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HomeMy WebLinkAboutBack-Up DocumentsMemorandum CH2MHILL CH2M HILL Constructors, Inc. 3750 NW 87th Avenue, Suite 750 Miami, Florida 33178 United States T +1.305.718.0599 F +1.305.718.8077 www.jacobs.com Subject Scope of Services for Sediment Project Name Wagner Creek/Seybold Canal Removal under Bridges/Culverts Miami, FL along Wagner Creek and Post - Construction Activities Attention Jose Lago, PE, CFM Project No. 650820CH From Daniel Tomczak Email daniel.tomczak@jacobs.com Date April 24, 2020 CH2M HILL Constructors, Inc. (a legal entity under Jacobs Engineering Group, Inc) is pleased to provide the City of Miami Office of Capital Improvements (OCI) with a general scope of work for the remaining dredging, construction, and support services for the Wagner Creek/Seybold Canal project (B-50643), Miami, Florida that will be included under the Florida Department of Environmental Protection (FDEP) State Revolving Fund (SRF) Loan Agreement #SW132000. The dredging and construction activities within Wagner Creek will begin following the approval of the Dredging Work Plan by Miami -Dade County DERM (estimated in May 2020) and approval by the City (of Miami) Commission. Scope of Work Services During Construction Sediment Dredging Activities and Oversight under Bridges/Culverts of Wagner Creek As part of the Wagner Creek/Seybold Canal restoration activities, sediment materials capable of being dredged were to be removed as established in the Miami -Dade County Department of Regulatory and Economic Resources - Environmental Resources Management (DERM) Class 1 Construction Permit (2008-CLI-PER-00248). However, specific condition #10 of the permit (2008-CLI-PER-00248) states: In areas where access limitations preclude the removal of contaminated sediments, an engineering control shall be implemented subsequent to dredging to prevent or minimize the potential residual risk and contaminant leaching. The engineering control plan shall be submitted to the DERM Pollution Control Division, and the Coastal Resources Section Compliance and Enforcement Group for review and approval prior to implementation. Engineering controls, such as backfilling/capping, matting, or removal, could be used should residual sediment material not be removed within the excavation limits of the Operational Sections of Wagner Creek and Seybold Canal. During the sediment removal activities in 2017-2018, the sediment materials under bridges and in culverts along Wagner Creek were not removed due to accessibility challenges, including under the bridges at NW 14th Avenue, NW 16th Street, NW 15th Street, and NW 11 th Street and the culverts under NW 14th Street and Highway 836 (Dolphin Expressway). Approximately 47,061 tons of sediment were removed from Wagner Creek and Seybold Canal during the 2017-18 field activities and an estimated 5,250 tons of sediment are remaining under the bridges and culverts. Therefore, Jacobs Engineering Group Inc. Enter Document No. via Document Properties CH2MHILL Memorandum Scope of Services for Sediment Removal under Bridges/Culverts along Wagner Creek and Post -Construction Activities approximately 10% of the total tonnage of sediment is remaining under the bridges and culverts within Wagner Creek. To address the engineering controls as discussed in the specific conditions of the permit, the City of Miami plans to proceed with removal of the remaining sediment materials under the bridges and in culverts along the length of Wagner Creek. The City of Miami anticipates that the of the sediment under bridges and culverts along Wagner Creek would be completed by June 2021. The engineering control plan (Dredging/Excavation Work Plan) for Wagner Creek still needs to be approved by Miami -Dade DERM. The period of performance of the SRF Loan Agreement #SW132000 would enable the City of Miami to complete the necessary planning and implementation of the engineering controls within Wagner Creek and Seybold Canal. Design -build services for the sediment dredging and construction activities would be provided by Sevenson Environmental Services. Engineering oversight, support services, and project management during the dredging activities would be provided by CH2M HILL Constructors, Inc. Services Post Construction Post -Dredge Surface Water Sampling and Reporting for Wagner Creek At the request of DERM (from the December 23, 2019 communication), the City of Miami will perform one (1) post -dredge surface water sampling event from select locations along Wagner Creek. The post - dredge sampling event will be conducted within 3 months after the completion of the proposed dredging activities from under the bridges and within culverts of Wagner Creek. A post -dredge surface water sampling plan modification (addendum to the DERM approved sampling plan dated July 2018) will be drafted and submitted to DERM for review and approval prior to mobilization for the sampling event. Surface water samples will be collected following the same procedures as the sampling during 2018-2019 and from locations OS1-US, OS1-DS, 0S2-DS, 0S3-DS, 0S4-DS, and 0S5-DS. Based on the results from the 2018-2019 sampling, surface water samples will only be analyzed for dioxins/furans. Similar to the reporting during the 2018-2019 sampling, a report summarizing the surface water results will be written and submitted to DERM for their review. Subcontractor (laboratory) costs and field expenses are included in the budget for this task. Sediment Sampling in Seybold Canal (OS-6) and Risk Assessment Revisions Per the request of DERM during the December 13, 2019 meeting, the City of Miami will perform confirmatory sediment sampling along Seybold Canal in support of modifying the draft risk assessment. The post -dredge surveying (transects) along Seybold Canal indicated that the 2017-2018 dredging within the canal went down to hard bottom. However, residual sediment may be present along the bulkheads and seawalls of Seybold Canal (OS-6) and will be sampled and submitted to a laboratory for analysis. A total of 8 sediment samples will be collected along the length of Seybold Canal (east and west sides) and analyzed for lead only. Once the sediment data has been received and reviewed, the draft ecological and human health risk assessments for Wagner Creek and Seybold Canal will be revised to include the new sediment data from OS-6. A risk assessment report (including both ecological and human health risk assessments) will be submitted to DERM for their review. Based on the results of the risk analyses the need for additional sediment removal or engineering controls within Wagner Creek and Seybold Canal would be discussed with DERM. Embankment Stabilization in OS-1 of Wagner Creek As discussed in Section 3.9 of the Corrective Action Plan Version 2 for Wagner Creek and Seybold Canal (August 2009), structures that are compromised or damaged during the sediment removal activities from Wagner Creek and Seybold Canal will be evaluated on a case -by -case basis for repair or replacement. Enter Document No. via Document Properties 2 CH2MHILL Memorandum Scope of Services for Sediment Removal under Bridges/Culverts along Wagner Creek and Post -Construction Activities Following the sediment removal activities within Wagner Creek, the City of Miami will proceed with the engineering design, permitting, and construction for the restoration and repair of the erosion control measures along the upstream sections of the embankments in OS-1 of Wagner Creek. The City of Miami will evaluate options of embankment stabilization within OS-1 of Wagner Creek that may include replacement of the articulating block or by placement of rip -rap. The embankment areas along OS-1 of Wagner Creek identified for repair or restoration are immediately south of the NW 20th Avenue bridge (see attached photos). Articulating block was previously placed along the embankment of this reach of Wagner Creek to provide erosion control measures, but portions of the block have fallen away and into creek. Continued erosion along the creek bank and sloughing of the articulating block into the creek will occur without proper engineered repairs or restoration. The City of Miami anticipates that the design, permitting, and construction for the embankment stabilization along the upstream section of OS-1 of Wagner Creek would be completed by July 2021. Planning, design, and permitting would be provided by CH2M HILL Constructors, Inc. on behalf of the City of Miami, and the embankment repair construction would be managed by the City of Miami. General Milestones The following schedule list general milestones for the work described in this scope of work. The schedule is based on the Wagner Creek dredging activities beginning in July 2020. However, the project start date is estimated and pending the approval of the Dredging Work Plan by DERM and the approval of the project by the City (of Miami) Commission. Any delays in the project start date would alter the other milestone dates accordingly. Services During Construction Dredging Work Plan approval by MDC-DERM May 2020 (estimated) Project Planning and Mobilization June 2020 (estimated) Sediment Dredging Activities under Bridges/Culverts and Oversight July — November 2020 Demobilization December 2020 Services Post Construction Post -dredge Surface Water Sampling and Reporting Feb — July 2021 Sediment Sampling in Seybold Canal and Risk Assessment Revisions Feb — July 2021 Design, Permitting, and Construction for OS-1 Embankment Stabilization June 2020 - July 2021 Project Close-out Activities July — December 2021 Enter Document No. via Document Properties CH2MHILL law Estimated Total Project Cost Memorandum Scope of Services for Sediment Removal under Bridges/Culverts along Wagner Creek and Post -Construction Activities The following table lists the (not to exceed) costs for each of the tasks described above: Sevenson Environmental Services $7,062,800 (mobilization/demobilization, planning/design, site preparation, dredging construction services, turbidity monitoring and manatee surveys, water treatment and waste management, project oversight, administration/outreach, general conditions) CH2M HILL Constructors, Inc. $654,150 (oversight/inspection of sediment dredging activities, post -dredge surface water sampling and reporting, sediment sampling and risk assessment revisions, design/permitting of embankment stabilization, engineering management and support, general conditions) Embankment Stabilization Construction in OS-1 (Wagner Creek) $275,000 (procurement, subcontractor fees, City oversight/inspection, project close-out) City of Miami Management Fees (5% of dredging construction costs) $353,140 (design management, general administration, construction management, project close-out) City of Miami Contingency (5% of dredging construction costs) $353,140 TOTAL: $8,698,230 Wagner Creek (OS-1) east embankment and Curtis Battery building immediately downstream of the NW 20th Avenue bridge (December 2018) Enter Document No. via Document Properties 4 CH2MHILL Memorandum Scope of Services for Sediment Removal under Bridges/Culverts along Wagner Creek and Post -Construction Activities Wagner Creek (OS-1) east embankment next to Curtis Battery building and west embankment — view looking upstream toward NW 20th Avenue bridge (December 2018). Enter Document No. via Document Properties 5 CH2M HILL Constructors, Inc. Oversight/Inspection of Dredging Activities and Post -Dredge Services Wagner Creek/Seybold Canal Restoration Project April 16, 2020 Task Description Qty Unit Cost Total 1 Construction Oversight of Dredging Activities in Wagner Creek (OS-1 to OS-5) 1 LS $ 465,621 $ 465,621 2 Post -dredge Surface Water Sampling in Wagner Creek and Reporting 1 LS $ 23,855 $ 23,855 3 Sediment Sampling in Seybold Canal and Risk Assessment Revisions 1 LS $ 45,487 $ 45,487 4 Designing and Permitting of Embankment Stabilization in OS-1 (Wagner Creek) 1 LS $ 39,000 $ 39,000 5 Engineering Management and Support 1 LS $ 80,187 $ 80,187 Total Cost: $ 654,150 FLORIDA DEPARTMENT OF Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 May 6, 2020 Mr. Emilio T. Gonzalez City Manager City of Miami 444 Southwest 2nd Avenue, loth Floor Miami, Florida 33130 Re: SW132000 — Miami Stormwater Best Management Practices Dear Mr. Gonzalez: Attached is a copy of proposed Amendment 3 to the City's State Revolving Fund loan agreement. The amendment provides the City additional time to complete design and construction activities. Ron DeSantls Governor Jeanette NuFiea Lt. Governor Noah Valensteln Secretary Please have the appropriate officials sign and seal two copies, and return them to us within three weeks at 3900 Commonwealth Boulevard, MS 3505, Tallahassee, Florida, 32399-3000. We will sign the documents and mail a fully executed original to you. If you have any questions about this amendment, please call Amber Douglas at (850)245-2915. Sincerely, c4120- Angela Knecht, Program Administrator State Revolving Fund Management AK/ad Attachment cc: Kristin LaCross — Angie Brewer & Associates, LC Steven C. Williamson — City of Miami STATE REVOLVING FUND AMENDMENT 3 TO LOAN AGREEMENT SW132000 CITY OF MIAMI This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF MIAMI, FLORIDA, (Local Government) existing as a local governmental entity under the laws of the State of Florida. Collectively, the Department and the Local Government shall be referred to as "Parties" or individually as "Party". The Department and the Local Government entered into a State Revolving Fund Loan Agreement, Number SW132000, as amended; and Loan repayment activities need rescheduling to give the Local Government additional time to complete design and construction; and Certain provisions of the Agreement need revision and provisions need to be added to the Agreement. The Parties hereto agree as follows: 1. Section 1.01 of the Agreement is amended to include the following definition: "Final Unilateral Amendment" shall mean the Loan Agreement unilaterally finalized by the Department after Loan Agreement and Project abandonment under Section 8.06 that establishes the final amortization schedule for the Loan. 2. Section 8.06 of the Agreement is deleted and replaced as follows: 8.06. ABANDONMENT, TERMINATION OR VOLUNTARY CANCELLATION. Failure of the Local Government to actively prosecute or avail itself of this Loan (including e.g. described in para 1 and 2 below) shall constitute its abrogation and abandonment of the rights hereunder, and the Department may then, upon written notification to the Local Government, suspend or terminate this Agreement. (1) Failure of the Local Government to draw Loan proceeds within eighteen months after the effective date of this Agreement, or by the date set in Section 10.07 to establish the Loan Debt Service Account, whichever date occurs first. (2) Failure of the Local Government, after the initial Loan draw, to draw any funds under the Loan Agreement for twenty-four months, without approved justification or demonstrable progress on the Project. Upon a determination of abandonment by the Department, the Loan will be suspended, and the Department will implement administrative close out procedures (in lieu of those in 1 Section 4.07) and provide written notification of Final Unilateral Amendment to the Local Government. In the event that following the execution of this Agreement, the Local Government decides not to proceed with this Loan, this Agreement can be cancelled by the Local Government, without penalty, if no funds have been disbursed. 