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Home My WebLink AboutR-20-01850FCity of Miami G�TY 'LJ 1 Legislation * IA61RR uuu �F l ° R I° Resolution: R-20-0185 File Number: 7534 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/25/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH SEVENSON ENVIRONMENTAL SERVICES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("SEVENSON"), FOR DESIGN -BUILD SERVICES FOR THE WAGNER CREEK AND SEYBOLD CANAL WATERWAYS RESTORATION PROJECT PURSUANT TO REQUEST FOR PROPOSALS NO. 15-16-030 PROVIDING FOR ADDITIONAL WORK IN AN AMOUNT NOT TO EXCEED SEVEN MILLION SIXTY TWO THOUSAND EIGHT HUNDRED DOLLARS ($7,062,800.00), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM SEVENTEEN MILLION FOUR HUNDRED THIRTY FOUR THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND EIGHTY CENTS ($17,434,989.80) TO AN AMOUNT NOT TO EXCEED TWENTY FOUR MILLION FOUR HUNDRED NINETY SEVEN THOUSAND SEVEN HUNDRED EIGHTY NINE DOLLARS AND EIGHTY CENTS ($24,497,789.80); ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-50643, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT NO. 1 TO THE PSA WITH SEVENSON, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Commission authorized a list of expedited projects for the purpose of expediting City of Miami ("City") Office of Capital Improvements ("OCI") solicitations and projects; and WHEREAS, pursuant to Section 18-117(b) of the City Code, the City Commission may add or delete projects on the authorized list of expedited projects by replacing Attachment "A" to said ordinance via a Resolution; and City of Miami Page 1 of 4 File ID: 7534 (Revision: A) Printed On: 713112020 File ID: 7534 Enactment Number: R-20-0185 WHEREAS, pursuant to Resolution No. 14-0372 adopted on September 29, 2014, the City Commission authorized an Amendment to the City's list of expedited projects, replacing the original Attachment "A," with "Attachment A - 9/10/14 REVISED," for the purposes of including OCI Project No. B-50643, Wagner Creek & Seybold Canal Dredging Project ("Project"); and WHEREAS, the Project's scope of work is Citywide in nature, inclusive of maintenance dredging to remove accumulated sediment in both the Wagner Creek and Seybold Canal waterways resulting in improved drainage and/or navigation; reduced risk from contamination in the waterways; and protection of public safety with minimal damage to existing structures, land, vegetation, and wildlife ("Services"); and WHEREAS, pursuant to Section 18-87 of the City Code and Request for Proposals ("RFP") No. 15-16-030, the City Manager executed a Professional Services Agreement ("PSA") with the design -build firm of Sevenson Environmental Services, Inc., a foreign profit corporation authorized to conduct business in the State of Florida ("Sevenson"), for the Services required for the Project for a not -to -exceed amount of Seventeen Million Four Hundred Thirty Four Thousand Nine Hundred Eighty Nine Dollars and Eighty Cents ($17,434,989.80); and WHEREAS, the Project has open permits from the United States Army Corps of Engineers ("USACE"), NW No. 33 FILL (Manatee Barrier) SAJ-2004-6642 effective July 19, 2011; USACE, DREDGING (Sediment Removal) SAJ-2004-6642 effective July 19,2011; Florida Department of Environmental Protection ("FDEP"), Construction Phase 13-0186694-006 effective February 16, 2011; and Miami -Dade County Environmental Resources Management ("DERM"), CLASS 1 Construction Permit 2008 -CLI -PER -00248 effective January 14, 2011; and WHEREAS, pursuant to the DERM CLASS 1 Construction Permit 2008 -CLI -PER -00248, specifically Condition No. 10 ("DERM Permit Condition No. 10"), the City and Sevenson are required to implement an engineering control subsequent to dredging to prevent or minimize the potential residual risk and contaminant leaching in areas where access limitations preclude the removal of contaminated sediments; and WHEREAS, DERM Permit Condition No. 10 was not included in the original scope of work nor in Sevenson's negotiated PSA pursuant to RFP No. 15-16-030, Exhibit B1.9.C. "Scope of Services, Design and