HomeMy WebLinkAboutBack-Up Documents - Draft Amendment No. 1CITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
AMENDMENT NO. 1 TO THE DESIGN -BUILD SERVICES AGREEMENT
FOR THE WAGNER/CREEK /SEYBOLD CANAL RESTORATION PROJECT
This Amendment No. 1 to the Design -Build Services Agreement dated March 30, 2017 (the
"Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"),
and Sevenson Environmental Services, Inc. ("Design -Build Firm"), a Foreign Corporation, for
the provision of Design -Build Services ("Services") for the Office of Capital Improvements
("OCI") is entered into this day of 12020.
RECITALS
WHEREAS, pursuant to Resolution No. 14-0372, adopted on September 29, 2014, the
City Commission authorized an Amendment to the City of Miami's list of expedited projects
pursuant to Ordinance No. 13045, adopted on December 11, 2008, by replacing the original
Attachment 'A," with "Attachment A - 9/10/14 REVISED," for the purposes of expediting capital
improvements solicitations and projects; and
WHEREAS, pursuant to City Code Section 18-117 (b), the City Commission may add or
delete projects from Attachment "A" of said ordinance; and
WHEREAS, Attachment A - 9/10/14 REVISED included Capital Improvements 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 Wagner Creek and Seybold Canal
waterways resulting in (i.) improved drainage and/or navigation; (ii.) reduced risk from
contamination in the waterways; and (iii.) protection of public safety with minimal damage to
existing structures, land, vegetation, and wildlife; and
WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87,and
18-117 (e) Request for Proposals ("RFP") No. 15-16-030, the City Manager executed an
Agreement with Design -Build Firm for Services of the Project in an amount not -to -exceed
eighteen million, four hundred thousand, one hundred and forty-one dollars and twenty cents
($18,400,141.20), in addition to a contingency fee of five hundred thousand dollars ($500,000),
for a total of eighteen million, nine hundred thousand, one hundred and forty-one dollars and
twenty cents ($18,900,141.20); and
WHEREAS, the Project has open permits from the following federal, state, and local
agencies: (i.) U.S. Army Corps of Engineers ("USACE"), NW No. 33 FILL (Manatee Barrier)
SAJ-2004-6642, effective July 19, 2011; (ii.) USACE, DREDGING (Sediment Removal) SAJ-
2004-6642, effective July 19, 2011; (iii.) Florida Department of Environmental Protection
("FDEP"), Construction Phase 13-0186694-006, effective February 16, 2011; and (iv.) Miami -
Dade County Environmental Resources Management ("DERM"), CLASS 1 Construction 2008 -
CLI -PER -00248, effective January 14, 2011; and
WHEREAS, DERM CLASS 1 Construction Permit 2008 -CLI -PER -00248 Specific
Condition No. 10 ("DERM Permit Condition No. 10") requires that the City and Design -Build
Firm 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 the Design -Build Firm's negotiated contract pursuant to Contract No. RFP 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 the DERM has not closed Permit
CLASS 1 Construction 2008 -CLI -PER -00248 because Specific Condition No. 10 has not been
satisfied; and
WHEREAS, all permits from the regulatory agencies USACE, FDEP, and DERM have
been extended; and
WHEREAS, this Amendment No.1 revises Contract No. RFP 15-16-030, 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 turbity, 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 revises Contract No. RFP 15-16-030, Exhibit B2,
"Negotiated Project Schedule" pursuant to the Design -Build Firm's proposed Project Schedule
inclusive of the additional work scheduled to commence on July 2020 and to be completed by
December of 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 additional funds available from a previously awarded zero
percent interest (0%) loan, FDEP State Revolving Loan Agreement No. SW132000;
WHEREAS, the City has received loan repayment rescheduling of SW132000 in
Amendment No. 3 from FDEP to allow for additional time to complete design and construction
through 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 Agreement by $7,062,800 to accommodate outstanding and foreseeable
future assignments, thereby increasing the award value from $18,900,141.20 to an amount not -
to -exceed $25,962,941.20.
NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the
Agreement as follows:
Section 1. Contract No. RFP 15-16-030, Section 1, GENERAL TERMS AND
CONDITIONS, CLAUSE 121 COUNTERPARTS; ELECTRONIC SIGNATURES.