3. Unless repayment is further deferred by amendment of the Agreement, Semiannual Loan Payments as set forth in Section 10.05 shall be received by the Department beginning on August 15, 2021, and semiannually thereafter on February 15 and August 15 of each year until all amounts due under the Agreement have been fully paid. 4. The items scheduled under Section 10.07 of the Agreement are rescheduled as follows: (2) Completion of Project design and construction is scheduled for February 15, 2021. (3) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than February 15, 2021. (4) The date for the certification required under Subsection 2.01(10) of the Agreement is hereby revised. The initial annual certification shall be submitted no later than May 15, 2021. Thereafter, the annual certification shall be submitted no later than September 30 of each year until the final Semiannual Loan Repayment is made. (5) The first Semiannual Loan Payment in the amount of $571,552 shall be due August 15, 2021. 5. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 This Amendment 3 to Loan Agreement SW132000 may be executed in two or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. The parties shall be entitled to sign and transmit an electronic signature of the Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary or Designee and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal_ The effective date of this amendment shall be as set forth below by the Department. Todd B. for CIT ' OF MIAMI thur Attest: , City Clerk Approved as to Insurance Requirements: 4SYae Anne -Marie Sharpe, Director, Risk Management Department iega V, City Manager Approved as to form and legal sufficiency: !/ Gr/r iZf�-f ly L i'f"GM;f. ey'6,4 Victo a Mendez,. City Attorney Approved as to Loan Documents: Sandra Bridgeman, Chief Financial Officer and Assistant City lVnager Erica Paschal, ('inance Director for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee 3 Date Carlos A. Gimenez, Mayor August 22, 2014 City of Miami c/o/ Daniel Alfonso, City Manager 2540 South Bayshore Drive Coconut Grove, Florida 33133 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1st Court, 6th Floor Miami, Florida 33136-3912 T 305-372 6567 F 305-372-6407 miamidade.gov CERTIFIED MAIL NO. 7004 0750 0001 9159 1816 RETURN RECEIPT REQUESTED Re: Miami -Dade County Class I Permit 2008-CLI-PER-0248: City of Miami — Maintenance Dredging located at Wagner Creek and Seybold Canal, Miami, Miami -Dade County, Florida. Dear Mr. Alfonso: The Department of Regulatory and Economic Resources, Division of Environmental Resources Management (DERM) has reviewed your request to extend the above referenced permit, which is scheduled to expire on January 14, 2015. Because there has been no substantial change in the environment at the location of the work authorized by the Class I Permit and pursuant to Section 24-48.9(2), of the Code of Miami -Dade County, the Department hereby grants an extension of time to perform the work until January 14, 2017. Please note that this letter must be attached to the original permit 2008-CLI-PER-00248 as evidence of this permit extension. The entire permit shall be kept on -site during any construction work. Should you have further questions or need additional information, please contact me at (305) 372-6549 or via email at hoppsc@miamidade.gov. Sincerely, Chrissy Hopps, ERPS Coastal and Wetlands Resources Section cc: Jose Lago, City of Miami Daniel Dietch, CH2M HILL Carlos A. Gimenez, Mayor December 7, 2012 City of Miami c/o Johnny Martinez, Manager 444 SW 2 Avenue Miami, Florida 33130 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1st Court, 6th Floor Miami, Florida 33136-3912 T 305-372-6567 F 305-372-6407 miamidade.gov CERTIFIED MAIL NO. 7004 0750 0001 9159 7566 RETURN RECEIPT REQUESTED Re: Miami -Dade County Class I Permit 2008-CLI-PER-00248: City of Miami — Maintenance Dredging located at Wagner Creek and Seybold Canal, Miami, Miami -Dade County, Florida. Dear Mr. Martinez: The Department of Regulatory and Economic Resources (RER) has reviewed your request to extend the above referenced permit, which is scheduled to expire on January 14, 2013. Because there has been no substantial change in the environment at the location of the work authorized by the Class I Permit and pursuant to Section 24-48.9(2), of the code of Miami -Dade County, the Department hereby grants an extension of time to perform the work until January 14, 2015. Please note that this letter must be attached to the original permit 2008-CLI-PER-00248 as evidence of this permit extension from RER. The entire permit shall be kept on -site during any construction work. Should you have further questions or need additional information, please contact Chrissy Hopps, ERPS, Coastal and Wetlands Resources Section at (305) 372-6549 or via email at hoppsc@miamidade.gov. Sincerely, rJ Chrissy Hopps, ERPS Coastal Resources Section cc: Jose Lago 25 di)/eri g Est 2 3 ay MIAMI•DIAD COUNTY Department of Environmental Resources Managemer Coastal Resources Sectio 701 NW 1st Court, Suite 40 Miami, FL 33136-391 305-372-657 Class I Construction Permit Permit Number: 2008-CLI-PER-00248 DERM Project Manager: Chrissy Hopps Issue Date: Expiration Date: 01/14/2011 01/14/2013 Permittee City of Miami c/o Tony E. Crapp Jr., City Manager 444 S.W. 2nd Avenue Miami, FL 33130 Contractor To Be Determined Bond/BBEETF Engineer Performance Bond: N/A Michael D. Halil, P.E. #58049 Mitigation Bond: N/A 904-777-4812 BBEETF Contribution: N/A THE ABOVE NAMED PERMITTEE IS HEREBY AUTHORIZED TO PERFORM THE WORK SHOWN ON THE APPLICATION AND APPROVED DRAWINGS, PLANS, AND OTHER DOCUMENTS ATTACHED HERETO OR ON FILE WITH THE DEPARTMENT AND MADE PART HEREOF, SUBJECT TO THE ATTACHED GENERAL AND SPECIAL CONDITIONS. Plans Entitled: MAP SHOWING A HYDROGRAPHIC & TOPOGRAPHIC SURVEY OF: WAGNER CREEK & SEYBOLD CANAL DADE COUNTY, FLORIDA FOR: CH2MHILL DADE COUNTY, FLORIDA WAGNER CREEK & SEYBOLD CANAL MIAMI, FLORIDA Date Signed and Sealed: 12/16/2010 Project Location: Wagner Creek and Seybold Canal, Miami, Florida Project Description: 1/14/2011 3:06PM Maintenance dredging of 46,041 cubic yards of sediment within Wagner Creek and Seybold Canal to be completed as follows: Operational Section 1 (between Operational Section 2 (between Operational Section 3 (between Operational Section 4 (between Operational Section 5 (between Operational Section 6 (between NW 20th Street and NW 14th Avenue) NW 14th Avenue and NW 15th Street) NW 15th Street and NW 14th Street) NW 14th Street and S.R. 836) S.R. 836 and NW 11th Street) NW 11th Street and the Miami River) Attachment A: Manatee Protection Plan THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 2008-CLI-PER-00248 Page: 1 of 9 Specific Conditions 1. The work authorized by this permit shall not commence until the name, address, telephone number, and license number of the contractor who will be performing the work has been submitted and written acceptance of the contractor by The DERM Coastal Resources Section Compliance and Enforcement Group has been issued. 2. A pre -work conference shall be held between the Contractor, a representative of the permittee, and DERM prior to the commencement of work under this permit. Said conference shall be requested a minimum of 14 business days prior to the commencement of work. Please contact the DERM Coastal Resources Section Compliance and Enforcement Group at (305) 372-6575 to schedule said pre -work conference. 3. The contractor shall provide notice to the DERM Coastal Resources Section Compliance and Enforcement Group at (305) 372-6575 a minimum of 14 business days prior to the installation of the manatee barriers. All work associated with the barrier installation, monitoring, and maintenance shall be consistent with the DERM- approved Wagner Creek Seybold Canal Manatee Protection Plan (Attachment A). Any proposed deviation from said plan shall be submitted in writing, reviewed, and approved by the DERM Coastal Resources Section Compliance and Enforcement Group prior to the start of work. 4. The contractor shall request an inspection by DERM within 24 hours of installation of any manatee barrier, and shall take any corrective measures necessary as determined by DERM staff. The manatee barriers must be approved by The DERM Coastal Resources Section Compliance and Enforcement Group prior to the commencement of dredging activities. 5. The contractor shall provide a minimum of 2 business days and a maximum of 5 business days notice to the DERM Coastal Resources Section Compliance and Enforcement Group at (305) 372-6575 prior to the commencement of dredging activities. 6. Prior to the commencement of dredging at each Operational Section, plans signed and sealed by a Florida P.E. depicting canal banks, bulkheads, and structures located adjacent to the dredge area shall be submitted to the Coastal Resources Section Compliance and Enforcement Group of DERM. The permittee and the contractor are responsible for ensuring that the dredging will not compromise the structural integrity of any canal bank, bulkhead, or other structures within the project area. 7. Prior to the commencement of dredging at each Operational Section, the contractor shall provide a methodology for the work, including the specific types of equipment to be used, identifying staging areas for all equipment, outlining a proposed timeline for the completion of work, and a contingency plan in the event any structures within or adjacent to the project area fail as a direct or indirect result of dredge operations. The methodologies are required to be reviewed and approved by the DERM Coastal Resources Section Compliance and Enforcement Group prior to the commencement of dredging. 8. The extent and components of the required water quality monitoring will be dependent on the equipment utilized for the project, the type and extent of contamination in the sediments, the methods of removal and handling of the dredge spoil, and the potential for downstream effects from the dredging activities. Prior to the commencement of any dredging activities, the contractor shall submit a Water Quality Monitoring Plan which shall be developed in consideration of the methods and equipment being employed. The monitoring plan shall be specific to each Operational Section of the project, and specify required sampling locations, parameters to be sampled, and sampling frequencies. The Plan shall be reviewed and approved by the DERM Coastal Resources Section's Compliance and Enforcement Group and the Pollution Control Division prior to initiation of any dredging activity. 9. Surface water samples shall be collected on a quarterly basis for a minimum of one year subsequent to the completion of dredging activities. The first sampling event shall be completed within thirty days after completion of dredging. A Post Dredge Surface Water sampling plan which shall include a representative number of sampling locations shall be submitted to DERM for review and approval prior to implementation. Work authorized by this permit may not commence until the post -dredge sampling plan has received written approval from the DERM Pollution Control Division. 1/4/2011 3:06 PM THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 2008-CLI-PER-00248 Page: 2 of 8 10. In areas where access limitations preclude the removal of contaminated sediments, an engineering control shall be implemented subsequent to dredging to prevent or minimize the potential residual risk and contaminant leaching. The engineering control plan shall be submitted to the DERM Pollution Control Division, and the Coastal Resources Section Compliance and Enforcement Group for review and approval prior to implementation. 11. Prior to installation of the "air curtain", the contractor shall submit a methodology for installation and maintenance of the "air curtain". Said methodology shall also include information on the method for securing the curtain in the proposed location, and any equipment required for installation. 12. The mouth of Seybold Canal shall be monitored for manatees prior to and during the installation and operation of the "air curtain". All monitoring shall occur in accordance with the requirements of Attachment A. If any aberrant or unusual manatee behavior in the vicinity of the "air curtain" is noted, or if the "air curtain" appears to serve as an attractant to manatees, or produces a situation in which there is an increased risk of manatee impact from the Seybold Canal dredge operation or boat/manatee collisions in the vicinity of the "air curtain" location, the "air curtain" will be removed and additional turbidity control measures will be implemented. 