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1690 PPM Consulting PO 3423418 7- Thursday, December 18, 2014 To: City Clerk RE: PPM Consulting, Inc PO 34234 CCNA contract Design Services 815 French Ave Old Police Station The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies El Special Instructions: M a4-i.S o- O rda� From T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc �J 4 D e DATE: 12/16/14 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 467.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 11557 PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681 C-8 PO NUMBER 034234 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD, FL 32772 TO: SHIP TO: PPM CONSULTANTS, INC CITY OF SANFORD 750 S NORTHLAKE BLVD 800 FULTON STREET STE 1012 SANFORD, FL 32771 ALTAMONTE SPRINGS, FL 32701 DELIVER BY 'TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/15 NET/30 64571 ACCOUNT NO.: 310-4046-539.46-00 PROJECT NO.: 14SOIL NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 CONSULTANT - DESIGN & MONITORING 82737.00 NA 1.00 82737.00 SERVIES OF REMEDIATION OF THE OLD POLICE STATION LOCATED AT 815 FRENCH AVENUE SUB TOTAL 82737.00 TOT L 82737.00 41 APPROVED BYE BY: PURCIH 'W'AGENT CITY- M44GER ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP:/IWWW.SANFORDFL.GOV/DEPARTMENTS/PURCHASErrERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING �r 1 January 15, 2014 (Revised) November 19, 2013 Mr. Thomas George Deputy City Manager City of Sanford 300 North Park Avenue Sanford, FL 32771 Re: Proposal for Source Removal Consulting City of Sanford Former Police Station 815 South French Avenue Sanford, Florida FDEP Facility I.D. No. 59/8520695 PPM Proposal No. 13 -70076 PPM Project No. 716901 Dear Mr. George: PPM Consultants, Inc. (PPM) appreciates the opportunity to continue to serve the City of Sanford (City). As requested, PPM is submitting a cost proposal for source removal consulting at the Former Police Station Site. The proposal includes PPM costs associated with bid specifications, contractor selection assistance, sanitary sewer discharge permit acquisition, baseline groundwater and discharge permit sampling, soil disposal characterization sampling, oversight of remediation contractor, soil assessment during excavation activities, discharge permit reporting, monitoring well installation, project management, and report submittal. Site activities will follow the tasks outlined in the approved Remedial Action Plan (RAP), dated August 20, 2013. SCOPE OF WORK PPM understands that the City will contract directly with a remediation company for excavation activities at the site. PPM will only be responsible for the scope of services listed below: Contractor Selection Assistance and Meetings PPM will assist the City in selecting the appropriate construction contractor. Time has been included for bid specification preparation, pre -bid meeting attendance, and meeting with the City to discuss results of the construction submittals. Permitting and Baseline Sampling This task includes obtaining a wastewater discharge permit, collection of baseline groundwater samples from seven monitoring wells as outlined in the approved RAP, collection of discharge Mr. Thomas George January 15, 2014 (Revised) Page 2 permit samples, and collection of a composite soil samples as usually required by a landfill or thermal treatment facility. Oversight. Soil Screening and Soil Sampling PPM will be onsite for all activities conducted by the remediation contractor from initial site preparation through site restoration activities. In addition, PPM will collect soil samples and organic vapor data during excavation activities. This task also includes overall management of the project, client and regulatory communication, financial management, and status reporting. Installation of Monitoring Wells This task included the re- installation of two monitoring wells that will be destroyed during excavation activities. As requested by Orange County Environmental Protection Division (OCEPD), an additional three monitoring wells will be installed after site restoration is complete. Source Removal Reporting Following completion of site restoration, PPM will submit a Source Removal Report to the OCEPD. Post Active Remediation Monitoring and Reporting PPM will conduct four quarters of post active remediation monitoring (PARM) following the source removal activities. After each monitoring event, a PARM report will be submitted to the OCEPD. If the last two quarters results in concentrations below groundwater cleanup target levels, PPM will