervision of a professional surveyor, I.egistered in the State of Florida. Previous staveys pertained by others will be compared to the data collected under this contract to verify the qumtity and distribution of the sediment. 2.6 Topographic/Bathythetric S rvey and Sediment Sampling Deliverables Topographic/Bathymetric Survey and Seditnent Sampling Deliverables t Analytical QA/QC Plan (including chemical and physical properties .arisiysis) 2. Sampling and Analysis Plan (including BathyrnetriciTopographic equipment and procedures) 3. Quality Assurance Program Plan 4, Draft Biological Assessment/Mitigation Elan 5— Activity Hazard Analysis (ABA) Amendment to Health & Safety Plan 6, Draft Manatee Protection Plan 7. Draft Endangered Species Monitoring end Protection Plan OOPYRIORT po.6. SY C-1-0,i RILL CONSTRUCTORS, It� �eANY CONEIDtliTIA 2-5 TASK 2: TOPOGRAPHIC AND RATINMETRIC SURVEY AND SEDIMENT SAMPLING OF VIAGNEII GREEK AND SEYBQLO CA 8. CAW drawings showing top of sediment, limit of excavation, bulkheads, docics, bridges, protected vegetation, creek and canal location, and pertinent cross streets/landmarks 9. Volume calculations by remediation phase 10.S-taint-nary report outlining the recommended reinecliation approach and site restoration requirements for each rernediation phase of work 11. Copies of Notes and Correspondence from Public Meetings Two draft hard copies and one draft copy in electronic forrn for review and comment will be submitted for each deliverable, The electronic copy will be in Microsoft Word so that comments may be transmitted using track changes. Three copies of the final document and one electronic copy will be submitted for City files, The city's project manager will receive one hard copy and one electronic copy of each submittal. All drawings will be delivered in 24-inch by 36-inch and 11-inch by 17-inch size in AutoCAD and PDF format, both hard copy and electronic, 2.6 Topographic/ Bathymetric Survey and Sediment Sampling Assumptions 1. CH2M HILL envisions one public meeting at the end of this task to discuss findings and proposed plans. 2. All necessary funding will be made available to perform this task for the entire length of Wagner Creek and Seybold Canal (Phases 1-4 as defined by the City). 3. Fifty samples (45, plus 5 duplicates for quality assurance) are currently estimated for sediment characterization. 27 Topographic/ Bathymetric Survey and Sediment Sampling Schedule Topographic/Bathymetric Surveying and sediment sampling is expected to take approximately two months to complete. 2.8 Topographic/ Bathymetric Survey and Sediment Sampling Information Required from Others The City will provide access to all previous information developed for this project by others, to include analytical, reports, and agreements already in place. 2-6 COPYRIGHf 260 8Y CH2M HILL CONSTRUCTORS, Nc. OMPANY CONFrD5N21A Task 3: Performance of Sediment Characterization Based upon our review of the existing data and quantitio provided by the City in earlier documents, CI-I2M HILL is assuming there is approximately 22,000 cubic yards of recoverable sediment to be removed 16,000 cubic yards from Wagner Creek and 6,000 cubic yards from Seybold Canal). Previous sediment sampling and characterization efforts may not be sufficient to prepare the design documents required for this project; thus, CH2M HILL intends to perform additional sampling and characterization of the creek/ canal sedinients. Sediment samples will be taken and analyzed for preparation of the engineering design, for the environmental evaluations needed for successful acceptance of the CAP, and for determination of appropriate material handling and disposal options tknd requirements, in addition, we will perform some additional sediment characterization sampling to alleviate stakeholder concerns regarding contamination risks. Sampling transects will be spaced at 200-foot intervals over the total length (approximately 9,100 feet) of Wagner Creek and Seybold Canal, We will take 3 core samples at each transect and combine them into a single transect composite sample to characterize the sediments from bank to bank, yielding a total of 50 (45 plus 5 for QA/QC) samples that will be analyzed for the following constituents: TABLE Sediment Characterization AnaI.'t Methad Diaxin/Diberizofuran and Congeners 8200 TCLP