13. All work associated with maintenance dredging, including the dredge spoil handling, storage and disposal site, shall strictly conform to the Corrective Action Plan (CAP) approved by DERM on October 16, 2009, herein incorporated by reference. Any deviation from the CAP shall be submitted in writing, reviewed, and approved by the DERM Pollution Control Division, and the Coastal Resources Section Compliance and Enforcement Group prior to implementation. 14. All water and dredge spoil associated with the dredging shall be disposed of in accordance with all Federal, State, and local regulations, and the CAP approved by DERM on October 16, 2009. 15. Prior to the commencement of dredging, the contractor/permittee shall provide written approval to the Coastal Resources Section Compliance and Enforcement Group of DERM from a permitted wastewater treatment plant, indicating that their facility will accept the residual water (e.g. free dredge water, dredge run-off, collected water) associated with the dredging of Wagner Creek and Seybold Canal. There shall be no dewatering of the dredged material. 16. All reports or notices relating to this permit shall be sent to DERM Coastal Resources Section Compliance and Enforcement Group at 701 NW 1st Court, 6th Floor, Miami, FL 33136. 17. "Hotspot" areas for the purposes of sediment removal, management, and disposal shall be defined as the entire vertical column within an area extending, in both directions, from a sampling location with dioxin concentration above 1 parts per billion (ppb) to the nearest sample location with dioxin concentration at or below the 1 ppb threshold. Sediments removed from "hotspot" areas shall be processed and managed for disposal at an approved landfill outside the state of Florida (e.g. Emelle, Alabama). 18. The contractor shall be responsible for notifying the DERM Pollution Control Division at (305) 372-6700, the Coastal Resources Section Compliance and Enforcement Group at (305) 372-6575, and the City of Miami, within 24 hours of any pollutant spill or operational failure associated with the project. 19. This permit does not authorize any work other than maintenance dredging. Any additional work in, on, over, or upon tidal waters that may be necessary as a direct or indirect result of the dredge operations will require a Class I permit prior to commencement of said work. A Class 1 permit application is required to be signed by the fee simple property owner(s) of the location where the work will occur. 20. The permittee shall submit drawings (as-builts) signed and sealed by a Florida professional engineer of the post - dredge conditions to the DERM Coastal Resources Section Compliance and Enforcement Group within thirty (30) days of completion of each Operational Section. The drawings shall be in a format that will facilitate a direct comparison of the permitted activities and the work that was performed. 21. This permit specifically prohibits any non -maintenance dredging (i.e. removal of previously undredged limerock substrate). There shall be no use of equipment to break up the limestone substrate under the accumulated silt and sediment. Failure to comply with this condition shall result in enforcement action by the Department. In addition, the contractor and permittee shall be required to obtain all required Federal, State and local authorizations for non -maintenance dredging activities or restore the affected area within 60 days of DERM's THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 1/4/2011 3:06 PM 2008-CLI-PER-00248 Page: 3 of 8 determination that non -maintenance dredging has occurred. 22. Florida Administrative Code 62-302.300 for Outstanding Florida Waters and Miami -Dade County water quality standards as stipulated in Chapter 24-42(4) of the Code shall be met during dredging activities within the Biscayne Bay Aquatic Preserve (i.e. Seybold Canal). 23. Turbidity curtains shall completely enclose the work area and shall not be removed until turbidity levels within the enclosed area return to background levels. This permit authorizes the use of an "air curtain" turbidity control method to be used in conjunction with turbidity curtains as specified in Attachment A. If it is determined that the "air curtain" device does not achieve the turbidity control results expected, it will be removed, and alternate turbidity control measures will be implemented. 24. Turbidity shall be monitored twice a day, four (4) hours apart, during construction operations or whenever a turbidity plume is visible outside the area defined by turbidity control mechanisms. Turbidity shall be monitored both at the background and compliance locations and shall be measured and reported in Nephetometric Turbidity Units (NTU). 25. Turbidity may not exceed zero (0) NTU above background beyond the work area defined by the turbidity curtains within the Seybold Canal, and may not exceed twenty-nine (29) NTU above background beyond the work area defined by the turbidity curtains within Wagner Creek. If the turbidity levels exceed the above -referenced limits outside the work areas defined by the turbidity curtains, the following measures shall be taken: a) All work shall cease immediately. Operations shall not resume until corrective measures have been taken and turbidity levels have returned to background levels. b) The incident shall be immediately reported to the DERM Coastal Resources Section Compliance and Enforcement Group at (305) 372-6575 and documented in the logs and reports. When the allowable turbidity levels are exceeded at the edge of the mixing zone (as defined by the area within the turbidity curtain), additional compliance sampling shall be conducted. c) The contractor shall modify any work procedures that caused the violation, install additional turbidity containment devices, and repair or replace any non functioning turbidity containment devices. All turbidity curtains shall remain in place until turbidity within the curtains subsides. 26. The background location shall be 100 feet up -current from the project location, outside of any visible turbidity plume, taken at mid -depth. 27. The compliance location shall be immediately outside of the turbidity curtains surrounding the project, within the densest portion of any visible plume, taken at mid -depth. 28. Turbidity monitoring equipment and personnel trained to use said equipment shall be available onsite at all times during work that could generate turbidity. The contractor shall monitor turbidity levels in accordance with the criteria outlined in the specific conditions of this permit. 29. A summary of turbidity monitoring data shall be submitted to the Coastal Resources Section Compliance and Enforcement Group of DERM within one week of analysis with documents containing the following information: (1) permit number; (2) dates and times of sampling and analysis; (3) depth of water body; (4) depth of sample; (5) weather conditions; (6) direction of flow; (7) wind direction and velocity; (8) a statement describing the methods used in collection and analysis of the samples; (9) a map indicating the sampling locations; (10) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. 30. The contractor must contact the DERM Coastal Resources Section Compliance and Enforcement Group a minimum of 48 hours (2 business days) prior to the removal of any dredged material from the site. Removal of the material from the site prior to DERM's inspection shall constitute a violation of this permit and may result in enforcement action by the Department. 31. The contractor shall maintain all receipts/manifests for the disposal of the dredged material. Said documents shall be provided to DERM within 30 days of the completion of the dredging. 1/4/2011 3:06 PM THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 2008-CLI-PER-00248 Page: 4 of 8 32. In the event that any items or features of potential archaeological or historic significance are encountered during the course of this project, the contractor shall immediately cease and desist from further work and notify the Miami -Dade County Office of Historic Preservation (OHP) at (305) 375-4958. Work shall not resume until the find(s) are assessed by the OHP, and the OHP provides a written notice to proceed. The contractor and permittee shall allow representatives of the OHP to access the project area as necessary in order to conduct monitoring. 33. Since the Florida manatee occurs in the waters at and adjacent to the property, the permittee and contractor shall take measures to protect manatees during and after construction. Failure to comply with any of the below - listed measures may result in enforcement action by the Department. These measures shall include the following: a) All construction personnel shall be notified in writing of the possible presence of manatees in the area and the precautions that should be taken during the construction period. Copies of these written notifications shall be sent to DERM. b) All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and contractor will be held jointly responsible for any manatee harmed, harassed, or killed as a result of the construction activities. c) Temporary signs concerning manatees shall be posted prior to and during all in -water construction. Only awareness signs that have already been approved by the FFWCC shall be used. Each vessel involved in the construction shall display in a prominent location, visible to the operator an 8 1/2" x 11" temporary placard reading, "Caution Manatee Habitat Idle Speed/No Wake". In the absence of a vessel the placard will be located prominently adjacent to the issued construction permit. A second temporary 30" x 24" placard reading, "Caution Boaters" will be posted in a location prominently visible to water related construction crews. d) Turbidity control related devices (e.g. curtains, siltation barriers, etc.) shall be made of material in which manatees cannot become entangled. Said devices shall be properly secured, regularly monitored to avoid manatee entrapment, and shall not block manatee entry to or exit from essential habitat. e) All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in waters adjacent to the project. All vessels will follow routes of deep water whenever possible. f) All in -water construction activities shall cease upon the sighting of a manatee(s) within 50 feet of the project area. Construction activities will not resume until the manatee(s) has departed the project area. g) Any collision with or injury to a manatee shall be reported immediately to the "Manatee Hotline" (1-888-404- FWCC) and to the U.S. Fish and Wildlife Service, Vero Beach Office (1-772-562-3909), and to DERM (305- 372-6575). h) The contractor shall maintain a log detailing sightings, collisions, or injuries to manatees should they occur during the contract period. Following project completion, a report summarizing the above incidents and sightings shall be submitted to the Florida Department of Environmental Protection (FDEP), Marine Research Institute Office of Protected Species Research, 620 S. Meridian St., Tallahassee, Florida 32399- 1600; to the U.S. Fish & Wildlife Service, 3100 University Blvd., Jacksonville, Florida 32216, and to DERM within 60 days of project completion. 34. At least one person shall be designated as a manatee observer when in -water work is being performed. That person shall have experience in manatee observation, and be equipped with polarized sunglasses to aid in observation. The manatee observer must be on -site during all in water construction activities and shall advise personnel to cease operation upon sighting a manatee within 50 feet of any in -water construction activity. Movement of a work barge, other associated vessels, or any in -water work shall not be performed after sunset, when the possibility of spotting a manatee is negligible. 1/4/2011 3:06 PM THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 2008-CLI-PER-00248 Page: 5 of 8 35. The Director of DERM has agreed to waive the performance bonding requirements for the subject project provided that the City of Miami provides written proof of holding said bond with the contractor who will perform the subject work. Same shall be provided in writing and approved by the Coastal Resources Section Compliance and Enforcement Group of DERM prior to the commencement of any work. 36. (See general conditions). THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 1/4/2011 3:06 PM 2008-CLI-PER-00248 Page: 6 of 8 General Permit Conditions 1. This permit must be kept onsite during all phases of construction. 2. All work shall be performed in accordance with the above referenced plans and in accordance with the attached specific and general permit conditions. If a General Condition(s) conflicts with a Specific Condition(s) in this permit document, the Specific Condition shall be the controlling condition for work authorized by this permit. 3. This permit only authorizes the work described in page 1 under PROPOSED WORK. Any additional work in, on, over or upon tidal waters or coastal wetlands at the property shall require additional Class I approval. 4. Any deviation from the approved plans for this project shall be submitted in writing to, and approved by DERM prior to the commencement of this project. The contractor and the permittee shall take whatever remedial action is necessary to bring the project into compliance with the permit and approved plans upon determination by DERM that the structure is not in compliance with such. 5. DERM shall be notified no later than forty-eight (48) hours and no earlier than five (5) days prior to the commencement of the work authorized by this permit, unless otherwise noted herein. The permittee and/or contractor may notify DERM by calling (305) 372-6575 or by submitting the attached Notice of Commencement of Construction via hand delivery, U.S. Mail, or facsimile at (305) 372-6479. 6. Prior to performing any work, the contractor shall verify the location of all underground and overhead utility lines and verify that no utilities will be damaged by the work. Contact Sunshine State One -Call of Florida at 1-800-432-4770 or on the web at http://www.callsunshine.com/corp/before/submitting.html for locating underground utility lines. 