request a No Further Action determination. COMPENSATION The not to exceed fee for contractor selection assistance, sanitary sewer discharge permit acquisition, baseline groundwater and discharge permit sampling, soil disposal characterization sampling, oversight of remediation contractor, soil assessment during excavation activities, discharge permit reporting, monitoring well installation, project management, and report submittal is as follows: Contractor Selection Assistance and Meetings $7,100.00 Permitting and Baseline Sampling $5,890.00 Oversight, Soil Screening and Sampling $35,000.00 Installation of Monitoring Wells $8,175.00 Source Removal Reporting $3,540.00 One Year of PARM and Reporting $23.032.00 Total of all PPM Services $82,737.00 Mr. Thomas George January 15, 2014 (Revised) Page 3 This cost estimate does not include fees from the remediation contractor. PPM assumes that the City will contract directly with a remediation company for excavation activities. It is assumed that the onsite activities will take no longer than 15 working days. If 15 days of oversight are exceeded, PPM will submit a change order to the City. PPM's fees to conduct the oversight may change based on the bid of the selected remediation contractor. In addition, additional monitoring may be required if the third and fourth quarter results are not below groundwater cleanup target levels. SCHEDULE PPM is prepared to initiate baseline sampling upon notification from the City that a remediation company is under contract. To authorize the work, please sign and return the attached Authorization to Proceed Form or provide a Purchase Order. Please do not hesitate to contact me at (407) 240 -1127 if you have any questions concerning this proposal. We look forward to working with you on this important project. Sincerely, PPM Consultants, Inc. Amy L. Guilfoyle District Manager Attachment — ATP Form pn�%,, u IT Contract Agreement Na e: PPM Consulting; Environmental Assessments Piggyback Contract C,fy 9dustis RFQ no. 016 -09 CAN L-- Finance Director f 6;1— q-111-, Date Date rL - 101-1 • 0 -N. orney Date City Of Sanford Piggyback (City Of Eustis) Agreement With PPM Consultants, Inc. (Environmental Assessments) The City of Sanford ( "City ") enters this "Piggyback" Contract with PPM Consultants, Inc., Louisiana corporation authorized to do business in the State of Florida, (hereinafter referred to as the "Vendor "), under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: 1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the City of Eustis, Florida, said contract being identified as the "Ageement" (Request for Qualifications #016 -09) ", relating to continuing profssional services for environemntal assessments as described in Exhibit "A" and further referenced below; said original contract being referred to as the "original government contract "). 2. The original government contract is incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. 3. Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ( "Term ") of this Contract: N /A. (b). Insurance Requirements of this Contract: N /A. (c). Any other provisions of the original government contract that will be modified: (1). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikha, P.E., J.D., Public Works Director, City of Sanford, Post Office Box 1788, 300 North Park Avenue; Sanford, Florida 32771 -1778, telephone number (407 -688 -5080) and whose e-mail address is: BILAL.IFTIKHAR @Sanfordfl.gov. (2). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or Page 1 related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (3). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (4). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory. (5). Payments shall be made after the tendering of a valid invoice in accordance with the provisions of the Local Government Prompt Payment Act. (d). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Attest. Perry L. Todd Secretary v Witness Printed Name: UI Attest. Cynthia Porter, City Clerk For use and reliance of the Sanford City Commission o ly. Mto form an I g Y. olbert, Cit Att rney PPM Consultants, Inc. By: A� b � Keith . Pyron Presid nt Page 2 1. Amendment No.: 1 2. Contract No.: 016 -09 Effective Date: 01/12/2013 Effective Date: 01/12/2010 3. Purchasing Officer: Tracy Jeanes 5. Contractor Name and Address; {352 483 -5475 Company PPM Consultants, Inc. Telephone No.: Contractor 4. Issued BY: Address 1 6220 South Orange Blossom Trail City of Eustis Purchasing Department Address 2 P.O. Drawer 68 City,State,Zip Orlando, FL 32809 Eustis, Florida 32727 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written amendment and return this form to the address shown in Block 4 within ten (10) days after receipt. Retain a photocopy of the signed amendment form and attach to original contract, which was previously provided. 