Volatiles 82608 TCLP Sernivolatiles 4311/8270C FLPRO ----TCLP Metals_ 1311/601 /7 TCLP Pesticides 8081A TCLPHerbioldS 8151A PCBs 8082 8082 Corrosivliy 1010/1030 Paint Filter EPA 9095A Specific Gravity SM 2710F Percent Solids 160.3 Modified Particle Size ASTM 0422 Notes: TCLP ---•• Toxicity Characteristic Leachie Procedure COPYRIOK2 TRUOTO PAW 3-1 Table 5 provides a detailed description for this effort, TABLE 5 Sediment Characterization Anticipated Rcsour Requirements TASK 3;PERFORMANCE OF SEDIMENT eliARA.CTERIZATION Description of Effort Project Manager Coordinate task kickoff meeting, !Coordinate -QA/QC oversight pOordiriate.project schedule and-costoontrols and 'management of deliverables Prepare intemaland 'external progress reports poeyclinate..follow-upmeeting ,with.appropriate rogulatere a ad att�r stakeholders: to confirm task raqUirementa Coordinate:and rnanage:eil'eObtAsice essecieted with this task. - , Project Engineer Attend task kickoff meetings Collectand-review elljaberatery data:and resolls Prepare Field Sapling Roptirt, .0014,9130ty Review Report and.:' recommend actione to:complete the work Ana cal Subcontrado Obtain samples Ddiver samples to approved laboratory CopVirtele laberatqlY*IiVitieelor Setorid4for -sUbcontractere` 'cUrrert0 idended as-teyeto Trent LebOratoilee ($TL.)and:PrOfefelen-attervitet; Inc (PS1):(andytical -slut physic -at testing respeoliVely) Summarize reSitits for submiSsion to CH2M HILL Contract Administrator Contract negotiation wihaubcontraciom and continued procurerperit support required for this phase of the work Project .Controls Cost and schedule tracking and updates Invoice preparation 00C Miscellaneous duplication, report assembly, enci administrative support for the project 3.1 Sediment Characterization Deliverables 1. Field Sampling RepOrt, including databaSe and graphical representations of analytiCal results 2. Data 'Quality Review Report a._ AAA Arnendinent to Health & Safety Plan 4.Copies of Meeting Notes and Public Correspondence Two draft bard copies and one draft copy in electronic form for eview and comment will be submitted for each deliverable, The electronic copy will be in Microsoft Word so that comments may be transmitted using track changes, Three copies of the final $.2 cOpyglaNT2Cin BY 0112M HILL CONSTRUCTORS, IN 1 I' TASK PERFOIVANICE OF SEDIMENT CHARAC rEnizami document and one electronic copy will be submitted for City files. The city's project manager will receive one hard copy and one electronic copy of each submittal. All drawings will be delivered in 24-inch by 36-inch and 11-inch by 17-inch size in PDF, both hard copy and electronic. 3,2 Sediment Characterization Assumptions All necessaiy funding will be made available to perform this task for the entire length of Wagner Creek and Seybold Canal (Phases 1-4 as defined by the City). 3.3 Sediment Characterization Schedule Sediment characterization is expected to take approximately 1 month to complete. 34 Sediment Characterization Information Required from Others The City will provide access to all previous information developed for t ' project by others, to include analytical, reports, and agreements already in place, 3,3 COPYRIGHT 2008 BY CI OA HILL CONSTRUCTORS, INC.. OMPANY CONK:1E1471AL Task 4: Preparation of a Corrective Action Plan and Associated Documents The CAP is the primary document that will describe the technical and construction approach (i.e., design) for the project. Final acceptance and approval of the CAP by DEEM will be required in order to obtain the permits necessary to perform the construction phase of this project. CAP preparation will consist of the following sub -elements: Preparation of a Construction Work Plan (CWF), which will detail the proposed technical approach to the work along all phases of Wagner Creek and Seybold Canal, including the following; Sediment removal Sediment handling and containment Sediment clevvatering and solidification (including a treatability study) - Environmental control and protection + Water quality, including resuspension and turbidity controls + Air quality + Endangered species + Noise and odor controls • Spill prevention, control, and counter tres (SPCC) Dioxin and contaminant management Transportation and disposal Restoration (including bank stabilization, seawall restoration, revegetation, etc.) The Final