7. The permittee and the contractor are hereby advised that under Florida law, no person shall commence any excavation, filling, construction, or other activity involving the use of sovereign or other lands of the State, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Florida Department of Environmental Protection (FDEP), until such person has received the required authorization for the proposed use from the Board of Trustees or FDEP. If such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense pursuant to the Florida Administrative Code. 8. The permittee and contractor shall obtain all required approvals from all local, state and federal agencies prior to performing the work authorized by this permit. 9. All work authorized by this permit shall be performed by the contractor and/or subcontractor holding an applicable certificate of competency and shall be licensed in Miami -Dade County to perform such work. Any work that is subcontracted shall require that the permittee and contractor (i.e. the contractor listed on this permit) notify the project manager at DERM at (305) 372-6575 or by facsimile at (305) 372-6479 a minimum of seventy-two hours prior to the subcontractor performing any work. Notification shall include the name of the subcontractor performing the work, the subcontractor's Miami -Dade County license number or state general contractor license number, and scope of work. 10. The contractor shall take all necessary precautions to prevent construction or demolition debris from falling into the water or adjacent wetlands. Any debris that falls into the water and/or adjacent wetlands shall be removed immediately. Construction and demolition debris shall be disposed of in accordance with all federal, state and local regulations. 11. Turbidity controls (such as, but not limited to, turbidity curtains) shall be implemented whenever visible plumes are present to ensure compliance with the water quality standards stipulated in Section 24-42(3), of the Code of Miami -Dade County. Turbidity controls shall be employed and maintained in the most effective manner possible to prevent turbidity from extending beyond the control mechanism in place. 12. Turbidity may not exceed twenty-nine (29) Nephelometric Turbidity Units (NTU's) above background beyond fifty (50) feet from the point of discharge. Turbidity levels shall be monitored continuously when turbidity plumes are visible beyond a fifty (50) foot radius of the point of discharge. If the turbidity levels exceed the above standard, all construction shall stop and additional turbidity controls shall be implemented. Work shall not resume until the contractor has implemented adequate turbidity control methods and has received authorization from DERM to recommence work. At THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 1/4/2011 3:06 PM 2008-CLI-PER-00248 Page: 7 of 8 DERM's discretion, turbidity samples may be required and shall be collected in accordance with Section 24-44.2(3), of the Code of Miami -Dade County, or as specified by DERM, and the results sent directly to the DERM Project Manager on a weekly basis. 13. If any work or activity associated with this project is to take place in navigable waters, the contractor shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collision with manatees. All vessels associated with the project must operate at "Idle Speed/No Wake" at all times while in water where the draft of the vessel provides less than a four (4) foot clearance from the bottom. Additionally, all vessels will follow routes of deep water whenever possible. All in -water construction activities shall cease upon the sighting of a manatee(s) within fifty (50) feet of the project area and will not resume until the manatee(s) has departed the project area. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" (1-888-404- FWCC), the U.S. Fish and Wildlife Service, Jacksonville Field Office (904) 791-2580, and DERM (305) 372-6854. 14. The contractor shall ensure that all vessels associated with the construction shall operate within waters of sufficient depth so as to preclude bottom scouring or prop dredging and shall maintain a minimum of one (1) foot of water between the vessel bottom and submerged aquatic resources. 15. The contractor shall ensure that there are no impacts to seagrass, hard corals, or soft corals as a result of construction operations, such as, but not limited to, propeller scouring; and vessel or barge anchoring, grounding or spudding. The marine contractor and permittee shall be held jointly liable for any of these unauthorized impacts. For any impacts caused by the construction operation, DERM shall require, at a minimum, restoration and mitigation. 16. For the purposes of this permit, "vessel" is herein defined as any craft designed to float or navigate on water, including but not limited to: sailboats, powerboats, rowboats, boats, ships, skiffs, houseboats, personal watercraft and inflatable boats. 17. Pursuant to Section 24-48.10, of the Code of Miami -Dade County, the work or structures authorized under this permit shall be privately maintained by the applicant, his successors and assigns. Whenever, in the opinion of the Director of the DERM, said work or structures are not maintained in such a manner so as to prevent deterioration to the extent that they become a hazard to the public or to navigation, or create an obstruction of flow, or prevent access for drainage maintenance purposes, or may damage adjacent property, then the owner is required to perform any necessary remedial work. 18. Unless otherwise authorized in this permit and pursuant to Section 24-48.24 of the Code of Miami -Dade County, the installation or construction of non -water -dependent fixed structures (i.e. covered structures, canopies, helicopter pads, commercial signs, etc.) is prohibited in, on, over or upon any of the tidal waters of Miami -Dade County and constitutes a violation of this permit. Failure to comply with this condition may subject the permittee to enforcement action without further warning. 19. The time allotted to complete the work for which this permit has been issued shall be limited to the period stipulated on the permit unless the permittee requests an extension of time from the Department in writing at least thirty (30) days prior to the date of permit expiration. Applications for extensions of time that are not timely filed pursuant to Section 24- 48.9(2)(b), of the Code of Miami -Dade County will be returned to the applicant. 20. An Application for Transfer of a Class I Permit may be filed with DERM at any time prior to the transfer of property ownership up to 120 days after the date of transfer of fee simple ownership of the property that is the subject of the permit. The Application for Transfer must be signed by both the transferee and transferor. Applications for Transfer shall be filed in the form prescribed by DERM and shall not be processed if the filed Application for Transfer is not fully complete in all respects pursuant to Section 24-48.18, of the Code of Miami -Dade County within 120 days of the date of transfer of property ownership. 21. If the project involves construction, replacement, or repair of a seawall, the new seawall cap shall be a minimum of six (6) inches above the final grade of the uplands immediately adjacent, and in order to prevent positive drainage of stormwater into the waterway, all uplands immediately adjacent to the new seawall shall be graded away from the waterway. 22. A performance and/or mitigation bond may be held to ensure compliance with the aforementioned conditions and the completion of any required mitigation. Failure to comply with any of these conditions may result in the revocation by Miami -Dade County of all or a portion of the bond without further notice. 1/4/2011 3:06 PM THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 2008-CLI-PER-00248 Page: 8 of 8 THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION 1/4/2011 3:06 PM 2008-CLI-PER-00248 Page: 9 of 8 Wagner Creek Seybold Canal Manatee Protection Plan FINAL MANATEE PROTECTION PLAN 1.0 INTRODUCTION The West Indian manatee was listed as an endangered species by the Florida Fish and Wildlife Service (FFWS) on June 2,1970. This species habitat range is rivers, estuaries, and coastal areas of subtropical and tropical areas. The West Indian manatee is a herbivore that migrates to warmer waters during the colder months. In Florida, most migrate south during the winter and congregate mainly in estuaries and canals. They prefer brackish over marine environments. The present distribution of the West Indian manatee includes the coasts and rivers of Florida, the Greater Antilles, eastern Mexico and Central America and northern and eastern South America. A critical habitat was established for the West Indian manatee in 1976. It includes Biscayne Bay, and all adjoining and connected lakes, rivers, canals, and waterways from the southern tip of Key Biscayne (FFWS, 1999). During sampling events for Wagner Creek and Seybold Canal it was noted that Manatees frequent both the creek and canal. During the June/July 2008 sampling event, Manatees were sighted up to the NW 15th St. Bridge (adjacent to University of Miami Hospital). During the May 2009 sampling event, Manatees were sighted between the NW 14th Ave./NW 17th St. bridges (adjacent to VA Hospital). There is anecdotal evidence that Manatees have been sighted as far northwest as the NW 20th St. Culvert. Because of the above, Manatee protection will be a daily concern during the dredging of Wagner Creek and Seybold Canal. The following are key issues to Manatee Protection during the work. • Mechanical dredging will be utilized to remove the sediments. A manatee watch will be required to minimize the possibility that manatees will be adversely impacted by dredge operations. • Control of water quality (turbidity) may require the use of multiple turbidity curtains during dredging. Protective actions will be required so the turbidity control measures do not adversely impact manatees. The following manatee protection measures will be implemented to avoid potential impacts to manatees during the Wagner Creek and Seybold Canal project construction. 2.0 MANATEE PROTECTION MEASURES 1. All personnel associated with the project activities shall be instructed about the presence of manatees and manatee speed zones in the project area and the need to avoid collisions with, and injury to, manatees. Final 12-15-10 1 Wagner Creek Seybold Canal Manatee Protection Plan 2. The dredge construction will begin at the North end of Wagner Creek. For Manatee protection during dredging activities in Wagner Creek, chain link fence barriers (Manatee Barriers) will be installed across the channel south of the construction area to prevent manatee access into the dredge area. Sketches showing typical design features and locations of manatee Barriers can be found in Attachment D-1 and Attachment D-2 to this plan. Manatee Barriers will be located south of the dredging activities and be designed to; a. Extend to the sediment/water interface b. Match the contour at the sediment/water interface as well as shoreline contours up to at least one (1) foot above the High/High Waterline. c. Prevent Manatee movement north of the barrier and avoid manatee entanglement in the barrier. Before installation of a manatee barrier, inspection of all areas north of the barrier location will be performed to confirm that Manatees are not present north of the proposed barrier location. If Manatees are sighted north of the proposed barrier location they will be allowed to leave on their own volition before the barrier is installed. Manatee Barriers will be installed by the dredging contractor at least two days prior to commencement of dredging activities north of the barrier and during the two days the area will be monitored to ensure no manatees are trapped north of the barrier. Once installed, Manatee Barriers will remain in place until dredging north of the barrier is complete. Each day before dredging begins areas north of the barrier will be inspected by Manatee Watch personnel to determine if Manatees have moved north of the barrier. If Manatees are sighted north of the barrier, the barrier shall be opened so the manatee is able to leave the construction area on its own volition. The barrier will then be reinstalled as described above as well as modified to prevent manatee movement north of the barrier. Each morning the manatee barrier will be inspected to insure that no manatees are entangled in the barrier and there are no access points for manatees into the work area along the bottom, sides or over the top of the barrier. If a manatee becomes entangled in a manatee barrier the Florida Fish and Wildlife conservation Commission should be notified immediately at 1- 888-404-FWCC. 3. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. 4. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 5. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Expect as described in number 2 above, siltation or turbidity barriers must not impede manatee movement. Final 12-15-10 2 Wagner Creek Seybold Canal Manatee Protection Plan 6. All on -site project personnel are responsible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatees) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. 7. At least one person shall be designated as a manatee observer when in -water work is being performed. That person shall have experience in manatee observation and be equipped with polarized sunglasses to aid in observation. The manatee observer must be on site during all in -water construction activities and will advise personnel to cease operation upon sighting a manatee within 50 feet of any in -water construction activity. 8. Movement of a work barge, other associated vessels, or any in -water work shall not be performed after sunset, when the possibility of spotting manatees is negligible, or at other times when observation becomes ineffective (e.g., in cases of rain, fog or limited visibility. 9. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida. 10. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water -related activities. 