7. DESCRIPTION OF AMENDMENT: Renewal of agreement through January 12, 2016 Attachment: 2013 Renewal Rates S. Contractor's Signa re REQUIRED: 9. Eustis, Florid -b,'", °reef,'' Name: "".--- -- "_ By: > City Man 4.r Title: %. Date: l' f �' Date: 10. DISTRIBUTION: City of Eustis Purchasing Department P.O. Drawer 68, Eustis, Florida 32727 (352) 483 -5475 PPM CONSULTANTS, INC. - STANDARD RATE SCHEDULE JANUARY 2013 PROFESSIONAL SERVICES Principal.................. ............................... $168.00 Sr. Project Director /Consultant ..............$158.00 Project Director /Consultant ....................$147.00 Senior Project Manager . ........................$137.00 Project Manager ill ......... ........................$131.00 Project Manager 11 .......... ........................$126.00 Project Manager I ........... ........................$121.00 Senior Engineer ............. ........................$121.00 Engineer V ..................... ........................$111.00 Engineer IV .................... ........................$100.00 Engineer III ..................... .........................$90.00 Engineerit ...................... .........................$79.00 Engineer 1 ....................... .........................$69.00 Senior Geologist /Chen ist/t'oxicologist/ Environmental Specialist ...................$116.00 Administrative Assistant II Geologist/Chemist/ToxicologtsU Administrative Assistant i .........................$53.00 Environmental Specialist V ...............$105.00 Secretary III .................... .........................$48.00 Geologist/Chemist/Toxicologist/ Secretary I ...................... Environmental Specialist IV ................$95.00 Geologist /Cherrust/Toxicologist/ $116.00 Environmental Specialist 111 .................$84.00 $21.00 Geo logist /Chemist(Toxicologist/ Sampling Pump Environmental Specialist 11 ..................$74.00 $316.00 Geologist/Chemist/Toxicologist/ Environmental Specialist I ...................$63.00 Environmental Analyst it . .........................$58.00 Environmental Analyst I .. .........................$53.00 Field Supervisor .............. .........................$63.00 Senior Technician ........... .........................$58.00 Technician li ................... .........................$48.00 Technician i .................... .........................$42.00 Laborer........................... .........................$32.00 Senior AutoCAD/ Graphic Designer ....... .........................$74.00 AutoCAD /Graphic Designer III .................$63.00 AutoCAD /Graphic Designer It ..................$53.00 AutoCAD /Graphic Designer 1 ...................$48.00 Senior Administrator ....... .........................$63.00 Administrative Assistant II ........................$58.00 Administrative Assistant i .........................$53.00 WEEKLY Secretary III .................... .........................$48.00 Secretary it ..................... .........................$42.00 Secretary I ...................... .........................$37.00 TRANSPORTATION Vehicles .. ........................Current IRS rate plus 10 %%mile OUT -SERVICESIREIMBURSABLE EXPENSES Invoice cost plus 15% or per proposal EQUIPMENT, SUPPLIES, ETC. SAMPLING DEVICES DAILY WEEKLY Descri tion RENTAL RENTAL Drager Pump $29.00 $116.00 Hand Auger $21.00 $84.00 Sampling Pump $79.00 $316.00 METERS AND INSTRUMENTS DAILY WEEKLY Description RENTAL RENTAL Anemometer $16.00 $64.00 Conductivity Meter $25.00 $104.00 Conducbvity/fDS/i'emp Meter $32.00 $128.00 Dissolved Oxygen Meter $26.00 $104.00 Hermit Data Logger $168.00 $672.00 Flame Ionization Detector (FID) $158.00 $632.00 Photo - Ionization Detector (PID) $79.00 $316.00 Combustible Gas Indicator $79.00 $316.00 Interface Probe $37.00 $148.00 Transit, Tripod, Rod $32.00 $128.00 Manometer $16.00 $64.00 ORP Meter $26.00 $104.00 pH/Conductivity Meter $26.00 $104.00 pH Meter $16.00 $64.00 Temperature Probe $16.00 $64.00 pf-i/Cond/Temp/DO/Turbidity Meter $89.00 $356.00 Vacuum Pump $32.00 $128.00 Water Level Meter $16,00 $64.00 SUPPLIES COST PER UNITS Description UNIT 2" Bailer $16.00 each 3" Bailer $36.00 each Disposable Bailer $8.00 each Sampling Jars $13.00 case Sample lot $23.00 each Sample Gas Bags $16.00 each Face Shield $3.00 each Respirator Cartridges $16.00 each Tyvek Apron $2.00 each Tyvek Sleeves $2•GO pair Tyvek Suit $5.00 each Copies and Prints COST PER UNITS Description UNIT Color Prints -24 "X36" $16.00 each Black & White Prints - 24 "X36" $6.00 each Copies $0.11 each Color Copies $0.45 each Tabs $0.30 each Binders -1" to 2" $7.00 each Binders - >2" $16.00 each Sheet Protectors $1.50 each STANDARD RATE SCREDULF JANUARY 2013 Page 1 of 1 A P is. l DATE /01 YY) 01/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTHE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 CONTACT NAME: PHONE . 