Construction Criteria, Basis of Design and Work Plan"; and WHEREAS, the Project cannot be completed as DERM has not closed Permit CLASS 1 Construction 2008 -CLI -PER -00248 because DERM Permit Condition No. 10 has not been satisfied; and WHEREAS, all permits from USACE, FDEP, and DERM have been extended; and WHEREAS, this Amendment No. 1 also revises the RFP No. 15-16-030 PSA, Exhibit B1.3., "Scope of Services, Project Work Plan," inclusive of mobilization, demobilization, site preparations for laydown areas, planning and design, project oversight, contract administration, survey inspections for turbidity, manatees, dredging operations, dewatering, and stabilization dredging construction services, turbidity monitoring and manatee surveys, water treatment and sediment disposal, and general conditions; and WHEREAS, on May 15, 2020, DERM approved the revised work plan submitted by the City; and WHEREAS, this Amendment No. 1 also revises the RFP No. 15-16-030 PSA, Exhibit City of Miami Page 2 of 4 File ID: 7534 (Revision: A) Printed on: 713112020 File ID: 7534 Enactment Number: R-20-0185 B2, "Negotiated Project Schedule," pursuant to Sevenson's proposed Project Schedule inclusive of the additional work scheduled to commence on July 2020 and to be completed by December 2020; and WHEREAS, the current compensation limit is not sufficient to address the costs associated with the outstanding and foreseeable future design and construction administration assignments; and WHEREAS, the City has sufficient remaining funds available to be drawn from a previously awarded zero percent (0%) interest loan which was authorized by Resolution No. 15- 0304 adopted July 9, 2015 ("Loan Authorizing Resolution") in the total original not to exceed amount of Twenty Two Million Four Hundred Thirteen Thousand Eight Hundred Dollars ($22,413,800.00), referred to as the FDEP State Revolving Loan Agreement No. SW132000 ("State Revolving Loan"); and WHEREAS, in accordance with the terms and conditions of the Loan Authorizing Resolution, the City has received an extension of the final loan draw down date and the related loan repayment rescheduling of the State Revolving Loan in Amendment No. 3 from FDEP to allow for additional time to complete design and construction of the Project and to postpone the first loan repayment date from August 15, 2020 to August 15, 2021; and WHEREAS, it is in the best interest of the City to execute Amendment No. 1 to increase the capacity under the PSA by Seven Million Sixty Two Thousand Eight Hundred Dollars ($7,062,800.00) to accommodate the outstanding and foreseeable future assignments, thereby increasing the award value from Seventeen Million Four Hundred Thirty Four Thousand Nine Hundred Eighty Nine Dollars and Eighty Cents ($17,434,989.80) to a not to exceed amount of Twenty Four Million Four Hundred Ninety Seven Thousand Seven Hundred Eighty Nine Dollars and Eighty Cents ($24,497,789.80); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment No. 1 to the PSA with Sevenson for the provision of Services for the Project pursuant to RFP No. 15-16-030 providing for additional work in an amount not to exceed Seven Million Sixty Two Thousand Eight Hundred Dollars ($7,062,800.00), thereby increasing the total compensation limit from Seventeen Million Four Hundred Thirty Four Thousand Nine Hundred Eighty Nine Dollars and Eighty Cents ($17,434,989.80) to an amount not to exceed Twenty Four Million Four Hundred Ninety Seven Thousand Seven Hundred Eighty Nine Dollars and Eighty Cents ($24,497,789.80), is authorized.' Section 3. Funds are allocated from OCI Project No. B-50643, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute Amendment No.1 to the PSA with Sevenson, in a form acceptable to the City Attorney, for said purposes. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 4 File ID: 7534 (Revision: A) Printed on: 713112020 File ID: 7534 Enactment Number: R-20-0185 Section 5. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: i ria ndez, ity ttor ey 7/31/2020 City of Miami Page 4 of 4 File ID: 7534 (Revision: A) Printed on: 713112020