11. The permittee shall ensure that the contractor maintains a log detailing sightings, collisions, or injuries to manatees should they occur during the contract period. Within 30 days following each event, the logs and a report summarizing incidents and sightings shall be submitted to the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section at: ImperiledSpecies@myfwc.com. 12. Air Curtain technology as a turbidity control methodology will be tested at the confluence of the Seybold Canal and the Miami River. It is not known how manatees may react to air bubble emissions. Manatees may be attracted to bubbles associated with the aeration activity possibly increasing the number of manatees near the dredge operations and at a location in the Miami River where the risk of boat/manatee collisions is already high. Because the manatee attractant characteristics of the proposed are curtain are unknown, manatee protection measures in association with this technology are required. Monitoring of manatee use and behavior at the air curtain site and the site vicinity shall be conducted by an independent third party approved by Miami -Dade DERM, the Florida DEP and the FWC Imperiled Species Management section (ISM). Approval for the observers shall be obtained prior to installation of the device. Prior to installation, observation for manatees in the Final 12-15-10 3 Wagner Creek Seybold Canal Manatee Protection Plan area must occur on at least seven (7) days. After installation, observation must occur at least twice a day, once in the a.m. and again in the p.m., for no less than thirty minutes per observation when the air curtain is in operation. Manatee monitoring reports describing manatee presence, absence, behavior and location in relation to the device shall be submitted by email to FWC ISM on a weekly basis to ImperiledSpecies©myfwc.com. If any aberrant or unusual manatee behavior in the vicinity of the device is noted, or if the device appears to serve as an attractant to manatees, or produces a situation in which there is an increased risk of manatee impact from the Seybold Canal dredge operation or boat/ manatee collisions in the vicinity of the air curtain location, the device will be removed and other turbidity control measures will be implemented. If the Miami -Dade DERM and the DEP determine that the device does not achieve the turbidity control results expected from the device, it will be removed and other turbidity control measures will be implemented. Final 12-15-10 4 Attachment A Final References to "Manatee" in CAP 2 body FINAL- REFERENCES TO "MANATEE" in CAP2 body Please also see Manatee Protection Plan Update (12-15-10) REFERENCES in CAP2 This Work Plan addresses the need to minimize water volume generated during dredging operations, the management of water collected during dredging, and water quality controls to be implemented during the dredging activities. Finally, it describes the procedures to be implemented for endangered species protection (manatees) and structure protection during the dredging activities. [p. 2-1, Sec. 2.1] Most areas of Wagner Creek and Seybold Canal are frequented by manatees (Section 3.5.8). A Manatee Watch will therefore be onsite at all times during the work. As discussed in the following sections, turbidity barrier design will account for turbidity control while generally allowing access for manatee movement. During Wagner Creek dredging, Manatee Barriers will be utilized to limit Manatee movement into the dredging area. Design and use of Manatee Barriers will be as described in Appendix D, Manatee Protection Plan. [p. 3-17, Sec. 3.5.2] The primary water quality controls to be implemented during Wagner Creek dredging will be turbidity barriers and monitoring. Turbidity barriers will be installed and maintained both upstream and downstream of the active dredging area. Turbidity barriers for Wagner Creek will be solid construction and will be designed to minimize the potential for manatee entanglement. Figure 3-14 shows a typical barrier design. Wagner Creek is narrow (20 ft to 35 ft) and shallow (2 ft to 4 ft deep in un-dredged areas). Turbidity barriers used in Wagner Creek will be designed to extend side to side and to the surface of underlying material. It is envisioned that a typical downstream barrier will be 25 ft wide x 4 ft deep. A typical upstream barrier will be 25 ft wide x 8 ft deep. Turbidity barrier configuration for Wagner Creek dredging will depend on the following factors: 1. Dredging Configuration - Turbidity barrier configurations will be different when dredging to land based containers (WRCs) than when dredging to floating containers. An example of each configuration is shown in Figures 3-15 and 3-16. 2. COPC Concentrations - Portions of OS-1 exhibit elevated concentrations of TEQ (> 1 ppb). Monitoring, dredging production, and turbidity barriers will be configured to maintain turbidity levels at the compliance point stipulated by the permits. 3. Manatee Movement - Areas north of the active dredging area will be checked for manatees and monitored in accordance with the requirements outlined in Appendix D, Manatee Protection Plan. 4. Turbidity Monitoring Results - A Hach® 2100P (or equivalent) Portable Turbidity Meter will be utilized onsite to constantly check turbidity levels. These measurements will be used in the field to aid in selecting the number and proper placement of turbidity barriers. Dredging in Wagner Creek will progress slowly (30 to 50 ft/day). Wagner Creek is tidal, so both upstream and downstream barriers will be required. [p. 3-18, Sec. 3.5.2.1] All barriers will be removed at the end of each work day once turbidity levels are at or below the compliance point stipulated by the permits. [p. 3-19, Sec. 3.5.2.1] Turbidity barrier configurations for Seybold Canal dredging will depend on the following factors: 1. Dredging configuration - Turbidity barrier configurations for Seybold Canal will be installed to control turbidity while dredging to floating containers. 2. COPC Concentrations - There are no elevated TEQ areas in Seybold Canal. Monitoring, dredging production, and turbidity barriers will be configured to maintain turbidity levels at the compliance point stipulated by the permits. 3. Manatee Movement - Areas north of the active dredging area will be checked for manatees before barriers are deployed and monitored in accordance with the requirements outlined in Appendix D, Manatee Protection Plan. 4. Boat Access - Seybold Canal connects to the Miami River and therefore allows water access for small craft. There are many pleasure craft and small fishing vessels that use Seybold Canal for mooring. Boats will be moved to allow access to the immediate dredging areas. Access to areas north of the dredging will be allowed during non -work hours. 5. Turbidity Monitoring Results - A Hach® 2100P (or equivalent) Portable Turbidity Meter will be utilized onsite to constantly check turbidity levels. These measurements will be used in the field to aid in selecting the number and proper placement of turbidity barriers/lle Air Curtains. [p. 3-19, Sec. 3.5.2.1] Dredging in Seybold Canal will progress at approximately 20 - 30 ft/day. As the dredging progresses toward the mouth of Seybold Canal, turbidity controls will become critical. For this reason, turbidity barriers will be installed and maintained both upstream and downstream of the active dredging area and an Air Curtain will be installed at the mouth of Seybold Canal. Turbidity barriers for Seybold Canal will be solid construction and will be designed to minimize the potential for manatee entanglement. [p. 3.20, Sec. 3.5.2.2] Manatee protection will be a daily concern during the dredging of Wagner Creek and Seybold Canal and will be monitored in accordance with the requirements outlined in Appendix D, Manatee Protection Plan. A Manatee Protection Plan is presented in Appendix D. [p. 3.23 , Sec. 3.5.8] The following summarizes the biological assessment findings: • 238 instances of flora and fauna were observed along Wagner Creek and Seybold Canal. • 39 species of trees, plants, and vines were observer, none of which are federally Listed as Threatened or Endangered Species. • 15 wildlife species were observed. Two are considered Species of Special Concern by the Florida Fish and Wildlife Conservation Commission (FFWCC) and one is listed as Endangered by the USFWS. Species of Special Concern: ➢ Tricolored Heron (Egretta tricolor) > White Ibis (Eudocimus albus) Endangered Species: > West Indian Manatee (Trichechus manatus) This investigation revealed that the project area consists only of disturbed lands and urban areas. It does not offer a high quality habitat to floral or faunal species. Standard precautionary measures will be employed during the construction phase of the project to protect the tricolored heron, white ibis, and West Indian manatee (Manatee Watch). Therefore, no significant impacts to federal, state, or locally listed species are anticipated as a result of this project. [p. 4.1, Sec. 4] Attachment B Final Figure D-1 Typical Manatee Barrier TYPICAL MANATEE BARRIER FIGURE D-1 12 in Rip -Rap ifT END POST Typical (In Concrete Block or Driven) Sediment High/High Water Line Concrete Block INTERMEDIATE POST Typical (In 150# Concrete Block) Post Cap Typical SEDIMENT/NATURAL SOIL NOTES � INTERFACE 1. Installed at least 50 ft downstream of last Turbidity Barrier 2. Must be inspected, cleaned of all trash and repaired daily 3. Standard Chain Link Fencing with bottom sections that match the contour at the sediment water interface as well as shoreline contours up to at least 1 ft above the High/High water line. Bottom sections shall be secured with rip -rap boulders. or similar materials, to prevent manatee entanglement or entrapment. 4. The manatee barrier shall be monitored at least once in the morning for manatee entanglement or entrapment, and to insure there are no access points for manatees into the work area along the bottom, sides or over the top of the barrier. If a manatee becomes entangled in the Manatee Barrier, the Florida Fish and Wildlife Conservation Commission should be notified immediately at 1-888-404-FWCC. 5. Area north of Manatee Barrier to be inspected each day and prior to installation to ensure no manatees are trapped north of the barrier. If a manatee becomes entrapped north of the manatee barrier in the construction area the barrier shall be opened so the manatee is able to leave the construction area on its own volition. 6. Regulators to be notified if Manatee is sighted north of Manatee Barrier . 2YF TILL 4110. Attachment C Final Figure 3-17 Seybold Canal Water Quality Control/Manatee Watch FIGURE 3-17 Seybold Canal Water Quality Control/Manatee Watch "'50ft "'100ft 4411-110. Turbidity Curtains Compliance Point CP Manatee Watch 7 Manatee i Watch C?s'+^ZkiS.i Attachment D Final Figure 3-19 Dredging Near Mouth of Seybold Canal Water Quality Control/ Manatee Watch Dredging Near Mouth of Seybold Canal Water Quality Control/Manatee Watch Figure 3-19 Turbidity Curtains Compliance Point CP Air Curtain 100 ft Manatee Watch NOTE: Air curtain is in addition to turbidity curtain which must completely enclose dredge area .��- ::iYl"AAA.hnAJ�I.I.I f F1, Agreement for Dredging Services for Wagner Creek and Seybold Canal Waterways Project Number B-50643 CONTRACTOR CH2M Hill Constructors. Inc. 400 Ponce DeLeon Boulevard Coral Cables, 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 r { day off tkii42008 by and between the City of Miami, Florida, a municipal corporation, hereinafter called the City and CH2M 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 ("RFI") No. 05-06- 090to 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, RFI and the Submittals are sometimes referred to herein, collectively, 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. S. WHEREAS, the City, through action 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 appear in the Agreement, the intent and meaning shall be interpreted as follows: Agreement means this document, the RFLI, RFLI, Proposal addenda, and ail 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 Price 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, as 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. Consultants Initials City's Initials Page 2 of 24 Contract No.06-2028 City Project No. 8.50643 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 Director 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 means the date certified by City in the Final Certificate of Payment upon which ail conditions and requirements of any permits and 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. 'A f{ e f Consultants Initials City's Initials Page 3 of 24 Contract No. 08•2028 City Project No. E-50843 Project Initiation Date means the date upon which the Agreement Time commences. Punch List means a compilation of items 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 an interpretation or clarification relative to the Agreement and/or the Work Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means a person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Agreement, but does not include one who 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 services 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 furnish all labor, materials, equipment, services and incidentals necessary for the assessment and permitting required for dredging by DERM, 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 to be performed includes: 1. Wagner Creek from NW 20'h Street to NW 11 th Street, 2. Seybold Canal from NW 11'h Street to the Miami River 3. AGREEMENT OPTIONS The City at its sole discretion may exercise an option Phase Il which encompasses the dredging of Wagner Creek and the Seybold Canal, Should the City elect to exercise the option to complete Phase II, the City will enter into an Amendment to this Agreement pursuant to the authority granted to the City Manager by Resolution No, 07- R-07-0482 adopted on September 11 2007, which shall be subject to the availability of funding. If the City desires to exercise the Phase II, the City will enter into negotiations with the Contractor for the purposes of entering into a supplemental agreement to this Agreement which shall include additional contractual terms and conditions specific to the supplemental agreement, increase the Scope of Work to reflect the requirements of Phase 11, and itemize the cost for the work. Such negotiations will be reflected in the supplemental agreement(s) to the Agreement, which will be subject to the approval of the City Manager and the City Commission. 