800.476 -2211 F� No): IAIC E-MAIL ADDRESS: Birmingham, AL 35202 INSUR S AFFORDING COVERAGE NA1CS EACH OCCURRENCE INSURER A:EVartston Insurance Company 35378 S 300.000 INSURED PPM Consultants, Inc. INSURER B :Amedsure insurance Company 19488 s 1,000,000 5555 Bankhead Hwy. INSURER C :Amerisure Mutual Insurance Company S 2,000,000 Birmingham, AL 35210 INSURER 0: $ 2,000,000 INSURER E: $ B INSURER F: COVERAGES CERTIFICATE NUMBER:X3NAWBGP REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lLT R LTR TYPE OF INSURANCE POLICY NUMBER POLICY t1WDU/YYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Q OCCUR X Professional Liability- retro 2111/97 13PKGM00241 02/11/2013 02/1112014 EACH OCCURRENCE S 1,000,000 DAMAGETORtNiED PREMISES Ea occurrence S 300.000 MEO EXP (Any one person) $ 5,000 PERSONAL &ADVINJURY s 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER : X POLICY PRO- tOC PRODUCTS- COMP /OPAGG $ 2,000,000 Professional $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS AUTOS X HIRED AUTOS HSCHEOULEO AUTOS 0749250201 02111/2013 02/1112014 EaaccidentSiNGLE ttMiT 1,000.000 BODILY INJURY (Per pot:son) $ BODILY INJURY (Per accident) $ ROPERTYDAMAGE Paraccdenl 5 $ A UMBRELLA LIAB EXCESS LIAR OCCUR 13EFXM00098 02111/2013 02/11/2014 EACH OCCURRENCE S 5,000,000 }( HCLAIMS-MADE AGGREGATE $„ 5,000,000 DED I I RETENTIONS $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIEPOR/PARTNER/EXECUTIVE D OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yee. desceHw under DESCRIPTION OF OPERATIONS below N ! A 20749260202 02/11/2013 02/1112014 OTH- I ER E.L. EACH ACCIDENT $ 1,000,000 E L. DISEASE - EA EMPLOYEE S 1,000,000 E L. DISEASE - POLICY LIMIT $ 11000,000 A Contractors Pollution 13PKGM00241 02!11/2013 02!11/2014 Each Condition Limit Shared General Aggregate 1,000,000 $ S S $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more apace Is required) CERTIFICATE HOLDER tiANlitLLA1IL7N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Eustis AUTHORIZED REPRESENTATIVE P.O. Drawer 68J.,`�r,�,2 Eustis, FL 39727 -0068 Yage 1 OT 1 t&1 7JtftY4UIu AL vnLj irVnr VnI11IVn. r+n nId %a rcacrecu. Atv%o 1 9C I )n4Am9% 76- APAOrt «..w..... «.1 1.. «.+ ......« «:..• «...A ...+•I... ..t Ar+non AGREEMENT THIS AGREEMENT is made and entered into this January 1k, 2010, A.D., by and between the CITY OF EUSTIS, a municipal corporation of the State of Florida, herein called the "CITY" and PPM Consultants, Inc., a corporation whose address is 6220 South Orange Blossom Trail, Orlando, Florida, 33809. herein called the" CONSULTANi ." Recitals WHEREAS, the City has publicly submitted a Request for Qualifications, "1016 -09. CONTINUING PROFESSIONAL SERVICES FOR ENVIRONMENTAL ASSESSMENTS, for procurement of services under the Consultants' Competitive Negotiations Act, section 287.055, Florida Statutes, following the guidelines set forth under such Act. and WHEREAS, the City of Eustis was issued a Notice of Award by the U.S. Environmental Protection Agency on September 10, 2009 for a Brownfields Assessment and Cleanup Cooperative Agreement, Assistance ID No. BF- 95442009 -0, in the amount of 5400,000, to conduct inventory, characterize and assess Brownf►elds sites that may be contaminated with hazardous and/or petroleum substances, and WHEREAS, RFQ #016 -09 did seek firms or individuals qualified to provide professional services as outlined in the RFQ documents, and WHEREAS, the City desires to retain the Consultant to provide professional services, as subsequently specifically set out in Work Orders to be issued under this agreement; and WHEREAS, the Consultant desires to perform such services subject to the terms of this Agreement; and WHEREAS, the response and all proposal documents and provisions are made a part of this contract as if fully set out herein; NOW THEREFORE iN CONSIDERATION of the mutual teens, understandings, conditions, premises. covenants and payment hereinafter set forth, and intending to be legally bound, the parties hereby agree as follows: 1. Scone of Professional Set -vices 1. The Consultant shall safely, diligently and in a professional and timely manner perform, with its own equipment and assets, and provide services included in each subsequently entered Work Order. Unless modified in writing by the parties hereto, the duties of the Consultant shall not be construed to exceed the provision of the services pertaining to this agreement. 