Health & Safety Plan, which will include the AHAs associated with project remediation work in addition to those prepared during Tasks 2 and 3 The Final Public Relations Plan, which will include public relations activities that will occur during the remediation work • The Final Endangered Species Protection Plan (amended to include construction activities) The Final Manatee Protection Plan (amended to include construction activities) • The Final Biological Assessment/Mitigation Plan, which will detail specific mitigation activities A summary of the sediment characterization sampling an e sediment survey results COPYRIGHT CY CH2M HILL CON8Tf1UCTO TASK 4: PREPARAT1011 OF A CORRECTIVE ACTION KAN AN ASSOCIATED DCCUMENTS The CWP will provide specific details regarding the approach to site access locations, sediment removal„ dewatering and treatment material hartdlipg, transportation and disposal (including identification of traffic routes and A traffic control plan, dust and erosion control, etc,), and site restoration (including bank stabilization, seawall restoration, reVegetation, eta). Specific means and inethods of construction will most likely differ between the two sites. Work at Wagner Creek will involve mechanical removal of sediments by land -based equipment •for accessible lengths of the Wagner Creek and hydraulic/vacuum equipment for inaccwsible areas of Wagner Creek such as culverts, bridges, and restrictive channelized reaches of Wagner Creek, whereas work at Seybold Canal will involve mechanical and hydraulic removal of sediments by aquatic -based equipment The CWP will provide sufficient detail on each, The Final Health & Safety Plan will include the AHAs assoCiated With project remediation work in addition to those prepared during Tasks 2 and 3, It will notonly describe the health andsafety protocol to protect the site workers, but will provide details on the health and safety procedures that will be put inplace to protect the surrounding public; The plan will describe specific health and safety protocol for contaminated sediment material handling, dust control, etc, The Health & SafetyPlan will be prepared in accordance with 29 CPR 19.10,120. The -Final PublicRela dons PlinTwill-providednformation how Our team will proactively interact with the communities and coMmunity leaders -surrounding Wagner Creek -and- Seybold Carialto help Weal residents ,understandthe project and to gain public acceptance of -the proposed project approach. CH2M HILL recognizes that there are distinct socio- economic differences between the communities surrounding Wagner Creek and the communities and businesses. atotmd Seybold Canal,. Our Public Relations Plan will be struchireci to facilitate our interaction with -these commtmities in the most effective way, taking into consideration the socio-econondc information and identifying opportunities for local business and labor participation The Phial Endangered -Species-PrOtection Plan will include a description of the protective measures necessary to ensure that identified endangered species located in the project area are pot adversely impacted. The Pinal Manatee PI-otection Plan -will include a description of the protective measures necessary to ensure that the manatee population Iodated in the project area is not adversely impacted. CH2M. HILL has art exclusive agreement in place. with a recognized evert in this area, Ms, Kit Curtain, who will assist US in the preparation of this plan. The Biological Assessment/Mitigation Plan will address how we will protect, relocate, or re- establish specific vegetative species that may be affected during the execution ofAhe project, A summary of the.sedintent characterization study and the sediment survey will also be included as part of fhe CAR These items are intrinsically related to our execution plan for the entire prqect„ A more specific description for this effort is 6110W11 in Table 6, 44 COPYRIGKT 200-0 13? Cli231 11111 OONSTRUCTORG, INC.. OOMPAIV CONFIDERPAL TASK 4: PREPA OFA CORRECT)G1JM&TS TABLE 5 Corrective Acton Plan Preparation Anticipated Resource Description of Effort Requirements Project Manager Coordinate task kickoff meeting, projectontrols, data and report review, and submittal Coordinate preparation and submittal of the CAP Coordinate GAP dissemination to appropriate FDEP, OERM, and