4. INTENTION OF CITY It is the intention of City to describe in this Agreement the Project to be completed in accordance with the Agreement and in accordance with all codes and regulations governing all the Work to be performed under this Project. Any work, materials or equipment that may reasonably be inferred from the Agreement as being required to produce the intended result shall 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 fer % Consultant's Initials City's Initials f Page 4 of 24 Contract No. 0S-2O28 City Project No.. B-50643 words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws 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. 5. 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 provision 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 timeframe(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, 2008 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. LABOR AND MATERIALS Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, 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 or to 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% retainage 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 City'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. Consultant's initials City's Initials Page 5of24 ` Contract N'. 05.2028 Oty Project No. B-50043 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 -Contractors for materials, equiprnent, or labor. ▪ Failure of Contractor to provide any and all documents required by the Agreement by DERM, FDEP or the Corps of Engineers. 9. 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 Contractual 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 in the Agreement. 11. SUPERINTENDENCE AND SUPERVISION Contractor shall keep on the Project during its progress, a 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 -in -Charge and Project Manager shall represent Contractor and all directions given to the Contractor's Project Manager shall be as 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 as after hours for emergencies. Consultant's Initials Page 6o€24 City Project No- 8-50043 City's Initials Ccn r cl No. 08-2028 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 Mail, 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 Capital Improvements Program 444 SW 2'I Avenue, 8th Floor Miami, FL 33130 David Mendez Assistant Director-- Dept. of Capital Improvements Program 444 SW 2`ci 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 Consultant's Initials City's initials ,x f Convacf No 06.2028 Page 7 of 24 Gfy Protect No. B•60643 applicable, and shall pay all costs, including without limitation reasonable attorney's and appellate attorneys 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 Adm!nistrator 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. Where 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 4 -V'V —1 Consultant's initials City's initials Page 8 of 24 Contract No. 00-2026 City Protect No. 9-50643 Article, nor any decision made by him/her 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 Contractor's 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 11 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 Contractor's 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, actions, 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 costs 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 similar 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 project. Project -site C` 5--"N Consultant's Initials City's Initials Page 9 of 24 Contract No. 06-2028 City Protect No. 8-50-i43 facilities, include, but are not limited to such 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 own 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 facilities. 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, tools, 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. In 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 other 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 Weather Service 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 will 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-compensable delay. 24. CLEANING UP; CITY'S RIGHT TO CLEAN UP Consultant's Initials City's Initials / 97 Page 10 of 24 Corbacl No. 06-2028 City Project tr'o. 5-50643 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, Contractor 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 at 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. All 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 limit 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 City. if 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 change 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 as 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 initials City's initials Page 11 of 24 t Contract No. 06-2028 City Project No. 6-50643 30. CONTINUING THE WORK Contractor shall carry on thie .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, Florida 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 perform work 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 practices and 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 denied services, or be subject to discrimination under any provision of this Agreement. Contractor shall 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 l and Il 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) as they may apply to costs associated with this Agreement. Contract No. 06-2028 Consultant's Initials City's Initials el Page 12of24 City Pro ect 4o. 8-50843 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 or its authorized representative shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this provision. The City or its authorized representative shall give auditees reasonable advance notice of intended audits. If an audit inspection or examination in accordance with this Article discloses overcharges in excess of 1 % 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 all 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 Emergency Response, US Department of Labor, Occupations Safety and Health Administration OSHA Safety and Health Standards 29 CFR 1926 (Construction Industry), US Department of Labor, Occupations Safety and Health Administration ■ Standard of Operating Safety Guidelines, USEPA, Environmental Response Branch, Hazardous Response Support Division, Office of Emergency and Remedial Response. ■ Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, US Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute of Occupational Safety and Health The Contractor, its employees and subcontractors shall 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 for 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 all persons working on the Project for whom a Certificate of Competency is required. Consultant's Initials City's lnitPats / Ccntract No, 06-2028 Page 13 of 24 City Project No. 8-5O 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 that are out of the control of the City or entities hired or control by the City, the Contractor' may 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 of 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 caused jointly or, concurrently by Contractor 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 Contractor 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 5% profit associated with the delay. The Contractor 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, 2 J Consultant's initials City's Initials /�T t ConUact No. 064028 Page 14 of 24 City Proved No. B-50643 within twenty (20) calendar days 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 a 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 a 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 limited 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. Otherwise, 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 complete 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 shall 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 ! Consultant's Initials City's Initials l Page 15 of 24 Contract No. C6.2028 City Project No. 8.50643 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 must be approved in advance in accordance with the value of the Change Order or the calculated extension of time. All 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. All 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. The 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 Code (Public Law 94-533 and all title, ownership and copyright privileges are and at all times shall be the property of the City without restriction or limitation on their use, and will 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 all 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. Consultant's Initials Page 16 of 24 City Prc ect No. BS0643 City's Initials Cartred No. 06-2028 50. TERMINATION 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 termination 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 duties 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 timeframes 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 Contractor 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 timeframe. 52. CONTRACTOR'S RIGHT TO TERMINATE The Contractor shall have the right to terminate this Agreement for 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 City's breach of its duties under this Agreement. ,J� Consultant's Initials kr, City's initials s-" Contract No 06-2020 Page 17of24 City Protect No. 8-50843 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 shall, 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 $500,000, 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 Manager's 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 written instrument(s) signed by the City Manager. "Consultant's Initials a /I , CIWS Initials - Contract No. 06-2028 Page 18 of 24 City Project No. 8-50843 56. MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the Project, and/or following the completion of the Project, the parties to this Agreement agree all 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 all 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 action 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. 58. 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 Initials ar City's Initials Af / Cozirac! No. 06-2028 Page 19 of 24 Gsy Pso ecl No. B-50643 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. Ali 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 unlaWful provision shall be excised from this Agreement, and the remainder of this Agreement shall continue in full force and effect. 64, ENTIRE AGREEMENT This Agreement, as it may 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 for 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 (30) days notice. Contract. N0. 06-2028 Consultant's Initials Citys Initials Paae 20 of 24 City Project No. 830643 IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above written. ATTEST: "City" City Of Miami, a municipal corporation/ f ' i • C. f.By. f i Priscilla A. Thompson, City Clerk edro G. Hernandez, RE., City .._ �' Manager ATTEST: APPROVED AS TO FORM AND CORRECT SS: � 1 Jorge L Fer andez City At. -ray "Contractor" , CH2M HILL Constructors, Inc. a DelawareCorporation By: �c l Print Name; Todd Milne Title: SER Construction Manager APPROVED AS TOINSU REQUIREMENT/a: LeeAnn Brehm Risk Management Administrator lad itaivte THE CITY REQUIRES THREE (3) FULLY -EXECUTED AGREEMENTS, FOR DISTRIBUTION. Consultant's Initials Page 21 of 24 City Prcect No, B-50843 City's Initials Contract No.06•2026 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 Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required: City of Miami included as an Additional Insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation IV. Employer's Liability A. Limits of Liability Consultant's Initials City's Initials Page 22 of 24 Contract No.6fi-2028 City Project No. 1350643 $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 Liability Combined Single Limit $ 5,000,000 Each Occurrence $ 5,000,000 Aggregate $ 5,000,000 Note: Excess over CGLJAuto/Employer's Liability VI. Payment and Performance Bond 100% of construction value (required for Phase II only) VII. Contractor's Professional Liability/Error's & Omissions Limits of Coverage Each Occurrence $1,000,000 Aggregate $1,000,000 VII1. ENVIRONMENTAL AND IMPAIRMENT LIABILITY Limits of Coverage Each Claim $5,000,000 Aggregate $5,000,000 VI 11 Marine General Liability, including coverage for 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 material change. The Certificates shall name the 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. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Consultant's Initials Citys Initials Page 23 of 24 City Pra act No. 8-50643 Contract No. 06-2028 EXHIBIT 2 FINAL CERTIFICATE OF PAYMENT: PROJECT: PROJECT MANAGER: (name, address) BID/CONTRACT NUMBER: TO (City): CONSTRUCTION MANAGER: AGREEMENT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by the Agreement, and the final bill of materials, if required, have been received and accepted. The Work required by the Agreement has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Agreement and is accepted under the terms and conditions thereof. Project Manager BY Date City, through the Director, accepts the work as fully complete and Will assume full possession thereof at (Time) (Date). City of Miami, Florida By Director Date Consultant's Initials City's Initials r Contract No. O6-202S Page 24 of 24 City Project No. B-50643 Bid Item Task 1 Task 2 Task 3 Task 4 Task 5 Wagner Creek & Seybold Canal Table A - Schedule of Values & Invoicing Amounts Description Project Area Investigations Estimated Percent Complete Topographic & Bathymetric Survey Estimated Percent Complete Sediment Characterization Estimated Percent Complete Corrective Action Plan (CAP) Estimated Percent Complete Permit Preparation Estimated Percent Complete Project Totals Estimated Percent Complete Bid Total $193,530 100% 5159,487 100% $258, 610 100% 8211,599 100% $93,800 0% $917,226 100% Month 1 Est. Progress Payment $100,635 52% 12,759 8% $12,941 $126,335 14% Month 2 Est. Progress Payment $81,283 42% 14,354 9% $10,352 4% $105,989 12% Month 3 Est. Progress Payment $11,612 6% 132,374 83% $59,526 23% $203,512 22% M 16-Nov-07 )nth 4 Est, Progress Payment Month 5 Est, Progress Payment Month 6 Est. Progress Payment ;168,227 65% $7,764 3% $84,640 40% $84,640 40% $42,319 $75,040 80% 20% $18,760 20% ;252,867 28% $167,444 18% $61,079 7% ,R9.33ulatoty moan. 1=110221===0.1111111 R°Y1.91!tlI'50 rir "1"-- + Reepitsi_ 1 I 53 .