2. The Consultant shall coordinate.. cooperate, and work with any other consultants retained by the City. Consultant acknowledges that nothing herein shall be deemed to preclude the City from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by the Consultant or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. 3. The Consultant shall, diligently and timely, perform services for various projects identified by the City during the term of this contract. As individual projects are identified by the City, a scope of work will be furnished to the Consultant. Upon receipt of the scope of work, the Consultant shall submit a cost proposal to the City outlining the scope of services, depicting hours of work, any subcontracted services, DBE utilization percentage, amount of field visits and period of performance for completion of assignments. Hourly and unit rates shall be in accordance with Exhibit "A ". Upon approval by tite City of the Consultant's proposal, a purchase order will be issued as the Consultant's authority to proceed with the specific project. The Consultant shall complete the scope of services for each project pursuant to the period of performance established in the proposal for the project. d. The term of this Agreement shall be for a period of three (3) years, with the option to renew for an additional three (3) years, upon mutual consent of both parties. 11. Work Orders I. The provision of services to be performed under the provisions of this Agreement shalt be commenced as set forth in the City's RFQ #016 -09 upon the execution of this Agreement and a Work Order issued on a form provided by the City hereunder commencing the provision of services. Additional services to be performed by the Consultant to the City, shall be authorized in written Work Orders issued by the City on a form provided by the City. Work Orders executed by the City shall include a detailed description of services and a completion schedule. The Consultant shall review Work Orders and notify the City in writing of inadequacies for the City's correction, if warranted. 2. if the services required are clearly identified, the Work Order shall be issued on a `Fixed Fee" basis. The Consultant shall perform all services required by the Work Order, but, in no event, steal I the Consultant be paid more than the negotiated Fixed Fee amount stated therein. For Work Orders issued on a Fixed Fee basis, the Consultant may invoice the amount due based on the percentage of total Work Order services actually performed and completed; but, on no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. 3. If services are not clearly defined, the Work Order may be issued on a "Time Basis Method" and may contain a "Not to Exceed" amount. If a Not to Exceed amount is provided, the Consultant shall perform all work required by the Work Order, but in no event, shall the Consultant be paid more than the Not to Exceed amount specified in the applicable work order. The Consultant shall advise the City whenever the Consultant has incurred expensed on any Work Order that equals or exceeds eighty percent (80 1/1o) of the Not to Exceed amount. For Work Orders issued on a Time Basis Method with a Not to Exceed amount, the Consultant may invoice the amount due for actual work hours performed but, in no event, shall the invoice amount exceed a percentage of the Not to Exceed amount equal to a percentage of the total services actually completed. Any "Time Basis Method" calculations shall be based on the rate schedule in the attached Exhibit "A ", and shall remain the same for the initial three (3) year period of agreement, 4. Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not to Exceed amount shall be treated separately for retainage purposes which shall be prescribed on the face of the Work Order, but, if not prescribed, shall be ten percent (10 °!0). If the City determines that work is substantially complete and the amount retained is considered to be in excess, the City may, at its sole and absolute discretion, release the retainage or any portion thereof. 