USAGE stakeholders; coordinate follow-up meeting to discuss changes to the CAP Attend follow-up meetings with property owners Coordinate and manage all subtasks associated with this task Prolsot Enginae Attend task kickoff meetings Collect end review all lab data and results Prepare and egeemble the Corrective Action Plan Prepare and submit the CAP Project Support Internal review of the completed CAP drafts Update Health & Safety Plan to include execution tasks developed in the CAP Estimator Prepare Engineer's tstlmate Public Relations Attend task kickoff meetings Update Public Relations Plan Coordinate public meeting to discuss CAP and execution soope Prepare announcement regarding the scope of this effort Coordinate follow-up meetings with property owners Prepare report and recommend actions to complete the work Contract Administrator Contract negotiation with subcontractors and continued procurement support required for this phase of the work Project Controls Cost and schedule tracking and updates invoice preparation Legal Review Legal review of CAP drafts Review access agreements and modify as necessary OM. Travel (Airfare, Hotel, Car Rentals) Travel for Project Manager and other CH2M HILL management for coordination meetings (2 ea) 00C Miscellaneous duplication, report assembly, and administrativesup the project, 4.2 COPYAIGHT2N8 OYCH2M H1 CONS JOT HS. INC. COMPANY CONNDENTIAL TASK 4: PREPARATION OF A CORRECTIVE ACTION PLAN AND ASSOCIATED MENTS 4.1 CAP Preparation Deily Wes Draft, Draft -Final, and Final CAP 2. Engineer's Estimate for the follow-on remediation phase of the project 3. Copies of Public and Other Meeting Notes, Public Correspondence, and Regulatory Meeting h/finutes Two draft hard copies and one draft copy in electronic form for review and cornnaent will be submitted for each deliverable. The electronic copy will be in Microsoft Ward so that comments may be transmitted using track changes, Three copies of the final document and one electronic copy- will be submitted for City files. The city's project manager will receive one hard copy and one electronic copy of each submittal. 4.2 CAP Preparation A.,sumptions 1. CH2M HILL has assiuned that the CAP will be 8ubmitted as a Draft, Draft -Final, and Final document (3 versions). Additional revisions (not due to art omission by CH2M HILL) are not included in this scope. 2. Ail necessary funding will be made available to perform this task for the entire length of Wagner Creek and Seybold Canal (Phases 1-4 as defined by the City). 3. CH2M HILL assumes that neither human health nor ecological risk assessments are required to obtain the appropriate permits and CAP approval. 4.3 CAP Preparation Schedule Preparation of the CAP (and related documents as described above) is expected to take approximately two months to complete. 4,4 CAP Preparation information Required from Others The City will provide access to all previous information developed for this 'Project by others, to include permits or draft permits, analytical, reports, and agreements already in place. COPYR ' BY CH2M ILL CONSTRUCTORS, INC, PANY CONFIDENTIAL 4.4 Task 5: Preparation of Necessary Permits Based upon our initial meetings with DERM regarding this project, CH2M HILL understands the following permits will be required in order to execute the work: ▪ DERM Class I peimit • USACE 404 Permit • FDEP ERP Permit It is understood that the requirements of the DERM. Class 1 permit are the approval/ acceptance of the CAP. We also understand from our meetings with DERM (held during the proposal preparation period) that gaining complete public acceptance of the project approach is essential for DERM to issue the Class 1 Permit, We have assumed a number of public, DERM, and interagency meetings (i.e., DEEM, MEP, and. LISACE); which will be necessary to expedite the issuance of the required permits as described below. A more specific description for this effort is shown in Table 7. TAKE 7 Preparation of Necessary Permits Anticipated Resource Requirements oscription of Effort Pro' Coordinate task kickoff meeting, project controls, data and report review, arid submittal Coordinate meetings with appropriate FDEP, DERM, and USACE stakeholders Coordinate and manage atl sublasks associated with this task Project Engineer Attend task kickoff meetings - Prepare Permit Request