• mooung. ..„ I . „ • tn1122VIMMIMMINNIMMIMi. • Activity r..NTP / Klcirr • Petamorornant Activilles 1 14 ▪ Pion P repo roUott Activity Description Cel to our .a t13 _213 .21_ 22 ,26 .27 .26 .23. 29 .31 1 -I-12 . ; • InfOrTnatIOhaibloattoga 6 • • 4•74IKV • • • — „ • • • • , . . • PIO leW0111 Report* -771-T-s Task 2 - Tapse melee. and Onewmotec Smog + Plan pr.p..,..trIp., L i 1 I I tfloldveara cr•Fmr_Ri.2,1c & Etatlyymotdc 6 urvey I I, + Reporo. Tank 3 -SediMent Shorocierization Regulatory Meetings + Plan Preparation r1 15 I 10 I 13 • rloldW0•14,, zs 1 . A. -y- " •If"I•71733I11717...L...`I"=.17W "—:--- ---- "-7-• 7- -":"-- - : . . 1 . : . • • • • . 1 . . . , . , . . . . . . . . , . , . . , ' : . • . . , •&"`"."'''''','"<",'"-.."t'ir , , , , . . . . . , - ' — "": . . . - ... . . .. I . ' • . . . . . . -Tileiginivinsaes • Anent Appiluilleos 1 1- A178.0 :Review art-6 Subme (City Conlissicn) ! 20 A1790 !Permits Retell/en ! 1 1 6 i•71-711771111.14"17.1 • .57 [1:7417.11,717'..',1=LATZTZ=7",==.:=11:7=•:=74.VM":J=Mi 1...1 Op. .eor onto O. 14.11J1.9A WAD/. CISEM7 1.c.• Dna 10440v0 tIll Crt. Primnvern Systems. Inc. ny Itint NOV.. We 01-S.2M Wegner Creek & Soyecie Canal Slarnmery Penis:end Schedule 1 Scope of Services Investigation Corrective Action Plan Preparation And Permitting Services WAGNER CREEK/SEYBOLD CANAL Remedial Action Miami, Florida Prepared by: CH2W1HILL COJtstfldctors, Inc. January 2, 2008 FINAL Contents Scope of Services i Task 1: Investigation of the Project Area for the Purposes of Attaining Site Access .1-1 1.1 Site Access/Investigation Deliverables 1-3 1.2 Site Access/investigation Assumptions 1-3 1.3 Site Access/Investigation Schedule 1-3 1.4 Site Access/Investigation Information Required From Others 1-3 Task 2: Topographic and Bathymetric Survey and Sediment Sampling of Wagner Creek and Seybold Canal 2-1 2.1 General Description of Work 2-1 2.2 Wagner Creek 2-1 2.3 Seybold Canal 2-2 2.4 Surveying and Sampling Means and Methods 2-4 2.4.1 Control 2-4 2.4.2 Topographic Survey 9-4 2.4.3 Hydrographic Survey 2-4 2.4.4 Sediment Sampling 2-5 2.4.5 Mapping & Computing 2-5 2.4.6 Quality Control 2-5 2.5 Topographic/Bathyanetri.c Survey and Sediment Sampling Deliverables 2-5 2.6 Topographic/ Bathymetric Survey and Sediment Sampling Assumptions2--6 2.7 Topographic/ Bathymetric Survey and Sediment Sampling Schedule 2-6 2.8 Topographic/ Bathymetric Survey and Sediment Sampling Information Required from Others 2-6 Task 3: Performance of Sediment Characterization 3-1 3.1 Sediment Characterization Deliverables 3-2 3.2 Sediment Characterization Assumptions 3-3 3.3 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 Preparation Assumptions 4-4 4.3 CAP Preparation Schedule 4-4 4.4 CAP Preparation Information Required from Others 4-4 Task 5: Preparation of Necessary Permits 5-1 5.1 Permit Preparation Deliverables 5-2 5.2 Permit Preparation Assumptions 5-2 5.3 Permit Preparation Schedule 5-2 5.4 Permit Preparation Information Required from Others 5-2 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 Miatni 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 attaining site access. 2. Performance of a topographic survey (Wagner Creek) and a bathymetric survey (Seybold Canal) for determining/verifying sediment volurnea aitd 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 Environmental Protection (FUEP) Environmental Resource Permit (ERP) permit, and a U.S. Anny Corps of Engineers (USACE) 404 permit. Personnel to be used during this phase of the project are summarized. in Table 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. TABLE I Key Personnel Name Company Title/Function Todd Milne CH2M HILL Project Director David Cole CH2M HILL Project Manager Russell Short CH2M HILL Aquatic Vegetation Specialist Rob Wright Lonnie Reese CH2M HILL Estimators Fernando Craverio CH2M HILL Miami Dade County Area Manager Bill Priore CH2M HILL Planning Review COPYRIGHT 2008 BY CH2M HILL CONSTRUCTORS, 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, Inc. Topographic Survey Bathymetric Survey Sampling Roman Gustesi TEW Cardenas, LLP. Access Agreements Santiago D. Legal Services/Review Echemendia Arsenio Milan Milan Swain Assoc. Drew Campbell Data Collection Project Engineering Project Design CAP Drafts Permit Preparation Kathryn "Kit" Curtin Kathryn Curtin Manatee and other endangered species plan preparation and observation Alejandro Sarandrea American Earthmovers Sediment Removal/Material Handling Constructability Reviews George Munne Marino Fernandez International Analytical Analytical Subcontractor Group Ramon Mijares SoilTech Distributors, Inc. Material Transportation Planning TBN CH2M HILL Office Clerical Theresa Rojas Eric Burrell CH2M HILL Quality Control Manager TBN CH2M HILL Procurement/Contracts Al Barsody CH2M HILL Project Controls Nancy Ballantyne Lisa Schwan CH2M HILL Regulatory Compliance Tom McSweeney CH2M HILL Senior Construction Review COPYRIGHT2008 BY CH2M HILL CONSTRUCTORS; INC. • COMPANY CONFIDENTIAL Task 1: investigation of the Project Area for the Purposes of Attaining Site Access A major element of this project will be accessing defined work areas along Wagner Creek and Seybold Canal starting from NW 20th Street (identified as the start of Phase 1 by the City) to the end of Seybold Canal (identified by the City as the terminus of Phase 4, where it deposits into the Miami River just West of the NW 7th Street Bridge). CH2M HILL will work with our outside legal counsel, a (i'BN) City of Miami attorney, our public relations team partner (San Pedro Productions), and Milan Swain Associates to work through the issues associated with obtaining property access and any required vessel relocation agreements. This effort includes property searches and potential interviews with approximately 95 private property owners and 4 city/county departments (see Figure 1). This effort also includes coordinating and conducting an initial public meeting to discuss access and planning. The scope of services for this task includes the following elements. A more specific description for our estimated level of effort (LOE) for this task is shown in Table 2. • Researching and reviewing property ownership records and property deeds • Developing a General Access Agreement to gain access to private property for the purposes of performing the sediment characterization sampling and construction (removal of sediments) • Identifying property owners that need to be co -applicants on the permits • Obtaining lease agreements for any interim staging areas (if required) • Reviewing properties and owners requiring vessel (boat) relocation (Seybold Canal) • Developing a Vessel Relocation Agreement • Obtaining agreement from vessel owners for relocation • Coordinating and conducting a public meeting to present a project approach overview, discuss access issues, and accept/address public comments COPYRtGHT2L98 BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL TASK 1: INVESTIGATION OF THE PROJECT AREA FOR THE PURPOSES Cr ATTAINING SITE ACCESS TABLE 2 Initial Project Set-up. Kickoff, Key Plan Preparation, Property Ownership, and Deed Research Anticipated Resource Description of Effort Requirements Project Manager Initial project set-up, coordinate kickoff meetings, data, project controls, report review, and submittal Prepare Statements of Work for all team subcontractors Identify appropriate FDEP, DERM, and USACE 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 ail existing 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 Public Relations Coordinator Attend kickoff meetings Prepare Draft Public Relations Plan to the detail required to gain property 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 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 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 entities 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 (OOCs) Miscellaneous duplication, report assembly, and administrative support for the project 1.2 COPYRIGHT 206$ BY CH2hr HILL CONSTRUCTORS, INC.. COhdPANY CONFMENTIAL TASK f: INVESTIGATION or THE PROJECT AREA FOR THE PURPOSES OF, ATTAINING SITE ACCESS 1.1 Site Access/Investigation Deliverables 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. Surnmary 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 HILL 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 (i.e., 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 months to complete. 1.4 Site Access/Investigation Information Required From Others The City will provide legal counsel for site/property access agreement review at no cost to CH2M HILL. 1-3 COPYRIGHT 2038 BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL TASK f: INVESTIGATION OF THE PROJECT AREA FOR THE PURPOSES OF ATTAINING SITE ACCESS 2. The City will provide access to all previous information developed for this project by others, to include analytical, reports, and agreements already in place. FIGURE 1 Map of Dredging Area Legend City and County Property Property Bounderles rtig$0 14)111,fizm Fir tir : � Ff ti . # - 1.aoo SCALE 1:10.000 2000 Fe/11 210 soo 1401 ere on : asn - acona •s, nc 1-4 COPYRIGHT 2008 BYCH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL Task 2: Topographic and Bathymetric Survey and Sediment Sampling of Wagner Creek and Seybold Canal 2.1 General Description of Work It is anticipated that a combination of conventional and GPS survey methods will be necessary due to the tree/building canopy at some locations. Therefore, CH2M Hill will provide topographic/hydrographic surveys and sediment sampling to determine the quality, quantity and distribution of sediments in Wagner Creek and Seybold Canal. In addition, debris in the waterway located visually or by sounding techniques will be identified on maps. The subtasks envisioned under this scope of work task include the following: 2.2 Wagner Creek • Determine the location of sampling points along Wagner Creek. The length of creek involved in this project measures approximately 6,850 feet. It is anticipated that samples will be collected every 200 feet along the creek, resulting in approximately 34 sampling 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 in a database and graphically. • Provide topographical survey of the underlying material along the creek using push tubes to determine refusal points. • Locate all bulkheads, protected vegetative species, bridges, culverts, and utilities (sanitary and storm sewer lines, water mains, gas mains, buried telephone lines, underground electrical conduits, etc.) along the creek. • Locate and document the present condition of all existing structures (i.e. docks, retaining walls, etc.). • Provide volume calculations, and data and drawings of the completed work in CADD and PDF formats. Data and drawings will include, but not be limited to, the locations of benchmarks, sampling locations, and depths and Iocations of structures along the creek. Information will be provided in sufficient detail to indicate intersecting streets and landmarks adjacent to the creek. 2.1 COPYRIGHT 2038 BY CH2JA HILL CONSTRUCTORS, INC, COMPANY CONFIDENTIAL TASK 2: TOPOGRAPHIC AND BATHYMETRIC SURVEY AND SEDIMENT SAMPLING OF WAGNER CREEK AND SEYBOLD CANAL 2.3 Seybold Care( • Provide GPS controls, single/multi-beam survey equipment, and penetrometer/ground penetrating radar (GPR) mounted on watercraft for performance of surveys to identify debris and determine the volume of sediment. • Determine the location of sampling points along Seybold Canal. The canal measures approximately 2,250 feet in length. It is anticipated that samples will be collected every 200 feet along the length of the canal, resulting in approximately 11 sampling locations. • Provide GPR topography of the underlying materials along the canal. • Locate all bulkheads, docks, protected vegetative species, bridges, culverts, and utilities (sanitary and storm sewers line, water mains, gas mains, buried phone lines, underground electrical conduits, etc.) along the canal. • Locate and document the present condition of all existing structures (i.e. docks, retaining walls, etc.). • Provide volume calculations, data, and drawings of the completed work in CADD and PDF formats. Data and drawings will include, but not be limited to, the locations of benchmarks, sampling locations, and depths and locations of structures along the canal. Information 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, Inc., 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 61G17-6 of the Florida Administrative Code (FAC). This task includes planning and executing the items listed above. A more specific description for this effort is shown in Table 3. 