5. Payments shall be made by the City to the Consultant when requested as work progresses for services rendered, within twenty (20) days of approved invoice. Each Work Order shall be invoiced separately. The Consultant shall render the City, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the Consultant, the Work Order number and all other information required by this Agreement. 6. Other than what is agreed to in the Work Order, the Consultant shall not be entitled to payment for any expenses. fees, travel or other costs it may incur at any time and in any connection with its performance hereunder. The Consultant hereby agrees that its hourly billing rates are fully loaded and includes all overhead and administrative expenses. 7. Revisions to any Work Order shall be authorized in writing by the City as a Chan %e Order. Each change order shall include a schedule of completion for the services authorized. Change orders shall identify this Agreement and the appropriated Work Order number. Change orders may contain additional instructions or provisions specific upon certain aspects of this Agreement pertinent to the services to be provided. Such supplemental instructions or provisions shalt not be construed as a modification of this Agreement. An Agreement between parties on and execution of any change order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged work, including all direct and indirect costs of whatever nature, and all adjustments to the Consultant's schedule. Any sub - consultant, new consultant; or replacement consultant used for any services noted in this agreement must be approved by the City in writing and in advance of providing any services. 8. As these projects are funded by federal and state funds, the Consultant hereby agrees to comply with all requirements of the federal or state government applicable to the use of the funds; including receiving no payment until all required forms are completed and submitted. All consultants and sub - consultants must comply with all applicable Federal or State policy guidelines, including, but not limited to, the following: Consultants and all sub - consultants must comply with Federal cross - cutting requirements. These requirements include but are not limited to, MBE /WBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246 Equal Employment Opportunity, and implementing regulations at 41 CFR 604; Contract Work Hours and Safety Standards Act, as amended (40 USC 337 -333) the Anti Kickback Act (40 USC 376c) ,Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250 and Section 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive order 11738, Environmental Protection Agency regulations (40 CFR, Part 15), and mandatory standards and policies relating to energy efficiency per the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). All contracts awarded by recipient and their consultants shall contain the procurement provisions of the appendix to Circular A -I 10, as applicable. The consultant agrees to adhere to the guidelines for utilization of small, minority and women's business enterprises, as outlined in 40 CFR, Part 33 and 40 CFR, Part 33, Subpart D. The consultant also agrees to comply with the six Good Faith Efforts, pursuant to 40 CFR: Section 33.301 and 40 CFR. Part 33, Subpart C. The consultant agrees to maintain or exceed the level of DBE involvement presented as part of the proposal package and as part of this agreement, if during the course of this contract, the consultant needs to identify a new or replacement sub - consultant, the consultant will comply with the six Good Faith efforts. 9. Sites utilizing Federal Brownfield funding and will require adherence to all applicable Federal Regulations including 40 CFR Part 31 and 40 CFR part 35 Subpart O. Other sites may be funded by the Florida Department of Environmental Protection and will require adherence to the conditions required by that agency. It will be the consultant's responsibility to work with the city in identifyin' which sites fall under the Federal Brownfield Grant Program requirements and which sites fall under the FDEP Browniieids Program requirements and make sure they operate under the appropriate regulations for each agency. 