This Agreement may be executed in counterparts, each of which shall be an original as
against either Party whose signature appears thereon, but all of which taken together shall
constitute but one and the same instrument. An executed facsimile or electronic scanned copy
of this Agreement shall have the same force and effect as an original. The parties shall be
entitled to sign and transmit an electronic signature on this 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.
Section 2. Contract No. RFP 15-16-030, Section 1, GENERAL TERMS AND
CONDITIONS, CLAUSE 63 FORCE MAJEURE
A "Force Majeure Event' shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural
disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection,
blockade, or embargo. In the event that either party is delayed in the performance of
any act or obligation pursuant to or required by the Agreement by reason of a Force
Majeure Event, the time for required completion of such act or obligation shall be
extended by the number of days equal to the total number of days, if any, that such party
is actually delayed by such Force Majeure Event. The party seeking delay in
performance shall give notice to the other party specifying the anticipated duration of the
delay, and if such delay shall extend beyond the duration specified in such notice,
additional notice shall be repeated no less than monthly so long as such delay due to a
Force Majeure Event continues. Any party seeking delay in performance due to a Force
Majeure Event shall use its best efforts to rectify any condition causing such delay and
shall cooperate with the other party to overcome any delay that has resulted.
Notwithstanding the above stated, Contractor delays in the performance of any act or
obligation pursuant to or required by the Agreement by reason of a Force Majeure Event
shall remain at all times subject to City acceptance and approval of the same and
subordinate to all other terms and conditions of this Agreement.
Section 3. Contract No. RFP 15-16-030, Exhibit B1 Exhibit B1.3., "Scope of Services,
Project Work Plan," is revised pursuant to Amendment No. 1.
Section 4. Contract No. RFP 15-16-030, Exhibit B2, "Negotiated Project Schedule," is
amended pursuant to Amendment No. 1.
Section 5. Contract No. RFP 15-16-030, Exhibit C1, "Negotiated Price," is hereby
increased by seven million sixty-two thousand eight hundred dollars ($7,062,800),
thereby increasing the total award value from eighteen million, nine hundred thousand,
one hundred and forty-one dollars and twenty cents ($18,900,141.20), to an amount not -
to -exceed twenty-five million nine hundred sixty-two thousand nine hundred forty-one
dollars and twenty cents ($25,962,941.20). The latter sum is a Guaranteed Maximum
Price inclusive, without limitation, of fees, costs, and reimbursable expenses, pursuant to
Amendment No. 1.
All other terms and conditions of the Agreement are in operative force and effect and
remain unchanged.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day
and year first above written.
WITNESS/ATTEST:
Signature
Print Name, Title
ATTEST:
Design -Build Firm's Secretary
(Affirm Design -Build Firm's Seal, if
available)
ATTEST:
Todd B. Hannon, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann Marie Sharpe, Director
Risk Management Department
SEVENSON ENVIRONMENTAL
SERVICES, INC., a Foreign Corporation
Signature
Print Name, Title
(Corporate Seal)
CITY OF MIAMI, a municipal corporation of
the State of Florida
Arthur Noriega V, City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
CORPORATE RESOLUTION
(This Resolution must authorize the signatory to sign)
WHEREAS, Sevenson Environmental Services, Inc., a Foreign corporation, desires to
enter into an agreement with the City of Miami for the purpose of performing the work described
in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this
corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other document and perform any acts in connection therewith
as may be required to accomplish its purpose.
IN WITNESS WHEREOF, this day of 12020.
I_1
IN
("Design -Build Firm")
Florida Corporation
(sign)
Print Name: ,
TITLE:
(sign)
Print Name:
CERTIFICATE OF AUTHORITY
(IF CORPORATION OR LLC)
I HEREBY CERTIFY that at a meeting of the Board of Directors
of , a corporation organized and existing under the laws of the State
of held on the _day of a resolution was duly passed
and adopted authorizing (Name) as (Title) of the
corporation to execute agreements on behalf of the corporation and providing that his/her
execution thereof, attested by the secretary of the corporation, shall be the official act and deed
of the corporation.
I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,
2020.
Secretary:
Print:
NOTARIZATION
STATE OF )
)SS -
COUNTY
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this
20 , by
personally known to me or who has produced
identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
day of
. who is
as