2-2 COPYRIGHT 2008 BY CH2M HILL CONSTRUCTORS. INC. • COMPANY CONFIDENTIAL TASK'2; TOPOGRAPHIC AND DATHYMETRIC SURVEY AND SEDIMENT SAMPLING OF WAGNER CREEK AND SEYBOLD CANAL TABLE 3 Topographic and Bathymetric Surveys Anticipated Resource Description of Effort Requirements Project Manager Coordinate kickoff meetings with engineer and survey/sampling subcontractor(s), project controls, data and report review, and submittal Prepare Statements of Work for all team subcontractors identify appropriate FDEP, DERM, and USACE stakeholders and coordinate initial meeting to discuss project requirements Coordinate and manage all subtasks associated with this task Project Support Internally review all sampling and survey data Prepare submittal copies, duplication, and graphic tasks Prepare Activity Hazard Analysis (AHA) Amendment to Health & Safety Plan Prepare Draft Biological Assessment/Mitigation Plan Prepare Analytical QA/QC Plan (including chemical and physical properties analysis) Prepare Sampling and Analysis Plan Project Engineer Attend task coordination meetings Distribute pertinent data from City Review data and comment Attend follow-up meetings as necessary Surveyor Attend kickoff meetings Review all existing data from City Prepare survey and mapping plans Provide labor, equipment, and materials necessary to complete topographic and bathymetric 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 Subcontractor 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 Administrator Contract negotiation with subcontractors and continued procurement support required for this phase of the work 2•3 OPYRIGHT 2008 BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL TASK 2: TOPOGRAPHIC AND DATHYMETRIC SURVEY AND SEDIMENT SAMPLING OF WAGNER CREEK AND SEY$OLD CANAL Anticipated Resource Description of Effort Requirements Project Controls Cost and schedule tracking and updates Invoice preparation Legal Review Review subcontracts and suggested changes from subcontractors Travel (Airfare, Hotel, Car Travel for Project Manager and other CH2M HILL management for kickoff Rentals) and coordination meetings (1 ea) ODC Miscellaneous duplication, report assembly, and administrative support for the project 2.4 Surveying and Sampling 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 131h Avenue and NW 15th Street. Elevations will be referenced to National Geodetic Vertical Datum (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 kHz, configured to Trimble DGPS positioning through Coastal Oceanographic Hypack 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. 2-a COPYRIGHT 2E08 BY CH2M HILL CONSTRUCTORS, INC.. COMPANY CONFIDENTIAL TASK 2: TOPOGRAPHIC AND BATHYMEfRIC SURVEY AND SEDIMENT SAMPLING OF WAGNER CREEK AND SEYBOLD CANAL 2.4,4 Sediment Sampling Sediment samples will he collected at approximately 60 locations along the waterway at the apparent centerlines and toes of slope. Samples will be collected by manually pushing A clear plexiglass tube (equipped with Standard split spoon retainer) into the subsurface to refusal. The tubing will be withdrawn from the subsurface, sediments measured, photographed and placed in plastic freezer bags for delivery to soils laboratory. Due to the unknown nature of subaqueous sediments (compacted silts, clays, etc.), it rnay be necessary to retrieve samples using other approved methods, i.e., VibraCore. 2.4.5 Mapping & Computing The results of survey data will be provided in AutoCAD formats in both electronic and hard copy. Elevations of the pre -construction survey will be illustrated in plan view and in cross- section format. The pre --construction survey will be compared to the sediment samples and a quantity of sediments to be excavated developed. 2.4.6 Quality Control All surveys will be performed under the direct supervision of a professional surveyor, registered in the State of Florida. Previous surveys per formed by others will be compared to the data collected under this contract to verify the quantity and distribution of the sediment. 2,5 Topographic/Bathymetric Survey and Sediment Sampling Deliverables Topographic/Bathymetric Survey and Sediment Sampling Deliverables 1. Analytical QA/QC Plan (including chemical and physical properties analysis) 2. Sampling and Analysis Plan (including Bathymetric/Topographic equipment and procedures) 3. Quality Assurance Program Plan 4. Draft Biological Assessment/Mitigation Plan 5. Activity Hazard Analysis (AHA) Amendment to Health & Safety Plan 6. Draft Manatee Protection Plan 7. Draft Endangered Species Monitoring and Protection Plan 2-5 COPYRIGHT 2002 BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENT AL TASK 2: TOPOGRAPH C AND RATHYMETRIC SURVEY AND SEDIMENT SAMPLING OF WAGNER CREEK AND SEYBOLO CANAL 8. CADD drawings showing top of sediment, limit of excavation, bulkheads, docks, bridges, protected vegetation, creek and canal location, and pertinent cross streets/landmarks 9. Volume calculations by rernediation phase 10. Summary report outlining the recommended rernediation 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 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. 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. 2.7 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 COPYRIGHT 2008 BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONEIDENUAL Task 3: Performance of Sediment Characterization Based upon our review of the existing data and quantities provided by the City in earlier documents, CH2M 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 sediments. 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 and 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 4 Sediment Characterization Analyte Method Dioxin/0ibenzofuran and Congeners 8290 TCLP Volatiles 8260E TCLP Semivolatiles 1311/8270C FLPRO TCLP Metals 1311/6010B/7000 TCLP Pesticides 8081A TCLP Herbicides 8151A PCBs 8082 Ignitability 8082 Corrosivity 1010/1030 Paint Filter EPA 9095A Specific Gravity SM 2710F Percent Solids 160.3 Modified Particle Size ASTM 0422 Notes: TCLP = Toxicity Characteristic Leaching Procedure 8-1 COPYRIGHT 2008 BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL TASK 3: PERFORMANCE OF SEDIMENT CHARACTERIZATION Table 5 provides a detailed description for this effort. TABLE 5 Sediment Characterization Anticipated Resource Requirements Description of Effort Project Manager Coordinate task kickoff meeting, Coordinate QAIQC oversight Coordinate project schedule and cost controls and management of deliverables Prepare internal and external progress reports Coordinate follow-up meeting with appropriate regulators and other stakeholders to confirm task requirements Coordinate and manage all subtasks associated with this task Project Engineer Attend task kickoff meetings Collect and review all laboratory data and results Prepare Field Sampling Report, Data Quality Review Report and recommend actions to complete the work Analytical Subcontractor Obtain samples Deliver samples to approved laboratory Coordinate laboratory activities of second -tier subcontractors, currently identified as Severn Trent Laboratories (STL) and Professional Services, Inc. (PSI) (analytical and physical testing respectively) Summarize results for submission to CH2M HILL 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 ODC Miscellaneous duplication, report assembly, and administrative support for the project 31 Sediment Characterization Deliverables 1. Field Sampling Report, including database and graphical representations of analytical results 2. Data Quality Review Report 3. AHA Amendment to Health & Safety Plan 4. 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 3-2 COPYRIGHT 200t BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL TASK 3: PERFORMANCE OF SEDIMENT CHARACTERIZATION 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 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). 3.3 Sediment Characterization Schedule Sediment characterization is expected to take approximately 1 month to complete. 3.4 Sediment Characterization 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. 3-3 COPYRIGHT 2000 BY C4-12M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL 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 DERM 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 (CWP), 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 dewatering 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 countermeasures (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 and the sediment survey results 4.1 COPYRIGHT 260a 8Y CH2M HILL CONSTRUCTORS, INC. • CO iPANY CONFIDENTIAL TASK 4: PREPARATION OF A CORRECTIVE ACTIONPLANAND ASSOCIATED DOCUMENTS The CWP will provide specific details regarding the approach to site access locations, sediment removal, dewatering and treatment, material handling, 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, etc.). Specific means and methods 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 inaccessible 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 not only describe the health and safety protocol to protect the site workers, but will provide details on the health and safety procedures that will be put in place to protect the surrounding public; The plan will describe specific health and safety protocol for contaminated sediment material handling, dust control, etc, The Health & Safety Plan will be prepared in accordance with 29 CFR 1910.120. The Final Public Relations Plan will provide information on how our team will proactively interact with the communities and community leaders surrounding Wagner Creek and Seybold Canal to help local residents understand the 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 around Seybold Canal. Our Public Relations Plan will be structured to facilitate our interaction with these communities in the most effective way, taking into consideration the socio-economic information and identifying opportunities for local business and labor participation. The Final 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 not adversely impacted. The Final Manatee Protection Plan will include a description of the protective measures necessary to ensure that the manatee population located in the project area is not adversely impacted. CH2M HILL has an exclusive agreement in place with a recognized expert 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 of. the project. A summary of the sediment characterization study and the sediment survey will also be included as part of the CAP. These items are intrinsically related to our execution plan for the entire project. A more specific description for this effort is shown in Table 6. 42 COPYRIGHT 20,3 8Y CH2M HILL CONSTRUCTORS, INC. • COMPANY CONS=#DENTIAL TASK 4: PREPARATION OF A CORRECTIVE ACTION PLAN AND ASSOCIATED DOCUMENTS TABLE 6 Corrective Action Plan Preparation Anticipated Resource Description of Effort Requ irements Project Manager Coordinate task kickoff meeting, project controls, data and report review, and submittal Coordinate preparation and submittal of the CAP Coordinate CAP dissemination to appropriate FDEP, DERM, 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 Project Engineer Attend task kickoff meetings Collect and review all lab data and results Prepare and egsemble 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 Estimate Public Relations Attend task kickoff meetings Update Public Relations Plan Coordinate public meeting to discuss CAP and execution 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 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 Travel (Airfare, Hotel, Car Travel for Project Manager and other CH2M HILL management for Rentals) coordination meetings (2 ea) ODC - Miscellaneous duplication, report assembly, and administrative support for the project. 4.3 COPYRIGHT2008 BY CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL TASK 4: PREPARATION OF A CORRECTIVE ACTION RAN AND ASSOCIATED DOCUMENTS 4.1 CAP Preparation Deliverables 1. 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 Minutes Two draft hard copies and one draft copy in electronic form for review and continent 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. 4.2 CAP Preparation Assumptions 1. CH2M HILL has assumed that the CAP will be submitted as a Draft, Draft -Final, and Final document (3 versions). Additional revisions (not due to an omission by CH2M HILL) are not included in this scope. 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. 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. 4,4 COPYRIGHT 2oas BY CH2M HILL CONSTRUCTORS, INC. • COMPAWY CONFIDENTIAL 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 1 permit m USACE 404 Permit o 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 DERIvi to issue the Class 1 Permit. We have assumed a number of public, DERM, and interagency meetings (i.e., DERM, FDEP, and USACE); which wtli'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. TABLE 7 Preparation of Necessary Permits Anticipated Resource Requirements Description of Effort Project Manager Coordinate task kickoff meeting, project controls, data and report review, and submittal Coordinate meetings with appropriate FDEP, DERM, and USACE stakeholders Coordinate and manage all subtasks associated with this task Project Engineer Attend task kickoff meetings Prepare Permit Request documentation Prepare reports and recommend actions to complete the work Attend follow-up meetings with property owners as necessary Project Support Pay permit fees 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 Legal review of permit applications Review access agreements and modify as necessary ODC Miscellaneous duplication and report assembly 5.1 COPYRIGHT 20 8 6'( CH2M HILL CONSTRUCTORS, INC. • COMPANY CONFIDENTIAL TASK 5: PREPARATION OF NECESSARY PERMITS 5.1 Permit Preparation Deliverables 1. Deliver the following permit applications, any required bonds and/or sureties, and payment of applicable fees to the appropriate regulatory agencies for approval. • DERM Class 1 Permit ® USACE 404 Permit 6 FDEP ERP Permit 2. Copies of Regulatory 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. 5.2 Permit Preparation Assumptions 1. During the permitting phase, we have assumed a maximtun of one meeting per month (maximum 7-month duration) with each regulatory agency (i.e., DERM, FDEP, and USACE) to keep the permit process moving forward 2. Fees for permitting will be based upon current posted fees on DERM's website for the Class 1 permit and the expected fees from FDEP and USACE based upon our previous experience in the Miami Dade County area for a similar project. 3. The only permits required are a DERM CIass 1 permit, a FDEP ERP permit, and a USACE 404 permit. This assumption is based upon our initial discussions with DERM during the proposal preparation process. 5.3 Permit Preparation Schedule Permit Application preparation is expected to take approximately seven months to complete. 5.4 Permit Preparation Information Required from Others A copy of all previous permit applications related to this project will be made available for our review. 5-2 COPYRIGHT 2C05 BY CW_2M HILL CONSTRUCTORS, INC.' COMPANY CONFIDENTIAL