documentation Prepare reports and recommend actions to complete the work Attend feilow-up meetings with property owners as necessary Project Support Pay permit foes and submit permit applications Coordinate surety documentation Contract Administrator Contract negotiation with subcontractors and continued procurement support required for this phase of the work Project Controls Cost and schedule tracking and updates invoice preparation Legal Review CDC Legal review of permit applications Review access agreements and modify as necessary Miscellaneous duplication and report assembly COPYRIGHT 200$ NSTRUC RS, IKC. • COMPAOY CONFDENTIAL City of Miami Legislation Resolution: R-07-0482 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00827 Final Action Date: 9/11/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-86 AND 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR DREDGING SERVICES FOR SEYBOLD CANAL AND WAGNER CREEK, PROJECT B-50643, BID NO. 05-06-090; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CH2M HILL, INC., IN AN AMOUNT NOT TO EXCEED $1,000,000, CONSISTING OF $917,381, FOR THE WORK AND $82,619, AS THE OWNER'S CONTINGENCY; ALLOCATING FUNDS FROM CAPITAL PROJECT B-50643. WHEREAS, the Department of Capital Improvements Programs ("CIP") issued a Request for Letters of Interest ("RFLI") No. 05-06-090, for the purposes of soliciting competition to develop a short-list of firms for competitive negotiations to select the firm offering the most advantageous proposal for the assessment and dredging services for the Seybold Canal and Wagner Creek Project ("Project"); and WHEREAS, three firms submitted RFLI Proposals: CH2M Hill, Inc., Subaqueous Services, Inc., and Mario J. Faz, P.G.; and WHEREAS, CIP issued a Request for Information ("RFI") No. 05-06-090 to the three firms to obtain their project management plan to be utilized by CIP as the basis for the competitive negotiations; and WHEREAS, all three proposers provided their program management plans in response to the RFI and all three proposers were issued a Request for Additional Information to clarify their RFI submittals and prepare a fee proposal in order to begin simultaneous negotiations; and WHEREAS, competitive negotiations were conducted with all three firms; and WHEREAS, CH2M Hill, Inc., was determined to be the most responsive and responsible firm, capable of providing the complex scope of services needed for the long-term project; and WHEREAS, the City Manager has determined that CHM2 Hill, Inc., offers the City the most advantageous proposal based on a combination of experience, program management plan, quality and price; and WHEREAS, in the existing procurement code, this competitive negotiations procurement method is limited to the procurement of goods or services with a total value of under $50,000, therefore making it necessary to waive competitive sealed bidding procedures as provided in Section 18-86 and 18-89 of City of Miami Page 1 of 2 File Id: 07-00827 (Version: 1) Printed On: 6/24/2014 File Number: 07-00827 Enactment Number: R-07-0482 the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City Manager requests authorization to execute an Agreement with CHM2 Hill, Inc., in substantially the attached form, to provide for Dredging Services for Seybold Canal and Wagner Creek; and WHEREAS, funds for the Project are available under Capital Project B-50643, in the amount of $1,000,000; and WHEREAS, said findings of the City Manager have been duly considered and adopted by the City Commission; 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 if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's emergency findings, waiving competitive bidding procedures, pursuant to Section 18-86 and 18-89 of the City Code, approving the use of competitive negotiations for the purposes of negotiating an Agreement for Dredging services for the Project, are ratified, approved and confirmed. Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, with CH2M Hill, Inc., in an amount not to exceed $1,000,000, consisting of $917,381, for the work and $82,619, as the owner's contingency, with funds allocated from Capital Project B-50643. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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. City of Miami Page 2 of 2 File Id: 07-00827 (Version: 1) Printed On: 6/24/2014