10. The consultant and all sub - consultants shall retain and provide access to the City of Eustis; the Federal grantor agency; the Comptroller General of the United States: or any of their duly authorized representatives to any books, documents, papers, and records related to the scope of services contained herein, for the purpose of making audit, examination, excerpts, and transcriptions, for a period of years as required by Federal guidelines. ill. Special Terms & Conditions I. Performance - The Consultant agrees to perform the work in accordance with the specifications and requirements and to repair and pay for any damages to the City of Eustis, or any third party, arising from any negligent acts, errors or omission caused by such work. 2. Termination -- The City shall have the right to terminate this Agreement at any time for failure to provide satisfactory performance. If the City determines that the work under this agreement is not being performed satisfactorily, the City may terminate or cancel the agreement without advance written notice, at the City's sole discretion. a. Termination for Convenience —The performance of work under any ensuing agreement may be terminated by the City of Eustis, in whole or in part, whenever the City determines that termination is in the City's best interest. Any such termination shall be affected by the delivery to the Consultant of a written notice of termination a minimum of fifteen (15) days prior to the date of the termination. b. Termination for Cause /Default — The City shall have the right to terminate the agreement at any time for failure to provide satisfactory performance. Termination by the City for cause, default or negligence on the part of the contractor shall be excluded from any termination costs. Advance notice will be waived in the event of termination for cause. c. Termination Due to Unavailability of Funds in Succeedirl Fiscal Years — When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the agreement shall be cancelled. The Consultant shall be reimbursed for any non- recurring costs, but not amortized in the price of services delivered under this agreement. 3. Sublettin of Contract — This Agreement shall not be sublet except with the written consent of the City. No such consent shall be construed as making the City a party to the subcontract or subjecting the City to liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the Consultant of liability and obligations under this Agreement and all transactions with the City must be through the Consultant. 4. Ownershioof Deliverables — Upon completion of and payment for a project, Consultant agrees all deliverables under this Agreement, and other data generated or developed by Consultant under this Agreement or furnished by City to Consultant shall be and remain the property of the City. S. Return of Materials — Upon the request of the City, but in any event upon termination of this Agreement, Consultant shall surrender to the City all memoranda. notes, records, drawings, manuals, computer software and other documents or materials pertaining to the services hereunder, that were furnished to the Consultant by the City pursuant to this Agreement. &. Re wining Other Consultants — Nothing herein shall be deemed to preclude the City from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by the Consultant or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. Furthermore, this Agreement does not guarantee any amount of work or any specific project to any Consultant. 7. bccuMcey The Consultant is responsible for the professional quality, technical accuracy, timely completion and coordination of all the services furnished hereunder. The Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its designs, drawings, reports or other services. B. Codes and geeulations — All work completed under this Agreement shall confonn to all applicable federal, state and local statutes. codes, regulations and ordinances. 9. Prohibition Against contingent Fees — Consultant warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 10. Insurances - The Consultant agrees to furnish the City of Eustis current certificates of Professional Liability Insurance, Worker's Compensation. Comprehensive General Liability. and Business Auto Policy in the amounts required by and pursuant to the conditions of RFQ #016 -09, within ten (10) days of the request. The Consultant agrees to maintain said insurances during the life of the contract. 1 ! . Doig nated Roresgntatiye — The City designates the City Manager or histher designee, to represent the City in all matters pertaining to and arising from the wort: and the performance of this Agreement. 12. Payment - Payment will be made within twenty (20) days of approved invoice. IN WITNESS WHEREOF, the CITY has caused this instrument to be duly signed by its City Manager and its seal attached by the Clerk, and the Consultant has hereunto set his hand and seal, the day and year written above. r t►F (SEAN .J % CITY OF EUSTIS, a municipal corporation of the State of Ion aa�� City Manager ? ' ! ATTEST: t ' t C' ter Signed, sealed and delivered 1 ' in the presence of: P onsultants, Inc. By- _R0-1-A(- 7R, P/ 5 -�ILje-MqAl 1-12- _ j v /J S =1877 WS RM X Item No.— CITY COMMISSION MEMORANDUM — 14.178 OCTOBER 27, 20 1 4 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Bilal Iftikhar, Director of Public Works SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage SUBJECT: Request for Budget Amendment, Award ntract and Procurement for Removal of Contaminated Soils at the, ormer Police Station Site SYNOPSIS: Approval to amend the budget and to award procurement of Bid # IFB 13/14 -14 to the lowest responsive bidder, FRS Environmental Remediation, Inc. ( "FRS "), to remove contaminated soils from the former Police Station site and for procurement of design and monitoring services from PPM Consultants ("PPM") is requested. F'ISCALISTAF"FING STATEMENT: There are no anticipated fiscal impacts to the City as funding in an amount not to exceed $260,000 will be reimbursed by Seminole County's U.S. 17/92 Corridor Community Redevelopment Agency (CRA). Initially the City will pay a total of $246,620; which includes $163,823 paid to FRS for the excavation and disposal of contaminated soils restoration of the entire site and $82,737.00 to PPM for design and monitoring of the remediation project. BACKGROUND: The former Police Station site located at 815 South French Avenue (U.S 17/92) was used as a vehicle fueling facility between 1974 and 1999. In 1974 two tanks were installed at the site: one 2,000 gallons and 3,000 gallons in capacity, respectively. In 1990 the tanks were removed and replaced with a tank with 10,000 gallons capacity. During the tank removal activities in 1990, petroleum hydrocarbon impacts were found. Although remedial actions occurred between 1992 and 1999, there was limited documentation of the type of reniediation conducted and soils remain impacted today. A request for bids was processed. The four responses were evaluated. Remediation includes removal and disposal of approximately 1,000 tons of contaminated soil and disposal at a State certified site, placement and compaction of clean fill and restoration of all disturbed curb and pavement areas. Monitoring wells will be reinstalled with reports provided to the State for at least one year or until well abandonment is approved. R d t� Co A� ©1 CERTIFICATE OF LIABILITY INSURANCE DATE 02104/204"" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. BOX 10265 Birmingham, AL 35202 CONTACT NAME: ONE IC. 0 Ext : 800 -476 -2211 aX No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Evanston Insurance Company 35378 02111 12015 INSURED PPM Consultants, Inc. INSURER B :Amerisure Insurance Company 19488 INSURER C Amerisure Mutual insurance Company 5555 Bankhead Hwy. Birmingham, AL 35210 INSURER D: INSURER E: $ 300,000 MED EXP (Any one person) INSURER F: PERSONAL & ADV INJURY _ S 1,000,000 COVERAGES CERTIFICATE NUMBER:R9GCV3AG REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY 14PKGSE20152 02111/2014 02111 12015 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rX 1 OCCUR DAMAGF- 10 KEN I PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) _ $ 51000 PERSONAL & ADV INJURY _ S 1,000,000 X Professional Liability-retro 2/11/97 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 X POLICY PRO LOC Professional $ B AUTOMOBILE LIABILITY A20749250202 02/11/2014 0?J11/2015 EO eBBINIEDISINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS IAUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE Peracddent $ Comp Ded $500 Coll Ded $500 A UMBRELLA LIAB OCCUR 12EFXSE20057 02111/2014 02/11/2015 EACH OCCURRENCE $ 5,000,000 X HCLAIMS-MADE AGGREGATE $ 5,000,000 EXCESS LIAB DED I I RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? � {Mandatory in NH) N/A WC207492803 02/11/2014 02/11/2015 X WC SU_MRS 10TH- E.L. EACH ACCIDENT _.._.. 1 __. ,000,000 E.L. DISEASE - EA EMPLOY EE ,S $ 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 A Contractors Pollution 14PKGSE20152 02111/2014 02111/2015 Each Condition Limit 1,000,000 Shared General Aggregate Occurrence form $ $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Sanford is named Additional Insured with regards to the above mentioned General Liability and Auto Liabilty. Excess Liability is follow form with regards to Additional insured on the underlying General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHE POLICY PROVISIONS. City of Sanford Attn: Risk Manager AUTHORIZED REPRESENTATIVE P.O. Box 1788 R Sanford, FL 32772- 1788j.•os•i 2 Page 1 of 1 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD